58-31b-302. Qualifications for licensure or certification — Criminal background checks.
(1)
An applicant for certification as a medication aide shall:
Terms Used In Utah Code 58-31b-302
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Applicant: means an individual who applies for licensure or certification under this chapter by submitting a completed application for licensure or certification and the required fees to the department. See Utah Code 58-31b-102
Approved education program: means a nursing education program that is accredited by an accrediting body for nursing education that is approved by the United States Department of Education. See Utah Code 58-31b-102
Diagnosis: means the identification of and discrimination between physical and psychosocial signs and symptoms essential to the effective execution and management of health care. See Utah Code 58-31b-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Licensee: means an individual who is licensed or certified under this chapter. See Utah Code 58-31b-102
Long-term care facility: means any of the following facilities licensed by the Department of Health and Human Services pursuant to 2:
(a)
a nursing care facility;
(b)
a small health care facility;
(c)
an intermediate care facility for people with an intellectual disability;
Medication aide certified: means a certified nurse aide who:
(a)
has a minimum of 2,000 hours experience working as a certified nurse aide;
(b)
has received a minimum of 60 hours of classroom and 40 hours of practical training that is approved by the division in collaboration with the board, in administering routine medications to patients or residents of long-term care facilities; and
(c)
is certified by the division as a medication aide certified. See Utah Code 58-31b-102
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Registered nurse apprentice: means an individual licensed under Subsection 58-31b-301(2)(b) who is learning and engaging in the practice of registered nursing under the indirect supervision of an individual licensed under:
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
submit an application to the division on a form prescribed by the division;
(b)
pay a fee to the division as determined under Section 63J-1-504;
(c)
have a high school diploma or its equivalent;
(d)
have a current certification as a nurse aide, in good standing, from the Department of Health and Human Services;
(e)
have a minimum of 2,000 hours of experience within the two years prior to application, working as a certified nurse aide in a long-term care facility or another health care facility that is designated by the division in collaboration with the board;
(f)
obtain letters of recommendation from a health care facility administrator and one licensed nurse familiar with the applicant’s work practices as a certified nurse aide;
(g)
be in a condition of physical and mental health that will permit the applicant to practice safely as a medication aide certified;
(h)
have completed an approved education program or an equivalent as determined by the division in collaboration with the board;
(i)
have passed the examinations as required by division rule made in collaboration with the board; and
(j)
meet with the board, if requested, to determine the applicant’s qualifications for certification.
(2)
An applicant for licensure as a licensed practical nurse shall:
(a)
submit to the division an application in a form prescribed by the division;
(b)
pay to the division a fee determined under Section 63J-1-504;
(c)
have a high school diploma or its equivalent;
(d)
be in a condition of physical and mental health that will permit the applicant to practice safely as a licensed practical nurse;
(e)
have completed an approved practical nursing education program or an equivalent as determined by the board;
(f)
have passed the examinations as required by division rule made in collaboration with the board; and
(g)
meet with the board, if requested, to determine the applicant’s qualifications for licensure.
(3)
An applicant for a registered nurse apprentice license shall:
(a)
submit to the division an application form prescribed by the division;
(b)
pay to the division a fee determined under Section 63J-1-504;
(c)
have a high school diploma or its equivalent;
(d)
be in a condition of physical and mental health that will allow the applicant to practice safely as a registered nurse apprentice;
(e)
as determined by an approved registered nursing education program, be:
(i)
in good standing with the program; and
(ii)
in the last semester, quarter, or competency experience;
(f)
have written permission from the program in which the applicant is enrolled; and
(g)
meet with the board, if requested, to determine the applicant’s qualifications for licensure.
(4)
An applicant for licensure as a registered nurse shall:
(a)
submit to the division an application form prescribed by the division;
(b)
pay to the division a fee determined under Section 63J-1-504;
(c)
have a high school diploma or its equivalent;
(d)
be in a condition of physical and mental health that will allow the applicant to practice safely as a registered nurse;
(e)
have completed an approved registered nursing education program;
(f)
have passed the examinations as required by division rule made in collaboration with the board; and
(g)
meet with the board, if requested, to determine the applicant’s qualifications for licensure.
(5)
Applicants for licensure as an advanced practice registered nurse shall:
(a)
submit to the division an application on a form prescribed by the division;
(b)
pay to the division a fee determined under Section 63J-1-504;
(c)
be in a condition of physical and mental health which will allow the applicant to practice safely as an advanced practice registered nurse;
(d)
hold a current registered nurse license in good standing issued by the state or be qualified at the time for licensure as a registered nurse;
(e)
(i)
have earned a graduate degree in:
(A)
an advanced practice registered nurse nursing education program; or
(B)
a related area of specialized knowledge as determined appropriate by the division in collaboration with the board; or
(ii)
have completed a nurse anesthesia program in accordance with Subsection (5)(f)(ii);
(f)
have completed:
(i)
course work in patient assessment, diagnosis and treatment, and pharmacotherapeutics from an education program approved by the division in collaboration with the board; or
(ii)
a nurse anesthesia program which is approved by the Council on Accreditation of Nurse Anesthesia Educational Programs;
(g)
to practice within the psychiatric mental health nursing specialty, demonstrate, as described in division rule, that the applicant, after completion of a doctorate or master’s degree required for licensure, is in the process of completing the applicant’s clinical practice requirements in psychiatric mental health nursing, including in psychotherapy;
(h)
have passed the examinations as required by division rule made in collaboration with the board;
(i)
be currently certified by a program approved by the division in collaboration with the board and submit evidence satisfactory to the division of the certification; and
(j)
meet with the board, if requested, to determine the applicant’s qualifications for licensure.
(6)
For each applicant for licensure or certification under this chapter except an applicant under Subsection 58-31b-301(2)(b):
(a)
the applicant shall:
(i)
submit fingerprint cards in a form acceptable to the division at the time the application is filed; and
(ii)
consent to a fingerprint background check conducted by the Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application;
(b)
the division shall:
(i)
in addition to other fees authorized by this chapter, collect from each applicant submitting fingerprints in accordance with this section the fee that the Bureau of Criminal Identification is authorized to collect for the services provided under Section 53-10-108 and the fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of obtaining federal criminal history record information;
(ii)
submit from each applicant the fingerprint card and the fees described in this Subsection (6)(b) to the Bureau of Criminal Identification; and
(iii)
obtain and retain in division records a signed waiver approved by the Bureau of Criminal Identification in accordance with Section 53-10-108 for each applicant; and
(c)
the Bureau of Criminal Identification shall, in accordance with the requirements of Section 53-10-108:
(i)
check the fingerprints submitted under Subsection (6)(b) against the applicable state and regional criminal records databases;
(ii)
forward the fingerprints to the Federal Bureau of Investigation for a national criminal history background check; and
(iii)
provide the results from the state, regional, and nationwide criminal history background checks to the division.
(7)
For purposes of conducting the criminal background checks required in Subsection (6), the division shall have direct access to criminal background information maintained pursuant to 2.
(8)
(a)
(i)
Any new nurse license or certification issued under this section shall be conditional, pending completion of the criminal background check.
(ii)
Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the criminal background check discloses the applicant has failed to accurately disclose a criminal history, the license or certification shall be immediately and automatically revoked upon notice to the licensee by the division.
(b)
(i)
An individual whose conditional license or certification has been revoked under Subsection (8)(a) is entitled to a postrevocation hearing to challenge the revocation.
If an individual has been charged with a violent felony, as defined in Subsection 76-3-203.5(1)(c), and, as a result, the individual has been convicted, entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the successful completion of probation, the division shall act upon the license as required under Section 58-1-401.
(10)
If an individual has been charged with a felony other than a violent felony, as defined in Subsection 76-3-203.5(1)(c), and, as a result, the individual has been convicted, entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the successful completion of probation, the division shall determine whether the felony disqualifies the individual for licensure under this chapter and act upon the license, as required, in accordance with Section 58-1-401.
(11)
The division may not disseminate outside of the division any criminal history record information that the division obtains from the Bureau of Criminal Identification or the Federal Bureau of Investigation under the criminal background check requirements of this section.
Amended by Chapter 223, 2023 General Session Amended by Chapter 284, 2023 General Session
