DAR File No. 42448

This notice was published in the February 1, 2018, issue (Vol. 2018, No. 3) of the Utah State Bulletin.

Commerce, Occupational and Professional Licensing

Rule R156-31b

Nurse Practice Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42448
Filed: 01/08/2018 01:40:45 PM


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/certification and regulation of licensed practical nurses, registered nurses, advanced practice registered nurse interns, 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 of Occupational and Professional Licensing (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 the above-identified profession types.

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 March 2013, it has been amended several times. The Division has received the following written comments with respect to the rule: 1) a 08/24/2015 email from Mike Broschinsky, Office of Administrative Rules, in which he notified the Division that the word "Division" was missing in Section R156-31b-103. As a result, the Division filed a nonsubstantive rule filing, File No. 39615, on 08/25/2015 to correct the error; and 2) the Division received written comments relating to a June 2014 repeal and reenact rule filing as follows: a 06/03/2014 letter from Laura Upton-Bell, a 06/07/2014 letter from Karen M. Bees, a 06/06/2014 email from Amy Goeser, and a 06/04/2014 email from Nadine Hancy. All of these individuals were associated in some manner with the Washington County School District, and all were concerned that the rules prohibit a licensed practical nurse (LPN) from functioning autonomously as a school nurse. The Board of Nursing reviewed and considered the June 2014 written comments and their position at the 06/12/2014 rule hearing was that the rule governing school nurses has not changed in this proposed rule filing. Although it is permissible for an LPN to work as a school nurse, the school or district must also employ a registered nurse (RN) so that the LPN is appropriately supervised. The Board determined to take the written comments under advisement with the possibility that a rule amendment could be proposed in the future to further clarify the scope of an LPN's practice within a school setting.

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 the above-identified profession types. 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 Office of Administrative Rules, or at:

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

Direct questions regarding this rule to:

  • Jeff Busjahn at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov



Authorized by:

Mark Steinagel, Director

Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2018/b20180201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Jeff Busjahn at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.