Utah Nurse Practice Act: Facility Guide

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Written by Danielle Roques, BSN, RN Content Writer, IntelyCare
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Reviewed by Aldo Zilli, Esq. Senior Manager, B2B Content, IntelyCare
Nurses at a Utah hospital, having a discussion in the hallway.

Nurses take on a wide range of patient care duties and responsibilities. Because the nursing profession encompasses multiple role titles and legal scopes, it can be difficult for facilities to hold clinicians accountable for the quality of care they provide. To ensure safe and appropriate patient care, each state has developed rules and regulations to govern the nursing profession. In Utah, these laws are known as the Utah Nurse Practice Act.

What rules are outlined in the Utah Nursing Practice Act (NPA) and how do they impact facilities? In this article, we introduce the Utah NPA, summarize key elements that could impact a nurse’s daily care tasks, and list tips for facilities looking to empower their clinicians and improve regulatory compliance.

What Is the Utah Nurse Practice Act?

LPNs, RNs, and APRNs practicing in Utah are required to follow the laws contained in the state’s nurse practice act. These laws:

  • Outline Utah Board of Nursing policies and procedures.
  • Set minimum care standards that must be met in all healthcare facilities.
  • Review the steps required for maintaining and renewing a Utah nursing license.
  • Establish requirements for Utah nursing education programs.
  • Set penalties for NPA violations.

Nurse Practice Act: Utah Laws at a Glance

While all state NPAs outline similar processes for regulating licensure, each state has unique rules for task delegation and rule violation. Utah facility leaders should understand the specific regulations outlined in their nurse practice act to ensure clinicians practice within their legal scope. In the table below, we highlight key elements unique to the Utah Nurse Practice Act.

Utah State Nurse Practice Act
Legal Authorities Utah Code, Title 58, Chapter 31b:

Utah Administrative Code, Title 156, Rule 31b:

Utah State Nursing Licensure Requirements Utah RN licensure applicants must qualify by either passing the NCLEX examination or getting a license endorsed from another state.

Steps for NCLEX Exam Qualification:

  1. Graduate from a Utah approved or accredited nursing education program.
  2. Submit an application with the appropriate fees.
  3. Complete a criminal background check and fingerprinting.
  4. Register for and pass the NCLEX examination.

Steps for Endorsement Qualification:

  1. Graduate from a Utah BON-approved nursing education program and submit verified transcripts.
  2. Submit an application with the appropriate fees.
  3. Complete a background check and fingerprint card.
  4. Present a valid license to practice nursing in another state and submit a licensure verification form.

Note: The board may grant a nurse apprentice temporary license for graduate nurses who are new to nursing practice and meet board specifications. This temporary license is valid for a maximum of one year and allows supervised practice until the nurse is fully qualified.

The Utah Board of Nursing website also provides approximate timeframes for application processing and outlines the required steps to renew a nursing license.

Utah Nurse Practice Act Delegation of Duties Nursing professionals are allowed to delegate to unlicensed clinicians when, among other things:

  • The nurse is able to instruct, supervise, and evaluate the performance of the nursing task.
  • The unlicensed clinician has received the appropriate education and training to perform the task.
  • The task is part of routine care and poses minimal risk to the patient.
  • The outcomes of the task are simple and predictable.

Nursing professionals are prohibited from delegating tasks that, among other things:

  • Are outside of the delegator’s scope of practice, knowledge, or ability.
  • Require the nursing process (assessment, interpretation, independent decision-making).
  • Can’t be properly supervised or evaluated.
Penalties for NPA Violation The Utah Administrative Code, Rule156-31b-703a outlines the professional standards that nursing professionals must abide by. According to these standards, RNs, LPNs, and APRNs are required to, among other things:

  • Practice within their legal nursing scope.
  • Comply with the ANA Code of Ethics.
  • Demonstrate honesty and integrity.
  • Respect patient rights, privacy, concerns, and dignity.
  • Maintain appropriate professional boundaries.
  • Prioritize patient needs.
  • Respect patient property.

Nurses that go against their professional standards or demonstrate unprofessional misconduct outlined in Rule 156-31b-502 could face disciplinary action. This misconduct can include:

  • Failing to destroy an expired license.
  • Practicing without a legal license.
  • Engaging in disruptive behavior.
  • Diverting or illegally prescribing controlled substances.
  • Engaging in an unprofessional relationship with a patient or patient surrogate.

Any of the above violations could result in a suspended or revoked nursing license along with fines, public reprimand, and the possibility of criminal charges.

Nurse Licensure Compact (NLC) State? Utah is involved in the NLC compact. Therefore, the Utah Nurse Practice Act encompasses rules and guidelines established by the NLC.

Improving Staff Compliance: 3 Tips for Facilities

Now that you’re familiar with Utah Nurse Practice Act rules and regulations, you’re probably looking for ways to incorporate the laws into your facility’s policies and procedures. Here are three tips that can help you educate and empower your clinicians to manage their own professional practice.

1. Develop an Education Course on the Nursing Scope of Practice

Nurses are often introduced to their scope of practice in nursing school. However, they rarely receive in-depth training once they’ve entered the workforce. Consider creating a Utah nursing scope of practice course to ensure they fully understand their duties and responsibilities. In this training, you can review:

  • How to differentiate tasks included in the Utah LPN scope of practice from those covered under the RN scope of practice.
  • Utah-specific rules for delegation.
  • Rules for professionalism.
  • Steps of the disciplinary process.
  • Utah BON oversight responsibilities.

Provide this information in an online training module or classroom presentation, depending on the learning preferences of your staff. Review this material at orientation and again during annual competency training sessions to ensure staff members stay informed about regulatory changes and updates.

2. Verify Employee Credentials Upon Hire

Fraudulent licensure places patients at risk and limits the care quality an organization is able to provide. By verifying the legitimacy of employee licenses, transcripts, and certifications, you can optimize patient safety and maintain your facility’s hard-earned brand image.

The Nursys QuickConfirm Portal allows you to match a clinician’s name to their state nursing license number. Once you’ve verified that the clinician has a legal license to practice, you can feel comfortable moving forward with the onboarding process.

3. Report Suspected Misconduct

The Utah Board of Nursing enforces NPA rules, but it’s up to hospital administrators to ensure their providers practice according to these state laws. Clinical managers and bedside staff are encouraged to report any suspected misconduct to the Utah Board of Nursing through their online complaint portal. By posting a link to the complaint portal on their facility website, administrators can make it easy for staff to report concerns like:

  • Fraudulent practice
  • Inappropriate delegation
  • Unprofessional conduct

Be sure to relay to staff members that this oversight is in place to improve patient safety and care quality, not to instill fear or punish employees. Encouraging employees to come to you with any questions or concerns can build trust and teamwork between healthcare leaders and clinical staff.

Stay Informed on Nursing Regulatory Updates

With a better understanding of the Utah Nurse Practice Act, you can empower your team to provide the best care possible. Want to stay informed on the latest nursing legal news? Follow along in our free newsletter for additional healthcare tips, guides, and resources, delivered straight to your inbox.

 

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.


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