Vol. 2010, No. 11 (06/01/2010) PDF - Administrative Rules - Utah.gov

NOTICES OF PROPOSED RULES DAR File No. 33630
(3) Training is to be supplemented by documentation of
two hours of continuing education related to the area of practice in
each preceding renewal period.
KEY: pharmacists, licensing, pharmacies
Date of Enactment or Last Substantive Amendment: [July 9,
2009]2010
Notice of Continuation: February 23, 2010
Authorizing, and Implemented or Interpreted Law:
58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1-202(1)
(a)
33631
Commerce, Occupational and
Professional Licensing
R156-31b
Nurse Practice Act Rule
NOTICE OF PROPOSED RULE
(Amendment)
DAR FILE NO.: 33631
FILED: 05/11/2010
RULE ANALYSIS
PURPOSE OF THE RULE OR REASON FOR THE
CHANGE: The Division and Nursing Board have indicated
there are two primary purposes for this rule filing. First, to
establish a process whereby an approved nursing education
program could propose an innovative approach to nursing
education. Second, to provide nursing education programs
more latitude regarding the use of preceptors and high
definition simulation for clinical experience. An amendment is
also being proposed to provide that an application for
licensure submitted to the Division and the required criminal
background check are only considered current and
acceptable for six months from the date received by the
Division.
SUMMARY OF THE RULE OR CHANGE: Throughout the
rule, capitalized "Division" and "Board" where appropriate,
and updated rule citations. In Section R156-31b-102, added
definition for "innovative approach to nursing education" and
renumbered remaining subsections. In Section
R156-31b-302c, the proposed change increases either the
number of times an applicant can take the NCLEX (National
Council Licensure Examination of the National Council of
State Boards of Nursing) licensure examinations or the length
of time an applicant has to pass the NCLEX examinations. In
Section R156-31b-302d, a change is being proposed to
provide that an application for licensure submitted to the
Division and the required criminal background check are only
considered current and acceptable for six months from the
date received by the Division. In Section R156-31b-602, the
proposed changes include compliance to the new Section
R156-31b-607 as a criterion for full approval status if the
education program has been approved to offer an innovative
approach to education. It also adds non-compliance with an
approved innovative approach to nursing education as a
reason to issue a probationary approval status. Finally, the
proposed amendments add the standards in the new Section
R156-31b-607 if applicable to the standards that must be met
while on or obtaining provisional approval. Section
R156-31b-607 is a new section and is being added to provide
a process and standards that an approved nursing education
program must meet to request a waiver from one or more of
the standards established in Section R156-31b-603 in order
to implement an innovative approach to nursing education.
The current Sections R156-31b-607 and R156-31b-608 have
been renumbered to R156-31b-608 and R156-31b-609.
STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR
THIS RULE: Section 58-31b-101 and Subsection
58-1-106(1)(a) and Subsection 58-1-202(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 costs
incurred will be absorbed in the Division's current budget.
State-funded schools which are or want to offer an innovative
approach to nursing education will need to obtain the
necessary equipment/expertise to develop and implement the
proposed approach, such as a high fidelity simulated
mannequin and clinical practice scenarios. Existing budgets
and/or grant money would be required to purchase the
equipment. No additional state money has been allocated to
implement these proposed amendments or innovative
approaches to education. The costs to a nursing education
program cannot be estimated.
♦ LOCAL GOVERNMENTS: The proposed amendments only
apply to licensed nurses, applicants for licensure in those
classifications, and nursing education programs. As a result,
the proposed amendments do not apply to local
governments.
♦ SMALL BUSINESSES: The proposed amendments only
apply to licensed nurses, applicants for licensure in those
classifications, and nursing education programs. If an
applicant for a nursing license is working for a small health
care facility, such as an assisted living or nursing care facility,
the ability to take the examination four times or within three
years of graduation whichever is later, may help the applicant/
employee to pass the examination and obtain licensure. The
facility would then have a licensed nurse whose salary would
be anywhere from $5 - $10 per hour more than a nurse aide
salary.
♦ PERSONS OTHER THAN SMALL BUSINESSES,
BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES:
The proposed amendments only apply to licensed nurses,
applicants for licensure in those classifications, and nursing
education programs. The application and the information
submitted with the application, such as the criminal
background check, is only current for a time period of up to
78 UTAH STATE BULLETIN, June 01, 2010, Vol. 2010, No. 11