Utah § 34-52-302 - Private employer requirements when hiring a mental health professional.
Full text of Utah Utah Code § 34-52-302 — Private employer requirements when hiring a mental health professional., with citation guidance and answers to common questions.
§ 34-52-302. Private employer requirements when hiring a mental health professional.
Effective 5/3/2023 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:
(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.
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.
Section 34-52-302 ("Private employer requirements when hiring a mental health professional.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 34-52-302?
A common citation format is "Utah Code § 34-52-302" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 34-52-302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
