No. 31094: R156-31b.Nurse Practice Act Rules

DAR File No.: 31094
Filed: 04/01/2008, 09:16
Received by: NL

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 the above-identified nursing classifications.

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 the rule was last reviewed in June 2003, it has been amended several times. In July 2007, the division filed a proposed rule amendment with respect to delegation of nursing tasks (DAR No. 30208). The Division received numerous written comments mostly opposing the proposed amendments regarding the delegation of nursing tasks. As a result of the written comments received, comments offered during a 09/14/2007 rule hearing, and anticipated 2008 legislation with respect to the issue, the division did NOT make the proposed amendments effective and so notified the Division of Administrative Rules of this fact on 12/10/2007. In July 2004, the division filed proposed rule amendments resulting from 2003 legislative amendments to the governing statute, Title 58, Chapter 31b. An 08/24/2004 rule hearing was conducted with respect to the proposed amendments. As a result of comments offered during the August 2004 hearing, several written comments received by the division mostly opposing the LPN-GCM (licensed practical nurse-geriatric care manager) proposed amendments and further division review, a change in proposed rule filing (CPR) was filed on 10/25/2004. In that CPR filing, the division deleted all language regarding the LPN-GCM pilot program and indicated the issue would be addressed at a later date in another rule filing.

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 nursing classifications identified above. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

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:

Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Authorized by:

F. David Stanley, Director