Utah Admin. Code R911-5-1300 - [Effective until 7/10/2025] Background Screening and Clearance for Licensure
(1) The bureau
shall conduct a background screening on an individual seeking
licensure.
(2) Background clearance
for licensure eligibility shall indicate the individual does not pose an
unacceptable risk to public health and safety.
(3) The individual seeking a license,
renewal, permit, or endorsement under this rule shall submit any completed
applications and fees to the bureau, before submitting fingerprints to the
bureau.
(4) If the bureau
determines an individual is not eligible for licensure based upon the criminal
background screening the individual may:
(a)
request a hearing before the bureau director or the bureau director's designee;
and
(b) obtain and submit a
criminal history obtained from the Bureau of Criminal Identification to the
bureau.
(i) If the criminal event did not
occur in the state the individual may submit a criminal history called an
identity history summary obtained from the FBI to the bureau.
(ii) Any dispute about information contained
in the criminal history may be challenged to the appropriate agency. The bureau
may not correct or ignore an entry on a criminal history.
(iii) The individual may obtain and submit
any court dockets to the bureau.
(c) Any proceeding denying a license, permit,
certification, or endorsement is designated as an informal adjudicative
proceeding under Section
63G-4-202.
(d) Any adjudicative proceeding or hearing
before the bureau shall be in accordance with
63G-4-203.
(5) If the bureau determines an individual is
not eligible for licensure based upon the noncriminal background screening and
the individual disagrees with the information provided, the individual may
challenge the information through the appropriate agency.
(6) The bureau may deny an application for
license, permit, or endorsement if the individual has been convicted, is
subject to a plea in abeyance or a diversion agreement, is or has been on
probation or parole, or has pending charges for any of the following:
(a) a felony or crime for which the applicant
could have been punished by imprisonment in a federal penitentiary or by
imprisonment in the penitentiary of this or another state;
(b) an act of personal violence or force on
any person or convicted of threatening to commit an act of personal violence or
force against another person;
(c)
an act constituting dishonesty or fraud;
(d) an act involving moral
turpitude;
(e) an act involving
illegally using, carrying, possessing a dangerous weapon;
(f) an act involving the use, possession, or
distribution of controlled substances;
(g) an offense which requires the individual
to register as a sex or kidnap offender under Title 77 Chapter 41;
(h) a criminal conviction or pattern of acts
that may represent an unacceptable risk to public health and safety;
(i) a violation of Title 41, Chapter 6a, Part
5, Driving Under the Influence and Reckless Driving; or
(j) a violation of Title 32B, Chapter 4,
Criminal Offenses and Procedure Act.
(7) The bureau may deny an application for
license, renewal, permit, or endorsement for any conviction, admission of
guilt, plea in abeyance, withheld judgment, diversion or similar procedural
posture to any violations of statutes or ordinances previously in effect in
this state or in effect in any other state, the United States, or any district,
possession, or territory of the United States which would constitute a
violation of Subsection
R911-5-1300(6).
(8) The bureau may consider the facts of the
convicted offense, any other criminal activity, the continued risk to patients,
and the relative need of the community and ability to supervise the licensee
when determining eligibility for licensure.
(9) The bureau may deny licensure if an
adjudication by a juvenile court refers to an act that, if committed by an
adult, would be a felony or a misdemeanor of the identified offenses in
Subsection
53-2d-410(5)(b).
(10) The bureau may deny licensure based on a
supported finding from:
(a) the Department of
Health and Human Services' Division of Child and Family Services Licensing
Information System described in Section
80-2-1001;
(b) child abuse or neglect findings described
in Section 78A-6-3a; or
(c) the
Department of Health and Human Services' Division of Aging and Adult Services
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210.
(11) The bureau may deny licensure based on a
finding from licensing records of individuals licensed by the Division of
Professional Licensing under Title 58, Occupations and Professions.
(12) The bureau shall rely on relevant
information identified in Subsection
R911-5-1300(1)
as conclusive evidence and may deny licensure based on that
information.
(13) A licensee who
has been arrested, charged, or convicted for a violation described in
Subsection R911-5-1300(6) or
(7) shall notify the bureau and each employer
or affiliated entity who utilizes the EMS personnel's license
immediately.
(14) A licensed or
designated EMS provider who is notified or becomes aware of a licensed EMS
personnel's arrest, charge, or conviction shall notify the bureau
immediately.
(15) Background
screening referrals may be submitted to the bureau for review and
investigation.
(16) The bureau may
require the licensee to provide proper or additional criminal background
documentation.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The bureau shall conduct a background screening on an individual seeking licensure or renewal.
(2) Background clearance for licensure eligibility shall indicate the individual does not pose an unacceptable risk to public health and safety.
(3) The individual seeking a license, renewal, permit, or endorsement under this rule shall submit any completed applications and fees to the bureau, before submitting fingerprints to the bureau.
(4) If the bureau determines an individual is not eligible for licensure based upon the criminal background screening the individual may:
(a) request a hearing before the board; and
(b) obtain and submit a criminal history obtained from the Bureau of Criminal Identification to the board.
(i) If the criminal event did not occur in the state the individual may submit a criminal history called an identity history summary obtained from the FBI to the board.
(ii) Any dispute about information contained in the criminal history may be challenged to the appropriate agency. Neither the board nor the bureau can correct or ignore an entry on a criminal history.
(iii) The individual may obtain and submit any court dockets to the board.
(5) If the bureau determines an individual is not eligible for licensure based upon the noncriminal background screening and the individual disagrees with the information provided, the individual may challenge the information through the appropriate agenc y.
(6) The bureau may deny an application for license, renewal, permit, or endorsement if the individual has been convicted, is subject to a plea in abeyance or a diversion agreement, is or has been on probation or parole, or is the subject of a warrant of arrest, for any of the following:
(a) a felony or crime for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this or another state;
(b) an act of personal violence or force on any person or convicted of threatening to commit an act of personal violence or force against another person;
(c) an act constituting dishonesty or fraud;
(d) an act involving moral turpitude;
(e) an act involving illegally using, carrying, possessing a dangerous weapon;
(f) an act involving the use, possession, or distribution of controlled substances; or
(g) an offense which requires the individual to register as a sex or kidnap offender under Title 77 Chapter 41.
(7) The bureau may deny an application for license, renewal, permit, or endorsement for any conviction, admission of guilt, plea in abeyance, withheld judgment, diversion or similar procedural posture to any violations of statutes or ordinances previously in effect in this state or in effect in any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of Subsection R911-5-1300(6).
(8) The bureau may consider the facts of the convicted offense, any other criminal activity, the continued risk to patients, and the relative need of the community and ability to supervise the licensee when determining eligibility for licensure.
(9) The bureau may deny licensure if an adjudication by a juvenile court refers to an act that, if committed by an adult, would be a felony or a misdemeanor of the identified offenses in Subsection 53-2d-410(5)(b).
(10) The bureau may deny licensure based on a supported finding from:
(a) the Department of Health and Human Services' Division of Child and Family Services Licensing Information System described in Section 80-2-1001;
(b) child abuse or neglect findings described in Section 78A-6-3a; or
(c) the Department of Health and Human Services' Division of Aging and Adult Services vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210.
(11) The bureau may deny licensure based on a finding from licensing records of individuals licensed by the Division of Professional Licensing under Title 58, Occupations and Professions.
(12) The bureau shall rely on relevant information identified in Subsection R911-5-1300(1) as conclusive evidence and may deny licensure based on that information.
(13) A licensee who has been arrested, charged, or convicted for a violation described in Subsection R911-5-1300(6) or (7) shall notify the bureau and each employer or affiliated entity who utilizes the EMS personnel's license immediately.
(14) A licensed or designated EMS provider who is notified or becomes aware of a licensed EMS personnel's arrest, charge, or conviction shall notify the bureau immediately.
(15) Background screening referrals may be submitted to the bureau for review and investigation.
(16) The bureau may require the licensee to provide proper or additional criminal background documentation.