providers, covered contractors, and individuals. (1) The definitions in Section 26B-2-238 apply to this section. (2) (a) A covered provider may engage a covered individual only if the individual has certification for direct patient access. (b) A covered contractor may supply a covered individual to a covered employer or covered provider only if the individual has certification for direct patient access. (c) A covered employer may engage a covered individual who does not have certification for direct patient access. (3) (a) Notwithstanding Subsections (2)(a) and (b), if a covered individual does not have certification for direct patient access, a covered provider may engage the individual or a covered contractor may supply the individual to a covered provider or covered employer: (i) under circumstances specified by department rule; and (ii) only while an application for certification for direct patient access for the individual is pending. (b) For purposes of Subsection (3)(a), an application is pending if the following have been submitted to the department for the individual: (i) an application for certification for direct patient access; (ii) the personal identification information specified by the department under Subsection 26B-2-240(4)(b); and (iii) any fees established by the department under Subsection 26B-2-240(9). (4) (a) As provided in Subsection (4)(b), each covered provider and covered contractor operating in this state shall: (i) collect from each covered individual the contractor engages, and each individual the contractor intends to engage as a covered individual, the personal identification information specified by the department under Subsection 26B-2-240(4)(b); and (ii) submit to the department an application for certification for direct patient access for the individual, including: (A) the personal identification information; and (B) any fees established by the department under Subsection 26B-2-240(9). (b) Certification for direct patient access granted for an individual pursuant to an application submitted by a covered provider or a covered contractor is valid for 180 days after the date on which the engaged employment lapses. (i) two years after the individual is no longer engaged as a covered individual; or (ii) the covered provider's or covered contractor's next license renewal date. (5) (a) A covered provider that provides services in a residential setting shall: (i) collect the personal identification information specified by the department under Subsection 26B-2-240(4)(b) for each individual 12 years old or older, other than a resident, who resides in the residential setting; and (ii) submit to the department an application for certification for direct patient access for the individual, including: (A) the personal identification information; and (B) any fees established by the department under Subsection 26B-2-240(9). (b) A covered provider that provides services in a residential setting may allow an individual 12 years old or older, other than a resident, to reside in the residential setting only if the individual has certification for direct patient access. (6) (a) An individual may apply for certification for direct patient access by submitting to the department an application, including: (i) the personal identification information specified by the department under Subsection 26B-2-240(4)(b); and (ii) any fees established by the department under Subsection 26B-2-240(9). (b) Certification for direct patient access granted to an individual who makes application under Subsection (6)(a) is valid for 180 days after the date the engaged employment lapses unless the department determines otherwise based on the department's ongoing review under Subsection 26B-2-240(4)(a).
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