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 be unprofessional or unlawful conduct in accordance with a fine schedule established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
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Terms Used In Utah Code 58-31b-102

  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • Board: means the Board of Nursing created in Section 58-31b-201. See Utah Code 58-31b-102
  • Department: means the Department of Commerce. See Utah Code 58-1-102
  • Diagnosis: means the identification of and discrimination between physical and psychosocial signs and symptoms essential to the effective execution and management of health care. See Utah Code 58-31b-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:
         (16)(a) exists concurrently with deficits in adaptive behavior; and
         (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
  • Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
  • Licensee: means an individual who is licensed or certified under this chapter. See Utah Code 58-31b-102
  • Long-term care facility: means any of the following facilities licensed by the Department of Health and Human Services pursuant to Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection:
         (8)(a) a nursing care facility;
         (8)(b) a small health care facility;
         (8)(c) an intermediate care facility for people with an intellectual disability;
         (8)(d) an assisted living facility Type I or II; or
         (8)(e) a designated swing bed unit in a general hospital. See Utah Code 58-31b-102
  • Medication aide certified: means a certified nurse aide who:
         (9)(a) has a minimum of 2,000 hours experience working as a certified nurse aide;
         (9)(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
         (9)(c) is certified by the division as a medication aide certified. See Utah Code 58-31b-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Practice of nursing: includes :
         (12)(a) initiating and maintaining comfort measures;
         (12)(b) promoting and supporting human functions and responses;
         (12)(c) establishing an environment conducive to well-being;
         (12)(d) providing health counseling and teaching;
         (12)(e) collaborating with health care professionals on aspects of the health care regimen;
         (12)(f) performing delegated procedures only within the education, knowledge, judgment, and skill of the licensee;
         (12)(g) delegating nursing tasks that may be performed by others, including an unlicensed assistive personnel; and
         (12)(h) supervising an individual to whom a task is delegated under Subsection (12)(g) as the individual performs the task. See Utah Code 58-31b-102
  • Practice of registered nursing: means performing acts of nursing as provided in this Subsection (14) by an individual licensed under this chapter as a registered nurse within the generally recognized scope of practice of registered nurses as defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-31b-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-31b-501. See Utah Code 58-31b-102
  • Unlicensed assistive personnel: means any unlicensed individual, regardless of title, who is delegated a task by a licensed nurse as permitted by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the standards of the profession. See Utah Code 58-31b-102
(2) “Applicant” means an individual 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 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) “Diagnosis” means the identification of and discrimination between physical and psychosocial signs and symptoms essential to the effective execution and management of health care.
(6) “Examinee” means an individual who applies to take or does take any examination required under this chapter for licensure.
(7) “Licensee” means an individual who is licensed or certified under this chapter.
(8) “Long-term care facility” means any of the following facilities licensed by the Department of Health and Human Services pursuant to Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection:

     (8)(a) a nursing care facility;
     (8)(b) a small health care facility;
     (8)(c) an intermediate care facility for people with an intellectual disability;
     (8)(d) an assisted living facility Type I or II; or
     (8)(e) a designated swing bed unit in a general hospital.
(9) “Medication aide certified” means a certified nurse aide who:

     (9)(a) has a minimum of 2,000 hours experience working as a certified nurse aide;
     (9)(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
     (9)(c) is certified by the division as a medication aide certified.
(10)

     (10)(a) “Practice as a medication aide certified” means the limited practice of nursing under the supervision, as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, of a licensed nurse, involving routine patient care that requires minimal or limited specialized or general knowledge, judgment, and skill, to an individual who:

          (10)(a)(i) is ill, injured, infirm, has a physical, mental, developmental, or intellectual disability; and
          (10)(a)(ii) is in a regulated long-term care facility.
     (10)(b) “Practice as a medication aide certified”:

          (10)(b)(i) includes:

               (10)(b)(i)(A) providing direct personal assistance or care; and
               (10)(b)(i)(B) administering routine medications to patients in accordance with a formulary and protocols to be defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
          (10)(b)(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 and Human Services by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(11) “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. “Practice of advanced practice registered nursing” includes:

     (11)(a) maintenance and promotion of health and prevention of disease;
     (11)(b) diagnosis, treatment, correction, consultation, and referral;
     (11)(c) prescription or administration of prescription drugs or devices including:

          (11)(c)(i) local anesthesia;
          (11)(c)(ii) Schedule III-V controlled substances; and
          (11)(c)(iii) Schedule II controlled substances; or
     (11)(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:

          (11)(d)(i) preanesthesia preparation and evaluation including:

               (11)(d)(i)(A) performing a preanesthetic assessment of the patient;
               (11)(d)(i)(B) ordering and evaluating appropriate lab and other studies to determine the health of the patient; and
               (11)(d)(i)(C) selecting, ordering, or administering appropriate medications;
          (11)(d)(ii) anesthesia induction, maintenance, and emergence, including:

               (11)(d)(ii)(A) selecting and initiating the planned anesthetic technique;
               (11)(d)(ii)(B) selecting and administering anesthetics and adjunct drugs and fluids; and
               (11)(d)(ii)(C) administering general, regional, and local anesthesia;
          (11)(d)(iii) postanesthesia follow-up care, including:

               (11)(d)(iii)(A) evaluating the patient’s response to anesthesia and implementing corrective actions; and
               (11)(d)(iii)(B) selecting, ordering, or administering the medications and studies listed in this Subsection (11)(d);
          (11)(d)(iv) other related services within the scope of practice of a certified registered nurse anesthetist, including:

               (11)(d)(iv)(A) emergency airway management;
               (11)(d)(iv)(B) advanced cardiac life support; and
               (11)(d)(iv)(C) the establishment of peripheral, central, and arterial invasive lines; and
          (11)(d)(v) for purposes of this Subsection (11)(d), “upon the request of a licensed health care professional”:

               (11)(d)(v)(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
               (11)(d)(v)(B) does not require an advanced practice registered nurse specializing as a certified registered nurse anesthetist to obtain additional authority to select, administer, or provide preoperative, intraoperative, or postoperative anesthesia care and services.
(12) “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, and requires substantial specialized or general knowledge, judgment, and skill based upon principles of the biological, physical, behavioral, and social sciences. “Practice of nursing” includes:

     (12)(a) initiating and maintaining comfort measures;
     (12)(b) promoting and supporting human functions and responses;
     (12)(c) establishing an environment conducive to well-being;
     (12)(d) providing health counseling and teaching;
     (12)(e) collaborating with health care professionals on aspects of the health care regimen;
     (12)(f) performing delegated procedures only within the education, knowledge, judgment, and skill of the licensee;
     (12)(g) delegating nursing tasks that may be performed by others, including an unlicensed assistive personnel; and
     (12)(h) supervising an individual to whom a task is delegated under Subsection (12)(g) as the individual performs the task.
(13) “Practice of practical nursing” means the performance of nursing acts in the generally recognized scope of practice of licensed practical nurses as defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and as provided in this Subsection (13) by an individual 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 division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Practical nursing acts include:

     (13)(a) contributing to the assessment of the health status of individuals and groups;
     (13)(b) participating in the development and modification of the strategy of care;
     (13)(c) implementing appropriate aspects of the strategy of care;
     (13)(d) maintaining safe and effective nursing care rendered to a patient directly or indirectly; and
     (13)(e) participating in the evaluation of responses to interventions.
(14) “Practice of registered nursing” means performing acts of nursing as provided in this Subsection (14) by an individual licensed under this chapter as a registered nurse within the generally recognized scope of practice of registered nurses as defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Registered nursing acts include:

     (14)(a) assessing the health status of individuals and groups;
     (14)(b) identifying health care needs;
     (14)(c) establishing goals to meet identified health care needs;
     (14)(d) planning a strategy of care;
     (14)(e) prescribing nursing interventions to implement the strategy of care;
     (14)(f) implementing the strategy of care;
     (14)(g) maintaining safe and effective nursing care that is rendered to a patient directly or indirectly;
     (14)(h) evaluating responses to interventions;
     (14)(i) teaching the theory and practice of nursing; and
     (14)(j) managing and supervising the practice of nursing.
(15) “Registered nurse apprentice” means an individual licensed under Subsection 58-31b-301(2)(b) who is learning and engaging in the practice of registered nursing under the indirect supervision of an individual licensed under:

     (15)(a) Subsection 58-31b-301(2)(c), (e), or (f);
(16) “Routine medications”:

     (16)(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
     (16)(b) is limited to medications that are administered by the following routes:

          (16)(b)(i) oral;
          (16)(b)(ii) sublingual;
          (16)(b)(iii) buccal;
          (16)(b)(iv) eye;
          (16)(b)(v) ear;
          (16)(b)(vi) nasal;
          (16)(b)(vii) rectal;
          (16)(b)(viii) vaginal;
          (16)(b)(ix) skin ointments, topical including patches and transdermal;
          (16)(b)(x) premeasured medication delivered by aerosol/nebulizer; and
          (16)(b)(xi) medications delivered by metered hand-held inhalers.
(17) “Unlawful conduct” means the same as that term is defined in Sections 58-1-501 and 58-31b-501.
(18) “Unlicensed assistive personnel” means any unlicensed individual, regardless of title, who is delegated a task by a licensed nurse as permitted by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the standards of the profession.
(19) “Unprofessional conduct” means the same as that term is defined in Sections 58-1-501 and 58-31b-502 and as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

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