80-2-1002. Licensing Information System -- Contents -- Classification of records -- Access -- Unlawful release -- Penalty.
(1) The division shall maintain a sub-part of the Management Information System as the Licensing Information System to be used: for licensing purposes; or as otherwise provided by law. Notwithstanding Subsection, the department's access to information in the Management Information System for the licensure and monitoring of a foster parent is governed by Sectionsand. (1)(a) 80-2-1001 26B-2-121
(2) The Licensing Information System shall include only the following information: the name and other identifying information of the alleged perpetrator in a supported finding, without identifying the alleged perpetrator as a perpetrator or alleged perpetrator; a notation to the effect that an investigation regarding the alleged perpetrator described in Subsectionis pending; (2)(a) the information described in Subsection; (3) consented-to supported findings by an alleged perpetrator under Subsection; 80-2-708(3)(a)(iii) a finding from the juvenile court under Sectionor; and 80-3-404 80-3-504 the information in the licensing part of the division's Management Information System as of May 6, 2002.
(3) Subject to Section, upon receipt of a finding from the juvenile court under Sectionor, the division shall: 80-2-1003 80-3-404 80-3-504 promptly amend the Licensing Information System to include the finding; and enter the finding in the Management Information System.
(4) Information or a record contained in the Licensing Information System is: a protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, accessible only: to the Division of Licensing and Background Checks created in Section: 26B-2-901 for licensing purposes; or as otherwise specifically provided for by law; to the division to: screen an individual at the request of the Office of Guardian Ad Litem at the time the individual seeks a paid or voluntary position with the Office of Guardian Ad Litem and annually throughout the time that the individual remains with the Office of Guardian Ad Litem; and respond to a request for information from an individual whose name is listed in the Licensing Information System; to a person designated by the Department of Health and Human Services, only for the following purposes: licensing a child care program or provider; or determining whether an individual associated with a child care facility, program, or provider, who is exempt from being licensed or certified by the Department of Health and Human Services under Title 26B, Chapter 2, Part 4, Child Care Licensing, has a supported finding of a severe type of child abuse or neglect; to a person designated by the Department of Workforce Services and approved by the Department of Health and Human Services for the purpose of qualifying a child care provider under Section; 35A-3-310.5 to the Bureau of Emergency Medical Services, within the Department of Public Safety, in determining whether an individual who is seeking an emergency medical services license has a supported finding of a severe type of child abuse or neglect; as provided in Section; or 26B-2-121 to the department or another person, as provided in this chapter.
(5) A person designated by the Department of Health and Human Services, the Department of Workforce Services, or the Bureau of Emergency Medical Services under Subsectionshall adopt measures to: (4) protect the security of the Licensing Information System; and strictly limit access to the Licensing Information System to persons allowed access by statute.
(6) The department shall approve a person allowed access by statute to information or a record contained in the Licensing Information System and provide training to the person with respect to: accessing the Licensing Information System; maintaining strict security; and the criminal provisions of Sectionsandpertaining to the improper release of information. 63G-2-801 80-2-1005
(7) Except as authorized by this chapter, a person may not request another person to obtain or release any other information in the Licensing Information System to screen for potential perpetrators of abuse or neglect. A person who requests information knowing that the request is a violation of this Subsectionis subject to the criminal penalties described in Sectionsand. (7) 63G-2-801 80-2-1005