2023 Utah Code › Title 58 - Occupations and Professions › Chapter 17b - Pharmacy Practice Act › Part 3 - Licensing › Section 307 - Qualification for licensure -- Criminal background checks.

Effective 5/3/2023
58-17b-307.
Qualification for licensure -- Criminal background checks.
(1) An individual applicant for licensure under this chapter shall:
(a) submit fingerprint cards in a form acceptable to the division at the time the license application is filed; and
(b) in accordance with this section and requirements established by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consent to a fingerprint background check regarding the application conducted by the:
(i) Utah Bureau of Criminal Identification; and
(ii) Federal Bureau of Investigation.
(2) An applicant for licensure as a pharmacy under this chapter shall submit the information described in Subsection (1) for each of the applicant's pharmacy managers.
(3) The division shall:
(a) in addition to other fees authorized by this chapter, collect from each applicant submitting fingerprints in accordance with this section the fee that the Bureau of Criminal Identification is authorized to collect for the services provided under Section 53-10-108 and the fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of obtaining federal criminal history record information;
(b) submit from each applicant the fingerprint card and the fees described in Subsection (3)(a) to the Bureau of Criminal Identification; and
(c) obtain and retain in division records, a signed waiver approved by the Bureau of Criminal Identification in accordance with Section 53-10-108 for each individual who requires a background check under this section.
(4) The Bureau of Criminal Identification shall, in accordance with the requirements of Section 53-10-108:
(a) check the fingerprints submitted under Subsection (3)(b) against the applicable state and regional criminal records databases;
(b) forward the fingerprints to the Federal Bureau of Investigation for a national criminal history background check; and
(c) provide the results from the state, regional, and nationwide criminal history background checks to the division.
(5) For purposes of conducting the criminal background check required in Subsection (1), the division shall have direct access to criminal background information maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(6)
(a) A new pharmacy, pharmacist, pharmacy intern, or pharmacy technician license issued under this section is conditional, pending completion of the criminal background checks.
(b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the criminal background check required in Subsection (1) discloses that the applicant or the applicant's pharmacy manager has failed to accurately disclose a criminal history, the license is immediately and automatically revoked upon notice to the licensee by the division.
(7)
(a) A person whose conditional license has been revoked under Subsection (6) is entitled to a postrevocation hearing to challenge the revocation.
(b) The division shall conduct a postrevocation hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(8) 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.
Amended by Chapter 223, 2023 General Session