DAR File No. 38980

Commerce, Occupational and Professional Licensing

Section R156-31b-609

Standards for Out-of-State Programs Providing Clinical Experiences in Utah

Notice of Proposed Rule

(Amendment)

DAR File No.: 38980
Filed: 11/25/2014 10:30:51 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Nursing Advisory Peer Education Committee, which is an advisory peer committee to the Board of Nursing, reviews applications from nursing programs located outside of Utah for clinical placements in Utah. With a recent proliferation of non-traditional nursing programs, a number of nursing programs across the country teach the classroom portion of a nursing program online or through other electronically enhanced means. These non-traditional nursing programs then allow their students to complete the clinical portion of their education in the student's home state. These non-traditional programs cater to pre- and post-licensure nursing students. The Board of Nursing and the Division seek to clarify that all nursing programs requesting student placements, pre- or post-licensure, must be reviewed by the Board of Nursing. Because these non-traditional student placements are individualized to the student, the program, and the learning objectives for each placement, the Board also determined that it could not require these programs to have a current placement agreement.

Summary of the rule or change:

The proposed amendments to this section require out-of-state pre- and post-licensure programs to present satisfactory documentation to the Board of Nursing that the educational program meets expectations similar to those of nursing education programs based in Utah.

State statutory or constitutional authorization for this rule:

• Section 58-31b-101
• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any printing and mailing costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments apply only to out-of-state nursing programs who are providing clinical experiences in Utah for pre- and post-licensure nursing students. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply only to out-of-state nursing programs who are providing clinical experiences in Utah for pre- and post-licensure nursing students. Out-of-state nursing programs, who may qualify as a small business, will present written documentation to the Nursing Board for review and will be scheduled to meet with the Board via telephone. Out-of-state nursing programs may incur nominal costs to submit written documentation to the Board and Division in order to comply with proposed amendments. However, due to wide range of circumstances, the Division is unable to quantify these costs.

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

The proposed amendments apply only to out-of-state nursing programs who are providing clinical experiences in Utah for pre- and post-licensure nursing students. Out-of-state nursing programs will present written documentation to the Nursing Board for review and will be scheduled to meet with the Board via telephone. Out-of-state nursing programs may incur nominal costs to submit written documentation to the Board and Division in order to comply with proposed amendments. However, due to wide range of circumstances, the Division is unable to quantify these costs. As a result, the Division has determined the proposed amendments do not apply to other persons.

Compliance costs for affected persons:

The proposed amendments apply only to out-of-state nursing programs who are providing clinical experiences in Utah for pre- and post-licensure nursing students. Out-of-state nursing programs will present written documentation to the Nursing Board for review and will be scheduled to meet with the Board via telephone. Out-of-state nursing programs may incur nominal costs to submit written documentation to the Board and Division in order to comply with proposed amendments. However, due to wide range of circumstances, the Division is unable to quantify these costs.

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

The existing rule establishes Board of Nursing oversight for any nursing program provider that seeks to use a Utah health care facility for pre-licensure clinical experiences. This filing expands the scope of the Board's oversight to include post-licensure placements as well. Any business that has avoided oversight by characterizing its clinical placements as "post-licensure" will incur costs to provide documentation and records for the Board's review. Such costs will vary and cannot be specified, but are anticipated to be minimal.

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

Direct questions regarding this rule to:

• Suzette Farmer at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at sfarmer@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:

01/14/2015

This rule may become effective on:

01/21/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-31b. Nurse Practice Act Rule.

R156-31b-609. Standards for Out-of-State Programs Providing Clinical Experiences in Utah.

A nursing education program provider located in another state that desires to use Utah health care facilities for [pre-licensure ]clinical experiences for one or more students shall, prior to placing a student, meet with the Board and demonstrate to the satisfaction of the Board that the program:

(1) has been approved by the home state Board of Nursing;

(2) has been fully accredited by the ACEN, CCNE, or COA;

(3) has clinical faculty who:

(a) are employed by the nursing education program;

(b) meet the requirements to be a faculty member as established by the accrediting body and the home state's Board of Nursing;[ and]

(c) are licensed in good standing in Utah or a Compact state; and

([4]d) [is]are affiliated with an institution of higher education; and

([5]4) has a plan for selection and supervision of:

(a) faculty or preceptor; and

(b) the clinical activity, including:

(i) location, and

(ii) date range[; and

(6) has current clinical placement agreements, executed within the prior 12 months, in place at Utah facilities].

 

KEY: licensing, nurses

Date of Enactment or Last Substantive Amendment: [June 23, 2014]2015

Notice of Continuation: March 18, 2013

Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)