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[Utah Administrative Code Table of Contents]
[Title R156. Table of Contents]
R156-31b-101 Title.
These rules are known as the "Nurse Practice Act Rules".
R156-31b-102 Definitions.
In addition to the definitions in Title 58, Chapters 1 and 31b, as defined or used in these rules:
(1) "APRN" means an advanced practice registered nurse.
(2) "Approved continuing education" in Subsection R156-31b-303(3) means:
(a) continuing education that has been approved by a professional nationally recognized approver of health related continuing education;
(b) nursing education courses taken from an approved education program as defined in Section R156-31b-601; and
(c) health related course work taken from an educational institution accredited by a regional institutional accrediting body identified in the "Accredited Institutions of Postsecondary Education", 1997-98 edition, published for the Commission of Recognition of Postsecondary Accreditation of the American Council on Education.
(3) "Approved education program" as defined in Subsection 58-31b-102 (3) is further defined to include any nursing education program published in the documents entitled "State-Approved Schools of Nursing RN", 1998, and "State-Approved Schools of Nursing LPN/LVN", 1998, published by the National League for Nursing Accrediting Commission, which are hereby adopted and incorporated by reference as a part of these rules.
(4) "CCNE" means the Commission on Collegiate Nursing Education.
(5) "Contact hour" means 50 minutes.
(6) "CGFNS" means the Commission on Graduates of Foreign Nursing Schools.
(7) "CRNA" means a certified registered nurse anesthetist.
(8) "Delegation" means transferring to an individual the authority to perform a selected nursing task in a selected situation. The nurse retains accountability for the delegation.
(9) "Direct supervision" is the supervision required in Subsection 58-31b-306 (1)(a)(iii) and means:
(a) the person providing supervision shall be available on the premises at which the supervisee is engaged in practice; or
(b) if the supervisee is specializing in psychiatric mental health nursing, the supervisor may be remote from the supervisee if there is personal direct voice communication between the two prior to administering or prescribing a prescription drug.
(10) "Generally recognized scope and standards of advanced practice registered nursing" means the scope and standards of practice set forth in the "Scope and Standards of Advanced Practice Registered Nursing", 1996, published by the American Nurses Association, which is hereby adopted and incorporated by reference, or as established by the professional community.
(11) "Generally recognized scope of practice of licensed practical nurses" means the scope of practice set forth in the "Model Nursing Administrative Rules", 1994, published by the National Council of State Boards of Nursing, which is hereby adopted and incorporated by reference, or as established by the professional community.
(12) "Generally recognized scope of practice of registered nurses" means the scope of practice set forth in the "Standards of Clinical Nursing Practice", 2nd edition, 1998, published by the American Nurses Association, which is hereby adopted and incorporated by reference, or as established by the professional community.
(13) "Licensure by equivalency" as used in these rules means licensure as a licensed practical nurse after successful completion of course work in a registered nurse program which meets the criteria established in Section R156-31b-601.
(14) "LPN" means a licensed practical nurse.
(15) "NLNAC" means the National League for Nursing Accrediting Commission.
(16) "NCLEX" means the National Council Licensure Examination of the National Council of State Boards of Nursing.
(17) "Non-approved education program" means any foreign nurse education program.
(18) "Other specified health care professionals", as used in Subsection 58-31b-102 (12), who may direct the licensed practical nurse means:
(a) advanced practice registered nurse;
(b) certified nurse midwife;
(c) chiropractic physician;
(d) dentist;
(e) osteopathic physician;
(f) physician assistant;
(g) podiatric physician; and
(h) optometrist.
(19) "RN" means a registered nurse.
(20) "Supervision" in Section R156-31b-701 means the provision of guidance or direction, evaluation and follow up by the licensed nurse for accomplishment of a task delegated to unlicensed assistive personnel or other licensed individuals.
(21) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 31b, is further defined in Section R156-31b-502.
R156-31b-103 Authority - Purpose.
These rules are adopted by the division under the authority of Subsection 58-1-106 (1) to enable the division to administer Title 58, Chapter 31b.
R156-31b-104 Organization - Relationship to Rule R156-1.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.
R156-31b-201 Advisory Peer Committees Created - Membership - Duties.
There is created in accordance with Subsection 58-1-203 (6) and Section 58-31b-202 (2), the Advanced Practice Advisory Peer Committee whose duties and responsibilities include reviewing APRN applications and advising regarding practice issues.
R156-31b-202 Prescriptive Practice Peer Committee Audits.
In accordance with Subsection 58-31b-202 (1)(b)(ii), the Prescriptive Practice Peer Committee shall audit and review the prescribing records of APRNs by reviewing the controlled substance data bank. The prescribing records of five percent of APRNs with a controlled substance license will be reviewed on a quarterly basis.
R156-31b-301 License Classifications - Professional Upgrade.
Upon issuance and receipt of an increased scope of practice license, the increased licensure supersedes the lesser license which shall automatically expire and must be immediately destroyed by the licensee.
R156-31b-302a Qualifications for Licensure - Education Requirements.
In accordance with Sections 58-31b-302 and 58-31b-303 , the education requirements for licensure are defined as follows:
(1) Applicants for licensure by equivalency shall submit written verification from an approved registered nurse education program, verifying the applicant is currently enrolled and has completed course work which is equivalent to the course work of an NLNAC accredited practical nurse program.
(2) Applicants from foreign education programs shall submit a credentials evaluation report from one of the following credentialing services which verifies that the program completed by the applicant is equivalent to an approved practical nurse or registered nurse education program.
(a) Commission on Graduates of Foreign Nursing Schools;
(b) Foundation for International Services, Inc; or
(c) International Consultants of Delaware, Inc.
R156-31b-302b Qualifications for Licensure - Experience Requirements for APRNs Specializing as Psychiatric Mental Health Nurse Specialists.
In accordance with Subsection 58-31b-302 (3)(g), the supervised clinical practice in mental health therapy and psychiatric and mental health nursing shall:
(1) be a minimum of 4,000 hours, including 1,000 hours of mental health therapy and one hour of face to face supervision for every 20 hours of mental health therapy services provided;
(a) 1,000 hours shall be credited for completion of clinical experience in an approved education program in psychiatric mental health nursing. The remaining 3,000 hours shall:
(i) be completed while an employee, unless otherwise approved by the board and division, under the supervision of an approved supervisor; and
(ii) be completed under a program of supervision by a supervisor who meets the requirements under Subsection (3). At least 2,000 hours must be under the supervision of an APRN specializing as a psychiatric mental health nurse specialist.
(2) An applicant who has obtained all or part of the clinical practice hours outside of the state, may receive credit for that experience if it is demonstrated by the applicant that the training completed is equivalent to and in all respects meets the requirements under this section.
(3) An approved supervisor shall verify practice as a licensee engaged in the practice of mental health therapy for not less than 4,000 hours in a period of not less than two years.
(4) Duties and responsibilities of a supervisor include:
(a) being independent from control by the supervisee such that the ability of the supervisor to supervise and direct the practice of the supervisee is not compromised;
(b) supervising not more than three supervisees unless otherwise approved by the division in collaboration with the board; and
(c) submitting appropriate documentation to the division with respect to all work completed by the supervisee, including the supervisor's evaluation of the supervisee's competence to practice.
(5) An applicant for licensure by endorsement as an APRN specializing as a psychiatric mental health nurse specialist under the provisions of Section 58-1-302 shall demonstrate compliance with the clinical practice in psychiatric and mental health nursing requirement under Subsection 58-31b-302 (3)(g) by demonstrating that the applicant has successfully engaged in active practice as a psychiatric mental health nurse specialist for not less than 4,000 hours in the three years immediately preceding the application for licensure.
R156-31b-302c Qualifications for Licensure - Examination Requirements.
(1) In accordance with Section 58-31b-302 , the examination requirements for graduates of approved nursing programs are as follows.
(a) An applicant for licensure as an LPN or RN shall pass the applicable NCLEX examination.
(i) Candidates who fail to pass the NCLEX licensing examination within two years following completion of their educational program shall be required to submit a plan of action for approval by the division in collaboration with the board before being allowed to sit for additional examinations.
(b) An applicant for licensure as an APRN shall pass one of the following national certification examinations consistent with his educational specialty:
(i) one of the following examinations administered by the American Nurses Credentialing Center Certification:
(A) Adult Nurse Practitioner;
(B) Family Nurse Practitioner;
(C) School Nurse Practitioner;
(D) Pediatric Nurse Practitioner;
(E) Gerontological Nurse Practitioner;
(F) Acute Care Nurse Practitioner;
(G) Clinical Specialist in Medical-Surgical Nursing;
(H) Clinical Specialist in Gerontological Nursing;
(I) Clinical Specialist in Community Health Nursing;
(J) Clinical Specialist in Adult Psychiatric and Mental Health Nursing;
(K) Clinical Specialist in Child and Adolescent Psychiatric and Mental Health Nursing;
(ii) National Certification Board of Pediatric Nurse Practitioners and Nurses;
(iii) American Academy of Nurse Practitioners;
(iv) The National Certification Corporation for the Obstetric, Gynecologic and Neonatal Nursing Specialties;
(v) The Oncology Nursing Certification Corporation; or
(vi) The Advanced Practice Certification for the Clinical Nurse Specialist in Acute and Critical Care.
(c) An applicant for licensure as a CRNA shall pass the examination of the Council on Certification of the American Association of Nurse Anesthetists.
(2) In accordance with Section 58-31b-303 , the examination requirements for graduates of nonapproved nursing programs are as follows.
(a) An applicant for licensure as an LPN or RN shall pass the applicable NCLEX examination.
(i) Candidates who fail to pass the NCLEX licensing examination within two years following initial application for licensure shall be required to submit, for approval by the division in collaboration with the board, a plan of action detailing steps to be taken by the applicant to prepare to retake the examination, before being allowed to sit for additional examinations.
(b) If an applicant for licensure as an RN cannot document satisfactory practice for 4,000 hours in an approved jurisdiction, the applicant shall also pass the CGFNS examination.
R156-31b-303 Renewal Cycle - Procedures.
(1) In accordance with Subsection 58-1-308 (1), the renewal date for the two year renewal cycle applicable to licensees under Title 58, Chapter 31b, is established by rule in Section R156-1-308.
(2) Renewal procedures shall be in accordance with Section R156-1-308.
(3) Each applicant for renewal shall comply with the following continuing competence requirements:
(a) An LPN or RN shall complete one of the following during the two years immediately preceding the application for renewal:
(i) licensed practice for not less than 400 hours;
(ii) licensed practice for not less than 200 hours and completion of 15 contact hours of approved continuing education; or
(iii) completion of 30 contact hours of approved continuing education hours.
(b) An APRN shall complete the following:
(i) be currently certified or recertified in their specialty area of practice; and
(ii) actively participate in a quality review program defined in Section R156-31b-304.
(c) A CRNA shall complete the following:
(i) be currently certified or recertified as a CRNA; and
(ii) produce evidence of continuing participation in an anesthesia quality assurance program which meets the criteria set forth in the document "Implementing a Quality Assurance Program in Anesthesia Departments, an Action Plan of the Council on Nurse Anesthesia Practice", which is hereby adopted and incorporated by reference.
R156-31b-304 Quality Review Program.
In accordance with Subsection 58-31b-305 (3)(b), quality review programs must meet the following criteria for division approval.
(1) The program shall consist of a program provider (provider), program staff, and APRNs or physicians, and shall be under the direction of the quality review provider.
(2) The provider shall clearly demonstrate that its personnel have the knowledge and expertise in the practice of advanced practice registered nursing and quality review to permit the provider to competently conduct a quality review program.
(3) The review process shall be conducted on a regular, systematic basis.
(4) A quality review program shall provide in its agreement between the provider and the licensee that:
(a) Upon a finding of gross incompetence, gross negligence, or a pattern of incompetence or negligence, the provider shall submit its findings to the division for appropriate action.
(b) If the licensee fails to substantially comply with a corrective action plan determined appropriate by the provider after a negative review by the provider, said failure shall be reported to the division for appropriate action.
(c) The provider shall make available to the division the results of a quality review upon the proper issuance of a subpoena by the division.
R156-31b-306 Inactive Licensure.
(1) A licensee may apply for inactive licensure status in accordance with Sections 58-1-305 and R156-1-305.
(2) To reactivate a license which has been inactive for three years or less, the licensee must document current compliance with the continuing competency requirements as established in Subsection R156-31b-303(3).
(3) To reactivate a license which has been inactive for more than three years, the licensee must document active licensure in another state or jurisdiction or pass the required examinations as defined in Section R156-31b-302c within six months prior to making application to reactivate a license.
R156-31b-307 Reinstatement of Licensure.
(1) In accordance with Section 58-1-308 and Subsection R156-1-308e(3)(b), an applicant for reinstatement of a license which has been expired for three years or less, shall document current compliance with the continuing competency requirements as established in Subsection R156-31b-303(3).
(2) For purposes of reinstatement, the examination must be taken within three years of application, but need not be taken within two years of completing a nursing education program.
(3) The Division may waive the reinstatement fee for an individual who was licensed in Utah and moved to a Nurse Licensure Compact party state, who later returns to reside in Utah.
R156-31b-309 Intern Licensure.
(1) In accordance with Section 58-31b-306 , an intern license shall expire:
(a) immediately upon failing to take the first available examination;
(b) 30 days after notification, if the applicant fails the first available examination; or
(c) upon issuance of an APRN license.
(2) Regardless of the provisions of Subsection (1) of this section, the division in collaboration with the board may extend the term of any intern license upon a showing of extraordinary circumstances beyond the control of the applicant.
R156-31b-310 Licensure by Endorsement.
(1) In accordance with Section 58-1-302 , an individual who moves from a Nurse Licensure Compact party state does not need to hold a current license, but the former home state license must have been in good standing at the time of expiration.
(2) An individual under Subsection (1) who has not been licensed or practicing nursing for three years or more is required to retake the licensure examination to demonstrate good standing within the profession.
R156-31b-401 Disciplinary Proceedings.
(1) An individual licensed as an LPN who is currently under disciplinary action and qualifies for licensure as an RN may be issued an RN license under the same restrictions as the LPN.
(2) A nurse whose license is suspended under Subsection 58-31b-401 (2)(d) may petition the division at any time that he can demonstrate that he can resume the competent practice of nursing.
R156-31b-402 Administrative Penalties.
In accordance with Subsections 58-31b-102 (1) and 58-31b-402 (1), unless otherwise ordered by the presiding officer, the following fine schedule shall apply.
(1) Using a protected title:
initial offense: $100 - $300
subsequent offense(s): $250 - $500
(2) Using any title that would cause a reasonable person to believe the user is licensed under this chapter:
initial offense: $50 - $250
subsequent offense(s): $200 - $500
(3) Conducting a nursing education program in the state for the purpose of qualifying individuals for licensure without board approval:
initial offense: $1,000 - $3,000
subsequent offense(s): $5,000 - $10,000
(4) Practicing or attempting to practice nursing without a license or with a restricted license:
initial offense: $500 - $2,000
subsequent offense(s): $2,000 - $10,000
(5) Impersonating a licensee or practicing under a false name:
initial offense: $500 - $2,000
subsequent offense(s): $2,000 - $10,000
(6) Knowingly employing an unlicensed person:
initial offense: $500 - $1,000
subsequent offense(s): $1,000 - $5,000
(7) Knowingly permitting the use of a license by another person:
initial offense: $500 - $1,000
subsequent offense(s): $1,000 - $5,000
(8) Obtaining a passing score, applying for or obtaining a license, or otherwise dealing with the division or board through the use of fraud, forgery, intentional deception, misrepresentation, misstatement, or omission:
initial offense: $500 - $2,000
subsequent offense(s): $2,000 - $10,000
(9) violating or aiding or abetting any other person to violate any statute, rule, or order regulating nursing:
initial offense: $500 - $2,000
subsequent offense(s): $2,000 - $10,000
(10) violating, or aiding or abetting any other person to violate any generally accepted professional or ethical standard:
initial offense: $500 - $2,000
subsequent offense(s): $2,000 - $10,000
(11) Engaging in conduct that results in convictions or, or a plea of nolo contendere to a crime of moral turpitude or other crime:
initial offense: $500 - $2,000
subsequent offense(s): $2,000 - $10,000
(12) Engaging in conduct that results in disciplinary action by any other jurisdiction or regulatory authority:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(13) Engaging in conduct, including the use of intoxicants, drugs to the extent that the conduct does or may impair the ability to safely engage in practice as a nurse:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(14) Practicing or attempting to practice as a nurse when physically or mentally unfit to do so:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(15) Practicing or attempting to practice as a nurse through gross incompetence, gross negligence, or a pattern of incompetency or negligence:
initial offense: $500 - $2,000
subsequent offense(s): $2,000 - $10,000
(16) Practicing or attempting to practice as a nurse by any form of action or communication which is false, misleading, deceptive, or fraudulent:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(17) Practicing or attempting to practice as a nurse beyond the individual's scope of competency, abilities, or education:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(18) Practicing or attempting to practice as a nurse beyond the scope of licensure:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(19) Verbally, physically, mentally, or sexually abusing or exploiting any person through conduct connected with the licensee's practice:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(20) Failure to safeguard a patient's right to privacy:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(21) Failure to provide nursing service in a manner that demonstrates respect for the patient's human dignity:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(22) Engaging in sexual relations with a patient:
initial offense: $5,000 - $10,000
subsequent offense(s): $10,000
(23) Unlawfully obtaining, possessing, or using any prescription drug or illicit drug:
initial offense: $200 - $1,000
subsequent offense(s): $500 - $2,000
(24) Unauthorized taking or personal use of nursing supplies from an employer:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(25) Unauthorized taking or personal use of a patient's personal property:
initial offense: $200 - $1,000
subsequent offense(s): $500 - $2,000
(26) Knowingly entering false or misleading information into a medical record or altering a medical record:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(27) Unlawful or inappropriate delegation of nursing care:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(28) Failure to exercise appropriate supervision:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(29) Employing or aiding and abetting the employment of unqualified or unlicensed person to practice:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(30) Failure to file or impeding the filing of required reports:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
(31) Breach of confidentiality:
initial offense: $200 - $1,000
subsequent offense(s): $500 - $2,000
(32) Failure to pay a penalty:
Double the original penalty amount up to $10,000
(33) Prescribing a schedule II-III controlled substance without a consulting physician or outside of a consultation and referral plan:
initial offense: $500 - $1,000
subsequent offense(s): $500 - $2,000
(34) Failure to confine practice within the limits of competency:
initial offense: $500 - $1,000
subsequent offense(s): $500 - $2,000
(35) Any other conduct which constitutes unprofessional or unlawful conduct:
initial offense: $100 - $500
subsequent offense(s): $200 - $1,000
R156-31b-502 Unprofessional Conduct.
"Unprofessional conduct" includes:
(1) failing to destroy a license which has expired due to the issuance and receipt of an increased scope of practice license;
(2) an RN issuing a prescription for a prescription drug to a patient except in accordance with the provisions of Section 58-17a-620 , or as may be otherwise provided by law;
(3) failing as the nurse accountable for directing nursing practice of an agency to verify any of the following:
(a) that standards of nursing practice are established and carried out so that safe and effective nursing care is provided to patients;
(b) that guidelines exist for the organizational management and management of human resources needed for safe and effective nursing care to be provided to patients;
(c) nurses' knowledge, skills and ability and determine current competence to carry out the requirements of their jobs.
R156-31b-601 Nursing Education Program Standards.
In accordance with Subsection 58-31b-601 (2), the minimum standards that a nursing education program must meet to qualify graduates for licensure under this chapter, which are hereby adopted and incorporated by reference, are respectively:
(1) the "Interpretive Guidelines for Standards and Criteria, Practical Nursing Programs", 1997 Revised, published by the NLNAC.
(2) the "Interpretive Guidelines for Standards and Criteria, Associate Degree Programs in Nursing, 1997 Revised, published by the NLNAC.
(3) the "Interpretive Guidelines for Standards and Criteria, Baccalaureate and Higher Degree Programs in Nursing, 1997 Revised, published by the NLNAC, or the "Standards of Accreditation of Baccalaureate and Graduate Nursing Education Programs", February 1998, published by the CCNE.
R156-31b-602 Nursing Education Program Full Approval.
(1) Full approval of a nursing program shall be granted when it becomes accredited by the NLNAC or the CCNE.
(2) Programs which have been granted full approval as of the effective date of these rules and are not accredited, must become accredited within five years or be placed on probationary status.
R156-31b-603 Nursing Education Program Provisional Approval.
(1) The division may grant provisional approval to a nursing education program for a period not to exceed three years after the date of the first graduating class, provided the program:
(a) is located or available within the state;
(b) is newly organized;
(c) meets all standards for approval except accreditation; and
(d) is progressing in a reasonable manner to qualify for full approval by obtaining accreditation.
(2) A nursing education program that receives approval from the Utah Board of Regents shall be granted provisional approval status by the Division in collaboration with the Board. Provisional approval granted under this subsection shall not exceed a time period of three years after the date of the first graduating class.
(3) Programs which have been granted provisional approval status shall submit an annual report to the Division on the form prescribed by the Division.
(4) Programs which have been granted provisional approval as of the effective date of these rules and are not accredited, must become accredited within five years.
R156-31b-604 Nursing Education Program Probationary Approval.
(1) The division may place on probationary approval status a nursing education program for a period not to exceed three years provided the program:
(a) is located or available within the state;
(b) is found to be out of compliance with the standards for full approval to the extent that the ability of the program to competently educate nursing students is impaired; and
(c) provides a plan of correction which is reasonable and includes an adequate safeguard of the student and public.
(2) The division may place on probationary approval status a program which implements an outreach program or satellite program without prior notification of the Division.
(3) Programs which have been granted probationary approval status shall submit an annual report to the division on the form prescribed by the division.
R156-31b-605 Nursing Education Program Notification of Change.
(1) Educational institutions wishing to begin a new nursing education program shall submit an application to the division for approval at least one year prior to the implementation of the program, or shall document program approval from the Utah Board of Regents.
(2) An approved program that expands onto a satellite campus or implements an outreach program shall notify the Division at least one semester before the intended change.
R156-31b-606 Nursing Education Program Surveys.
The division may conduct a survey of nursing education programs to monitor compliance with these rules.
R156-31b-701 Delegation of Nursing Tasks.
In accordance with Subsection 58-31b-102 (10)(g), the delegation of nursing tasks is further defined, clarified, or established as follows:
(1) The nurse delegating tasks retains the accountability for the appropriate delegation of tasks and for the nursing care of the patient/client. The licensed nurse shall not delegate any task requiring the specialized knowledge, judgment and skill of a licensed nurse to an unlicensed assistive personnel. It is the licensed nurse who shall use professional judgment to decide whether or not a task is one that must be performed by a nurse or may be delegated to an unlicensed assistive personnel. This precludes a list of nursing tasks that can be routinely and uniformly delegated for all patients/clients in all situations. The decision to delegate must be based on careful analysis of the patient's/client's needs and circumstances.
(2) The licensed nurse who is delegating a nursing task shall:
(a) verify and evaluate the orders;
(b) perform a nursing assessment;
(c) determine whether the task can be safely performed by an unlicensed assistive personnel or whether it requires a licensed health care provider;
(d) verify that the delegatee has the competence to perform the delegated task prior to performing it;
(e) provide instruction and direction necessary to safely perform the specific task; and
(f) provide ongoing supervision and evaluation of the delegatee who is performing the task.
(3) The delegator shall evaluate the situation to determine the degree of supervision required to ensure safe care.
(a) The following factors shall be evaluated to determine the level of supervision needed:
(i) the stability of the condition of the patient/client;
(ii) the training and capability of the delegatee;
(iii) the nature of the task being delegated; and
(iv) the proximity and availability of the delegator to the delegatee when the task will be performed.
(b) The delegating nurse or another qualified nurse shall be readily available either in person or by telecommunication. The delegator responsible for the care of the patient/client shall make supervisory visits at appropriate intervals to:
(i) evaluate the patient's/client's health status;
(ii) evaluate the performance of the delegated task;
(iii) determine whether goals are being met; and
(iv) determine the appropriateness of continuing delegation of the task.
(4) Nursing tasks, to be delegated, shall meet the following criteria as applied to each specific patient/client situation:
(a) be considered routine care for the specific patient/client;
(b) pose little potential hazard for the patient/client;
(c) be performed with a predictable outcome for the patient/client;
(d) be administered according to a previously developed plan of care; and
(e) not inherently involve nursing judgment which cannot be separated from the procedure.
(5) If the nurse, upon review of the patient's/client's condition, complexity of the task, ability of the unlicensed assistive personnel and other criteria as deemed appropriate by the nurse, determines that the unlicensed assistive personnel cannot safely provide care, the nurse shall not delegate the task.
R156-31b-702 Scope of Practice.
(1) The lawful scope of practice for an RN employed by a department of health shall include implementation of standing orders and protocols, and completion and providing to a patient of prescriptions which have been prepared and signed by a physician in accordance with the provisions of Section 58-17a-620.
(2) An APRN who chooses to change or expand from a primary focus of practice must be able to document competency within that expanded practice based on education, experience and certification. The burden to demonstrate competency rests upon the licensee.
[Indexing]
KEY: licensing, nurses
November 16, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
58-31b-101
58-1-106
(1)
58-1-202
(1)
