1     
NURSING EDUCATION PROGRAM AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill amends the provisions related to unaccredited nursing education programs.
10     Highlighted Provisions:
11          This bill:
12          ▸     enables the Division of Occupational and Professional Licensing to approve a
13     qualified nursing education program for up to five years under certain conditions;
14          ▸     grants rulemaking authority to the Division of Occupational and Professional
15     Licensing for approving a nursing education program for another period of
16     approval; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          58-31b-601, as last amended by Laws of Utah 2020, Chapter 272
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 58-31b-601 is amended to read:
28          58-31b-601. Minimum standards for nursing programs to qualify graduates --
29     Temporary approval to qualify graduates for licensure -- Minimum standards for
30     medication aide training to qualify persons for certification.
31          (1) Except as provided in [Subsection (2)] Subsections (2) and (3), to qualify as an
32     approved education program for the purpose of qualifying graduates for licensure under this
33     chapter, a nursing education program shall be accredited by an accrediting body for nursing
34     education that is [approved] recognized by the United States Department of Education.
35          (2) (a) [In accordance with Subsection (2)(b) and Title 63G, Chapter 3, Utah
36     Administrative Rulemaking Act, the] The division, in consultation with the board, may [make
37     rules establishing requirements for a nursing education program to qualify for a limited time as
38     an approved education program] approve a nursing education program for up to five years, for
39     the purpose of qualifying graduates for licensure under this chapter, if the program:
40          (i) [(A) is in the process of obtaining] holds candidacy or is in the process of applying
41     for candidacy for the accreditation described in Subsection (1);
42          (ii) has been denied initial accreditation after holding candidacy for the accreditation
43     described in Subsection (1); or
44          (iii) is no longer accredited under Subsection (1); and
45          (b) has not previously received a term of approval granted by the division.
46          [(B) has recently been denied accreditation after seeking to obtain the accreditation
47     described in Subsection (1); or]
48          [(C) has recently lost the accreditation described in Subsection (1); and]
49          [(ii) is approved under Subsection (2)(a) on or before May 15, 2016.]
50          [(b) A program approved under Subsection (2)(a) may qualify graduates for licensure
51     under Subsection (2)(a) until June 30, 2022.]
52          [(c) Beginning November 30, 2020, a program approved under Subsection (2)(a) may
53     not enroll any new students into the program unless:]
54          [(i) the program has a final site visit scheduled with a nursing program accreditor for
55     the accreditation described in Subsection (1); and]
56          [(ii) the final site visit described in Subsection (2)(c)(i) is scheduled during the period
57     beginning November 30, 2020, and ending May 30, 2021.]
58          [(d) On or after July 1, 2022, a nursing education program that is not an approved
59     education program under Subsection (1) may not qualify graduates for licensure under this
60     chapter.]
61          (3) (a) For a nursing education program that has previously received a term of approval
62     granted under Subsection (2), the division may reapprove the nursing education program for
63     the purpose of qualifying graduates for licensure if:
64          (i) the reapproval is for a period that does not exceed five years; and
65          (ii) a minimum of 12 months has passed since the day on which the previous term of
66     approval expired.
67          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
68     division, in consultation with the board, shall make rules to implement Subsection (3)(a).
69          [(3)] (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
70     Act, and the provisions of this chapter, the division shall make rules defining the minimum
71     standards for a medication aide certified training program to qualify a person for certification
72     under this chapter as a medication aide certified.