R426-5-3200. Background Screening Clearance for EMS Licensure

  (1) The Department shall conduct a background screening on each individual who seeks licensure or renewal as an EMR, EMT, AEMT, EMT-IA, Paramedic, or EMD. The Department shall approve EMS licensure upon successful completion of a background screening. Background clearance indicates the individual does not pose an unacceptable risk to public health and safety.

  (2) The individual seeking licensure or renewal shall submit the completed applications, including fees, prior to submission of finger prints.

  (3) The Department may review relevant information obtained from the following sources:

  (a) 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;

  (b) juvenile court arrest, adjudication, and disposition records, as allowed under Section 78A-6- 209;

  (c) federal criminal background databases available to the state;

  (d) the Department of Human Services' Division of Child and Family Services Licensing Information System described in Section 62A-4a-1006;

  (e) child abuse or neglect findings described in Section 78A-6-323;

  (f) the Department of Human Services' Division of Aging and Adult Services vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1; and

  (g) licensing and certification records of individuals licensed or certified by the Division of Occupational and Professional Licensing under Title 58, Occupations and Professions.

  (4) If the Department determines an individual is not eligible for licensure based upon the criminal background screening 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 in Utah Code Annotated Sections 77-18a.

  (5) If the Department determines an individual is not eligible for licensure based upon the non-criminal background screening and the individual disagrees with the information provided, the individual may challenge the information through the appropriate agency.

  (6) Exclusion from licensure.

  (a) Criminal Convictions or Pending Charges:

  (i) If an individual has been convicted, has pleaded no contest, is subject to a plea in abeyance, or a diversion agreement, for the following offenses within the past 15 years, they shall not be approved for licensure:

  (A) any felony or class A under Title 76, Chapter 5 Offenses Against the Person, Utah Criminal Code;

  (B) any felony or class A under Title 76, Chapter 9, Offenses Against Public Order and Decency, Utah Criminal Code excluding sections 103 and 108;

  (C) any felony or class A or B under the following Utah Criminal Codes:

  (I) 76-9-301.8, Bestiality;

  (II) 76-9-702.1, Sexual Battery; and

  (III) 76-9-702.5, Lewdness Involving Child.

  (ii) If an individual has been convicted or has pleaded no contest for the following offenses, 15 years have passed since the last conviction and the offense cannot be expunged they shall be considered for licensure:

  (A) any felony or class A under Title 76, Chapter 5 Offenses Against the Person, Utah Criminal Code;

  (B) any felony or class A under Title 76, Chapter 9, Offenses Against Public Order and Decency, Utah Criminal Code excluding sections 103 and 108;

  (C) any felony or class A or B under the following Utah Criminal Codes:

  (I) 76-9-301.8, Bestiality;

  (II) 76-9-702.1, Sexual Battery; and

  (III) 76-9-702.5, Lewdness Involving Child.

  (iii) If an individual has been convicted, has pleaded no contest, is subject to a plea in abeyance, or a diversion agreement, for the following offenses, they shall be considered for licensure:

  (A) any felony or class A under Utah Criminal Code not listed in R426-5-3200(6)(a)(i).

  (B) any class B or C under Title 76, Chapter 5 Offenses Against the Person, Utah Criminal Code;

  (C) any felony, class A under Title 76, Chapter 6, Offenses Against Property, Utah Criminal Code;

  (D) any felony or class A under Title 76, Chapter 6a, Pyramid Schemes, Utah Criminal Code;

  (E) any felony or class A under Title 76, Chapter 8, Offenses Against the Administration of Government, Utah Criminal Code;

  (F) any felony, class A under Title 76, Chapter 10, Offenses Against Public Health, Welfare, Safety and Morals, Utah Criminal Code;

  (G) any felony, class A, B or C under the following Utah Criminal Codes:

  (I) 76-10-1201 to 1229.5, Pornographic and Harmful Materials and Performances; and

  (II) 76-10-1301 to 1314, Prostitution;

  (III) any felony or class A under Utah Criminal Code 76-10-2301, Contributing to the Delinquency of a Minor;

  (H) any felony or class A or B under Utah Motor Vehicles Traffic Code 41-6a-502, 502.5, and 517.

  (I) any felony or class A or B under Utah Occupations and Professions Utah Controlled Substances Act 58-37.

  (J) any felony or class A or B under Alcoholic Beverage Control Act 32B-4-409.

  (K) any criminal conviction or pattern of convictions that may represent an unacceptable risk to public health and safety.

  (iv) An individual seeking licensure who has been convicted or has pleaded no contest, is subject to a plea in abeyance, a diversion agreement, a warrant for arrest, arrested or charged for any of the identified offenses in R426-5-3200(6)(a)(iii), shall be considered for licensure.

  (v) A licensed EMS individual who is subject to a warrant of arrest, arrested or charged for any of the identified offenses in R426-5-3200(6)(a)(iii), and after an investigation and Peer Review Board process as established in R426-5-3400, the Department may issue license, or suspend or revoke a license, or place a license on probation.

  (vi) A licensed EMS individual who is subject to a warrant of arrest, arrested or charged for any of the identified offenses in R426-5-3200(6)(a)(i), shall immediately have the individuals EMS license placed on restriction pending the outcome of a Department investigation as per the process established in R426-5-3300.

  (b) Juvenile Records.

  (i) As required by Utah Code Subsection 26-8a-310(5)(b), juvenile court records shall be reviewed if an individual is:

  (A) under the age of 28; or

  (B) over the age of 28 and has convictions or pending charges identified in R426-5-3200(6)(a).

  (ii) Adjudications by a juvenile court may exclude the individual from licensure if the adjudications refer to an act that, if committed by an adult, would be a felony or a misdemeanor any of the identified offenses in R426-5-3200(6)(a).

  (c) Non-Criminal Records.

  (i) The Department may deny licensure based on a supported finding from:

  (A) the Department of Human Services' Division of Child and Family Services Licensing Information System described in Section 62A-4a-1006;

  (B) child abuse or neglect findings described in Section 78A-6-323;

  (C) the Department of Human Services' Division of Aging and Adult Services vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;

  (ii) The Department may deny licensure based on a finding from licensing records of individuals licensed by the Division of Occupational and Professional Licensing under Title 58, Occupations and Professions.

  (d) Review of Relevant Information.

  (i) Results of background screening review, as listed above in R426-5-3200(6)(a)(ii)-(iii), (b) or (c) may be reviewed to determine under what circumstance, if any, the individual may be granted licensure. The following factors may be considered:

  (A) types and number;

  (B) passage of time;

  (C) surrounding circumstances;

  (D) intervening circumstances; and

  (E) steps taken to correct or improve.

  (ii) The Department shall rely on relevant information identified in R426-5-3200(2) as conclusive evidence and may deny licensure based on that information.

  (e) Appeal of Department licensure decision.

  (i) A licensed EMS individual may appeal a Department licensure decision as listed in R426-5-3200(6)(d)(i)to the Department as per the process established in R426-5-3400.

  (7) A licensed EMS individual who has been arrested, charged, or convicted shall notify the Department and all employers or affiliated entities who utilize the EMS individual's license within 7 business days. The licensed EMS individual shall also notify the Department of all entities they work for or are affiliated with.

  (8) All licensed or designated EMS providers who are notified or become aware of a licensed EMS individual arrest, charge or conviction shall notify the Department within 7 business days.