(6) Exclusion from
licensure.
(a) Criminal Convictions or
Pending Charges:
(i) If an individual has
been convicted, has pleaded no contest, is subject to a plea in abeyance, or a
diversion agreement, for the following offenses within the past 15 years, they
shall not be approved for licensure:
(A) any
felony or class A under Title 76, Chapter 5 Offenses Against the Person, Utah
Criminal Code;
(B) any felony or
class A under Title 76, Chapter 9, Offenses Against Public Order and Decency,
Utah Criminal Code excluding sections 103 and 108;
(C) any felony or class A or B under the
following Utah Criminal Codes:
(I)
76-9-301.8,
Bestiality;
(II)
76-9-702.1, Sexual
Battery; and
(III)
76-9-702.5,
Lewdness Involving Child.
(ii) If an individual has been convicted or
has pleaded no contest for the following offenses, 15 years have passed since
the last conviction and the offense cannot be expunged they shall be considered
for licensure:
(A) any felony or class A
under Title 76, Chapter 5 Offenses Against the Person, Utah Criminal
Code;
(B) any felony or class A
under Title 76, Chapter 9, Offenses Against Public Order and Decency, Utah
Criminal Code excluding sections 103 and 108;
(C) any felony or class A or B under the
following Utah Criminal Codes:
(I)
76-9-301.8,
Bestiality;
(II)
76-9-702.1, Sexual
Battery; and
(III)
76-9-702.5,
Lewdness Involving Child.
(iii) If an individual has been convicted,
has pleaded no contest, is subject to a plea in abeyance, or a diversion
agreement, for the following offenses, they shall be considered for licensure:
(A) any felony or class A under Utah Criminal
Code not listed in R426-5-3200(6)(a)(i).
(B) any class B or C under Title 76, Chapter
5 Offenses Against the Person, Utah Criminal Code;
(C) any felony, class A under Title 76,
Chapter 6, Offenses Against Property, Utah Criminal Code;
(D) any felony or class A under Title 76,
Chapter 6a, Pyramid Schemes, Utah Criminal Code;
(E) any felony or class A under Title 76,
Chapter 8, Offenses Against the Administration of Government, Utah Criminal
Code;
(F) any felony, class A under
Title 76, Chapter 10, Offenses Against Public Health, Welfare, Safety and
Morals, Utah Criminal Code;
(G) any
felony, class A, B or C under the following Utah Criminal Codes:
(I)
76-10-1201
to 1229.5, Pornographic and Harmful Materials and Performances; and
(II)
76-10-1301
to 1314, Prostitution;
(III) any
felony or class A under Utah Criminal Code
76-10-2301,
Contributing to the Delinquency of a Minor;
(H) any felony or class A or B under Utah
Motor Vehicles Traffic Code
41-6a-502,
502.5, and 517.
(I) any felony or
class A or B under Utah Occupations and Professions Utah Controlled Substances
Act 58-37.
(J) any felony or class
A or B under Alcoholic Beverage Control Act
32B-4-409.
(K) any criminal conviction or pattern of
convictions that may represent an unacceptable risk to public health and
safety.
(iv) An
individual seeking licensure who has been convicted or has pleaded no contest,
is subject to a plea in abeyance, a diversion agreement, a warrant for arrest,
arrested or charged for any of the identified offenses in R426-5-3200(6)(a)
(iii), shall be considered for licensure.
(v) A licensed EMS individual who is subject
to a warrant of arrest, arrested or charged for any of the identified offenses
in R426-5-3200(6)(a)(iii), and after an investigation and Peer Review Board
process as established in
R426-5-3400,
the Department may issue license, or suspend or revoke a license, or place a
license on probation.
(vi) A
licensed EMS individual who is subject to a warrant of arrest, arrested or
charged for any of the identified offenses in R426-5-3200(6)(a)(i), shall
immediately have the individuals EMS license placed on restriction pending the
outcome of a Department investigation as per the process established in
R426-5-3300.
(b) Juvenile Records.
(i) As required by Utah Code Subsection
26-8a-310(5)(b),
juvenile court records shall be reviewed if an individual is:
(A) under the age of 28; or
(B) over the age of 28 and has convictions or
pending charges identified in R426-5-3200(6)(a).
(ii) Adjudications by a juvenile court may
exclude the individual from licensure if the adjudications refer to an act
that, if committed by an adult, would be a felony or a misdemeanor any of the
identified offenses in R426-5-3200(6)(a).
(c) Non-Criminal Records.
(i) The Department may deny licensure based
on a supported finding from:
(A) the
Department of Human Services' Division of Child and Family Services Licensing
Information System described in Section
62A-4a-1006;
(B) child abuse or neglect findings described
in Section
78A-6-323;
(C) the Department of Human Services'
Division of Aging and Adult Services vulnerable adult abuse, neglect, or
exploitation database described in Section
62A-3-311.1;
(ii) The Department may deny
licensure based on a finding from licensing records of individuals licensed by
the Division of Occupational and Professional Licensing under Title 58,
Occupations and Professions.
(d) Review of Relevant Information.
(i) Results of background screening review,
as listed above in R426-5-3200(6)(a)(ii) -(iii), (b) or (c) may be reviewed to
determine under what circumstance, if any, the individual may be granted
licensure. The following factors may be considered:
(A) types and number;
(B) passage of time;
(C) surrounding circumstances;
(D) intervening circumstances; and
(E) steps taken to correct or
improve.
(ii) The
Department shall rely on relevant information identified in R426-5-3200(2) as
conclusive evidence and may deny licensure based on that information.
(e) Appeal of Department licensure
decision.
(i) A licensed EMS individual may
appeal a Department licensure decision as listed in R426-5-3200(6)(d)(i) to the
Department as per the process established in
R426-5-3400.