Find & Ask › Utah › this rule

Utah Admin. Code R432-35 - Background Screening -- Health Facilities

UtahregulationUtah Department of Health and Human Services (DHHS), Office of Licensing / Office of Background Processing (OBP)

What this rule requires your agency to do

  • 1The provider (and OBP) must protect patient/resident health and safety when credible evidence shows a covered individual has been arrested or charged with a disqualifying felony or misdemeanor, and may permit conditional direct patient access only while charges are pending if no threat is demonstrated. (R432-35-9(1)-(2))(Utah Admin. Code R432-35 - Background Screening -- Health Facilities)
  • 2The provider must exclude from direct patient access any covered individual who, within the past 10 years, was convicted of, pleaded no contest to, or entered a plea in abeyance for a disqualifying felony or Class A misdemeanor listed in the rule (e.g., sexual offenses, weapons offenses, drug trafficking, protective-order violations). (R432-35-8)(Utah Admin. Code R432-35 - Background Screening -- Health Facilities)
  • 3The provider must update and maintain each covered individual's current DACS status within five working days of the individual's engagement or termination. (R432-35-3(3))(Utah Admin. Code R432-35 - Background Screening -- Health Facilities)
  • 4The provider must enter the required information into the Direct Access Clearance System (DACS) to initiate a direct patient access certification before a license is issued or before a covered individual is engaged. (R432-35-3(1))(Utah Admin. Code R432-35 - Background Screening -- Health Facilities)
  • 5The provider must ensure each covered individual signs a criminal background check authorization form (available for OBP review) and submits fingerprints within 15 working days of engagement. (R432-35-3(2))(Utah Admin. Code R432-35 - Background Screening -- Health Facilities)
  • 6The provider must not place a covered individual determined ineligible by the OBP in any position involving direct patient access. (R432-35-3(6))(Utah Admin. Code R432-35 - Background Screening -- Health Facilities)
  • 7The provider must, at license renewal, verify through DACS each covered individual's current address, email, employment status, and name. (R432-35-3(9))(Utah Admin. Code R432-35 - Background Screening -- Health Facilities)

Applies to: home care / home health / personal care agencies licensed as health care facilities under Utah Admin. Code R432

Utah Admin. Code R432-35 requires licensed health care facilities (including home health and personal care agencies) to obtain a Direct Access Clearance System (DACS) certification for every covered individual before they may have direct patient access. Covered providers must collect a signed background-check authorization, submit fingerprints, keep DACS status current, and exclude individuals who are ineligible based on criminal convictions and other disqualifying records within a 10-year lookback.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.