Section R156-31b-502 - Unprofessional Conduct(1) "Unprofessional conduct" includes:(a) failing to destroy a license that has expired due to the issuance and receipt of an increased scope of practice license;(b) knowingly accepting or retaining a license that has been issued pursuant to a mistake or on the basis of erroneous information;(c) as an RN or LPN, issuing a prescription for a prescription drug to a patient, except in accordance with Section 58-17b-620 or as otherwise legally permissible;(d) failing as the nurse accountable for directing nursing practice of an agency to verify: (i) that standards of nursing practice are established and carried out;(ii) that safe and effective nursing care is provided to patients;(iii) that guidelines exist for the organizational management and management of human resources needed for safe and effective nursing care to be provided to patients; or(iv) that the nurses employed by the agency have the knowledge, skills, ability, and current competence to carry out the requirements of their jobs;(e) engaging in sexual contact with a patient surrogate concurrent with the nurse-patient relationship, unless the nurse affirmatively shows by clear and convincing evidence that the contact: (i) did not result in any form of abuse or exploitation of the surrogate or patient; and(ii) did not adversely alter or affect in any way:(A) the nurse's professional judgment in treating the patient;(B) the nature of the nurse's relationship with the surrogate; or(C) the nature of the nurse's relationship with the patient;(f) engaging in disruptive behavior in the practice of nursing;(g) prescribing to oneself any controlled substance drug, in violation of Subsection R156-37-502(1)(a);(h) violating a federal or state law relating to controlled substances, including self-administering a controlled substance that is not lawfully prescribed by another licensed practitioner having authority to prescribe the drug, in violation of Section R156-37-502;(i) as an APRN, failing to comply with Section 58-37-19, regarding discussion with a patient or the patient's guardian before issuing an initial opiate prescription;(j) as an APRN, violating Title 26, Chapter 61a, Utah Medical Cannabis Act;(k) failing to practice within limits of competency, in violation of Section 58-31b-801;(l) failing to comply with the American Nurses Association (ANA) Code of Ethics for Nurses, in violation of Subsection R156-31b-703a(20); or(m) violation Section R156-31b-703b.(2) "Unprofessional conduct" does not include, when licensed as an RN, and in accordance with a school's policies and Sections R156-31b-70a and R156-31b-701b, delegating or training an unlicensed assistive person to administer medications in accordance with a prescribing practitioner's order and an IHP.Utah Admin. Code R156-31b-502
Amended by Utah State Bulletin Number 2020-01, effective 12/9/2019Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021Amended by Utah State Bulletin Number 2022-01, effective 12/27/2021Amended by Utah State Bulletin Number 2023-03, effective 1/24/2023