Utah Admin. Code R432-35-3 - Covered Provider - DACS Process
(1)
The covered provider shall enter required information into DACS to initiate a
certification for direct patient access of each covered individual before
issuance of a provisional license, license renewal, or engagement as a covered
individual.
(2) The covered
provider shall ensure the engaged covered individual:
(a) signs a criminal background check
authorization form that is available for review by the OBP; and
(b) submits fingerprints within 15 working
days of engagement.
(3)
The covered provider shall ensure DACS reflects the current status of the
covered individual within five working days of the engagement or
termination.
(4) The covered
provider may provisionally engage a covered individual while certification for
direct patient access is pending as permitted in Section
26B-2-239.
(5) If the OBP 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 OBP shall send a
notice of agency action, as outlined in Section
R497-100-5, to the covered
provider and the individual.
(6)
The covered provider may not arrange for a covered individual who has been
determined not eligible for direct patient access to engage in a position with
direct patient access.
(7) The OBP
may allow a covered individual to have direct patient access with conditions,
during an appeal process, if the covered individual demonstrates to the OBP the
work arrangement does not pose a threat to the safety and health of patients or
residents.
(8) The covered provider
that provides services in a residential setting shall enter required
information into DACS to initiate and obtain certification for direct patient
access for each individual 12 years of age and older, who is not a resident,
and resides in the residential setting. If the individual is not eligible for
direct patient access and continues to reside in the setting, the OL may revoke
an existing license or deny licensure.
(9) The covered provider seeking to renew a
license as a health care facility shall utilize DACS to run a verification
report and verify each covered individual's information is correct, including:
(a) address;
(b) email address;
(c) employment status; and
(d) name.
(10) An individual or covered individual
seeking licensure as a covered provider shall submit required information to
the OBP to initiate and obtain certification for direct patient access before
the issuance of the provisional license. If the individual is not eligible for
direct patient access, the OL may revoke an existing license or deny licensure
as a health care facility.
Notes
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