Utah Code 34-52-302. Private employer requirements when hiring a mental health professional

34-52-302. Private employer requirements when hiring a mental health professional.

(1)

Except as provided in Subsection (4), a private employer may not exclude a mental health professional applicant from an initial interview because of:

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Terms Used In Utah Code 34-52-302

Applicant: means an individual who provides information to a public employer or private employer for the purpose of obtaining employment. See Utah Code 34-52-102
Arrest: Taking physical custody of a person by lawful authority.
Conviction: A judgement of guilt against a criminal defendant.
Criminal conviction: means a verdict or finding of guilt after a criminal trial or a plea of guilty or nolo contendere to a criminal charge. See Utah Code 34-52-102
Fiduciary: A trustee, executor, or administrator.
Juvenile adjudication: means :

(a)	a finding by a court that the facts in a petition or criminal information alleging an individual committed an offense when the individual was younger than 18 years old have been proved; or

(b)

an admission or plea of no contest under Section 80-6-306. See Utah Code 34-52-102

Mental health professional applicant: means an individual who:

(a)	is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and

(b)

provides information to a public employer or private employer for the purpose of obtaining employment that requires a license under Title 58, Chapter 60, Mental Health Professional Practice Act. See Utah Code 34-52-102

Private employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-52-102

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

an arrest for an offense that occurred before the mental health professional applicant was 18 years old;

(b)	a juvenile adjudication; or

(c)	an expunged criminal offense.

(2)

A private employer excludes a mental health professional applicant from an initial interview under Subsection (1) if the private employer requires the mental health professional applicant to disclose an arrest for an offense that occurred before the mental health professional applicant was 18 years old, a juvenile adjudication, or an expunged criminal offense:

(a)	on an employment application;

(b)	before an initial interview; or

(c)	if no interview is conducted, before making a conditional offer of employment.

(3)

Except as provided in Subsections (1) and (2), this section does not prevent a private employer from:

(a)	asking a mental health professional applicant for information about the mental health professional applicant’s criminal conviction history during an initial interview or after an initial interview; or

(b)	considering a mental health professional applicant’s criminal conviction history when making a hiring decision.

(4)

Subsections (1) and (2) do not apply:

(a)	if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant’s criminal conviction history;

(b)	to a private employer that is part of the criminal or juvenile justice system;

(c)	to a private employer seeking a nonemployee volunteer;

(d)	to a private employer that works with children or vulnerable adults; or

(e)	to a private employer whose primary purpose is performing financial or fiduciary functions.

Enacted by Chapter 344, 2023 General Session

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