Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
Allegation: something that someone says happened.
Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201
Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or
(B)
failure of a caretaker to provide protection from health and safety hazards or maltreatment;
(ii)
failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;
(iii)
a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;
(iv)
knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
(a)
provide personal protection;
(b)
provide necessities such as food, shelter, clothing, or mental or other health care;
(c)
obtain services necessary for health, safety, or welfare;
(d)
carry out the activities of daily living;
(e)
manage the adult's own financial resources; or
(f)
comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201
(2)
The database shall include:
(a)
the names and identifying data of the alleged abused, neglected, or exploited vulnerable adult and the alleged perpetrator;
(b)
information regarding whether or not the allegation of abuse, neglect, or exploitation was found to be:
(i)
supported;
(ii)
inconclusive;
(iii)
without merit; or
(iv)
for reports for which the finding is made before May 5, 2008:
(A)
substantiated; or
(B)
unsubstantiated; and
(c)
any other information that may be helpful in furthering the purposes of this part, as determined by the division.
(3)
Information obtained from the database may be used only:
(a)
for statistical summaries compiled by the department that do not include names or other identifying data;
(b)
where identification of an individual as a perpetrator may be relevant in a determination regarding whether to grant or deny a license, privilege, or approval made by:
(i)
the department;
(ii)
the Division of Professional Licensing;
(iii)
the Division of Licensing and Background Checks within the department;
(iv)
the Bureau of Emergency Medical Services and Preparedness, within the department, or a designee of the Bureau of Emergency Medical Services and Preparedness;
(v)
any government agency specifically authorized by statute to access or use the information in the database; or
(vi)
an agency of another state that performs a similar function to an agency described in Subsections (3)(b)(i) through (iv); or
(c)
as otherwise specifically provided by law.
Renumbered and Amended by Chapter 308, 2023 General Session
