2006 Utah Code - 58-31b-302 — Qualifications for licensure or certification -- Criminal background checks.

     58-31b-302.   Qualifications for licensure or certification -- Criminal background checks.
     (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 63-38-3.2;
     (c) have a high school diploma or its equivalent;
     (d) have a current certification as a nurse aide, in good standing, from the Department of Health;
     (e) have a minimum of 2,000 hours of experience within the two years prior to application, 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 one licensed 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 to practice safely as a medication aide certified;
     (h) have completed an approved education program or an equivalent as determined by the division in collaboration with the board;
     (i) have passed the examinations as required by division rule made in collaboration with the board; and
     (j) meet with the board, if requested, to determine the applicant's qualifications for certification.
     (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 63-38-3.2;
     (c) have a high school diploma or its equivalent;
     (d) be in a condition of physical and mental health that will permit the applicant to practice safely as a licensed practical nurse;
     (e) have completed an approved practical nursing education program or an equivalent as determined by the board;
     (f) have passed the examinations as required by division rule made in collaboration with the board; and
     (g) meet with the board, if requested, to determine the applicant's qualifications for licensure.
     (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 63-38-3.2;
     (c) have a high school diploma or its equivalent;
     (d) be in a condition of physical and mental health that will allow the applicant to practice 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 with the board; and
     (g) meet with the board, if requested, to determine the applicant's qualifications for licensure.
     (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 63-38-3.2;
     (c) be in a condition of physical and mental health which will allow the applicant to practice safely as an advanced practice registered nurse;
     (d) hold a current registered nurse license in good standing issued by the state or be qualified at the time for licensure as a registered nurse;
     (e) have earned a graduate degree in an advanced practice registered nurse nursing education program or a related area of specialized knowledge as determined appropriate by the division in collaboration with the board;
     (f) have completed course work in patient assessment, diagnosis and treatment, and pharmacotherapeutics from an education program approved by the division in collaboration with the board;
     (g) have successfully completed clinical practice in psychiatric and mental health nursing, including psychotherapy as defined by division rule, after completion of the masters degree required for licensure, to practice within the psychiatric and mental health nursing specialty;
     (h) have passed the examinations as required by division rule made in collaboration with the board;
     (i) be currently certified by a program approved by the division in collaboration with the board and submit evidence satisfactory to the division of the certification; and
     (j) meet with the board, if requested, to determine the applicant's qualifications for licensure.
     (5) An applicant for licensure as a certified registered nurse anesthetist shall:
     (a) submit to the division an application on a form prescribed by the division;
     (b) pay to the division a fee determined under Section 63-38-3.2;
     (c) be in a condition of physical and mental health which will allow the applicant to practice safely as a certified registered nurse anesthetist;
     (d) hold a current registered nurse license in good standing issued by the state or be qualified at the time for licensure as a registered nurse;
     (e) complete a nurse anesthesia program which is approved by the Council on Accreditation of Nurse Anesthesia Educational Programs;
     (f) be currently certified by a program approved by the division in collaboration with the board and submit evidence satisfactory to the division of the certification; and
     (g) meet with the board, if requested, to determine the applicant's qualifications for licensure.
     (6) An applicant for licensure or certification under this chapter:
     (a) (i) shall submit fingerprint cards in a form acceptable to the division at the time the license application is filed and shall consent to a fingerprint background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application; and
     (ii) the division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check for each applicant through the national criminal history system (NCIC) or any successor system; and
     (b) if convicted of one or more felonies, must receive an absolute discharge from the sentences for all felony convictions five or more years prior to the date of filing an application for licensure or certification under this chapter.

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     (7) For purposes of conducting the criminal background checks required in Subsection (6), the division shall have direct access to criminal background information maintained pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
     (8) (a) (i) Any new nurse license or certification issued under this section shall be conditional, pending completion of the criminal background check.
     (ii) If the criminal background check discloses the applicant has failed to accurately disclose a criminal history, the license or certification shall be immediately and automatically revoked.
     (b) (i) Any person whose conditional license or certification has been revoked under Subsection (8)(a) shall be entitled to a postrevocation hearing to challenge the revocation.
     (ii) The hearing shall be conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act.

Amended by Chapter 291, 2006 General Session