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Nurses Professions and Occupations

January 30th, 2010 by admin | Filed under nurse


Table of Contents
PART 1 GENERAL PROVISIONS 1
12-38-101. Short title 1
12-38-102. Legislative declaration 1
12-38-103. Definitions 1
12-38-104. State board of nursing created 3
12-38-105. Removal of board members 5
12-38-106. Meetings of board 5
12-38-107. Employees - executive officer 5
12-38-108. Powers and duties of the board – rules 5
12-38-108.5. Limitation on authority 8
12-38-109. Advisory committee 8
12-38-110. Examination 8
12-38-111. Requirements for professional nurse licensure 8
12-38-111.5. Requirements for advanced practice nurse registration - legislative declaration - definition - advanced practice registry 9
12-38-111.6. Prescriptive authority - advanced practice nurses - rules – repeal 11
12-38-111.8. Professional liability insurance required - advanced practice nurses in independent practice – rules 17
12-38-112. Requirements for practical nurse licensure 17
12-38-112.5. Retired volunteer nurse licensure 18
12-38-113. Denial of license. (Repealed) 19
12-38-114. Persons licensed under previous laws 19
12-38-115. Temporary licenses and permits 19
12-38-116. Approval of educational programs 20
12-38-116.5. Disciplinary procedures of the board - inquiry and hearings panels 21
12-38-117. Grounds for discipline 28
12-38-118. Withholding or denial of license – hearing 31
12-38-118.5. Inactive license status – reactivation 33
12-38-119. Mental and physical examination of licensees. (Repealed) 34
12-38-120. Disciplinary proceedings - administrative law judges - judicial review. (Repealed) 34
12-38-121. Immunity in professional review 34
12-38-122. Surrender of license 34
12-38-123. Unauthorized practice – penalties 34
12-38-124. Injunctive proceedings 35
12-38-125. Exclusions 35
12-38-126. Religious exclusions 36
12-38-127. Continuing education 36
12-38-128. Independent practice - direct reimbursement 37
12-38-129. Disposition of fees – appropriation 37
12-38-130. Limitation of article 37
12-38-131. Nursing peer health assistance or nurse alternative to discipline program - fund – rules 37
12-38-132. Delegation of nursing tasks 39
12-38-133. Repeal of article - review of functions 40

The general assembly hereby declares it to be the policy of this state that, in order to safeguard the life, health, property, and public welfare of the people of this state and in order to protect the people of this state from the unauthorized, unqualified, and improper application of services by individuals in the practice of nursing, it is necessary that a proper regulatory authority be established. The general assembly further declares it to be the policy of this state to regulate the practice of nursing through a state agency with the power to enforce the provisions of this article.

As used in this article, unless the context otherwise requires:
(1) Repealed.
(2) “Approved education program” means a course of training conducted by an educational or health care institution which implements the basic practical or professional nursing curriculum prescribed and approved by the board.
(3) “Board” means the state board of nursing.
(4) “Delegated medical function” means an aspect of care that implements and is consistent with the medical plan as prescribed by a licensed or otherwise legally authorized physician, podiatrist, or dentist and is delegated to a registered professional nurse or a practical nurse by a physician, podiatrist, dentist, or physician assistant. For purposes of this subsection (4), “medical plan” means a written plan, verbal order, standing order, or protocol, whether patient specific or not, that authorizes specific or discretionary medical action, which may include but is not limited to the selection of medication. Nothing in this subsection (4) shall limit the practice of nursing as defined in this article.

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