Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 56 (2016GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/17/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions;
• requires a nursing education program to be accredited in order to qualify students to practice nursing in the state; and
• provides students of certain non-accredited nursing education programs time to graduate from the non-accredited program and qualify to practice nursing in the state.

Every vote on this bill

Bill text

NURSE PRACTICE ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor:
 Sophia M. DiCaro
LONG TITLE
General Description:
This bill amends the Nurse Practice Act. 
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ requires a nursing education program to be accredited in order to qualify students to
practice nursing in the state; and
▸ provides students of certain non-accredited nursing education programs time to
graduate from the non-accredited program and qualify to practice nursing in the
state. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-31b-102
, as last amended by Laws of Utah 2011, Chapter 366
58-31b-601
, as last amended by Laws of Utah 2015, Chapter 29
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-31b-102
 is amended to read:
58-31b-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Administrative penalty" means a monetary fine or citation imposed by the division
for acts or omissions determined to constitute unprofessional or unlawful conduct in
accordance with a fine schedule established by rule and as a result of an adjudicative
proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2) "Applicant" means a person who applies for licensure or certification under this
chapter by submitting a completed application for licensure or certification and the required
fees to the department.
(3) "Approved education program" means a nursing education program that [
meets the
minimum standards for educational programs established under this chapter and by division
rule in collaboration with the board
] 
is accredited by an accrediting body for nursing education
that is approved by the United States Department of Education
.
(4) "Board" means the Board of Nursing created in Section 
58-31b-201
.
(5) "Consultation and referral plan" means a written plan jointly developed by an
advanced practice registered nurse and a consulting physician that permits the advanced
practice registered nurse to prescribe schedule II-III controlled substances in consultation with
the consulting physician.
(6) "Consulting physician" means a physician and surgeon or osteopathic physician and
surgeon licensed in accordance with this title who has agreed to consult with an advanced
practice registered nurse with a controlled substance license, a DEA registration number, and
who will be prescribing schedule II-III controlled substances.
(7) "Diagnosis" means the identification of and discrimination between physical and
psychosocial signs and symptoms essential to the effective execution and management of
health care.
(8) "Examinee" means a person who applies to take or does take any examination
required under this chapter for licensure.
(9) "Licensee" means a person who is licensed or certified under this chapter.
(10) "Long-term care facility" means any of the following facilities licensed by the
Department of Health pursuant to Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act:
(a) a nursing care facility;
(b) a small health care facility;
(c) an intermediate care facility for people with an intellectual disability;
(d) an assisted living facility Type I or II; or
(e) a designated swing bed unit in a general hospital.
(11) "Medication aide certified" means a certified nurse aide who:
(a) has a minimum of 2,000 hours experience working as a certified nurse aide;
(b) has received a minimum of 60 hours of classroom and 40 hours of practical training
that is approved by the division in collaboration with the board, in administering routine
medications to patients or residents of long-term care facilities; and
(c) is certified by the division as a medication aide certified.
(12) (a) "Practice as a medication aide certified" means the limited practice of nursing
under the supervision, as defined by the division by administrative rule, of a licensed nurse,
involving routine patient care that requires minimal or limited specialized or general
knowledge, judgment, and skill, to an individual who:
(i) is ill, injured, infirm, has a physical, mental, developmental, or intellectual
disability; and
(ii) is in a regulated long-term care facility.
(b) "Practice as a medication aide certified":
(i) includes:
(A) providing direct personal assistance or care; and
(B) administering routine medications to patients in accordance with a formulary and
protocols to be defined by the division by rule; and
(ii) does not include assisting a resident of an assisted living facility, a long term care
facility, or an intermediate care facility for people with an intellectual disability to self
administer a medication, as regulated by the Department of Health by administrative rule.
(13) "Practice of advanced practice registered nursing" means the practice of nursing
within the generally recognized scope and standards of advanced practice registered nursing as
defined by rule and consistent with professionally recognized preparation and education
standards of an advanced practice registered nurse by a person licensed under this chapter as an
advanced practice registered nurse. Advanced practice registered nursing includes:
(a) maintenance and promotion of health and prevention of disease;
(b) diagnosis, treatment, correction, consultation, and referral for common health
problems;
(c) prescription or administration of prescription drugs or devices including:
(i) local anesthesia;
(ii) schedule IV-V controlled substances; and
(iii) schedule II-III controlled substances in accordance with a consultation and referral
plan; or
(d) the provision of preoperative, intraoperative, and postoperative anesthesia care and
related services upon the request of a licensed health care professional by an advanced practice
registered nurse specializing as a certified registered nurse anesthetist, including:
(i) preanesthesia preparation and evaluation including:
(A) performing a preanesthetic assessment of the patient;
(B) ordering and evaluating appropriate lab and other studies to determine the health of
the patient; and
(C) selecting, ordering, or administering appropriate medications;
(ii) anesthesia induction, maintenance, and emergence, including:
(A) selecting and initiating the planned anesthetic technique;
(B) selecting and administering anesthetics and adjunct drugs and fluids; and
(C) administering general, regional, and local anesthesia;
(iii) postanesthesia follow-up care, including:
(A) evaluating the patient's response to anesthesia and implementing corrective
actions; and
(B) selecting, ordering, or administering the medications and studies listed in
Subsection (13)(d); and
(iv) other related services within the scope of practice of a certified registered nurse
anesthetist, including:
(A) emergency airway management;
(B) advanced cardiac life support; and
(C) the establishment of peripheral, central, and arterial invasive lines; and
(v) for purposes of Subsection (13)(d), "upon the request of a licensed health care
professional":
(A) means a health care professional practicing within the scope of the health care
professional's license, requests anesthesia services for a specific patient; and
(B) does not require an advanced practice registered nurse specializing as a certified
registered nurse anesthetist to enter into a consultation and referral plan or obtain additional
authority to select, administer, or provide preoperative, intraoperative, or postoperative
anesthesia care and services.
(14) "Practice of nursing" means assisting individuals or groups to maintain or attain
optimal health, implementing a strategy of care to accomplish defined goals and evaluating
responses to care and treatment. The practice of nursing requires substantial specialized or
general knowledge, judgment, and skill based upon principles of the biological, physical,
behavioral, and social sciences, and includes:
(a) initiating and maintaining comfort measures;
(b) promoting and supporting human functions and responses;
(c) establishing an environment conducive to well-being;
(d) providing health counseling and teaching;
(e) collaborating with health care professionals on aspects of the health care regimen;
(f) performing delegated procedures only within the education, knowledge, judgment,
and skill of the licensee; and
(g) delegating nurse interventions that may be performed by others and are not in
conflict with this chapter.
(15) "Practice of practical nursing" means the performance of nursing acts in the
generally recognized scope of practice of licensed practical nurses as defined by rule and as
provided in this Subsection (15) by a person licensed under this chapter as a licensed practical
nurse and under the direction of a registered nurse, licensed physician, or other specified health
care professional as defined by rule. Practical nursing acts include:
(a) contributing to the assessment of the health status of individuals and groups;
(b) participating in the development and modification of the strategy of care;
(c) implementing appropriate aspects of the strategy of care;
(d) maintaining safe and effective nursing care rendered to a patient directly or
indirectly; and
(e) participating in the evaluation of responses to interventions.
(16) "Practice of registered nursing" means performing acts of nursing as provided in
this Subsection (16) by a person licensed under this chapter as a registered nurse within the
generally recognized scope of practice of registered nurses as defined by rule. Registered
nursing acts include:
(a) assessing the health status of individuals and groups;
(b) identifying health care needs;
(c) establishing goals to meet identified health care needs;
(d) planning a strategy of care;
(e) prescribing nursing interventions to implement the strategy of care;
(f) implementing the strategy of care;
(g) maintaining safe and effective nursing care that is rendered to a patient directly or
indirectly;
(h) evaluating responses to interventions;
(i) teaching the theory and practice of nursing; and
(j) managing and supervising the practice of nursing.
(17) "Routine medications":
(a) means established medications administered to a medically stable individual as
determined by a licensed health care practitioner or in consultation with a licensed medical
practitioner; and
(b) is limited to medications that are administered by the following routes:
(i) oral;
(ii) sublingual;
(iii) buccal;
(iv) eye;
(v) ear;
(vi) nasal;
(vii) rectal;
(viii) vaginal;
(ix) skin ointments, topical including patches and transdermal;
(x) premeasured medication delivered by aerosol/nebulizer; and
(xi) medications delivered by metered hand-held inhalers.
(18) "Unlawful conduct" is as defined in Sections 
58-1-501
 and 
58-31b-501
.
(19) "Unlicensed assistive personnel" means any unlicensed person, regardless of title,
to whom tasks are delegated by a licensed nurse as permitted by rule and in accordance with
the standards of the profession.
(20) "Unprofessional conduct" is as defined in Sections 
58-1-501
 and 
58-31b-502
 and
as may be further defined by rule.
Section 2. Section 
58-31b-601
 is amended to read:
58-31b-601.
Minimum standards for nursing programs -- Medication aide
training.
(1) Except as provided in Subsection (2), to qualify as an approved education program
for the purpose of qualifying graduates for licensure under this chapter, a nursing education
program shall be accredited by an accrediting body for nursing education that is approved by
the United States Department of Education.
(2) 
(a)
 In accordance with 
Subsection (2)(b) and
 Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the division, in consultation with the board, may make rules
establishing requirements for a nursing education program to qualify for a limited time as an
approved education program for the purpose of qualifying graduates for licensure under this
chapter, if the program:
[
(a)
] 
(i) (A)
 is in the process of obtaining the accreditation described in Subsection (1);
[
(b)
] 
(B)
 has recently been denied accreditation after seeking to obtain the accreditation
described in Subsection (1); or
[
(c)
] 
(C)
 has recently lost the accreditation described in Subsection (1)[
.
]
; and
(ii) is approved under Subsection (2)(a) on or before May 15, 2016.
(b) A program approved under Subsection (2)(a) may qualify graduates for licensure
under Subsection (2)(a) until May 31, 2017. On or after June 1, 2017, a nursing education
program that is not an approved education program under Subsection (1) may not qualify
graduates for licensure under this chapter.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
the provisions of this chapter, the division shall make rules defining the minimum standards for
a medication aide certified training program to qualify a person for certification under this
chapter as a medication aide certified.
Legislative Review Note
Office of Legislative Research and General Counsel