1. (1) "Department" means the Department of Health and Human Services.
2. (2) "Direct Supervision" means that an employee is under the uninterrupted visual and auditory surveillance of another employee who has an eligible determination issued by the office.
3. (3) "Eligible" means having a determination made by the office that permits an employee to have a base clearance, a clearance to have direct access, or a clearance to handle financial information.

4. (4) "Employee" means any employee, selected job applicant, contracted employee and volunteer of the department who may:

   1. (a) have access to protected health information or personal identifying information;
   2. (b) have direct access to patients, children, or vulnerable adults as defined in Section 26B-2-101;
   3. (c) work in areas of privacy and data security;
   4. (d) handle financial information, including receipt of funds, reviewing invoices, making payments, and other types of financial information; or
   5. (e) perform audit functions, whether internal or external, on behalf of the department.
5. (5) "Live Scan" means fingerprints copied electronically and transmitted to the Department of Public Safety for enrollment in the FBI Rap Back System that is defined in Section 53-10-108.

6. (6) "Non-criminal" means any record or event within:

   1. (a) the department's Management Information System created in Section 80-2-1001;
   2. (b) the department's Licensing Information System created in Section 80-2-1002; or
   3. (c) the statewide database of the Division of Aging and Adult Services created by Section 26B-6-210.
7. (7) "Office" means the Office of Background Processing within the department.

The definitions in Section 26B-1-211 apply. In addition:

KEY: employees, background checks

Date of Last Change: November 20, 2023

Notice of Continuation: February 7, 2024

Authorizing, and Implemented or Interpreted Law: 26B-1-211