Utah Admin. Code R432-35-8 - Exclusion from Direct Patient Access

(1) The OBP 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:

(A) Section 26B-2-113;

(B) Section 26B-6-205;

(C) Sections 76-3-203.9 through 76-3-203.10;

(D) Title 76, Chapter 4, Enticement of a Minor;

(E) Title 76, Chapter 5, Offenses Against the Person;

(F) Title 76, Chapter 5b, Sexual Exploitation Act;

(G) Subsection 76-6-106(2)(b)(i)(A) Criminal Mischief - Human Life;

(H) Sections 76-9-301 through 76-9-301.8, and 306 through 307;

(I) Sections 76-9-702 through 76-9-702.1;

(J) Sections 76-9-702.5 and 76-9-702.7;

(K) Sections 76-10-1201 through 76-10-1228;

(L) Sections 76-10-1301 through 76-10-1314;

(M) Section 77-36-2.4; or

(N) Title 78B, Chapter 7, Protective Order and Civil Stalking Injunctions;

(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 OBP may consider granting certification for direct patient access:

(i) any felony or class A misdemeanor;

(ii) any felony, class A, or class 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:

(A) Section 26B-2-113;

(B) Section 26B-6-205;

(C) Sections 76-3-203.9 through 76-3-203.10;

(D) Title 76, Chapter 4, Enticement of a Minor;

(E) Title 76 Chapter 5, Offenses Against the Person;

(F) Title 76, Chapter 5b, Sexual Exploitation Act;

(G) Sections 76-9-301 through 76-9-301.8, and 76-9-306 through 76-9-307;

(H) Sections 76-9-702 through 76-9-702.1;

(I) Sections 76-9-702.5 and 76-9-702.7;

(J) Sections 76-10-1201 through 76-10-1228;

(K) Sections 76-10-1301 through 76-10-1314;

(L) Section 77-36-2.4; and

(M) Title 78B, Chapter 7, Protective Order and Civil Stalking Injunctions;

(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 OBP shall review juvenile records as follows:

(a) as required by Subsection 26B-2-240(4)(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)(c) or (f);

(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 OBP may review non-criminal findings from the following sources to determine whether an individual or covered individual should be granted or keep 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, (2024);

(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 OBP 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 keep 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 OBP 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 OBP no sooner than two years from the date of separation or upon substantial change to the covered individual's circumstances.

Notes

Utah Admin. Code R432-35-8

Amended by Utah State Bulletin Number 2015-4, effective 1/27/2015 Amended by Utah State Bulletin Number 2018-18, effective 10/1/2018 Amended by Utah State Bulletin Number 2020-04, effective 3/1/2020 Amended by Utah State Bulletin Number 2020-05, effective 3/1/2020 Amended by Utah State Bulletin Number 2023-17, effective 8/22/2023 Amended by Utah State Bulletin Number 2025-05, effective 2/18/2025