Section R432-35-8 - Sources for Background Review(1) As required in Section 26B-2-240, 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 Division of Child and Family Services' Licensing Information System described in Section 80-2-1002;(e) child abuse or neglect findings described in Section 80-3-404;(f) the Division of Aging and Adult Services vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210;(g) registries of nurse aids described in 42 CFR 483.156;(h) licensing and certification records of individuals licensed or certified by the Division of Professional Licensing under Title 58, Occupations and Professions; and(i) the List of Excluded Individuals and Entities (LEIE) database maintained by the United States Department of Health and Human Services' Office of Inspector General.(2) If the department determines an individual is not eligible for direct patient access, 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 by Section 53-10-108.(3) If the department determines an individual is not eligible for direct patient access 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.Utah Admin. Code R432-35-8
Amended by Utah State Bulletin Number 2015-4, effective 1/27/2015Amended by Utah State Bulletin Number 2018-18, effective 10/1/2018Amended by Utah State Bulletin Number 2020-04, effective 3/1/2020Amended by Utah State Bulletin Number 2020-05, effective 3/1/2020Amended by Utah State Bulletin Number 2023-17, effective 8/22/2023