Section 1002 – Licensing Information System — Contents — Classification of records — Access — Unlawful release — Penalty.

Effective 9/1/2022
80-2-1002. Licensing Information System — Contents — Classification of records — Access — Unlawful release — Penalty.

• (1)
  • (a) The division shall maintain a sub-part of the Management Information System as the Licensing Information System to be used:
    • (i) for licensing purposes; or
    • (ii) as otherwise provided by law.
  • (b) Notwithstanding Subsection (1)(a), the department’s access to information in the Management Information System for the licensure and monitoring of a foster parent is governed by Sections 80-2-1001 and 62A-2-121.

• (2) The Licensing Information System shall include only the following information:
  • (a) 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;
  • (b) a notation to the effect that an investigation regarding the alleged perpetrator described in Subsection (2)(a) is pending;
  • (c) the information described in Subsection (3);
  • (d) consented-to supported findings by an alleged perpetrator under Subsection 80-2-708(3)(a)(iii);
  • (e) a finding from the juvenile court under Section 80-3-404; and
  • (f) the information in the licensing part of the division’s Management Information System as of May 6, 2002.

• (3) Subject to Section 80-2-1003, upon receipt of a finding from the juvenile court under Section 80-3-404, the division shall:
  • (a) promptly amend the Licensing Information System to include the finding; and
  • (b) enter the finding in the Management Information System.

• (4) Information or a record contained in the Licensing Information System is:
  • (a) a protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and
  • (b) notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, accessible only:
    • (i) to the Office of Licensing created in Section 62A-2-103:
      • (A) for licensing purposes; or
      • (B) as otherwise specifically provided for by law;
    • (ii) to the division to:
      • (A) 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
      • (B) respond to a request for information from an individual whose name is listed in the Licensing Information System;
    • (iii) to a person 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;
      • (B) 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 under Title 26, Chapter 39, Utah Child Care Licensing Act, 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) to a person designated by the Department of Workforce Services and approved by the Department of Human Services for the purpose of qualifying a child care provider under Section 35A-3-310.5;
    • (v) as provided in Section 62A-2-121; or
    • (vi) to the department or another person, as provided in this chapter.

• (5) A person designated by the Department of Health or the Department of Workforce Services under Subsection (4) shall adopt measures to:
  • (a) protect the security of the Licensing Information System; and
  • (b) 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:
  • (a) accessing the Licensing Information System;
  • (b) maintaining strict security; and
  • (c) the criminal provisions of Sections 63G-2-801 and 80-2-1005 pertaining to the improper release of information.

• (7)
  • (a) 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.
  • (b) A person who requests information knowing that the request is a violation of this Subsection (7) is subject to the criminal penalties described in Sections 63G-2-801 and 80-2-1005.

Renumbered and Amended by Chapter 334, 2022 General Session