58-31b-302. Qualifications for licensure -- Scope of practice -- Criminal background checks.

2,248 words·~10 min read·/ut/title-58/chapter-31b/58-31b-302·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)Each applicant for licensure under this chapter, except an applicant under Subsection 58-31b-301(2)(e) , shall:

(i)consent to, and complete, a criminal background check, described in Section 58-1-301.5 ;

(ii)meet the standards that the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, related to the criminal background check described in Section 58-1-301.5 ; and

(iii)disclose the criminal history the division requests on a form the division approves.

(b)If an individual has been charged with a violent felony, as defined in Subsection 76-3-203.5(1)(c) , and, as a result, the individual has been convicted, entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the successful completion of probation, the division shall act upon the license as required under Section 58-1-401 .

(c)If an individual has been charged with a felony other than a violent felony, as defined in Subsection 76-3-203.5(1)(c) , and, as a result, the individual has been convicted, entered a plea of guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the successful completion of probation, the division shall determine whether the felony disqualifies the individual for licensure under this chapter and act upon the license, as required, in accordance with Section 58-1-401 .

(a)An applicant for licensure as an advanced practice registered nurse shall:

(i)submit to the division an application on a form the division approves;

(ii)pay to the division a fee determined under Section 63J-1-504 ;

(iii)have the physical and mental health to safely perform the activities described in Subsection (2)(c) ;

(A)receive a graduate degree from an approved education program in advanced practice registered nursing or a related area of specialized knowledge as the division determines appropriate by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or

(B)have completed a nurse anesthesia program in accordance with Subsection (2)(a)(v) ;

(v)have completed:

(A)course work in patient assessment, diagnosis and treatment, and pharmacotherapeutics from an approved education program; or

(B)a nurse anesthesia program that is approved by the Council on Accreditation of Nurse Anesthesia Educational Programs or another accrediting body the division approves by rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(vi)hold a current registered nurse license in good standing issued by the state or be qualified as a registered nurse;

(vii)to practice within the psychiatric mental health nursing specialty, demonstrate, as the division requires by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the applicant is in the process of completing the applicant's clinical practice requirements in psychiatric mental health nursing, including psychotherapy;

(viii)have passed the examinations the division requires by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(ix)meet with the board, if the board requests, to determine the applicant's qualifications for licensure.

(b)A licensed advanced practice registered nurse may:

(i)maintain and promote health and prevention of disease;

(ii)diagnose, treat, correct, consult, and provide a referral;

(iii)prescribe or administer prescription drugs or devices, including:

(A)local anesthesia; and

(B)Schedule II-V controlled substances in accordance with Section 58-31b-803 ;

(iv)if a licensed advanced practice registered nurse - certified registered nurse anesthetist, engage in the practice of nurse anesthesia;

(v)engage in other activities that are within the practice of advanced practice registered nursing as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(A)within the generally recognized scope and standards of advanced practice registered nursing; and

(B)consistent with professionally recognized preparation and education standards of an advanced practice registered nurse.

(c)Notwithstanding Sections 58-67-805 and 58-68-805 , authorization to treat under this section includes performing minor surgical procedures.

(d)The division may only define an activity as within the practice of advanced practice registered nursing if:

(i)the activity is:

(A)within the generally recognized scope of practice for a licensed advanced practice registered nurse; and

(B)consistent with professionally recognized standards; or

(ii)the inclusion of the activity is consistent with a recommendation from the Office of Professional Licensure Review.

(a)An applicant for certification as a medication aide certified shall:

(i)submit an application to the division on a form the division approves;

(ii)pay a fee to the division as determined under Section 63J-1-504 ;

(iii)have a high school diploma or the equivalent;

(iv)have a current certification as a nurse aide, in good standing, from the Department of Health and Human Services;

(v)have a minimum of 2,000 hours of experience within the two years before the day on which the applicant submits the application, working as a certified nurse aide in a long-term care facility or another health care facility that the division designates by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(vi)provide letters of recommendation from a health care facility administrator and a registered nurse familiar with the applicant's work practices as a certified nurse aide;

(vii)have the physical and mental health to safely perform the activities described in Subsection (3)(b) ;

(viii)have completed an approved education program for a medication aide certified consisting of at least 60 hours of classroom training and 40 hours of practical training in administering a routine medication to a patient or a resident of a long-term care facility or an equivalent that the division determines by rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(ix)have passed the examinations the division requires by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(x)meet with the board, if requested, to determine the applicant's qualifications for licensure.

(b)While under the supervision of a licensed registered nurse, a medication aide certified may:

(i)provide routine patient care that requires minimal or limited specialized or general knowledge, judgment, and skill, to a patient who:

(A)is ill, injured, infirm, or is physically, mentally, developmentally, or intellectually disabled; and

(B)is in a regulated long-term care facility;

(ii)administer a routine medication to a patient in accordance with a formulary and protocol the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(iii)engage in other activities that are within the practice of a medication aide certified as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(A)within the generally recognized scope and standards of a medication aide certified; and

(B)consistent with professionally recognized preparation and education standards of a medication aide certified.

(c)The division may only define an activity as within the practice of a medication aide certified if:

(i)the activity is:

(A)within the generally recognized scope of practice for a medication aide certified; and

(B)consistent with professionally recognized standards; or

(ii)the inclusion of the activity is consistent with a recommendation from the Office of Professional Licensure Review.

(d)A medication aide certified may not assist a resident of a long-term care facility to self-administer a medication that the Department of Health and Human Services regulates by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(a)An applicant for licensure as a licensed practical nurse shall:

(i)submit to the division an application in a form the division approves;

(ii)pay to the division a fee determined under Section 63J-1-504 ;

(iii)have a high school diploma or the equivalent;

(iv)have the physical and mental health to safely perform the activities described in Subsection (4)(b) ;

(v)have completed an approved education program for practical nursing or an equivalent that the board approves;

(vi)have passed the examinations the division requires by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(vii)meet with the board, if requested, to determine the applicant's qualifications for licensure.

(b)A licensed practical nurse may, while under the direction of a licensed registered nurse, licensed physician, or other health care professional the division specifies by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(i)contribute to the assessment of the health status of a patient;

(ii)participate in the development and modification of the strategy of care;

(iii)implement appropriate aspects of the strategy of care;

(iv)maintain safe and effective nursing care rendered to a patient directly or indirectly;

(v)participate in the evaluation of responses to interventions;

(vi)perform other activities that are within the generally recognized scope of practice of a licensed practical nurse as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(vii)engage in practice of practical nursing, as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that is:

(A)within the generally recognized scope and standards of practical nursing; and

(B)consistent with professionally recognized preparation and education standards of a practical nurse.

(c)The division may only define an activity as within the practice of practical nursing if:

(i)the activity is:

(A)within the generally recognized scope of practice for a licensed practical nurse; and

(B)consistent with professionally recognized standards; or

(ii)the inclusion of the activity is consistent with a recommendation from the Office of Professional Licensure Review.

(a)An applicant for licensure as a registered nurse shall:

(i)submit to the division an application form the division approves;

(ii)pay to the division a fee determined under Section 63J-1-504 ;

(iii)have a high school diploma or the equivalent;

(iv)have the physical and mental health to safely perform the activities described in Subsection (5)(b) ;

(v)complete an approved education program for registered nursing that the division approves;

(vi)have passed the examinations the division requires by rule the division makes in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(vii)meet with the board, if the board requests, to determine the applicant's qualifications for licensure.

(b)A licensed registered nurse may:

(i)assess the health status of a patient;

(ii)identify health care needs;

(iii)establish goals to meet identified health care needs;

(iv)plan a strategy of care;

(v)prescribe nursing interventions to implement the strategy of care;

(vi)implement the strategy of care;

(vii)render safe and effective nursing care to a patient directly or indirectly;

(viii)evaluate responses to nursing interventions;

(ix)teach the theory and practice of nursing;

(x)manage and supervise the practice of nursing; and

(xi)engage in other activities that are within the practice of a licensed registered nurse as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that is:

(A)within the generally recognized scope and standards of registered nursing; and

(B)consistent with professionally recognized preparation and education standards of a registered nurse.

(c)The division may only define an activity as within the practice of a licensed registered nurse if:

(i)the activity is:

(A)within the generally recognized scope of practice for a licensed registered nurse; and

(B)consistent with professionally recognized standards; or

(ii)the inclusion of the activity is consistent with a recommendation from the Office of Professional Licensure Review.

(a)An applicant for licensure as a registered nurse apprentice shall:

(i)submit to the division an application form the division approves;

(ii)pay to the division a fee determined under Section 63J-1-504 ;

(iii)have a high school diploma or the equivalent;

(iv)have sufficient physical and mental health to safely perform the activities described in Subsection (6)(b) ;

(v)as determined by an approved education program, be:

(A)in good standing with the approved education program; and

(B)in the last two semesters, quarters, or competency experiences of the program;

(vi)have written permission from the program in which the applicant is enrolled; and

(vii)meet with the board, if requested, to determine the applicant's qualifications for licensure.

(b)A licensed registered nurse apprentice may engage in the practice of a registered nurse that:

(i)the division defines by rule the division makes that is:

(A)in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(B)within the generally recognized scope and standards of registered nursing; and

(C)consistent with professionally recognized preparation and education standards of a registered nurse; and

(ii)the registered nurse apprentice performs under the indirect supervision of an individual licensed in accordance with:

(A)Subsection 58-31b-301(2)(a) , (2)(b), (2)(c), or (2)(g);

(B)Chapter 67, Utah Medical Practice Act; or

(C)Chapter 68, Utah Osteopathic Medical Practice Act.

Repealed and Re-enacted by Chapter 96 , 2026 General Session