Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 358 (2017GS)

Sponsor

Rep. Albrecht, C.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes the Department of Health to access the Department of Human Services' Licensing Information System and the Division of Aging and Adult Services database when conducting a background investigation for an individual seeking an emergency medical services license.

Every vote on this bill

Bill text

LICENSING INFORMATION SYSTEM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: 
 Ralph Okerlund
LONG TITLE
General Description:
This bill provides provisions under which the Department of Human Services databases
may be accessed.
Highlighted Provisions:
This bill:
▸ authorizes the Department of Health to access the Department of Human Services'
Licensing Information System and the Division of Aging and Adult Services
database when conducting a background investigation for an individual seeking an
emergency medical services license.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-3-311.1
, as last amended by Laws of Utah 2008, Chapters 91 and 382
62A-4a-1006
, as last amended by Laws of Utah 2009, Chapter 32
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-3-311.1
 is amended to read:
62A-3-311.1.
Statewide database -- Restricted use and access.
(1) The division shall maintain a database for reports of vulnerable adult abuse,
neglect, or exploitation made pursuant to this part.
(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 [
a person
] 
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 Occupational and Professional Licensing;
(iii) the Bureau of Licensing, within the Department of Health;
(iv) the Bureau of Emergency Medical Services and Preparedness, within the
Department of Health, or a designee of the Bureau of Emergency Medical Services and
Preparedness;
[
(iv)
] 
(v)
 any government agency specifically authorized by statute to access or use the
information in the database; or
[
(v)
] 
(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.
Section 2. Section 
62A-4a-1006
 is amended to read:
62A-4a-1006.
Licensing Information System -- Contents -- Juvenile court finding
-- Protected record -- Access -- Criminal penalty.
(1) (a) The division shall maintain a sub-part of the Management Information System
established pursuant to Section 
62A-4a-1003
, to be known as the Licensing Information
System, to be used:
(i) for licensing purposes; or
(ii) as otherwise specifically provided for by law.
(b) The Licensing Information System shall include only the following information:
(i) the information described in Subsections 
62A-4a-1005
(1)(b) and (3)(b);
(ii) consented-to supported findings by alleged perpetrators under Subsection
62A-4a-1005
(3)(a)(iii); and
(iii) the information in the licensing part of the division's Management Information
System as of May 6, 2002.
(2) Notwithstanding Subsection (1), the department's access to information in the
Management Information System for the licensure and monitoring of foster parents is governed
by Sections 
62A-4a-1003
 and 
62A-2-121
.
(3) Subject to Subsection 
62A-4a-1005
(3)(e), upon receipt of a finding from the
juvenile court under Section 
78A-6-323
, the division shall:
(a) promptly amend the Licensing Information System; and
(b) enter the information in the Management Information System.
(4) (a) Information contained in the Licensing Information System is classified as a
protected record under Title 63G, Chapter 2, Government Records Access and Management
Act.
(b) Notwithstanding the disclosure provisions of Title 63G, Chapter 2, Government
Records Access and Management Act, the information contained in the Licensing Information
System may only be used or disclosed as specifically provided in this chapter and Section
62A-2-121
.
(c) The information described in Subsection (4)(b) is accessible only to:
(i) the Office of Licensing within the department:
(A) for licensing purposes; or
(B) as otherwise specifically provided for by law;
(ii) the division to:
(A) screen a person at the request of the Office of Guardian Ad Litem:
(I) at the time that person seeks a paid or voluntary position with the Office of
Guardian Ad Litem; and
(II) on an annual basis, throughout the time that the person remains with the Office of
Guardian Ad Litem; and
(B) respond to a request for information from a person whose name is listed in the
Licensing Information System;
(iii) persons designated by the Department of Health and approved by the Department
of Human Services, only for the following purposes:
(A) licensing a child care program or provider; [
or
]
(B) determining whether a person associated with a covered health care facility, as
defined by the Department of Health by rule, who provides direct care to a child, has a
supported finding of a severe type of child abuse or neglect; 
or
(C) 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.
(iv) persons designated by the Department of Workforce Services and approved by the
Department of Human Services for the purpose of qualifying child care providers under
Section 
35A-3-310.5
; and
(v) the department, as specifically provided in this chapter.
(5) The persons designated by the Department of Health under Subsection (4)(c)(iii)
and the persons designated by the Department of Workforce Services under Subsection
(4)(c)(iv) shall adopt measures to:
(a) protect the security of the Licensing Information System; and
(b) strictly limit access to the Licensing Information System to those persons
designated by statute.
(6) All persons designated by statute as having access to information contained in the
Licensing Information System shall be approved by the Department of Human Services and
receive training from the department with respect to:
(a) accessing the Licensing Information System;
(b) maintaining strict security; and
(c) the criminal provisions of Sections 
62A-4a-412
 and 
63G-2-801
 pertaining to the
improper release of information.
(7) (a) A person, except those authorized by this chapter, 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.
(b) A person who requests information knowing that it is a violation of this Subsection
(7) to do so is subject to the criminal penalty described in Sections 
62A-4a-412
 and 
63G-2-801
.
Legislative Review Note
Office of Legislative Research and General Counsel