Utah Code 26B-6-210. Statewide database — Restricted use and access
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(1) The division shall maintain a database for reports of vulnerable adult abuse, neglect, or exploitation made pursuant to this part.
Terms Used In Utah Code 26B-6-210
- Abuse: means :(2)(a) knowingly or intentionally:(2)(a)(i) attempting to cause harm;(2)(a)(ii) causing harm; or(2)(a)(iii) placing another in fear of harm;(2)(b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;(2)(c) emotional or psychological abuse;(2)(d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or(2)(e) deprivation of life sustaining treatment, or medical or mental health treatment, except:(2)(e)(i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or(2)(e)(ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201
- Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
- Allegation: something that someone says happened.
- Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201
- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
- Exploitation: means an offense described in Section Utah Code 26B-6-201
- Inconclusive: means a finding by the division that there is not a reasonable basis to conclude that abuse, neglect, or exploitation occurred. See Utah Code 26B-6-201
- Neglect: means :
(22)(a)(i)(22)(a)(i)(A) failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or(22)(a)(i)(B) failure of a caretaker to provide protection from health and safety hazards or maltreatment;(22)(a)(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;(22)(a)(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;(22)(a)(iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;(22)(a)(v) self-neglect by the vulnerable adult; or(22)(a)(vi) abandonment by a caretaker. See Utah Code 26B-6-201- Statute: A law passed by a legislature.
- Supported: means a finding by the division that there is a reasonable basis to conclude that abuse, neglect, or exploitation occurred. See Utah Code 26B-6-201
- Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
(30)(a) provide personal protection;(30)(b) provide necessities such as food, shelter, clothing, or mental or other health care;(30)(c) obtain services necessary for health, safety, or welfare;(30)(d) carry out the activities of daily living;(30)(e) manage the adult's own financial resources; or(30)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201- Without merit: means a finding that abuse, neglect, or exploitation did not occur. See Utah Code 26B-6-201
(2) The database shall include:(2)(a) the names and identifying data of the alleged abused, neglected, or exploited vulnerable adult and the alleged perpetrator;(2)(b) information regarding whether or not the allegation of abuse, neglect, or exploitation was found to be:(2)(b)(i) supported;(2)(b)(ii) inconclusive;(2)(b)(iii) without merit; or(2)(b)(iv) for reports for which the finding is made before May 5, 2008:(2)(b)(iv)(A) substantiated; or(2)(b)(iv)(B) unsubstantiated; and(2)(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:(3)(a) for statistical summaries compiled by the department that do not include names or other identifying data;(3)(b) where identification of an individual as a perpetrator may be relevant in a determination regarding whether to grant or deny a license, privilege, or approval made by:(3)(b)(i) the department;(3)(b)(ii) the Division of Professional Licensing;(3)(b)(iii) the Division of Licensing and Background Checks within the department;(3)(b)(iv) the Bureau of Emergency Medical Services , within the Department of Public Safety;(3)(b)(v) any government agency specifically authorized by statute to access or use the information in the database; or(3)(b)(vi) an agency of another state that performs a similar function to an agency described in Subsections (3)(b)(i) through (iv); or(3)(c) as otherwise specifically provided by law.