26-21-202. Clearance required. (1) A covered provider may engage a covered individual only if the individual has clearance. (2) A covered contractor may supply a covered individual to a covered employer or covered provider only if the individual has clearance. (3) A covered employer may engage a covered individual who does not have clearance. (4) […]
26-21-203. Department authorized to grant, deny, or revoke clearance — Department may limit direct patient access. (1) As provided in Section 26-21-204, the department may grant, deny, or revoke clearance for an individual, including a covered individual. (2) The department may limit the circumstances under which a covered individual granted clearance may have direct patient […]
Effective 9/1/2022 26-21-204. Clearance. (1) The department shall determine whether to grant clearance for each applicant for whom it receives: (a) the personal identification information specified by the department under Subsection (4)(b); and (b) any fees established by the department under Subsection(9). (2) The department shall establish a procedure for obtaining and evaluating relevant information […]
26-21-205. Department of Public Safety — Retention of information — Notification of Department of Health. The Criminal Investigations and Technical Services Division within the Department of Public Safety shall: (1) retain, separate from other division records, personal information, including any fingerprints, sent to it by the Department of Health pursuant to Subsection 26-21-204(3)(a); and (2) […]
26-21-206. Covered providers and covered contractors required to apply for clearance of certain individuals. (1) As provided in Subsection (2), each covered provider and covered contractor operating in this state shall: (a) collect from each covered individual it engages, and each individual it intends to engage as a covered individual, the personal identification information specified […]
26-21-207. Covered providers required to apply for clearance for certain individuals other than residents residing in residential settings — Certain individuals other than residents prohibited from residing in residential settings without clearance. (1) A covered provider that provides services in a residential setting shall: (a) collect the personal identification information specified by the department under […]
26-21-208. Application for clearance by individuals. (1) An individual may apply for clearance by submitting to the department an application, including: (a) the personal identification information specified by the department under Subsection 26-21-204(4)(b); and (b) any fees established by the department under Subsection 26-21-204(9). (2) Clearance granted to an individual who makes application under Subsection […]
Effective 7/1/2015 26-21-209. Direct Access Clearance System database — Contents — Use. (1) The department shall create and maintain a Direct Access Clearance System database, which: (a) includes the names of individuals for whom the department has received: (i) an application for clearance under this part; or (ii) an application for background clearance under Section […]
26-21-210. No civil liability. A covered body is not civilly liable for submitting to the department information required under this part or refusing to employ an individual who does not have clearance to have direct patient access under Section 26-21-203. Enacted by Chapter 328, 2012 General Session
