Utah Code 58-31b-401. Grounds for denial of licensure or certification and disciplinary proceedings

58-31b-401. Grounds for denial of licensure or certification and disciplinary proceedings.

(1)

Terms Used In Utah Code 58-31b-401

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
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
Board: means the Board of Nursing created in Section 58-31b-201. See Utah Code 58-31b-102
Continuance: Putting off of a hearing ot trial until a later time.
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.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Licensee: means an individual who is licensed or certified under this chapter. See Utah Code 58-31b-102
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

Person: means :Utah Code 68-3-12.5

Practice of nursing: includes :

(a)	initiating and maintaining comfort measures;

(b)	promoting and supporting human functions and responses;

(c)	establishing an environment conducive to well-being;

(d)	providing health counseling and teaching;

(e)	collaborating with health care professionals on aspects of the health care regimen;

(f)	performing delegated procedures only within the education, knowledge, judgment, and skill of the licensee;

(g)	delegating nursing tasks that may be performed by others, including an unlicensed assistive personnel; and

(h)

supervising an individual to whom a task is delegated under Subsection (12)(g) as the individual performs the task. See Utah Code 58-31b-102

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Writing: includes :Utah Code 68-3-12.5

(a)

As used in this section, “licensed” or “license” includes certified or certification under this chapter.

(b)	A term or condition applied to the word “nurse” under this section applies to a medication aide certified.

(2)

Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401.

(3)

(a)

(i)

Subject to Subsection (7), if a court of competent jurisdiction determines a nurse is incapacitated as defined in Section 75-1-201 or that the nurse has a mental illness, as defined in Section 26B-5-301, and is unable to safely engage in the practice of nursing, the director shall immediately suspend the license of the nurse upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court’s ruling is pending.

(ii)	The director shall promptly notify the nurse in writing of a suspension under Subsection (3)(a)(i).

(b)

(i)

Subject to Subsection (7), if the division and the majority of the board find reasonable cause to believe a nurse who is not determined judicially to be an incapacitated person or to have a mental illness, is incapable of practicing nursing with reasonable skill regarding the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the board shall recommend that the director file a petition with the division, and cause the petition to be served upon the nurse with a notice of hearing on the sole issue of the capacity of the nurse to competently, safely engage in the practice of nursing.

(ii)	Except as provided in Subsection (4), the hearing described in Subsection (3)(b)(i) shall be conducted under Section 58-1-109 and Title 63G, Chapter 4, Administrative Procedures Act.

(4)

(a)

Every nurse who accepts the privilege of being licensed under this chapter gives consent to:

(i)	submitting to an immediate mental or physical examination, at the nurse’s expense and by a division-approved practitioner selected by the nurse when directed in writing by the division and a majority of the board to do so; and

(ii)	the admissibility of the reports of the examining practitioner’s testimony or examination, and waives all objections on the ground the reports constitute a privileged communication.

(b)

The examination may be ordered by the division, with the consent of a majority of the board, only upon a finding of reasonable cause to believe:

(i)	the nurse has a mental illness, is incapacitated, or otherwise unable to practice nursing with reasonable skill and safety; and

(ii)	immediate action by the division and the board is necessary to prevent harm to the nurse’s patients or the general public.

(c)

(i)	Failure of a nurse to submit to the examination ordered under this section is a ground for the division’s immediate suspension of the nurse’s license by written order of the director.

(ii)

The division may enter the order of suspension without further compliance with Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit to the examination ordered under this section was due to circumstances beyond the control of the nurse and was not related directly to the illness or incapacity of the nurse.

(5)

(a)	A nurse whose license is suspended under Subsection (3) or (4)(c) has the right to a hearing to appeal the suspension within 10 days after the license is suspended.

(b)	The hearing held under this Subsection (5) shall be conducted in accordance with Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the continuance of the order of suspension in order to prevent harm to the nurse’s patients or the general public.

(6)

A nurse whose license is revoked, suspended, or in any way restricted under this section may request the division and the board to consider, at reasonable intervals, evidence presented by the nurse, under procedures established by division rule, regarding any change in the nurse’s condition, to determine whether:

(a)	the nurse is or is not able to safely and competently engage in the practice of nursing; and

(b)	the nurse is qualified to have the nurse’s license to practice under this chapter restored completely or in part.

(7)	The division may not refuse, revoke, suspend, or in any way restrict an applicant or licensee’s license under this chapter solely because the applicant or licensee seeks or participates in mental health or substance abuse treatment.

(8)

Section 63G-2-206 may not be construed as limiting the authority of the division to report current significant investigative information to the coordinated licensure information system for transmission to party states as required of the division by Article VII of the Nurse Licensure Compact – Revised in Section 58-31e-102.

Amended by Chapter 329, 2023 General Session

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