R156-1-302. Consideration of Good Moral Character, Unlawful Conduct, Unprofessional Conduct, or Other Mental or Physical Condition

  (1) This section applies in circumstances where an applicant or licensee:

  (a) is not automatically disqualified from licensure pursuant to a statutory provision; and

  (b)(i) has history that reflects negatively on the person's moral character, including past unlawful or unprofessional conduct; or

  (ii) has a mental or physical condition that, when considered with the duties and responsibilities of the license held or to be held, demonstrates a threat or potential threat to the public health, safety or welfare.

  (2) In a circumstance described in Section (1), the following factors are relevant to a licensing decision:

  (a) aggravating circumstances, as defined in Subsection R156-1-102(2);

  (b) mitigating circumstances, as defined in Subsection R156-1-102(17);

  (c) the degree of risk to the public health, safety or welfare;

  (d) the degree of risk that a conduct will be repeated;

  (e) the degree of risk that a condition will continue;

  (f) the magnitude of the conduct or condition as it relates to the harm or potential harm;

  (g) the length of time since the last conduct or condition has occurred;

  (h) the current criminal probationary or parole status of the applicant or licensee;

  (i) the current administrative status of the applicant or licensee;

  (j) results of previously submitted applications, for any regulated profession or occupation;

  (k) results from any action, taken by any professional licensing agency, criminal or administrative agency, employer, practice monitoring group, entity or association;

  (l) evidence presented indicating that restricting or monitoring an individual's practice, conditions or conduct can protect the public health, safety or welfare;

  (m) psychological evaluations; or

  (n) any other information the Division or the board reasonably believes may assist in evaluating the degree of threat or potential threat to the public health, safety or welfare.