H.B. 299

1

NURSE PRACTICE ACT AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca D. Lockhart
5 Senate Sponsor: Allen M. Christensen
6
7 LONG TITLE
8 General Description:
9 This bill amends how a licensee or potential licensee charged with a felony is treated
10 under the Nurse Practice Act for purposes of licensure.
11 Highlighted Provisions:
12 This bill:
13 . deletes existing licensing provisions under the Nurse Practice Act for persons
14 charged with a felony;
15 . enacts new provisions that make a distinction between violent and nonviolent
16 felonies; and
17 . specifies what impact a felony charge has on a person's license or ability to seek
18 licensure under the Nurse Practice Act.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 58-31b-302, as last amended by Chapter 291, Laws of Utah 2006
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 58-31b-302 is amended to read:
29 58-31b-302. Qualifications for licensure or certification -- Criminal background
30 checks.
31 (1) An applicant for certification as a medication aide shall:
32 (a) submit an application to the division on a form prescribed by the division;
33 (b) pay a fee to the division as determined under Section 63-38-3.2 ;
34 (c) have a high school diploma or its equivalent;
35 (d) have a current certification as a nurse aide, in good standing, from the Department
36 of Health;
37 (e) have a minimum of 2,000 hours of experience within the two years prior to
38 application, working as a certified nurse aide in a long-term care facility;
39 (f) obtain letters of recommendation from a long-term care facility administrator and
40 one licensed nurse familiar with the applicant's work practices as a certified nurse aide;
41 (g) be in a condition of physical and mental health that will permit the applicant to
42 practice safely as a medication aide certified;
43 (h) have completed an approved education program or an equivalent as determined by
44 the division in collaboration with the board;
45 (i) have passed the examinations as required by division rule made in collaboration
46 with the board; and
47 (j) meet with the board, if requested, to determine the applicant's qualifications for
48 certification.
49 (2) An applicant for licensure as a licensed practical nurse shall:
50 (a) submit to the division an application in a form prescribed by the division;
51 (b) pay to the division a fee determined under Section 63-38-3.2 ;
52 (c) have a high school diploma or its equivalent;
53 (d) be in a condition of physical and mental health that will permit the applicant to
54 practice safely as a licensed practical nurse;
55 (e) have completed an approved practical nursing education program or an equivalent
56 as determined by the board;
57 (f) have passed the examinations as required by division rule made in collaboration
58 with the board; and

59 (g) meet with the board, if requested, to determine the applicant's qualifications for
60 licensure.
61 (3) An applicant for licensure as a registered nurse shall:
62 (a) submit to the division an application form prescribed by the division;
63 (b) pay to the division a fee determined under Section 63-38-3.2 ;
64 (c) have a high school diploma or its equivalent;
65 (d) be in a condition of physical and mental health that will allow the applicant to
66 practice safely as a registered nurse;
67 (e) have completed an approved registered nursing education program;
68 (f) have passed the examinations as required by division rule made in collaboration
69 with the board; and
70 (g) meet with the board, if requested, to determine the applicant's qualifications for
71 licensure.
72 (4) Applicants for licensure as an advanced practice registered nurse shall:
73 (a) submit to the division an application on a form prescribed by the division;
74 (b) pay to the division a fee determined under Section 63-38-3.2 ;
75 (c) be in a condition of physical and mental health which will allow the applicant to
76 practice safely as an advanced practice registered nurse;
77 (d) hold a current registered nurse license in good standing issued by the state or be
78 qualified at the time for licensure as a registered nurse;
79 (e) have earned a graduate degree in an advanced practice registered nurse nursing
80 education program or a related area of specialized knowledge as determined appropriate by the
81 division in collaboration with the board;
82 (f) have completed course work in patient assessment, diagnosis and treatment, and
83 pharmacotherapeutics from an education program approved by the division in collaboration
84 with the board;
85 (g) have successfully completed clinical practice in psychiatric and mental health
86 nursing, including psychotherapy as defined by division rule, after completion of the masters
87 degree required for licensure, to practice within the psychiatric and mental health nursing
88 specialty;
89 (h) have passed the examinations as required by division rule made in collaboration

90 with the board;
91 (i) be currently certified by a program approved by the division in collaboration with
92 the board and submit evidence satisfactory to the division of the certification; and
93 (j) meet with the board, if requested, to determine the applicant's qualifications for
94 licensure.
95 (5) An applicant for licensure as a certified registered nurse anesthetist shall:
96 (a) submit to the division an application on a form prescribed by the division;
97 (b) pay to the division a fee determined under Section 63-38-3.2 ;
98 (c) be in a condition of physical and mental health which will allow the applicant to
99 practice safely as a certified registered nurse anesthetist;
100 (d) hold a current registered nurse license in good standing issued by the state or be
101 qualified at the time for licensure as a registered nurse;
102 (e) complete a nurse anesthesia program which is approved by the Council on
103 Accreditation of Nurse Anesthesia Educational Programs;
104 (f) be currently certified by a program approved by the division in collaboration with
105 the board and submit evidence satisfactory to the division of the certification; and
106 (g) meet with the board, if requested, to determine the applicant's qualifications for
107 licensure.
108 (6) [An] For each applicant for licensure or certification under this chapter:
109 (a) [(i)] the applicant shall:
110 (i) submit fingerprint cards in a form acceptable to the division at the time the [license]
111 application is filed; and [shall]
112 (ii) consent to a fingerprint background check by the Utah Bureau of Criminal
113 Identification and the Federal Bureau of Investigation regarding the application; and
114 [(ii)] (b) the division shall request the Department of Public Safety to complete a
115 Federal Bureau of Investigation criminal background check [for each applicant] through the
116 national criminal history system (NCIC) or any successor system[; and].
117 [(b) if convicted of one or more felonies, must receive an absolute discharge from the
118 sentences for all felony convictions five or more years prior to the date of filing an application
119 for licensure or certification under this chapter.]
120 (7) For purposes of conducting the criminal background checks required in Subsection

121 (6), the division shall have direct access to criminal background information maintained
122 pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
123 (8) (a) (i) Any new nurse license or certification issued under this section shall be
124 conditional, pending completion of the criminal background check.
125 (ii) If the criminal background check discloses the applicant has failed to accurately
126 disclose a criminal history, the license or certification shall be immediately and automatically
127 revoked.
128 (b) (i) Any person whose conditional license or certification has been revoked under
129 Subsection (8)(a) shall be entitled to a postrevocation hearing to challenge the revocation.
130 (ii) The hearing shall be conducted in accordance with Title 63, Chapter 46b,
131 Administrative Procedures Act.
132 (9) (a) If a person has been charged with a violent felony, as defined in Subsection
133 76-3-203.5 (1)(c), and, as a result, the person has been convicted, entered a plea of guilty or
134 nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the
135 successful completion of probation:
136 (i) the person is disqualified for licensure under this chapter; and
137 (ii) (A) if the person is licensed under this chapter, the division:
138 (I) shall act upon the license as required under Section 58-1-401 ; and
139 (II) may not renew or subsequently issue a license to the person under this chapter; and
140 (B) if the person is not licensed under this chapter, the division may not issue a license
141 to the person under this chapter.
142 (b) If a person has been charged with a felony other than a violent felony, as defined in
143 Subsection 76-3-203.5 (1)(c), and, as a result, the person has been convicted, entered a plea of
144 guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance
145 pending the successful completion of probation:
146 (i) if the person is licensed under this chapter, the division shall determine whether the
147 felony disqualifies the person for licensure under this chapter and act upon the license, as
148 required, in accordance with Section 58-1-401 ; and
149 (ii) if the person is not licensed under this chapter, the person may not file an
150 application for licensure under this chapter any sooner than five years after having completed
151 the conditions of the sentence or plea agreement.

Legislative Review Note
as of 1-18-07 8:54 AM

Office of Legislative Research and General Counsel