26B-1-211. Background checks for employees -- Access to abuse and neglect information to screen employees and volunteers.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section. 53-10-201
(2) Beginning July 1, 2018, the department may require a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring of: all staff, contracted employees, and volunteers who: have access to protected health information or personal identifying information; have direct access to patients, children, or vulnerable adults as defined in Section; 26B-2-101 work in areas of privacy and data security; handle financial information, including receipt of funds, reviewing invoices, making payments, and other types of financial information; and perform audit functions, whether internal or external, on behalf of the department; and job applicants who have been offered a position with the department and the job requirements include those described in Subsection. (2)(a)
(3) Beginning July 1, 2022, for the purposes described in Subsection, the department may also access: (2) the department's Management Information System created in Section; 80-2-1001 the department's Licensing Information System created in Section; 80-2-1002 the statewide database of the Division of Aging and Adult Services created by Section; 26B-6-210 juvenile court records under Subsectionor; and 80-3-404(4) 80-3-504(6) licensing and certification records of individuals licensed or certified by the Division of Professional Licensing under Title 58, Occupations and Professions.
(4) Each individual in a position listed in Subsectionshall provide a completed fingerprint card to the department upon request. (2)
(5) The department shall require that an individual required to submit to a background check under Subsectionprovide a signed waiver on a form provided by the department that meets the requirements of Subsection. (4) 53-10-108(4)
(6) For a noncriminal justice background search and registration in accordance with Subsection, the department shall submit to the bureau: 53-10-108(13) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and a request for all information received as a result of the local, regional, and nationwide background check.
(7) The department is responsible for the payment of all fees required by Subsectionand any fees required to be submitted to the Federal Bureau of Investigation by the bureau. 53-10-108(15)
(8) The department may make rules in accordance with, that: Title 63G, Chapter 3, Utah Administrative Rulemaking Act determine how the department will assess the employment status of an individual upon receipt of background information; determine when an individual would be disqualified from holding a position based on: the type of crimes and the severity of those crimes; or one or more substantiated or supported findings of abuse, neglect, or exploitation; and identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection. 53-10-108(13)(b)