R432-35-8. Exclusion from Direct Patient Access

  (1) Convictions or Pending Charges

  (a) As required by Utah Code Subsection 26-21-204, 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, they may not have direct patient access:

  (i) any felony or class A conviction under Utah Code.

  (ii) any felony, class A or B conviction under Utah Criminal Code 76-6-106(2)(b)(i)(A) Criminal Mischief - Human Life;

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

  (A) 76-4 Enticement of a Minor;

  (B) 76-5 Offenses Against the Person;

  (C) 76-9-301.8, Bestiality;

  (D) 76-9-702 to 702.5 Lewdness - Sexual Battery - Public urination - Lewdness Involving Child - Voyeurism offenses;

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

  (F) 76-10-1301 to 1314, Prostitution; and

  (G) 62A-3-305 failure to report suspected abuse, neglect, or exploitation of a vulnerable adult.

  (b) As required by Utah Code Subsection 26-21-204, if an individual or covered individual has a warrant for arrest or an arrest for any of the identified offenses in R432-35-8(1)(a), the department may deny clearance based on:

  (i) the type of offense;

  (ii) the severity of offense; and

  (iii) potential risk to patients or residents.

  (2) Juvenile Records

  (a) As required by Utah Code Subsection 26-21-204(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 R432-35-8(1)(a).

  (b) Adjudications by a juvenile court may exclude the individual from direct patient access if the adjudications refer to an act that, if committed by an adult, would be a felony or a misdemeanor.

  (3) Non-Criminal Records

  (a) As required by Utah Code Subsection 26-21-204(3), the Department may review findings from the following sources to determine whether an individual or covered individual should be granted or retain direct patient access:

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

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

  (iii) 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;

  (iv) registries of nurse aids described in Title 42 Code of Federal Regulations Section 483.156;

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

  (vi) the List of Excluded Individuals and Entities database maintained by the United States Department of Health and Human Services' Office of Inspector General.

  (4) Review of Relevant Information

  (a) Results of background screening review, as listed above in R432-35-8(1), (2), and (3), may be reviewed to determine under what circumstance, if any, the covered individual may be granted or retain direct patient access. The following factors may be considered:

  (i) types and number;

  (ii) passage of time;

  (iii) surrounding circumstances;

  (vi) intervening circumstances; and

  (v) steps taken to correct or improve.

  (b) The department shall rely on relevant information identified in R432-35-8(1), (2), and (3) as conclusive evidence and may deny clearance based on that information.