As used in this article 255, unless the context
otherwise requires:
(1) Advanced practice registered nurse means a registered professional
nurse who is licensed to practice pursuant to this part 1, who obtains specialized
education or training as provided in section 12-255-111, and who applies to and is
accepted by the board for inclusion in the advanced practice registry established
pursuant to section 12-255-111.
(2) Approved education program means a course of education conducted
by an educational or health-care institution that implements the basic practical or
professional nursing curriculum or the basic nurse aide curriculum, as applicable,
prescribed and approved by the board.
(3) Board means the state board of nursing created in section 12-255-105.
(3.2) Certified midwife means an individual who meets the qualifications
for practice as a certified midwife, as specified in this part 1 and by the American
Midwifery Certification Board, or its successor entity, and who is currently licensed
by the board. Only an individual who holds a license to practice as a certified
midwife in this state pursuant to this part 1 has the right to use the title certified
midwife and its abbreviation, C.M.
(3.3) Certified nurse aide means a person who meets the qualifications
specified in part 2 of this article 255 and who is currently certified by the board.
Only a person who holds a certificate to practice as a nurse aide in this state
pursuant to part 2 of this article 255 has the right to use the title certified nurse
aide and its abbreviation, C.N.A.
(3.5) Collaboration means the act of licensed health-care providers
working cooperatively within each licensed health-care provider's scope of practice
to formulate and carry out the plan of patient care.
(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 part 1.
(4.5) (a) Delegation of patient care means aspects of patient care that are
consistent with a plan of patient care prescribed by a licensed health-care provider
within the scope of the provider's practice and that may be delegated to a
registered nurse or licensed practical nurse within the scope of the nurse's
practice. Delegation of patient care includes aspects of patient care that may be
delegated by a licensed health-care provider within the scope of the provider's
practice and within the provider's professional judgment to a licensed or an
unlicensed health-care provider within the scope of that provider's practice.
Nothing in this subsection (4.5) limits or expands the scope of practice of any nurse
or certified midwife licensed pursuant to this article 255.
(b) As used in this subsection (4.5), plan of patient care means a written
plan, verbal order, standing order, or protocol, whether patient specific or not, that
authorizes specific or discretionary nursing or certified midwife action and that may
include the administration of medication.
(5) Diagnosing means the use of professional nursing knowledge and skills
in the identification of, and discrimination between, physical and psychological
signs or symptoms to arrive at a conclusion that a condition exists for which nursing
care is indicated or for which referral to appropriate medical or community
resources is required. Diagnosis has a corresponding meaning.
(5.3) Home health agency means a provider of home health services, as
defined in section 25.5-4-103 (7), that is certified by the department of public
health and environment.
(5.5) Licensed health-care provider means an individual who is licensed or
otherwise authorized by the state pursuant to this title 12 or article 3.5 of title 25 to
provide health-care services.
(5.6) Medical-aesthetic services means therapeutic procedures used in
aesthetics.
(5.7) Medical facility means a nursing facility licensed by the department
of public health and environment or home health agencies certified to receive
medicare or medicaid funds, pursuant to the federal Social Security Act; distinct
part nursing facilities; or home health agencies or entities engaged in nurse aide
practice. Medical facility does not include hospitals and other facilities licensed
or certified pursuant to section 25-1.5-103 (1)(a).
(5.8) Nursing facility has the meaning set forth in section 25.5-4-103 (14).
(6) Panel means either panel of the board created in section 12-255-119 (1).
(7) Practical nurse, trained practical nurse, licensed vocational nurse,
or licensed practical nurse means a person who holds a license to practice
pursuant to this part 1 as a licensed practical nurse in this state or is licensed in
another state and is practicing in this state pursuant to section 24-60-3802, with
the right to use the title licensed practical nurse and its abbreviation L.P.N. or
licensed vocational nurse and its abbreviation, L.V.N.
(7.5) Practice as a certified midwife means the performance of services
requiring the education, training, and skills specified by the American Midwifery
Certification Board, or its successor entity, for midwife certification from that
entity.
(8) (a) Practice of advanced practice registered nursing means an
expanded scope of professional nursing in a scope, role, and population focus
approved by the board, with or without compensation or personal profit, and
includes the practice of professional nursing.
(b) Practice of advanced practice registered nursing includes prescribing
medications as may be authorized pursuant to section 12-255-112.
(c) Nothing in this subsection (8) shall alter the definition of the practice of
professional nursing.
(8.5) Practice of a nurse aide or nursing aide practice means the
performance of services requiring the education, training, and skills specified in
part 2 of this article 255 for certification as a nurse aide. These services are
performed under the supervision of a dentist, physician, podiatrist, professional
nurse, licensed practical nurse, or other licensed or certified health-care
professional acting within the scope of the professional's license or certificate.
(9) (a) Practice of practical nursing means the performance, under the
supervision of a licensed health-care provider authorized to practice in this state, of
those services requiring the education, training, and experience, as evidenced by
knowledge, abilities, and skills required in this part 1 for licensing as a practical
nurse pursuant to section 12-255-114, in:
(I) Caring for the ill, injured, or infirm;
(II) Teaching and promoting preventive health measures;
(III) Acting to safeguard life and health;
(IV) Administering treatments and medications prescribed by a licensed
health-care provider; or
(V) Participating in the assessment, planning, implementation, and
evaluation of the delivery of patient care services that is commensurate with the
practical nurse's education.
(b) Practice of practical nursing includes:
(I) The performance of delegated medical functions and delegated patient
care functions;
(II) The assumption of responsibilities and accountabilities for the
performance of acts within the practical nurse's educational background and using
procedures leading to predictable outcomes; and
(III) The administration and management of nursing, including directing and
assigning nursing interventions that may be performed by other licensed or
unlicensed health-care personnel.
(c) Nothing in this part 1 limits or denies a practical nurse from supervising
other practical nurses or other licensed or unlicensed health-care personnel.
(10) (a) Practice of professional nursing means the delivery of independent
and collaborative nursing care to individuals of all ages, families, groups, and
communities, whether sick or well, in all settings. The functions include the
initiation and performance of nursing care through health promotion, supportive or
restorative care, disease prevention, diagnosis and treatment of human disease,
ailment, pain, injury, deformity, and physical or mental condition using specialized
knowledge, judgment, and skill involving the application of biological, physical,
social, and behavioral science principles required for licensure as a professional
nurse pursuant to section 12-255-110.
(b) The practice of professional nursing includes the performance of such
services as:
(I) Evaluating health status through the collection and assessment of health
data;
(II) Health teaching and health counseling;
(III) Providing therapy and treatment that is supportive and restorative to life
and well-being either directly to the patient or indirectly through consultation with,
delegation to, supervision of, or teaching of others;
(IV) Executing delegated medical functions and delegated patient care
functions;
(V) Referring to medical or community agencies those patients who need
further evaluation or treatment;
(VI) Reviewing and monitoring therapy and treatment plans.
(11) Registered nurse or registered professional nurse means a
professional nurse, and only a person who holds a license to practice professional
nursing in this state pursuant to this part 1 or who holds a license in another state
and is practicing in this state pursuant to section 24-60-3802 may use the title
registered nurse and its abbreviation, R.N.
(12) Treating means the selection, recommendation, execution, and
monitoring of those nursing measures essential to the effective determination and
management of actual or potential human health problems and to the execution of
the delegated medical functions and delegated patient care functions. The
delegated medical functions and delegated patient care functions shall be
performed under the responsible direction and supervision of a licensed health-care
provider. Treatment has a corresponding meaning.
(13) Unauthorized practice, for purposes of this part 1, means:
(a) The practice of practical nursing or the practice of professional nursing
by any individual:
(I) Who has not been issued a license under this part 1;
(II) Who is not practicing in this state pursuant to section 24-60-3802; or
(III) Whose license has been suspended or revoked or has expired; or
(b) The practice as a certified midwife by any individual who has not been
issued a license under this part 1 or whose license has been suspended or revoked
or has expired.