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DAR File No. 31489

This filing was published in the 06/15/2008, issue, Vol. 2008, No. 12, of the Utah State Bulletin.

Health, Health Systems Improvement, Licensing

R432-35

Background Screening

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 31489
Filed: 05/27/2008, 02:19
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 26-21-9.5 of the Health Facility Licensure and Inspection Act requires the Utah Department of Health to conduct a Bureau of Criminal Investigation (BCI) screening, and a child or disabled or elderly adult Licensing Information System screening on each person who provides direct care to a patient in licensed assisted living facilities, nursing care facilities, home health agencies, hospice agencies, small health care facilities, and End Stage Renal Disease facilities. Section 26-21-6 authorizes the Utah Department of Health to make rules as necessary to carry out the provisions of Title 26, Chapter 21. This rule implements the background screening requirements of Section 26-21-9.5.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule must be continued to allow the Utah Department of Health to meet the statutory requirements of Section 26-21-9.5. It is necessary to help protect those served in health care facilities from abuse.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Systems Improvement, Licensing
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Angela Anderson or Allan Elkins at the above address, by phone at 801-538-6450 or 801-538-6595, by FAX at 801-538-6163 or 801-538-6163, or by Internet E-mail at angelaanderson@utah.gov or aelkins@utah.gov

Authorized by:

David N. Sundwall, Executive Director

ADDITIONAL INFORMATION

For questions regarding the content or application of this rule, please contact Angela Anderson or Allan Elkins at the above address, by phone at 801-538-6450 or 801-538-6595, by FAX at 801-538-6163 or 801-538-6163, or by Internet E-mail at angelaanderson@utah.gov or aelkins@utah.gov For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).

Last modified:  06/12/2008 2:17 PM