Utah Administrative Code
Topic - Health
Title R432 - Health Care Facility Licensing
Rule R432-35 - Background Screening - Health Facilities
Section R432-35-9 - Exclusion from Direct Patient Access
Universal Citation: UT Admin Code R 432-35-9
Current through Bulletin 2024-06, March 15, 2024
(1) The department shall review convictions or pending charges as follows:
(a) pursuant
to Section
26B-2-240, any individual or
covered individual who has been convicted, has pleaded no contest, or is
subject to a plea in abeyance or diversion agreement, within the past 10 years,
for any offense listed in this section, may not have direct patient access:
(i) any felony or class A misdemeanor under
the following:
(A) Subsection
76-6-106(2)(b)(i)(A)
Criminal Mischief -Human Life;
(B)
Title 76, Chapter 4, Enticement of a Minor;
(C) Title 76, Chapter 5, Offenses Against the
Person;
(D) Title 76, Chapter 5b,
Sexual Exploitation Act;
(E)
Sections 76-3-203.9 through 203.10, Violent
Offenses Committed in Presence of a Child;
(F) Section
76-9-301.8, Bestiality;
(G) Sections
76-9-702 through 702.1 Lewdness
-Sexual Battery;
(H) Sections
76-9-702.5 and
76-9-702.7 Lewdness Involving
Child and Voyeurism offenses;
(I)
Sections 76-10-1201 through
76-10-1228, Pornographic and
Harmful Materials and Performances;
(J) Sections
76-10-1301 through 1314,
Prostitution;
(K) Title 78B,
Chapter 7, Protective Order and Stalking Injunctions; or
(L) Section
26B-6-205, Failure to Report
Suspected Abuse, Neglect, or Exploitation of a Vulnerable
Adult;
(b)
except as listed in Subsection
R432-35-9(1)(a),
if an individual or covered individual has been convicted, has pleaded no
contest, or is subject to a plea in abeyance or diversion agreement, for the
following offenses, the department may consider granting certification for
direct patient access:
(i) any felony or class
A misdemeanor;
(ii) any felony,
class A or B misdemeanor under Subsection
76-6-106(2)(b)(i)(A),
Criminal Mischief - Human Life;
(iii) any felony or class A, B or C
misdemeanor under the following:
(A) Title 76,
Chapter 4, Enticement of a Minor;
(B) Title 76 Chapter 5, Offenses Against the
Person;
(C) Title 76, Chapter 5b,
Sexual Exploitation Act;
(D)
Sections 76-3-203.9 through 203.10, Violent
Offenses Committed in Presence of a Child;
(E) Section
76-9-301.8, Bestiality;
(F) Section
76-9-702 through 702.1 Lewdness -
Sexual Battery;
(G) Section
76-9-702.5 and
76-9-702.7 Lewdness Involving
Child - Voyeurism offenses;
(H)
Section 76-10-1201 through
76-10-1228, Pornographic and
Harmful Materials and Performances;
(I) Section
76-10-1301 through 1314,
Prostitution;
(J) Title 78B,
Chapter 7, Protective Order and Stalking Injunctions; and
(K) Section
26B-6-205, Failure to Report
Suspected Abuse, Neglect, or Exploitation of a Vulnerable Adult;
(c) any individual or
covered individual who has a warrant for arrest or an arrest for any of the
identified offenses in Subsection
R432-35-8(1)(a) or
(b), may deny direct patient access based on:
(i) the type of offense;
(ii) the severity of offense; and
(iii) potential risk to patients or
residents.
(2) The department shall review juvenile records as follows:
(a) as required by Subsection
26B-2-240(a)(ii)(E),
juvenile court records shall be reviewed if an individual or covered individual
is:
(i) under the age of 28; or
(ii) over the age of 28 and has convictions
or pending charges identified in Subsection
R432-35-8(1)(a) or
(b);
(b) adjudication by a juvenile court shall
exclude the individual from direct patient access if the adjudication refers to
an act that, if committed by an adult, would be a felony or a misdemeanor as
identified in Subsection
R432-35-9(1)(a);
and
(c) adjudication by a juvenile
court may exclude the individual from direct patient access, if the
adjudication refers to an act that if committed as an adult, would be a felony
or misdemeanor as identified in Subsection
R432-35-9(1)(b).
(3) The department may review non-criminal findings from the following sources to determine whether an individual or covered individual should be granted or retain certification for direct patient access:
(a) Division of Child and Family
Services Licensing Information System described in Section
80-2-1002;
(b) child abuse or neglect findings described
in Section
80-3-404;
(c) Division of Aging and Adult Services
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210;
(d) registries of nurse aids described in
42 CFR
483.156;
(e) licensing and certification records of
individuals licensed or certified by the Division of Professional Licensing
under Title 58, Occupations and Professions; and
(f) the (LEIE) database maintained by the
United States Department of Health and Human Services' Office of Inspector
General.
(4) The department may review relevant background information from sources listed in Section R432-35-8 to determine under what circumstance, if any, the covered individual may be granted or retain certification for direct patient access and the following factors may be considered:
(a) types and number of offenses
or findings;
(b) passage of time
since the offense or finding;
(c)
surrounding circumstances of the offense or finding;
(d) intervening circumstances regarding the
offense or finding; and
(e) steps
taken to correct or improve.
(5) The department shall rely on relevant information from sources identified in Section R432-35-8 as conclusive evidence and may deny direct patient access based on that information.
(6) A denied application may be re-submitted to the department no sooner than 2 years from the date of separation or upon substantial change to the covered individual's circumstances.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
