Utah Administrative Code
Topic - Health
Title R432 - Health Care Facility Licensing
Rule R432-35 - Background Screening - Health Facilities
Section R432-35-5 - Covered Contractor - DACS Process

(1) The covered contractor may enter required information into DACS to initiate certification for direct patient access of each covered individual before providing the individual by contract with a covered provider.

(2) The covered contractor shall ensure the covered individual, being provided by contract to a covered provider:

(3) The covered contractor shall ensure DACS reflects the current status of the covered individual within five working days of placement or termination.

(4) The covered contractor may provisionally provide a covered individual with a covered provider while certification for direct patient access is pending as permitted in Section 26B-2-239.

(5) If the department determines an individual is not eligible for direct patient access, based on information obtained through DACS and the sources listed in Section R432-35-8, the department shall send a notice of agency action, as outlined in Rule R432-30, to the covered contractor and the individual explaining the action and the individual's right of appeal.

(6) A covered contractor may not provide a covered individual to a covered provider, if the individual is determined not eligible to have direct patient access.

(7) The department may allow a covered individual direct patient access with conditions, during an appeal process, if the covered individual can demonstrate to the department that the work arrangement does not pose a threat to the safety and health of patients or residents.