(1) Subject to Section 53-2d-410.5, the bureau shall determine whether to grant background clearance for an individual seeking licensure or certification under Section 53-2d-402 from whom the bureau receives: (a) the individual's social security number, fingerprints, and other personal identification information specified by the department under Subsection (4); and (b) any fees established by the department under Subsection (10). (2) The bureau shall determine whether to deny or revoke background clearance for individuals for whom the department has previously granted background clearance. (3) The bureau shall determine whether to grant, deny, or revoke background clearance for an individual based on an initial and ongoing evaluation of information the bureau obtains under Subsections (5) and (11), which, at a minimum, shall include an initial criminal background check of state, regional, and national databases using the individual's fingerprints. (4) The bureau shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that specify: (a) the criteria the bureau will use under Subsection (3) to determine whether to grant, deny, or revoke background clearance; and (b) the other personal identification information an individual seeking licensure or certification under Section 53-2d-402 must submit under Subsection (1). (5) To determine whether to grant, deny, or revoke background clearance, the bureau may access and evaluate any of the following: (a) Department of Public Safety arrest, conviction, and disposition records described in Chapter 10, Criminal Investigations and Technical Services Act, including information in state, regional, and national records files; (b) adjudications by a juvenile court of committing an act that if committed by an adult would be a felony or misdemeanor, if: (i) the applicant is under 28 years old; or (ii) the applicant: (A) is over 28 years old; and (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in abeyance or diversion agreement for a felony or misdemeanor; (c) juvenile court arrest, adjudication, and disposition records, other than those under Subsection (5)(b), as allowed under Section 78A-6-209; (d) child abuse or neglect findings described in Section 80-3-404 or 80-3-504; (e) the department's Licensing Information System described in Section 80-2-1002; (f) the department's database of reports of vulnerable adult abuse, neglect, or exploitation, described in Section 26B-6-210; (g) Division of Professional Licensing records of licensing and certification under Title 58, Occupations and Professions; (h) records in other federal criminal background databases available to the state; and (i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance, pending diversion agreements, or dispositions. (6) Except for the Department of Public Safety, an agency may not charge the bureau for information accessed under Subsection (5). (7) When evaluating information under Subsection (3), the bureau shall classify a crime committed in another state according to the closest matching crime under Utah law, regardless of how the crime is classified in the state where the crime was committed. (8) The bureau shall adopt measures to protect the security of information the department accesses under Subsection (5), which shall include limiting access by department employees to those responsible for acquiring, evaluating, or otherwise processing the information. (9) The bureau may disclose personal identification information the bureau receives under Subsection (1) to the department to verify that the subject of the information is not identified as a perpetrator or offender in the information sources described in Subsections (5)(d) through (f). (10) The bureau may charge fees, in accordance with Section 63J-1-504, to pay for: (a) the cost of obtaining, storing, and evaluating information needed under Subsection (3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke background clearance; and (b) other bureau costs related to granting, denying, or revoking background clearance. (11) The Criminal Investigations and Technical Services Division within the Department of Public Safety shall: (a) retain, separate from other division records, personal information under Subsection (1), including any fingerprints sent to it by the department; and (b) notify the bureau upon receiving notice that an individual for whom personal information has been retained is the subject of: (i) a warrant for arrest; (ii) an arrest; (iii) a conviction, including a plea in abeyance; or (iv) a pending diversion agreement. (12) Clearance granted for an individual licensed or certified under Section 53-2d-402 is valid until two years after the day on which the individual is no longer licensed or certified in Utah as emergency medical service personnel.
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