Section R911-5-3200 - 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, 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, before submission of fingerprints.(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 Health and Human Services' Division of Child and Family Services Licensing Information System described in Section 80-2-1001;(e) child abuse or neglect findings described in Section 78A-6-3a;(f) 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; and(g) licensing and certification records of individuals licensed or certified by the Division of 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 Title 77, Chapter 18a, The Appeal.(5) If the department 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 agency.(6) 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 may not be approved for licensure: (a) any felony or Class A misdemeanor under Title 76, Chapter 5, Offenses Against the Individual;(b) any felony or Class A misdemeanor under Title 76, Chapter 9, Offenses Against Public Order and Decency, excluding Sections 76-9-103 and 76-9-108;(c) any felony or Class A or B misdemeanor under the following: (i) Section 76-9-301.8, Bestiality;(ii) Section 76-9-702.1, Sexual battery; or(iii) Section 76-9-702.5, Lewdness involving a child.(7) 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 misdemeanor under Title 76, Chapter 5, Offenses Against the Individual;(b) any felony or Class A misdemeanor under Title 76, Chapter 9, Offenses Against Public Order and Decency, excluding Sections 76-9-103 and 76-9-108; or(c) any felony or Class A or B misdemeanor under the following:(i) Section 76-9-301.8, Bestiality;(ii) Section 76-9-702.1, Sexual battery; or(iii) Section 76-9-702.5, Lewdness involving a child.(8) 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 misdemeanor not listed in Subsections (6)(a) through (6)(c).(b) any class B or C misdemeanor under Title 76, Chapter 5, Offenses Against the Individual;(c) any felony, Class A misdemeanor under Title 76, Chapter 6, Offenses Against Property;(d) any felony or Class A misdemeanor under Title 76, Chapter 6a, Pyramid Scheme Act;(e) any felony or Class A misdemeanor under Title 76, Chapter 8, Offenses Against the Administration of Government;(f) any felony, Class A misdemeanor under Title 76, Chapter 10, Offenses Against Public Health, Safety, Welfare and Morals;(g) any felony, Class A, B, or C misdemeanor under the following: (i) Sections 76-10-1201 through 79-10-1229.5, Pornographic and Harmful Materials and Performances; and(ii) Sections 76-10-1301 through 76-10-1314, Prostitution;(iii) any felony or Class A misdemeanor under Section 76-10-2301, Contributing to the Delinquency of a Minor;(h) any felony or Class A or B misdemeanor under Utah Motor Vehicles Traffic Code Sections 41-6a-502, 41-6a-502.5, and 41-6a-517.(i) any felony or Class A or B misdemeanor under Title 58, Chapter 37, Utah Controlled Substances Act.(j) any felony or Class A or B misdemeanor under Section 32B-4-409.(k) any criminal conviction or pattern of convictions that may represent an unacceptable risk to public health and safety.(9) 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 Subsection R911-5-3200(8), shall be considered for licensure.(10) A licensed EMS personnel who is subject to a warrant of arrest, arrested or charged for any of the identified offenses in Subsection R911-5-3200(8), and after an investigation and peer review board process as established in Section R911-5-3400, the department may issue license, suspend or revoke a license, or place a license on probation.(11) A licensed EMS personnel who is subject to a warrant of arrest, arrested, or charged for any of the identified offenses in Subsection R911-5-3200(6) shall immediately have the individual's EMS license placed on restriction pending the outcome of a department investigation as per the process established in Section R911-5-3300.(12) As required by Subsection 53-2d-410(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 Subsection R911-5-3200(6).(13) 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 of the identified offenses in Subsection R911-5-3200(6).(14) The department 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;(15) The department 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.(16) Results of background screening review, as listed in Subsection R911-5-3200(7), (8), (12), or (14), may be reviewed to determine under what circumstance, if any, the individual may be granted licensure. The following factors may be considered: (c) surrounding circumstances;(d) intervening circumstances; and(e) steps taken to correct or improve.(17) The department shall rely on relevant information identified in Subsection R911-5-3200(2) as conclusive evidence and may deny licensure based on that information.(18) A licensed EMS personnel may appeal a department licensure decision as listed in Subsection R911-5-3200(16) to the department per the process established in Section R911-5-3400.(19) A licensed EMS personnel who has been arrested, charged, or convicted shall notify the department and each employer or affiliated entity who utilizes the EMS personnel's license within seven business days. The licensed EMS personnel shall also notify the department of each entity they work for or are affiliated with.(20) 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 department within seven business days.Utah Admin. Code R911-5-3200
Adopted by Utah State Bulletin Number 2024-14, effective 7/1/2024