Commerce, Occupational and Professional Licensing

Rule R156-31c

Nurse Licensure Compact Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 33705
Filed: 06/03/2010 09:04:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to better define the term "business day" as used in this rule and to update a statutory citation.

Summary of the rule or change:

Section R156-31c-102 adds a definition for the term "business days" as used in Subsection R156-31c-201(9) to mean scheduled work days for the nurse licensing agency of the new home state. In Section R156-31c-103, the statutory citation is updated.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-31c-103

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs to print and distribute the rule once the proposed amendments are made effective. However, costs will be nominal since this rule isn't a typical licensing act rule and thus will have a more limited distribution. When the "new home state" is Utah, this rule change merely clarifies that "business days" are the State's four-day work week day. Any minimal costs will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed nurses and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. The proposed amendments are essentially a clarification and will not affect local governments.

small businesses:

The proposed amendments only apply to licensed nurses and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business as the proposed amendments are essentially only a clarification.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed nurses and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business as the proposed amendments are essentially only a clarification. For other states when they are the new home state, this rule change merely clarifies that their scheduled work days constitute "business days" as used in the rule.

Compliance costs for affected persons:

The proposed amendments only apply to licensed nurses and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business as the proposed amendments are essentially only a clarification. For other states when they are the new home state, this rule change merely clarifies that their scheduled work days constitute "business days" as used in the rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing clarifies the definition of "business days" to account for this State's four-day work week. No fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• W. Ray Walker at the above address, by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-31c. Nurse Licensure Compact Rule.

R156-31c-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 31c, as used in Title 58, Chapter 31c or this rule:

(1) "Board", as used in this rule, means the party state's regulatory body responsible for issuing nurse licenses.

(2) "Business days", as used in Subsection R156-31c-201(9), means scheduled work days for the nurse licensing agency of the new home state.

([2]3) "Information system", as used in this rule, means the coordinated licensure information system as defined in Section 58-31c-102.

([3]4) "Primary state of residence", as used in this rule, means the state of a person's declared fixed permanent and principal home for legal purposes; domicile.

([4]5) "Public", as used in this rule, means any individual or entity other than designated staff or representatives of party state Boards or the National Council of State Boards of Nursing, Inc.

 

R156-31c-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1) (a) to enable the Division to administer Title 58, Chapter 31c.

 

KEY: nurses, licensing

Date of Enactment or Last Substantive Amendment: [May 11, 2009]2010

Notice of Continuation: September 21, 2009

Authorizing, and Implemented or Interpreted Law: 58-31c-103; 58-1-106(1)(a)