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S.B. 157
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NURSE PRACTICE ACT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Paula F. Julander
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AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE
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MAKE-UP OF THE BOARD OF NURSING; ELIMINATING THE STATUTORY
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REQUIREMENT THAT EXAMINATIONS BE TAKEN WITHIN A PRESCRIBED TIME
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PERIOD; AMENDING THE LICENSING REQUIREMENTS OF A NURSE WHO
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GRADUATES FROM A NONAPPROVED NURSING PROGRAM; AMENDING THE
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RENEWAL REQUIREMENTS OF ADVANCED PRACTICE REGISTERED NURSES;
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AMENDING THE ADMINISTRATIVE PROCEDURES FOR SUSPENDING A LICENSE
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BECAUSE OF IMPAIRMENT; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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58-31b-201, as enacted by Chapter 288, Laws of Utah 1998
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58-31b-302, as enacted by Chapter 288, Laws of Utah 1998
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58-31b-303, as enacted by Chapter 288, Laws of Utah 1998
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58-31b-305, as enacted by Chapter 288, Laws of Utah 1998
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58-31b-401, as last amended by Chapter 65, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-31b-201
is amended to read:
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58-31b-201. Board.
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(1) There is created the Board of Nursing that consists of the following [13] nine
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members[, whose appointments shall provide broad representation of the various interests and
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constituencies in the nursing profession]:
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[(a) six persons licensed as registered nurses:]
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[(i) three of whom are actively involved in approved nursing education programs and
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represent various types of education programs; and]
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[(ii) one of whom is employed in a nursing administrative position within a licensed health
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care facility;]
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[(b) two persons licensed as licensed practical nurses;]
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[(c) three persons licensed as advanced practice registered nurses or certified registered
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nurse anesthetists, one of whom also holds a controlled substance license; and]
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[(d) two members of the public who are not licensed health care providers.]
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(a) seven nurses in a manner as may be further defined in division rule; and
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(b) two members of the public.
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(2) The board shall be appointed and serve in accordance with Section
58-1-201
.
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(3) The board shall carry out the duties and responsibilities in Sections
58-1-202
and
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58-1-203
and shall:
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(a) (i) recommend to the division minimum standards for educational programs qualifying
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a person for licensure under this chapter;
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(ii) recommend to the division denial, approval, or withdrawal of approval regarding
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educational programs that meet or fail to meet the established minimum standards; and
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(iii) designate one of its members on a permanent or rotating basis to:
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(A) assist the division in reviewing complaints concerning the unlawful or unprofessional
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conduct of a licensee; and
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(B) advise the division in its investigation of these complaints.
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(b) A board member who has, under Subsection (3)(a)(iii), reviewed a complaint or
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advised in its investigation may be disqualified from participating with the board when the board
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serves as a presiding officer in an adjudicative proceeding concerning the complaint.
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(4) (a) The director shall appoint an individual to serve as the executive administrator of
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the Board of Nursing. Except when the board serves as a presiding officer in an adjudicative
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procedure, the executive administrator shall serve as an ex officio member of the board and shall
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represent the position of the division in matters considered by the board.
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(b) The executive administrator shall be a licensed registered nurse, shall have earned a
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masters degree in nursing, and shall have a minimum of five years of experience working in
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nursing administration or nursing education.
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Section 2.
Section
58-31b-302
is amended to read:
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58-31b-302. Qualifications for licensure.
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(1) An applicant for licensure as a licensed practical nurse shall:
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(a) submit to the division an application in a form prescribed by the division;
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(b) pay to the division a fee determined under Section
63-38-3.2
;
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(c) have a high school diploma or its equivalent;
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(d) be in a condition of physical and mental health that will permit the applicant to practice
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safely as a licensed practical nurse;
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(e) have completed an approved practical nursing education program or an equivalent as
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determined by the board;
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(f) have passed the examinations [prescribed] as required by division rule made in
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collaboration with the board [within two years after completion of the approved practical nursing
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education program required under Subsection (1)(e) and within three years of the date of
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application for a Utah license]; and
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(g) meet with the board, if requested, to determine the applicant's qualifications for
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licensure.
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(2) An applicant for licensure as a registered nurse shall:
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(a) submit to the division an application form prescribed by the division;
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(b) pay to the division a fee determined under Section
63-38-3.2
;
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(c) have a high school diploma or its equivalent;
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(d) be in a condition of physical and mental health that will allow the applicant to practice
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safely as a registered nurse;
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(e) have completed an approved registered nursing education program;
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(f) have passed the examinations [prescribed] as required by division rule made in
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collaboration with the board [within two years after completion of the approved registered nursing
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education program required under Subsection (2)(e) and within three years of the date of
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application for a Utah license]; and
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(g) meet with the board, if requested, to determine the applicant's qualifications for
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licensure.
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(3) Applicants for licensure as an advanced practice registered nurse shall:
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(a) submit to the division an application on a form prescribed by the division;
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(b) pay to the division a fee determined under Section
63-38-3.2
;
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(c) be in a condition of physical and mental health which will allow the applicant to
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practice safely as an advanced practice registered nurse;
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(d) hold a current registered nurse license in good standing issued by the state or be
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qualified at the time for licensure as a registered nurse;
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(e) have earned a graduate degree in nursing or a related area of specialized knowledge as
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determined appropriate by the division in collaboration with the board;
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(f) have completed course work in patient assessment, diagnosis and treatment, and
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pharmacotherapeutics from an education program approved by the division in collaboration with
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the board;
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(g) have successfully completed clinical practice in psychiatric and mental health nursing,
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including psychotherapy as defined by division rule, after completion of the masters degree
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required for licensure, to practice within the psychiatric and mental health nursing specialty;
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(h) have passed the examinations [prescribed] as required by division rule made in
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collaboration with the board [within two years after completion of the approved education program
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required under Subsection (3)(f)];
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(i) be currently certified by a program approved by the division in collaboration with the
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board and submit evidence satisfactory to the division of the certification; and
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(j) meet with the board, if requested, to determine the applicant's qualifications for
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licensure.
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(4) An applicant for licensure as a certified registered nurse anesthetist shall:
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(a) submit to the division an application on a form prescribed by the division;
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(b) pay to the division a fee determined under Section
63-38-3.2
;
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(c) be in a condition of physical and mental health which will allow the applicant to
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practice safely as a certified registered nurse anesthetist;
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(d) hold a current registered nurse license in good standing issued by the state or be
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qualified at the time for licensure as a registered nurse;
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(e) complete a nurse anesthesia program which is approved by the Council on
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Accreditation of Nurse Anesthesia Educational Programs;
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(f) be currently certified by a program approved by the division in collaboration with the
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board and submit evidence satisfactory to the division of the certification; and
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(g) meet with the board, if requested, to determine the applicant's qualifications for
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licensure.
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Section 3.
Section
58-31b-303
is amended to read:
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58-31b-303. Qualifications for licensure -- Graduates of nonapproved nursing
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programs.
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An applicant for licensure as a practical nurse or registered nurse who is a graduate of a
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nursing education program not approved by the division in collaboration with the board must
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comply with the requirements of this section.
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(1) An applicant for licensure as a licensed practical nurse shall:
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(a) meet all requirements of Subsection
58-31b-302
(1), except Subsection (1)(e); and
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(b) produce evidence acceptable to the division and the board that the nursing education
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program completed by the applicant is equivalent to the minimum standards established by the
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division in collaboration with the board for an approved licensed practical nursing education
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program.
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(2) An applicant for licensure as a registered nurse shall:
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(a) meet all requirements of Subsection
58-31b-302
(2), except Subsection (2)(e); and
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(b) (i) pass the Commission on Graduates of Foreign Nursing Schools (CGFNS)
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Examination; or
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(ii) produce evidence acceptable to the division and the board that the applicant is currently
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licensed as a registered nurse in one of the states, territories, or the District of Columbia of the
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United States and has [practiced satisfactorily as a licensed registered nurse in that jurisdiction for
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a period of not less than 4,000 hours] passed the NCLEX-RN examination.
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Section 4.
Section
58-31b-305
is amended to read:
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58-31b-305. Term of license -- Expiration -- Renewal.
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(1) The division shall issue each license under this chapter in accordance with a two-year
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renewal cycle established by rule. The division may by rule extend or shorten a renewal period
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by as much as one year to stagger the renewal cycles it administers.
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(2) At the time of renewal, the licensee shall show satisfactory evidence of each of the
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following renewal requirements:
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(a) complete and submit an application for renewal in a form prescribed by the division
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and pay the renewal fee determined under Section
63-38-3.2
; and
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(b) meet continuing competency requirements as established by rule.
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(3) In addition to the renewal requirements under Subsection (2), a person licensed as a
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advanced practice registered nurse shall:
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(a) be currently certified by a program approved by the division in collaboration with the
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board and submit evidence satisfactory to the division of that qualification or if licensed prior to
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July 1, 1992, meet the requirements established by rule; and
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(b) as a condition precedent for license renewal commencing on and after July 1, 1999,
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actively participate on a continuing basis in a quality review program based on criteria established
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by the division by rule in collaboration with the board. [A quality review program shall be:]
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[(i) based in a hospital or other licensed health care facility, as defined in Section
26-21-2
,
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at which the licensee regularly engages in practice; or]
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[(ii) conducted by or under the direction of:]
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[(A) a professional association approved by the division in collaboration with the board;
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or]
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[(B) another organization approved by the division in collaboration with the board as
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defined by division rule.]
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(4) In addition to the renewal requirements under Subsection (2), a person licensed as a
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certified registered nurse anesthetist shall:
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(a) actively participate on a continuing regular basis in an anesthesia quality assurance
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program approved by the division in collaboration with the board and submit evidence satisfactory
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to the division of the participation; and
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(b) be currently certified in anesthesia by a program approved by the division in
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collaboration with the board and submit evidence satisfactory to the division of the certification.
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(5) Each license automatically expires on the expiration date shown on the license unless
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renewed in accordance with Section
58-1-308
.
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Section 5.
Section
58-31b-401
is amended to read:
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58-31b-401. Grounds for denial of licensure and disciplinary proceedings.
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(1) Grounds for refusal to issue a license to an applicant, for refusal to renew the license
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of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue
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a public or private reprimand to a licensee, and to issue cease and desist orders shall be in
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accordance with Section
58-1-401
.
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[(2) (a) If a court of competent jurisdiction determines that a nurse is an "incapacitated
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person" as defined in Section
75-1-201
, the director shall suspend the license of the nurse upon
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entry of the judgment, regardless of the pendency of an appeal.]
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[(b) If it appears to the board that there is reasonable cause to believe that a nurse, even
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though the nurse has not been judicially determined to be incompetent, mentally incompetent, or
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incapable, is unable to practice nursing with reasonable skill and safety to patients because of
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illness, drunkenness, excessive use of drugs, narcotics, chemical, or any other type of material, or
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as a result of any mental or physical condition, a complaint in the name of the board shall be served
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upon the nurse for hearing on the sole issue of the capacity of the nurse to conduct properly the
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practice of nursing.]
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[(c) (i) Failure of a nurse to submit to a mental or physical examination within 30 days
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when directed by the board in connection with a hearing instituted under Subsection (2)(b)
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constitutes grounds for immediate suspension of the nurse's license, unless the failure was due to
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circumstances beyond the control of the nurse.]
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[(ii) A licensee who submits to an examination under this Subsection (2) waives all
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objections to the admissibility of an examining physician's testimony or examination report on the
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ground that they constitute a privileged communication.]
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[(iii) The director may enter an order of suspension of the license without the taking of
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testimony or the presentation of evidence upon a finding of reasonable cause to believe that an
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order of suspension is necessary to protect the public health, safety, or welfare, if a hearing is
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scheduled to occur within 30 days of the order of suspension.]
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[(d) A nurse whose license is suspended under Subsection (2) shall, at reasonable intervals
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defined by rule, be afforded the opportunity to demonstrate that the nurse can resume the
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competent practice of nursing with reasonable skill and safety to patients.]
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(2) If a court of competent jurisdiction determines a nurse is an incapacitated person as
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defined in Section
75-1-201
or that he is mentally ill as defined in Section
62A-12-202
, and unable
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to safely engage in the practice of nursing, the director shall immediately suspend the license of
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the nurse upon the entry of the judgment of the court, without further proceedings under Title 63,
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Chapter 46b, Administrative Procedures Act, regardless of whether an appeal from the court's
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ruling is pending. The director shall promptly notify the nurse, in writing, of the suspension.
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(3) (a) If the division and the majority of the board find reasonable cause to believe a
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nurse, who is not determined judicially to be an incapacitated person or to be mentally ill, is
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incapable of practicing nursing with reasonable skill regarding the safety of patients, because of
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illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the
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board shall recommend that the director file a petition with the division, and cause the petition to
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be served upon the nurse with a notice of hearing on the sole issue of the capacity of the nurse to
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competently, safely engage in the practice of nursing.
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(b) The hearing shall be conducted under Section
58-1-109
, and Title 63, Chapter 46b,
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Administrative Procedures Act, except as provided in Subsection (4).
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(4) (a) Every nurse who accepts the privilege of being licensed under this chapter gives
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consent to:
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(i) submitting to an immediate mental or physical examination, at the nurse's expense and
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by a division-approved practitioner selected by the nurse, when directed in writing by the division
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and a majority of the board to do so; and
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(ii) the admissibility of the reports of the examining practitioner's testimony or
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examination, and waives all objections on the ground the reports constitute a privileged
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communication.
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(b) The examination may be ordered by the division, with the consent of a majority of the
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board, only upon a finding of reasonable cause to believe:
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(i) the nurse is mentally ill or incapacitated or otherwise unable to practice nursing with
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reasonable skill and safety; and
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(ii) immediate action by the division and the board is necessary to prevent harm to the
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nurse's patients or the general public.
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(c) (i) Failure of a nurse to submit to the examination ordered under this section is a
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ground for the division's immediate suspension of the nurse's license by written order of the
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director.
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(ii) The division may enter the order of suspension without further compliance with Title
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63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
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the examination ordered under this section was due to circumstances beyond the control of the
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nurse and was not related directly to the illness or incapacity of the nurse.
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(5) (a) A nurse whose license is suspended under Subsection (2), (3), or (4)(c) has the right
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to a hearing to appeal the suspension within ten days after the license is suspended.
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(b) The hearing held under this Subsection (5) shall be conducted in accordance with
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Sections
58-1-108
and
58-1-109
for the sole purpose of determining if sufficient basis exists for
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the continuance of the order of suspension in order to prevent harm to the nurse's patients or the
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general public.
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(6) A nurse whose license is revoked, suspended, or in any way restricted under this
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section may request the division and the board to consider, at reasonable intervals, evidence
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presented by the nurse, under procedures established by division rule, regarding any change in the
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nurse's condition, to determine whether:
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(a) he is or is not able to safely and competently engage in the practice of nursing; and
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(b) he is qualified to have his license to practice under this chapter restored completely or
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in part.
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[(3)] (7) Nothing in Section
63-2-206
may be construed as limiting the authority of the
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division to report current significant investigative information to the coordinated licensure
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information system for transmission to party states as required of the division by Article VII of the
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Nurse Licensure Compact in Section
58-31c-102
.
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Section 6. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 1-26-00 6:59 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.