1. (1) The definitions in Section 26B-2-238 apply to this section.

2. (2) The department shall create and maintain a Direct Access Clearance System database, which:

   1. (a) includes the names of individuals for whomthe department has received an application for certification for direct patient access under this part; and
   2. (b) indicates whether an application is pending and whether clearance has been granted and retained for an applicant under this part.

3. (3)

   1. (a) The department shall allow covered providers and covered contractors to access the database electronically.

   2. (b) Data accessible to a covered provider or covered contractor is limited to the information under Subsections (2)(a)(i) and (2)(b)(i) for:

      1. (i) covered individuals engaged by the covered provider or covered contractor; and

      2. (ii) individuals:

         1. (A) whom the covered provider or covered contractor could engage as covered individuals; and
         2. (B) who have provided the covered provider or covered contractor with sufficient personal identification information to uniquely identify the individual in the database.

   3. (c)

      1. (i) The department may establish fees, in accordance with Section 63J-1-504, for use of the database by a covered contractor.
      2. (ii) The fees may include, in addition to any fees established by the department under Subsection 26B-2-240(9), an initial set-up fee, an ongoing access fee, and a per-use fee.

4. (4) The Criminal Investigations and Technical Services Division within the Department of Public Safety shall:

   1. (a) retain, separate from other division records, personal information, including any fingerprints, sent to the division by the department pursuant to Subsection 26B-2-240(3)(a); and

   2. (b) notify the department upon receiving notice that an individual for whom personal information has been retained is the subject of:

      1. (i) a warrant for arrest;
      2. (ii) an arrest;
      3. (iii) a conviction, including a plea in abeyance; or
      4. (iv) a pending diversion agreement.
5. (5) A covered body is not civilly liable for submitting to the department information required under this section, Section 26B-2-239, or Section 26B-2-240, or refusing to employ an individual who does not have certification for direct patient access to have direct patient access under Section 26B-2-240.

Amended by Chapter 240, 2024 General Session