58-31b-102 - Definitions. - Utah Statutes

58-31b-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Administrative penalty" means a monetary fine or citation imposed by the divisionfor acts or omissions determined to constitute unprofessional or unlawful conduct in accordancewith a fine schedule established by rule and as a result of an adjudicative proceeding conductedin accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2) "Applicant" means a person who applies for licensure or certification under thischapter by submitting a completed application for licensure or certification and the required feesto the department.
(3) "Approved education program" means a nursing education program that meets theminimum standards for educational programs established under this chapter and by division rulein collaboration with the board.
(4) "Board" means the Board of Nursing created in Section 58-31b-201.
(5) "Consultation and referral plan" means a written plan jointly developed by anadvanced practice registered nurse and a consulting physician that permits the advanced practiceregistered nurse to prescribe schedule II-III controlled substances in consultation with theconsulting physician.
(6) "Consulting physician" means a physician and surgeon or osteopathic physician andsurgeon licensed in accordance with this title who has agreed to consult with an advancedpractice registered nurse with a controlled substance license, a DEA registration number, andwho will be prescribing schedule II-III controlled substances.
(7) "Diagnosis" means the identification of and discrimination between physical andpsychosocial signs and symptoms essential to the effective execution and management of healthcare.
(8) "Examinee" means a person who applies to take or does take any examinationrequired under this chapter for licensure.
(9) "Licensee" means a person who is licensed or certified under this chapter.
(10) "Long-term care facility" means any of the following facilities licensed by theDepartment of Health pursuant to Title 26, Chapter 21, Health Care Facility Licensing andInspection Act:
(a) a nursing care facility;
(b) a small health care facility;
(c) an intermediate care facility for the mentally retarded;
(d) an assisted living facility Type I or II; or
(e) a designated swing bed unit in a general hospital.
(11) "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 trainingthat is approved by the division in collaboration with the board, in administering routinemedications to patients or residents of long-term care facilities; and
(c) is certified by the division as a medication aide certified.
(12) (a) "Practice as a medication aide certified" means the limited practice of nursingunder the supervision, as defined by the division by administrative rule, of a licensed nurse,involving routine patient care that requires minimal or limited specialized or general knowledge,judgment, and skill, to an individual who is ill, injured, infirm, developmentally or physically

disabled, mentally disabled, or mentally retarded, and who is in a regulated long-term carefacility.
(b) "Practice as a medication aide certified":
(i) includes:
(A) providing direct personal assistance or care; and
(B) administering routine medications to patients in accordance with a formulary andprotocols to be defined by the division by rule; and
(ii) does not include assisting a resident of an assisted living facility, a long term carefacility, or an intermediate care facility for the mentally retarded to self administer a medication,as regulated by the Department of Health by administrative rule.
(13) "Practice of advanced practice registered nursing" means the practice of nursingwithin the generally recognized scope and standards of advanced practice registered nursing asdefined by rule and consistent with professionally recognized preparation and educationstandards of an advanced practice registered nurse by a person licensed under this chapter as anadvanced practice registered nurse. Advanced practice registered nursing includes:
(a) maintenance and promotion of health and prevention of disease;
(b) diagnosis, treatment, correction, consultation, and referral for common healthproblems;
(c) prescription or administration of prescription drugs or devices including:
(i) local anesthesia;
(ii) schedule IV-V controlled substances; and
(iii) schedule II-III controlled substances in accordance with a consultation and referralplan; or
(d) the provision of preoperative, intraoperative, and postoperative anesthesia care andrelated services upon the request of a licensed health care professional by an advanced practiceregistered nurse specializing as a certified registered nurse anesthetist, including:
(i) preanesthesia preparation and evaluation including:
(A) performing a preanesthetic assessment of the patient;
(B) ordering and evaluating appropriate lab and other studies to determine the health ofthe patient; and
(C) selecting, ordering, or administering appropriate medications;
(ii) anesthesia induction, maintenance, and emergence, including:
(A) selecting and initiating the planned anesthetic technique;
(B) selecting and administering anesthetics and adjunct drugs and fluids; and
(C) administering general, regional, and local anesthesia;
(iii) postanesthesia follow-up care, including:
(A) evaluating the patient's response to anesthesia and implementing corrective actions;and
(B) selecting, ordering, or administering the medications and studies listed in Subsection(13)(d); and
(iv) other related services within the scope of practice of a certified registered nurseanesthetist, including:
(A) emergency airway management;
(B) advanced cardiac life support; and
(C) the establishment of peripheral, central, and arterial invasive lines; and

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(v) for purposes of Subsection (13)(d), "upon the request of a licensed health careprofessional":
(A) means a health care professional practicing within the scope of the health careprofessional's license, requests anesthesia services for a specific patient; and
(B) does not require an advanced practice registered nurse specializing as a certifiedregistered nurse anesthetist to enter into a consultation and referral plan or obtain additionalauthority to select, administer, or provide preoperative, intraoperative, or postoperativeanesthesia care and services.
(14) "Practice of nursing" means assisting individuals or groups to maintain or attainoptimal health, implementing a strategy of care to accomplish defined goals and evaluatingresponses to care and treatment. The practice of nursing requires substantial specialized orgeneral knowledge, judgment, and skill based upon principles of the biological, physical,behavioral, and social sciences, and 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; and
(g) delegating nurse interventions that may be performed by others and are not in conflictwith this chapter.
(15) "Practice of practical nursing" means the performance of nursing acts in thegenerally recognized scope of practice of licensed practical nurses as defined by rule and asprovided in this Subsection (15) by a person licensed under this chapter as a licensed practicalnurse and under the direction of a registered nurse, licensed physician, or other specified healthcare professional as defined by rule. Practical nursing acts include:
(a) contributing to the assessment of the health status of individuals and groups;
(b) participating in the development and modification of the strategy of care;
(c) implementing appropriate aspects of the strategy of care;
(d) maintaining safe and effective nursing care rendered to a patient directly or indirectly;and
(e) participating in the evaluation of responses to interventions.
(16) "Practice of registered nursing" means performing acts of nursing as provided in thisSubsection (16) by a person licensed under this chapter as a registered nurse within the generallyrecognized scope of practice of registered nurses as defined by rule. Registered nursing actsinclude:
(a) assessing the health status of individuals and groups;
(b) identifying health care needs;
(c) establishing goals to meet identified health care needs;
(d) planning a strategy of care;
(e) prescribing nursing interventions to implement the strategy of care;
(f) implementing the strategy of care;
(g) maintaining safe and effective nursing care that is rendered to a patient directly orindirectly;

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(h) evaluating responses to interventions;
(i) teaching the theory and practice of nursing; and
(j) managing and supervising the practice of nursing.
(17) "Routine medications":
(a) means established medications administered to a medically stable individual asdetermined by a licensed health care practitioner or in consultation with a licensed medicalpractitioner; and
(b) is limited to medications that are administered by the following routes:
(i) oral;
(ii) sublingual;
(iii) buccal;
(iv) eye;
(v) ear;
(vi) nasal;
(vii) rectal;
(viii) vaginal;
(ix) skin ointments, topical including patches and transdermal;
(x) premeasured medication delivered by aerosol/nebulizer; and
(xi) medications delivered by metered hand-held inhalers.
(18) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-31b-501.
(19) "Unlicensed assistive personnel" means any unlicensed person, regardless of title, towhom tasks are delegated by a licensed nurse as permitted by rule and in accordance with thestandards of the profession.
(20) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-31b-502 and asmay be further defined by rule.

Amended by Chapter 214, 2008 General Session
Amended by Chapter 382, 2008 General Session