§ 12-12-1717 - Availability of founded reports of adult or long-term care facility resident maltreatment.
12-12-1717. Availability of founded reports of adult or long-term care facility resident maltreatment.
(a) A report made under this subchapter that is determined to be founded, as well as any other information obtained, including protected health information, and a report written or photograph taken concerning a founded report in the possession of the Department of Human Services shall be confidential and shall be made available only to:
(1) A physician who has before him or her an endangered person or an impaired person the physician reasonably believes may have been maltreated;
(2) A person authorized to place the adult in protective custody if the person:
(A) Has before him or her an adult the person reasonably believes may have been maltreated; and
(B) Requires the information to determine whether to place the adult in protective custody;
(3) An authorized agency having responsibility for the care or supervision of an endangered person or an impaired person;
(4) Any person who is the subject of a report or that person's legal guardian;
(5) A grand jury or court, if the grand jury or court determines that the information is necessary for the determination of an issue before the grand jury or court;
(6) A prosecuting attorney, law enforcement official, coroner, or the Attorney General or his or her designated investigator;
(7) (A) A mandated reporter who has made a report of suspected maltreatment.
(B) However, a mandated reporter shall receive the information only to the extent that he or she may be informed after completion and closure of the investigation whether:
(i) Legal action was taken;
(ii) Services were provided; or
(iii) No action was taken.
(C) No further information shall be released to a mandated reporter, and the mandated reporter shall be informed of the confidentiality of the information and the penalties for disclosure;
(8) (A) An employer or volunteer agency for the purpose of screening an employee, applicant, or volunteer upon submission of a signed, notarized release from the employee, applicant, or volunteer.
(B) The only information released to the employer or volunteer agency shall be whether or not the Adult and Long-term Care Facility Resident Maltreatment Central Registry contains any founded reports naming the employee, applicant, or volunteer as an offender;
(9) The Death Review Committee of the Department of Human Services;
(10) The current administrator of the long-term care facility, if the incident occurred in a long-term care facility;
(11) The administrator of the long-term care facility that currently employs the offender, if different from the long-term care facility in which the incident occurred;
(12) A person or provider identified by the department as having services needed by the maltreated person;
(13) Any applicable licensing or registering authority;
(14) Any employer, legal entity, or board responsible for the person named as the offender;
(15) Any legal entity or board responsible for the maltreated person; and
(16) The Division of Developmental Disabilities Services and the Division of Aging and Adult Services as to participants of the waiver program.
(b) (1) Under no circumstances may the information contained in the registry be released to a person unless the person's capacity is confirmed by the department.
(2) Except for the subject of the report, no person or agency to whom disclosure is made may disclose to any other person a report or other information obtained under this section.
(c) (1) The department may not release data that would identify the person who made a report except to law enforcement, a prosecuting attorney, or the office of the Attorney General.
(2) A court of competent jurisdiction may order release of data that would identify the person who made a report after the court has reviewed in camera the record related to the report and has found that disclosure is needed:
(A) To prevent execution of a crime; or
(B) For prosecution of a crime.
(d) However, information contained in the registry may be made available to bona fide and approved research groups solely for the purpose of scientific research, but in no event shall the name of a person be released, nor shall specific circumstances or facts related to a specific person be used in any research report that might be identifiable with the person.
(e) A person who knowingly permits or encourages the release of data or information contained in the registry to a person not permitted by this subchapter to receive the data or information upon conviction is guilty of a Class A misdemeanor.