1. (1) The OBP shall review convictions or pending charges as described in Subsections (1)(a) through (1)(c).

   1. (a) Pursuant to Section 26B-2-240, any individual or covered individual who has been convicted, has pleaded no contest, or is subject to a plea in abeyance or diversion agreement, within the past 10 years, for any felony or class A misdemeanor offense listed in this subsection may not have direct patient access. An offense that prevents an individual or covered individual from having direct patient access is any felony or class A misdemeanor under:

      1. (i) Section 26B-2-707, which describes criminal penalties for operating a facility or program in violation of statute;
      2. (ii) Section 26B-6-205, which describes abuse, neglect, and exploitation of a vulnerable adult;
      3. (iii) Sections 76-3-203.9 through 76-3-203.10, which describe violent offenses committed in the presence of a child;
      4. (iv) Title 76, Chapter 4, Inchoate Offenses;
      5. (v) Title 76, Chapter 5, Offenses Against the Individual;
      6. (vi) Title 76, Chapter 5b, Sexual Exploitation Act;
      7. (vii) Title 76, Chapter 5c, Pornographic and Harmful Materials and Performances;
      8. (viii) Title 76, Chapter 5d, Prostitution;
      9. (ix) Subsection 76-6-106(2)(a), which describes criminal mischief that endangers human health or safety;
      10. (x) Sections 76-12-306 through 76-12-308, which describe offenses involving voyeurism;
      11. (xi) Sections 76-13-103 through 76-13-104, 76-13-211, and 76-13-213, which describe offenses involving cruelty to animals;
      12. (xii) Section 77-36-2.4, which describes violation of a protective order; or
      13. (xiii) Title 78B, Chapter 7, Protective Order and Civil Stalking Injunctions.

   2. (b) Except as listed in Subsection (1)(a), the OBP may consider granting certification for direct patient access if an individual or covered individual has been convicted, has pleaded no contest, or is subject to a plea in abeyance or diversion agreement for:

      1. (i) any felony or class A misdemeanor;
      2. (ii) any class B misdemeanor under Subsection 76-6-106(2)(a);

      3. (iii) any class B or C misdemeanor under:

         1. (A) Section 26B-2-707, which describes criminal penalties for operating a facility or program in violation of statute;
         2. (B) Section 26B-6-205, which describes abuse, neglect, and exploitation of a vulnerable adult;
         3. (C) Sections 76-3-203.9 through 76-3-203.10, which describes violent offenses committed in the presence of a child;
         4. (D) Title 76, Chapter 4, Inchoate Offenses;
         5. (E) Title 76 Chapter 5, Offenses Against the Individual;
         6. (F) Title 76, Chapter 5b, Sexual Exploitation Act;
         7. (G) Title 76, Chapter 5c, Pornographic and Harmful Materials and Performances;
         8. (H) Title 75, Chapter 5d, Prostitution;
         9. (I) Sections 76-12-306 through 76-12-308, which describe offenses involving voyeurism;
         10. (J) Sections 76-13-103 through 76-13-104, 76-13-202 through 76-13-211, and 76-13-213, which describe offenses involving cruelty to animals;
         11. (K) Section 77-36-2.4, which describes violation of a protective order; or
         12. (L) Title 78B, Chapter 7, Protective Order and Civil Stalking Injunctions.

   3. (c) The OBP may deny direct patient access for any individual or covered individual who has a warrant for arrest or an arrest for any of the identified offenses in Subsection (1)(a) or (1)(b) based on:

      1. (i) the type of offense;
      2. (ii) the severity of offense; and
      3. (iii) potential risk to any patient or resident.

2. (2) The OBP shall review juvenile records as described in Subsections (2)(a) through (2)(c).

   1. (a) As authorized by Subsection 26B-2-240(3)(b), the OBP shall review juvenile court records if an individual or covered individual is:

      1. (i) under the age of 28; or
      2. (ii) over the age of 28 and has convictions or pending charges identified in Subsection (1)(a) or (1)(b);
   2. (b) Adjudication by a juvenile court shall exclude the individual from direct patient access if the adjudication refers to an act that, if committed by an adult, would be a felony or a misdemeanor, as identified in Subsection (1)(a); and
   3. (c) Adjudication by a juvenile court may exclude the individual from direct patient access, if the adjudication refers to an act that if committed as an adult, would be a felony or misdemeanor as identified in Subsection (1)(b).

3. (3) To determine whether an individual or covered individual should be granted or keep certification for direct patient access, the OBP may review non-criminal findings from:

   1. (a) the Division of Child and Family Services Licensing Information System described in Section 80-2-1002;
   2. (b) any child abuse or neglect finding described in Section 80-3-404;
   3. (c) the Division of Aging and Adult Services vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210;
   4. (d) registries of nurse aides described in 42 CFR 483.156;
   5. (e) licensing and certification records of individuals licensed or certified by the Division of Professional Licensing under Title 58, Occupations and Professions; or
   6. (f) the LEIE database maintained by the US Department of Health and Human Services' Office of Inspector General.

4. (4) To determine under what circumstance, if any, the covered individual may be granted or keep certification for direct patient access, the OBP may review relevant background information from sources listed in this section and may consider, regarding any offense or finding listed in this section:

   1. (a) the type and number of offenses or findings;
   2. (b) the passage of time since any offense or finding;
   3. (c) the surrounding circumstances of any offense or finding;
   4. (d) any intervening circumstances regarding any offense or finding; and
   5. (e) any steps taken to correct or improve.
5. (5) The OBP shall rely on relevant information from the sources identified in this section as conclusive evidence and may deny direct patient access based on that information.

6. (6) A denied application may be re-submitted to the OBP:

   1. (a) beginning two years after the date of separation or completion of an administrative hearing, whichever is later; or
   2. (b) upon substantial change to the covered individual's circumstances.

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