Utah Code 53-5c-302. Assistance from a health care provider — Restricted list
Current as of: 2024 | Check for updates
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(1) An individual who is not a restricted person under Section 76-10-503 and is seeking inclusion on a restricted list under Section 53-5c-301 may direct the individual’s health care provider to electronically deliver the individual’s inclusion request described in Section 53-5c-301 to the bureau.
Terms Used In Utah Code 53-5c-302
- Bureau: means the Bureau of Criminal Identification created in Section 53-10-201. See Utah Code 53-5c-102
- Health care provider: means a person:(5)(a) who provides health care or professional services related to health care; and(5)(b) is acting within the scope of the person's license, certification, practice, education, or training. See Utah Code 53-5c-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
(2) In addition to the inclusion form described in Section53-5c-301 , the bureau shall create a form, available by download through the bureau’s website, for:(2)(a) an individual who is directing a health care provider to electronically deliver the individual’s inclusion request and require, at a minimum, the following information:(2)(a)(i) the individual’s signature;(2)(a)(ii) the name of the individual’s health care provider; and(2)(a)(iii) the individual’s acknowledgment of the statement in Subsection (4)(a); and(2)(b) a health care provider who is delivering an individual’s inclusion request and require, at a minimum, the following information for the health care provider:(2)(b)(i) the health care provider’s name;(2)(b)(ii) the name of the health care provider’s organization;(2)(b)(iii) the health care provider’s license or certification, including the license or certification number;(2)(b)(iv) the health care provider’s signature; and(2)(b)(v) the health care provider’s acknowledgment of the statement in Subsection (4)(b).(3)(3)(a) An individual who is directing a health care provider to electronically deliver the individual’s request to be included on a restricted list shall, in the presence of the health care provider, complete the forms described in Section53-5c-301 and Subsection (2)(a).(3)(b) The health care provider:(3)(b)(i) shall verify the individual’s identity before accepting the forms;(3)(b)(ii) may not accept forms from someone other than the individual named on the forms;(3)(b)(iii) shall complete the form described in Subsection (2)(b); and(3)(b)(iv) shall deliver the request to the bureau electronically and maintain a copy of the completed request in the individual’s health record.(4)(4)(a) The form described in Subsection (2)(a) shall have the following language prominently displayed before the signature:“ACKNOWLEDGMENT By presenting this completed form to my health care provider, I understand that I am requesting that my health care provider present my name to the Bureau of Criminal Identification to be placed on a restricted list that restricts my ability to purchase or possess firearms.”
(4)(b) The form described in Subsection (2)(b) shall have the following language prominently displayed before the signature:“ACKNOWLEDGMENT By presenting this completed form to the Bureau of Criminal Identification, I understand that I am acknowledging that I have verified the identity of [name of individual seeking inclusion on a restricted list] and have witnessed [name of individual] sign the form requesting that [name of individual] be placed on a restricted list that restricts [name of individual]’s ability to purchase or possess firearms. I affirm that [name of individual] is currently my patient, and I am a licensed health care provider acting within the scope of my license, certification, practice, education, or training.”
(5) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to develop the process and forms to implement this section. - Person: means :