1. (1) For a finding of certification for direct patient access, the OBP shall include:

   1. (a) a fingerprint-based criminal history background check in the databases described in Section 26B-2-240; and
   2. (b) the inclusion of the individual's fingerprints in the rap back system.

2. (2) As required in Section 26B-2-240, the OBP may review relevant information obtained from:

   1. (a) child abuse or neglect findings described in Section 80-3-404;
   2. (b) federal criminal background databases available to the state;
   3. (c) juvenile court arrest, adjudication, and disposition records, as allowed under Section 78A-6-209;
   4. (d) licensing and certification records of an individual licensed or certified by the Division of Professional Licensing under Title 58, Occupations and Professions;
   5. (e) registries of nurse aides described in 42 CFR 483.156 (2025);
   6. (f) 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;
   7. (g) the Division of Aging and Adult Services vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210;

   8. (h) the Division of Child and Family Services Licensing Information System described in Section 80-2-1002; and

      1. (i) the List of Excluded Individuals and Entities (LEIE) database maintained by the US Department of Health and Human Services' Office of Inspector General.
3. (3) If the OBP determines an individual is not eligible for direct patient access, based on the criminal background check, and that 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.
4. (4) If the OBP determines an individual is not eligible for direct patient access, based on the non-criminal background check, and the individual disagrees with the information provided, the individual may challenge the information through the appropriate agency.

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