1. (1) A covered contractor may enter required information into DACS to initiate and obtain certification for direct patient access of each covered individual before providing the individual by contract to a covered provider.

2. (2) The covered contractor shall ensure that any covered individual who is provided by contract to a covered provider:

   1. (a) signs a criminal background check authorization form that is available for review by the OBP; and
   2. (b) submits fingerprints within 15 working days of placement with a covered provider.
3. (3) The covered contractor shall ensure DACS reflects the current status of the covered individual within five working days of placement or termination.
4. (4) The covered contractor may provisionally provide a covered individual to a covered provider while certification for direct patient access is pending, as permitted in Section 26B-2-239.
5. (5) If the OBP determines an individual is not eligible for direct patient access, based on information obtained through DACS and the sources listed in Section R432-35-8, the OBP shall send a notice of agency action, as outlined in Section R497-100-5, to the covered contractor and the individual.
6. (6) If the OBP determines an individual is not eligible to have direct patient access, a covered contractor may not provide that covered individual to a covered provider.
7. (7) The OBP may allow a covered individual direct patient access with conditions, during an appeal process, if the covered individual can demonstrate to the OBP that the work arrangement does not pose a threat to the safety and health of any patient or resident.

KEY: health care facilities, background screening, background check

Date of Last Change: January 20, 2026

Notice of Continuation: January 23, 2023

Authorizing, and Implemented or Interpreted Law: 26B-2-202