Section R911-5-1300 - [Effective until 4/3/2025] Background Screening and Clearance for Licensure(1) The bureau shall conduct a background screening on an individual seeking licensure or renewal.(2) Background clearance for licensure eligibility shall indicate the individual does not pose an unacceptable risk to public health and safety.(3) The individual seeking a license, renewal, permit, or endorsement under this rule shall submit any completed applications and fees to the bureau, before submitting fingerprints to the bureau.(4) If the bureau determines an individual is not eligible for licensure based upon the criminal background screening the individual may:(a) request a hearing before the board; and(b) obtain and submit a criminal history obtained from the Bureau of Criminal Identification to the board. (i) If the criminal event did not occur in the state the individual may submit a criminal history called an identity history summary obtained from the FBI to the board.(ii) Any dispute about information contained in the criminal history may be challenged to the appropriate agency. Neither the board nor the bureau can correct or ignore an entry on a criminal history.(iii) The individual may obtain and submit any court dockets to the board.(5) If the bureau determines an individual is not eligible for licensure based upon the noncriminal background screening and the individual disagrees with the information provided, the individual may challenge the information through the appropriate agenc y.(6) The bureau may deny an application for license, renewal, permit, or endorsement if the individual has been convicted, is subject to a plea in abeyance or a diversion agreement, is or has been on probation or parole, or is the subject of a warrant of arrest, for any of the following:(a) a felony or crime for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this or another state;(b) an act of personal violence or force on any person or convicted of threatening to commit an act of personal violence or force against another person;(c) an act constituting dishonesty or fraud;(d) an act involving moral turpitude;(e) an act involving illegally using, carrying, possessing a dangerous weapon;(f) an act involving the use, possession, or distribution of controlled substances; or(g) an offense which requires the individual to register as a sex or kidnap offender under Title 77 Chapter 41.(7) The bureau may deny an application for license, renewal, permit, or endorsement for any conviction, admission of guilt, plea in abeyance, withheld judgment, diversion or similar procedural posture to any violations of statutes or ordinances previously in effect in this state or in effect in any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of Subsection R911-5-1300(6).(8) The bureau may consider the facts of the convicted offense, any other criminal activity, the continued risk to patients, and the relative need of the community and ability to supervise the licensee when determining eligibility for licensure.(9) The bureau may deny licensure if an adjudication by a juvenile court refers to an act that, if committed by an adult, would be a felony or a misdemeanor of the identified offenses in Subsection 53-2d-410(5)(b).(10) The bureau may deny licensure based on a supported finding from: (a) the Department of Health and Human Services' Division of Child and Family Services Licensing Information System described in Section 80-2-1001;(b) child abuse or neglect findings described in Section 78A-6-3a; or(c) the Department of Health and Human Services' Division of Aging and Adult Services vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210.(11) The bureau may deny licensure based on a finding from licensing records of individuals licensed by the Division of Professional Licensing under Title 58, Occupations and Professions.(12) The bureau shall rely on relevant information identified in Subsection R911-5-1300(1) as conclusive evidence and may deny licensure based on that information.(13) A licensee who has been arrested, charged, or convicted for a violation described in Subsection R911-5-1300(6) or (7) shall notify the bureau and each employer or affiliated entity who utilizes the EMS personnel's license immediately.(14) A licensed or designated EMS provider who is notified or becomes aware of a licensed EMS personnel's arrest, charge, or conviction shall notify the bureau immediately.(15) Background screening referrals may be submitted to the bureau for review and investigation.(16) The bureau may require the licensee to provide proper or additional criminal background documentation.Utah Admin. Code R911-5-1300
Adopted by Utah State Bulletin Number 2024-14, effective 7/1/2024Adopted by Utah State Bulletin Number 2025-01, effective 12/4/2024, exp. 4/3/2025 (Emergency)