R432-35-9. Covered Individuals with Arrests or Pending Criminal Charges

(1) If the OBP determines credible evidence exists that a covered individual has been arrested or charged with a felony or a misdemeanor that would exclude that individual from direct patient access under Section R432-35-8, the OBP or OL may take action to protect the health and safety of any patient or resident with a covered provider. (2) The OBP may allow a covered individual direct patient access with conditions until any arrest or criminal charges are resolved if the covered individual can demonstrate the work arrangement does not pose a threat to the safety and health of any patient or resident. (3) If the OBP denies or revokes a license or denies direct patient access based upon any arrest or criminal charges, the OBP shall send a notice of agency action, as outlined in Section R497-100-5, to the covered provider and the covered individual.