(1) The division shall have direct access to local files maintained by the Bureau of Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for background screening of individuals who are applying for licensure or certification, or with respect to a license or certification, renewal, reinstatement, or relicensure or recertification, as required in:

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Terms Used In Utah Code 58-1-301.5

  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
     (1)(a) Sections 58-17b-306 and 58-17b-307;
     (1)(b) Sections 58-24b-302 and 58-24b-302.1;
     (1)(c) Section 58-31b-302;
     (1)(d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy Practice Act;
     (1)(e) Section 58-44a-302.1;
     (1)(f) Sections 58-47b-302 and 58-47b-302.1;
     (1)(g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm company agents, and Section 58-55-302.1;
     (1)(h) Sections 58-60-103.1, 58-60-205, 58-60-305, 58-60-405, and 58-60-506 of Chapter 60, Mental Health Professional Practice Act;
     (1)(i) Sections 58-61-304 and 58-61-304.1;
     (1)(j) Sections 58-63-302 and 58-63-302.1;
     (1)(k) Sections 58-64-302 and 58-64-302.1;
     (1)(l) Sections 58-67-302 and 58-67-302.1;
     (1)(m) Sections 58-68-302 and 58-68-302.1; and
     (1)(n) Sections 58-70a-301.1 and 58-70a-302, of Chapter 70a, Utah Physician Assistant Act.
(2) The division’s access to criminal background information under this section:

     (2)(a) shall meet the requirements of Section 53-10-108; and
     (2)(b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in abeyance, dismissed charges, and charges without a known disposition.
(3) The division may not disseminate outside of the division any criminal history record information that the division obtains from the Bureau of Criminal Identification or the Federal Bureau of Investigation under the criminal background check requirements of this section.