Terms Used In Utah Code > Title 58 > Chapter 44a > Part 5 - Unlawful and Unprofessional Conduct - Penalties

• Administrative penalty: means a monetary fine 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. See Utah Code 58-44a-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Consulting physician: means a physician and surgeon or osteopathic physician:
       (4)(a) with an unrestricted license as a physician;
       (4)(b) qualified by education, training, and current practice in obstetrics, gynecology, or both to act as a consulting physician to a nurse midwife practicing under this chapter and providing intrapartum care or prescribing Schedule II-III controlled substances; and
       (4)(c) who is available to consult with a nurse midwife, which does not include the consulting physician being present at the time or place the nurse midwife is engaged in practice. See Utah Code 58-44a-102
• Conviction: A judgement of guilt against a criminal defendant.
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Individual: means a natural person. See Utah Code 58-44a-102
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• Nurse midwife: means a person licensed under this chapter to engage in practice as a certified nurse midwife. See Utah Code 58-44a-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
• Physician: means a physician and surgeon or osteopathic surgeon licensed under Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-44a-102
• Practice as a certified nurse midwife: means :
       (9)(a) practice as a registered nurse as defined in Section 58-31b-102, and as consistent with the education, training, experience, and current competency of the licensee;
       (9)(b) practice of nursing within the generally recognized scope and standards of nurse midwifery as defined by rule and consistent with professionally recognized preparations and educational standards of a certified nurse midwife by a person licensed under this chapter, which practice includes:

            (9)(b)(i) having a safe mechanism for obtaining medical consultation, collaboration, and referral with one or more consulting physicians who have agreed to consult, collaborate, and receive referrals, but who are not required to sign a written document regarding the agreement;

            (9)(b)(ii) providing a patient with information regarding other health care providers and health care services and referral to other health care providers and health care services when requested or when care is not within the scope of practice of a certified nurse midwife; and

            (9)(b)(iii) maintaining written documentation of the parameters of service for independent and collaborative midwifery management and transfer of care when needed; and
       (9)(c) the authority to:

            (9)(c)(i) elicit and record a patient's complete health information, including physical examination, history, and laboratory findings commonly used in providing obstetrical, gynecological, and well infant services to a patient;

            (9)(c)(ii) assess findings and upon abnormal findings from the history, physical examination, or laboratory findings, manage the treatment of the patient, collaborate with the consulting physician or another qualified physician, or refer the patient to the consulting physician or to another qualified physician as appropriate;

            (9)(c)(iii) diagnose, plan, and implement appropriate patient care, including the administration and prescribing of:

                 (9)(c)(iii)(A) prescription drugs;

                 (9)(c)(iii)(B) schedule IV-V controlled substances; and

                 (9)(c)(iii)(C) schedule II-III controlled substances in accordance with a consultation and referral plan;

            (9)(c)(iv) evaluate the results of patient care;

            (9)(c)(v) consult as is appropriate regarding patient care and the results of patient care;

            (9)(c)(vi) manage the intrapartum period according to accepted standards of nurse midwifery practice and a written intrapartum referral plan, including performance of routine episiotomy and repairs, and administration of anesthesia, including local, pudendal, or paracervical block anesthesia, but not including general anesthesia and major conduction anesthesia;

            (9)(c)(vii) manage the postpartum period;

            (9)(c)(viii) provide gynecological services;

            (9)(c)(ix) provide noncomplicated newborn and infant care to the age of one year; and

            (9)(c)(x) represent or hold oneself out as a certified nurse midwife, or nurse midwife, or use the title certified nurse midwife, nurse midwife, or the initials C. See Utah Code 58-44a-102
• Unlawful conduct: means the same as that term is defined in Subsection 58-1-501(1). See Utah Code 58-1-102