1. (1) A program shall submit to OBP a human services program background check for each program staff or volunteer, in accordance with Section 26B-2-120 and Rule R501-14, except for:

   1. (a) an individual identified as an invited visitor in accordance with Subsection 26B-2-120(10)(b)(iii); or
   2. (b) a volunteer that does not have direct or unsupervised access to a client.

2. (2) The provider shall designate an individual who is responsible for:

   1. (a) ensuring and documenting how each applicant is directly supervised for the entirety of that applicant's supervised employment term before receiving the eligible determination;
   2. (b) ensuring an application is submitted in DACS within 14 days of each staff becoming associated with the provider;
   3. (c) initiating, monitoring, and maintaining background checks in DACS for each individual with direct access;
   4. (d) maintaining compliance with Rule R501-14;
   5. (e) managing communications with OBP and OL;
   6. (f) monitoring DACS and taking necessary action when eligibility status changes; and

   7. (g) separating any staff in DACS within five days of that staff:

      1. (i) no longer being associated with the provider; or
      2. (ii) having an ineligible determination status from OBP on a background check with no pending appeal.
3. (3) The provider shall ensure each direct care staff, contracted staff, volunteer, and intern has an eligible background check determination before permitting that individual to work unsupervised with a client, except as excluded in Rule R501-14.

KEY: human services, licensing

Date of Last Change: June 22, 2026

Notice of Continuation: February 28, 2025

Authorizing, and Implemented or Interpreted Law: 26B-2-104; 26B-2-124; 26B-2-124.1