1     
CERTIFIED NURSING ASSISTANTS AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill allows a certified nurse aide to obtain experience at a health care facility that is
10     designated by the Division of Professional Licensing.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a certified nurse aide to obtain experience at a health care facility that is
14     designated by the Division of Professional Licensing; and
15          ▸     allows the certified nurse aide applicant to obtain a letter of recommendation from a
16     health care facility administrator.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-31b-302, as last amended by Laws of Utah 2022, Chapter 277
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 58-31b-302 is amended to read:
27          58-31b-302. Qualifications for licensure or certification -- Criminal background

28     checks.
29          (1) An applicant for certification as a medication aide shall:
30          (a) submit an application to the division on a form prescribed by the division;
31          (b) pay a fee to the division as determined under Section 63J-1-504;
32          (c) have a high school diploma or its equivalent;
33          (d) have a current certification as a nurse aide, in good standing, from the Department
34     of Health and Human Service;
35          (e) have a minimum of 2,000 hours of experience within the two years prior to
36     application, working as a certified nurse aide in a long-term care facility or another health care
37     facility that is designated by the division in collaboration with the board;
38          (f) obtain letters of recommendation from a [long-term care] health care facility
39     administrator and one licensed nurse familiar with the applicant's work practices as a certified
40     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 63J-1-504;
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 a registered nurse apprentice license 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 63J-1-504;
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 apprentice;
67          (e) as determined by an approved registered nursing education program, be:
68          (i) in good standing with the program; and
69          (ii) in the last semester, quarter, or competency experience;
70          (f) have written permission from the program in which the applicant is enrolled; and
71          (g) meet with the board, if requested, to determine the applicant's qualifications for
72     licensure.
73          (4) An applicant for licensure as a registered nurse shall:
74          (a) submit to the division an application form prescribed by the division;
75          (b) pay to the division a fee determined under Section 63J-1-504;
76          (c) have a high school diploma or its equivalent;
77          (d) be in a condition of physical and mental health that will allow the applicant to
78     practice safely as a registered nurse;
79          (e) have completed an approved registered nursing education program;
80          (f) have passed the examinations as required by division rule made in collaboration
81     with the board; and
82          (g) meet with the board, if requested, to determine the applicant's qualifications for
83     licensure.
84          (5) Applicants for licensure as an advanced practice registered nurse shall:
85          (a) submit to the division an application on a form prescribed by the division;
86          (b) pay to the division a fee determined under Section 63J-1-504;
87          (c) be in a condition of physical and mental health which will allow the applicant to
88     practice safely as an advanced practice registered nurse;
89          (d) hold a current registered nurse license in good standing issued by the state or be

90     qualified at the time for licensure as a registered nurse;
91          (e) (i) have earned a graduate degree in:
92          (A) an advanced practice registered nurse nursing education program; or
93          (B) a related area of specialized knowledge as determined appropriate by the division
94     in collaboration with the board; or
95          (ii) have completed a nurse anesthesia program in accordance with Subsection
96     (5)(f)(ii);
97          (f) have completed:
98          (i) course work in patient assessment, diagnosis and treatment, and
99     pharmacotherapeutics from an education program approved by the division in collaboration
100     with the board; or
101          (ii) a nurse anesthesia program which is approved by the Council on Accreditation of
102     Nurse Anesthesia Educational Programs;
103          (g) to practice within the psychiatric mental health nursing specialty, demonstrate, as
104     described in division rule, that the applicant, after completion of a doctorate or master's degree
105     required for licensure, is in the process of completing the applicant's clinical practice
106     requirements in psychiatric mental health nursing, including in psychotherapy;
107          (h) have passed the examinations as required by division rule made in collaboration
108     with the board;
109          (i) be currently certified by a program approved by the division in collaboration with
110     the board and submit evidence satisfactory to the division of the certification; and
111          (j) meet with the board, if requested, to determine the applicant's qualifications for
112     licensure.
113          (6) For each applicant for licensure or certification under this chapter except an
114     applicant under Subsection 58-31b-301(2)(b):
115          (a) the applicant shall:
116          (i) submit fingerprint cards in a form acceptable to the division at the time the
117     application is filed; and
118          (ii) consent to a fingerprint background check conducted by the Bureau of Criminal
119     Identification and the Federal Bureau of Investigation regarding the application;
120          (b) the division shall:

121          (i) in addition to other fees authorized by this chapter, collect from each applicant
122     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
123     Identification is authorized to collect for the services provided under Section 53-10-108 and the
124     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
125     obtaining federal criminal history record information;
126          (ii) submit from each applicant the fingerprint card and the fees described in this
127     Subsection (6)(b) to the Bureau of Criminal Identification; and
128          (iii) obtain and retain in division records a signed waiver approved by the Bureau of
129     Criminal Identification in accordance with Section 53-10-108 for each applicant; and
130          (c) the Bureau of Criminal Identification shall, in accordance with the requirements of
131     Section 53-10-108:
132          (i) check the fingerprints submitted under Subsection (6)(b) against the applicable state
133     and regional criminal records databases;
134          (ii) forward the fingerprints to the Federal Bureau of Investigation for a national
135     criminal history background check; and
136          (iii) provide the results from the state, regional, and nationwide criminal history
137     background checks to the division.
138          (7) For purposes of conducting the criminal background checks required in Subsection
139     (6), the division shall have direct access to criminal background information maintained
140     pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
141          (8) (a) (i) Any new nurse license or certification issued under this section shall be
142     conditional, pending completion of the criminal background check.
143          (ii) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
144     criminal background check discloses the applicant has failed to accurately disclose a criminal
145     history, the license or certification shall be immediately and automatically revoked upon notice
146     to the licensee by the division.
147          (b) (i) An individual whose conditional license or certification has been revoked under
148     Subsection (8)(a) is entitled to a postrevocation hearing to challenge the revocation.
149          (ii) A postrevocation hearing shall be conducted in accordance with Title 63G, Chapter
150     4, Administrative Procedures Act.
151          (9) If an individual has been charged with a violent felony, as defined in Subsection

152     76-3-203.5(1)(c), and, as a result, the individual has been convicted, entered a plea of guilty or
153     nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the
154     successful completion of probation, the individual is disqualified for licensure under this
155     chapter and:
156          (a) if the individual is licensed under this chapter, the division:
157          (i) shall act upon the license as required under Section 58-1-401; and
158          (ii) may not renew or subsequently issue a license to the individual under this chapter;
159     and
160          (b) if the individual is not licensed under this chapter, the division may not issue a
161     license to the individual under this chapter.
162          (10) If an individual has been charged with a felony other than a violent felony, as
163     defined in Subsection 76-3-203.5(1)(c), and, as a result, the individual has been convicted,
164     entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo contendere held
165     in abeyance pending the successful completion of probation, the division shall determine
166     whether the felony disqualifies the individual for licensure under this chapter and act upon the
167     license, as required, in accordance with Section 58-1-401.
168          (11) The division may not disseminate outside of the division any criminal history
169     record information that the division obtains from the Bureau of Criminal Identification or the
170     Federal Bureau of Investigation under the criminal background check requirements of this
171     section.