Utah Code Title 26B. Utah Health and Human Services Codes § 26B-2-239. Certification for direct patient access required--Application by covered providers, covered contractors, and individuals

(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:

(b) For purposes of Subsection (3)(a), an application is pending if the following have been submitted to the department for the individual:

(4)(a) As provided in Subsection (4)(b), each covered provider and covered contractor operating in this state shall:

(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.

(5)(a) A covered provider that provides services in a residential setting shall:

(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:

(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).