Utah Admin. Code R432-35-7 - Sources for Background Review
(1) For a
finding of certification for direct patient access, the OBP shall include a
fingerprint-based criminal history background check in the databases described
in Subsection
26B-2-241(4) and
inclusion of the individual's fingerprints in the rapback system.
(2) As required in Section
26B-2-240, the OBP may review
relevant information obtained from:
(a) child
abuse or neglect findings described in Section
80-3-404;
(b) federal criminal background databases
available to the state;
(c)
juvenile court arrest, adjudication, and disposition records, as allowed under
Section 78A-6-209;
(d) licensing and certification records of
individuals licensed or certified by the Division of Professional Licensing
under Title 58, Occupations and Professions;
(e) registries of nurse aids described in
42 CFR
483.156;
(f) the Department of Public Safety arrest,
conviction, and disposition records described in Title 53, Chapter 10, Criminal
Investigations and Technical Services Act, including information in state,
regional, and national records files;
(g) the Division of Aging and Adult Services
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210;
(h) the Division of Child
and Family Services' Licensing Information System described in Section
80-2-1002; and
(i) the List of Excluded Individuals and
Entities (LEIE) database maintained by the United States Department of Health
and Human Services' Office of Inspector General.
(3) If the OBP determines an individual is
not eligible for direct patient access, based upon the criminal background
check, and the individual disagrees with the information provided by the
Criminal Investigations and Technical Services Division or court record, the
individual may challenge the information as provided by Section
53-10-108.
(4) If the OBP determines an individual is
not eligible for direct patient access based upon the non-criminal background
check and the individual disagrees with the information provided, the
individual may challenge the information through the appropriate
agency.
Notes
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