58-31b-302 - Qualifications for licensure or certification -- Criminal background checks. - Utah Statutes

58-31b-302. Qualifications for licensure or certification -- Criminal backgroundchecks.
(1) An applicant for certification as a medication aide shall:
(a) submit an application to the division on a form prescribed by the division;
(b) pay a fee to the division as determined under Section 63J-1-504;
(c) have a high school diploma or its equivalent;
(d) have a current certification as a nurse aide, in good standing, from the Department ofHealth;
(e) have a minimum of 2,000 hours of experience within the two years prior toapplication, working as a certified nurse aide in a long-term care facility;
(f) obtain letters of recommendation from a long-term care facility administrator and onelicensed nurse familiar with the applicant's work practices as a certified nurse aide;
(g) be in a condition of physical and mental health that will permit the applicant topractice safely as a medication aide certified;
(h) have completed an approved education program or an equivalent as determined bythe division in collaboration with the board;
(i) have passed the examinations as required by division rule made in collaboration withthe board; and
(j) meet with the board, if requested, to determine the applicant's qualifications forcertification.
(2) An applicant for licensure as a licensed practical nurse shall:
(a) submit to the division an application in a form prescribed by the division;
(b) pay to the division a fee determined under Section 63J-1-504;
(c) have a high school diploma or its equivalent;
(d) be in a condition of physical and mental health that will permit the applicant topractice safely as a licensed practical nurse;
(e) have completed an approved practical nursing education program or an equivalent asdetermined by the board;
(f) have passed the examinations as required by division rule made in collaboration withthe board; and
(g) meet with the board, if requested, to determine the applicant's qualifications forlicensure.
(3) An applicant for licensure as a registered nurse shall:
(a) submit to the division an application form prescribed by the division;
(b) pay to the division a fee determined under Section 63J-1-504;
(c) have a high school diploma or its equivalent;
(d) be in a condition of physical and mental health that will allow the applicant topractice safely as a registered nurse;
(e) have completed an approved registered nursing education program;
(f) have passed the examinations as required by division rule made in collaboration withthe board; and
(g) meet with the board, if requested, to determine the applicant's qualifications forlicensure.
(4) Applicants for licensure as an advanced practice registered nurse shall:
(a) submit to the division an application on a form prescribed by the division;

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(b) pay to the division a fee determined under Section 63J-1-504;
(c) be in a condition of physical and mental health which will allow the applicant topractice safely as an advanced practice registered nurse;
(d) hold a current registered nurse license in good standing issued by the state or bequalified at the time for licensure as a registered nurse;
(e) (i) have earned a graduate degree in:
(A) an advanced practice registered nurse nursing education program; or
(B) a related area of specialized knowledge as determined appropriate by the division incollaboration with the board; or
(ii) have completed a nurse anesthesia program in accordance with Subsection (4)(f)(ii);
(f) have completed:
(i) course work in patient assessment, diagnosis and treatment, and pharmacotherapeuticsfrom an education program approved by the division in collaboration with the board; or
(ii) a nurse anesthesia program which is approved by the Council on Accreditation ofNurse Anesthesia Educational Programs;
(g) have successfully completed clinical practice in psychiatric and mental healthnursing, including psychotherapy as defined by division rule, after completion of the mastersdegree required for licensure, to practice within the psychiatric and mental health nursingspecialty;
(h) have passed the examinations as required by division rule made in collaboration withthe board;
(i) be currently certified by a program approved by the division in collaboration with theboard and submit evidence satisfactory to the division of the certification; and
(j) meet with the board, if requested, to determine the applicant's qualifications forlicensure.
(5) For each applicant for licensure or certification under this chapter:
(a) the applicant shall:
(i) submit fingerprint cards in a form acceptable to the division at the time the applicationis filed; and
(ii) consent to a fingerprint background check by the Utah Bureau of CriminalIdentification and the Federal Bureau of Investigation regarding the application; and
(b) the division shall request the Department of Public Safety to complete a FederalBureau of Investigation criminal background check through the national criminal history system(NCIC) or any successor system.
(6) For purposes of conducting the criminal background checks required in Subsection(5), the division shall have direct access to criminal background information maintained pursuantto Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(7) (a) (i) Any new nurse license or certification issued under this section shall beconditional, pending completion of the criminal background check.
(ii) If the criminal background check discloses the applicant has failed to accuratelydisclose a criminal history, the license or certification shall be immediately and automaticallyrevoked.
(b) (i) Any person whose conditional license or certification has been revoked underSubsection (7)(a) shall be entitled to a postrevocation hearing to challenge the revocation.
(ii) The hearing shall be conducted in accordance with Title 63G, Chapter 4,

Administrative Procedures Act.
(8) (a) If a person has been charged with a violent felony, as defined in Subsection76-3-203.5(1)(c), and, as a result, the person has been convicted, entered a plea of guilty or nolocontendere, or entered a plea of guilty or nolo contendere held in abeyance pending thesuccessful completion of probation:
(i) the person is disqualified for licensure under this chapter; and
(ii) (A) if the person is licensed under this chapter, the division:
(I) shall act upon the license as required under Section 58-1-401; and
(II) may not renew or subsequently issue a license to the person under this chapter; and
(B) if the person is not licensed under this chapter, the division may not issue a license tothe person under this chapter.
(b) If a person has been charged with a felony other than a violent felony, as defined inSubsection 76-3-203.5(1)(c), and, as a result, the person has been convicted, entered a plea ofguilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pendingthe successful completion of probation:
(i) if the person is licensed under this chapter, the division shall determine whether thefelony disqualifies the person for licensure under this chapter and act upon the license, asrequired, in accordance with Section 58-1-401; and
(ii) if the person is not licensed under this chapter, the person may not file an applicationfor licensure under this chapter any sooner than five years after having completed the conditionsof the sentence or plea agreement.

Amended by Chapter 183, 2009 General Session