DAR File No. 37417

Commerce, Occupational and Professional Licensing

Rule R156-31b

Nurse Practice Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37417
Filed: 03/18/2013 01:22:39 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 31b, provides for the licensure of licensed practical nurse, registered nurse, advanced practice registered nurse intern, advanced practice registered nurse, advanced practice registered nurse-CRNA (certified registered nurse anesthetist) without prescriptive practice and medication aide certified. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-31b-201(3) provides that the Board of Nursing's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 31b, with respect to licensed practical nurse, registered nurse, advanced practice registered nurse intern, advanced practice registered nurse, advanced practice registered nurse-CRNA without prescriptive practice and medication aide certified.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in April 2008, it has been amended several times. In January-March 2010 the Division received numerous written comments both in support of and opposing proposed amendments which had been filed in January 2010 with respect to delegation of nursing tasks in a school setting. Following a 03/11/2010 rule hearing and the Division and Board of Nursing's review of the numerous comments received, the proposed amendments were made effective on 03/29/2010 with no further changes. In May 2008 the Division filed proposed rule amendments with respect to administration of diabetes medication to students in a school setting by unlicensed individuals. The Division conducted a 06/06/2008 rule hearing with respect to the proposed amendments. The Division also received several written comments with respect to this proposed rule amendment filing. The Division also received a 05/29/2008 email from Hunter Finch, rules analyst from the Governor's Office of Planning and Budget, in which he notified the Division of some nonsubstantive changes that needed to be made in the proposed rule amendments. The Division and Board of Nursing reviewed and considered the written comments received and comments offered during the June 2008 rule hearing and determined that no additional changes would be made in the proposed rules. This proposed rule amendment filing was made effective on 06/23/2008. An 08/25/2008 nonsubstantive rule change was filed in which nonsubstantive changes recommended by Hunter Finch in his 05/29/2008 email were made. The Division also filed proposed rule amendments in DAR File No. 31614 in June 2008 to implement H.B. 299 (2008 Legislative General Session) with respect to medication aides-certified. The Division conducted a 07/18/2008 rule hearing with respect to the proposed amendments. As a result of these proposed amendments, the Division received numerous written comments. As a result of the numerous written comments received and comments offered during the July 2008 rule hearing, the Division allowed this proposed rule amendment filing to lapse and later refiled a new proposed rule amendment filing in December 2008 which incorporated suggestions and concerns from the comments received in June-July 2008.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 31b, with respect to licensed practical nurse, registered nurse, advanced practice registered nurse intern, advanced practice registered nurse, advanced practice registered nurse-CRNA without prescriptive practice and medication aide certified. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

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
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Debra Hobbins at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at dhobbins@utah.gov

Authorized by:

Mark Steinagel, Director

Effective:

03/18/2013