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S.B. 252 Enrolled






Sponsor: Paula F. Julander

                  This act modifies the Nurse Practices Act. The act modifies the exemptions from
                  licensure to permit a person who is self directing his own personal care in his private
                  residence to employ a person to assist him in his care.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      58-31b-308, as last amended by Chapter 290, Laws of Utah 2002
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 58-31b-308 is amended to read:
                       58-31b-308. Exemptions from licensure or registration.
                      (1) In addition to the exemptions from licensure in Section 58-1-307 , the following
                  persons may engage in acts included within the definition of the practice of nursing, subject to
                  the stated circumstances and limitations, without being licensed under this chapter:
                      (a) friends, family members, foster parents, or legal guardians of a patient performing
                  gratuitous nursing care for the patient;
                      (b) persons providing care in a medical emergency;
                      (c) persons engaged in the practice of religious tenets of a church or religious
                  denomination; and
                      (d) after July 1, 2000, a person licensed to practice nursing by a jurisdiction that has
                  joined the Nurse Licensure Compact to the extent permitted by Section 58-31c-102 .
                      (2) Notwithstanding Subsection (1)(d), the division may, in accordance with Section
                  58-31c-102 , limit or revoke practice privileges in this state of a person licensed to practice
                  nursing by a jurisdiction that has joined the Nurse Licensing Compact.
                      (3) In addition to the exemptions from licensure under Section 58-1-307 , the following
                  individuals may engage in acts or practices included in the practice of a health care assistant,

                  within the stated limitations, without being registered under this chapter:
                      (a) an individual providing gratuitous care for another individual;
                      (b) a volunteer, whether or not he receives token compensation other than salary or
                      (i) in programs sponsored or authorized by federal Public Law 93-113; or
                      (ii) at any regulated facility; and
                      (c) individuals providing:
                      (i) services generally considered independent living activities such as preparing meals,
                  shopping for personal items or groceries, managing money, using the telephone, performing
                  housekeeping, and other similar activities not involving direct personal assistance and care as the
                  division may define by rule; and
                      (ii) child day care or baby-sitting, whether or not the services are subject to licensure
                  under Title 26, Chapter 39, Utah Child Care Licensing Act; [or]
                      (d) an individual employed on an intermittent basis to provide a specified limited period
                  of care for an adult or child with disabilities needing regular daily care, in order to allow the
                  relative or other person who is the adult or child's regular and unpaid caretaker respite from his or
                  her caregiver duties regarding the adult or child[.]; or
                      (e) notwithstanding Subsection 58-31b-102 (11) an individual employed by another
                  person who is self directing his personal care in his private residence.

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