Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 264 (2023GS)

Sponsor

Rep. Maloy, A. Cory

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows a certified nurse aide to obtain experience at a health care facility that is designated by the Division of Professional Licensing; and
• allows the certified nurse aide applicant to obtain a letter of recommendation from a health care facility administrator.

Every vote on this bill

Bill text

CERTIFIED NURSING ASSISTANTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill allows a certified nurse aide to obtain experience at a health care facility that is
designated by the Division of Professional Licensing.
Highlighted Provisions:
This bill:
▸ allows a certified nurse aide to obtain experience at a health care facility that is
designated by the Division of Professional Licensing; and
▸ allows the certified nurse aide applicant to obtain a letter of recommendation from a
health care facility administrator.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-31b-302
, as last amended by Laws of Utah 2022, Chapter 277
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-31b-302
 is amended to read:
58-31b-302.
Qualifications for licensure or certification -- Criminal background
checks.
(1) An applicant for certification as a medication aide shall:
(a) submit an application to the division on a form prescribed by the division;
(b) pay a fee to the division as determined under Section 
63J-1-504
;
(c) have a high school diploma or its equivalent;
(d) have a current certification as a nurse aide, in good standing, from the Department
of Health 
and Human Services
;
(e) have a minimum of 2,000 hours of experience within the two years prior to
application, working as a certified nurse aide in a long-term care facility 
or another health care
facility that is designated by the division in collaboration with the board
;
(f) obtain letters of recommendation from a [
long-term care
] 
health care
 facility
administrator and one licensed nurse familiar with the applicant's work practices as a certified
nurse aide;
(g) be in a condition of physical and mental health that will permit the applicant to
practice safely as a medication aide certified;
(h) have completed an approved education program or an equivalent as determined by
the division in collaboration with the board;
(i) have passed the examinations as required by division rule made in collaboration
with the board; and
(j) meet with the board, if requested, to determine the applicant's qualifications for
certification.
(2) An applicant for licensure as a licensed practical nurse shall:
(a) submit to the division an application in a form prescribed by the division;
(b) pay to the division a fee determined under Section 
63J-1-504
;
(c) have a high school diploma or its equivalent;
(d) be in a condition of physical and mental health that will permit the applicant to
practice safely as a licensed practical nurse;
(e) have completed an approved practical nursing education program or an equivalent
as determined by the board;
(f) have passed the examinations as required by division rule made in collaboration
with the board; and
(g) meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(3) An applicant for a registered nurse apprentice license shall:
(a) submit to the division an application form prescribed by the division;
(b) pay to the division a fee determined under Section 
63J-1-504
;
(c) have a high school diploma or its equivalent;
(d) be in a condition of physical and mental health that will allow the applicant to
practice safely as a registered nurse apprentice;
(e) as determined by an approved registered nursing education program, be:
(i) in good standing with the program; and
(ii) in the last semester, quarter, or competency experience;
(f) have written permission from the program in which the applicant is enrolled; and
(g) meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(4) An applicant for licensure as a registered nurse shall:
(a) submit to the division an application form prescribed by the division;
(b) pay to the division a fee determined under Section 
63J-1-504
;
(c) have a high school diploma or its equivalent;
(d) be in a condition of physical and mental health that will allow the applicant to
practice safely as a registered nurse;
(e) have completed an approved registered nursing education program;
(f) have passed the examinations as required by division rule made in collaboration
with the board; and
(g) meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(5) Applicants for licensure as an advanced practice registered nurse shall:
(a) submit to the division an application on a form prescribed by the division;
(b) pay to the division a fee determined under Section 
63J-1-504
;
(c) be in a condition of physical and mental health which will allow the applicant to
practice safely as an advanced practice registered nurse;
(d) hold a current registered nurse license in good standing issued by the state or be
qualified at the time for licensure as a registered nurse;
(e) (i) have earned a graduate degree in:
(A) an advanced practice registered nurse nursing education program; or
(B) a related area of specialized knowledge as determined appropriate by the division
in collaboration with the board; or
(ii) have completed a nurse anesthesia program in accordance with Subsection
(5)(f)(ii);
(f) have completed:
(i) course work in patient assessment, diagnosis and treatment, and
pharmacotherapeutics from an education program approved by the division in collaboration
with the board; or
(ii) a nurse anesthesia program which is approved by the Council on Accreditation of
Nurse Anesthesia Educational Programs;
(g) to practice within the psychiatric mental health nursing specialty, demonstrate, as
described in division rule, that the applicant, after completion of a doctorate or master's degree
required for licensure, is in the process of completing the applicant's clinical practice
requirements in psychiatric mental health nursing, including in psychotherapy;
(h) have passed the examinations as required by division rule made in collaboration
with the board;
(i) be currently certified by a program approved by the division in collaboration with
the board and submit evidence satisfactory to the division of the certification; and
(j) meet with the board, if requested, to determine the applicant's qualifications for
licensure.
(6) For each applicant for licensure or certification under this chapter except an
applicant under Subsection 
58-31b-301
(2)(b):
(a) the applicant shall:
(i) submit fingerprint cards in a form acceptable to the division at the time the
application is filed; and
(ii) consent to a fingerprint background check conducted by the Bureau of Criminal
Identification and the Federal Bureau of Investigation regarding the application;
(b) the division shall:
(i) in addition to other fees authorized by this chapter, collect from each applicant
submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
Identification is authorized to collect for the services provided under Section 
53-10-108
 and the
fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
obtaining federal criminal history record information;
(ii) submit from each applicant the fingerprint card and the fees described in this
Subsection (6)(b) to the Bureau of Criminal Identification; and
(iii) obtain and retain in division records a signed waiver approved by the Bureau of
Criminal Identification in accordance with Section 
53-10-108
 for each applicant; and
(c) the Bureau of Criminal Identification shall, in accordance with the requirements of
Section 
53-10-108
:
(i) check the fingerprints submitted under Subsection (6)(b) against the applicable state
and regional criminal records databases;
(ii) forward the fingerprints to the Federal Bureau of Investigation for a national
criminal history background check; and
(iii) provide the results from the state, regional, and nationwide criminal history
background checks to the division.
(7) For purposes of conducting the criminal background checks required in Subsection
(6), the division shall have direct access to criminal background information maintained
pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(8) (a) (i) Any new nurse license or certification issued under this section shall be
conditional, pending completion of the criminal background check.
(ii) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
criminal background check discloses the applicant has failed to accurately disclose a criminal
history, the license or certification shall be immediately and automatically revoked upon notice
to the licensee by the division.
(b) (i) An individual whose conditional license or certification has been revoked under
Subsection (8)(a) is entitled to a postrevocation hearing to challenge the revocation.
(ii) A postrevocation hearing shall be conducted in accordance with Title 63G, Chapter
4, Administrative Procedures Act.
(9) If an individual has been charged with a violent felony, as defined in Subsection
76-3-203.5
(1)(c), and, as a result, the individual has been convicted, entered a plea of guilty or
nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the
successful completion of probation, the individual is disqualified for licensure under this
chapter and:
(a) if the individual is licensed under this chapter, the division:
(i) shall act upon the license as required under Section 
58-1-401
; and
(ii) may not renew or subsequently issue a license to the individual under this chapter;
and
(b) if the individual is not licensed under this chapter, the division may not issue a
license to the individual under this chapter.
(10) If an individual has been charged with a felony other than a violent felony, as
defined in Subsection 
76-3-203.5
(1)(c), and, as a result, the individual has been convicted,
entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo contendere held
in abeyance pending the successful completion of probation, the division shall determine
whether the felony disqualifies the individual for licensure under this chapter and act upon the
license, as required, in accordance with Section 
58-1-401
.
(11) The division may not disseminate outside of the division any criminal history
record information that the division obtains from the Bureau of Criminal Identification or the
Federal Bureau of Investigation under the criminal background check requirements of this
section.