58-17b-307 - Qualification for licensure -- Criminal background checks. - Utah Statutes

58-17b-307. Qualification for licensure -- Criminal background checks.
(1) An applicant for licensure under this chapter shall submit fingerprint cards in a formacceptable to the division at the time the license application is filed and shall consent to afingerprint background check by the Utah Bureau of Criminal Identification and the FederalBureau of Investigation regarding the application.
(2) The division shall request the Department of Public Safety to complete a FederalBureau of Investigation criminal background check for each applicant through the NationalCriminal History System (NCIC) or any successor system.
(3) If convicted of one or more felonies, an applicant must receive an absolute dischargefrom the sentences for all felony convictions five or more years prior to the date of filing anapplication for licensure under this chapter.
(4) For purposes of conducting the criminal background check required in Subsection(1), the division shall have direct access to criminal background information maintained pursuantto Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(5) Any new pharmacist, pharmacy intern, or pharmacy technician license issued underthis section shall be conditional, pending completion of the criminal background check. Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the criminalbackground check discloses the applicant has failed to accurately disclose a criminal history, thelicense shall be immediately and automatically revoked upon notice to the licensee.
(6) Any person whose conditional license has been revoked under Subsection (5) shall beentitled to a postrevocation hearing to challenge the revocation. The hearing shall be conductedin accordance with Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 382, 2008 General Session