(1)This part 1 does not prohibit:
(a)Gratuitous care of friends or members of the family;
(b)Domestic administration of family remedies or care of the sick by
domestic servants, housekeepers, companions, or household aides of any type,
whether employed regularly or because of an emergency of illness, but who shall
not in any way assume to practice practical or professional nursing or as a certified
midwife;
(c)Nursing or midwifery assistance in the case of an emergency;
(d)The practice of nursing or as a certified midwife in this state by any
legally qualified nurse or certified midwife of another state whose engagement
requires the nurse or certified midwife to accompany and care for a patient
temporarily residing in this state during the period of one engagement, not to
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(1) This part 1 does not prohibit:
(a) Gratuitous care of friends or members of the family;
(b) Domestic administration of family remedies or care of the sick by
domestic servants, housekeepers, companions, or household aides of any type,
whether employed regularly or because of an emergency of illness, but who shall
not in any way assume to practice practical or professional nursing or as a certified
midwife;
(c) Nursing or midwifery assistance in the case of an emergency;
(d) The practice of nursing or as a certified midwife in this state by any
legally qualified nurse or certified midwife of another state whose engagement
requires the nurse or certified midwife to accompany and care for a patient
temporarily residing in this state during the period of one engagement, not to
exceed six months in length, if the person does not represent or hold himself or
herself out as a practical or professional nurse or certified midwife licensed to
practice in this state;
(e) The practice of any nurse or certified midwife licensed in this state or
another state or a territory of the United States who is employed by the United
States government or any bureau, division, or agency of the United States
government while in the discharge of official duties;
(f) The practice of nursing or midwifery by students enrolled in an approved
education program or midwifery education program when the practice is performed
as part of the approved education program or midwifery education program prior to
the graduation of the student;
(g) The practice of nursing or as a certified midwife by any nurse or midwife
who is licensed in any other state, any territory of the United States, or any other
country and is enrolled in a baccalaureate or graduate program, if the practice is
performed as a part of the program;
(h) The administration and monitoring of medications in facilities pursuant to
part 3 of article 1.5 of title 25;
(i) The administration of nutrition or fluids through gastrostomy tubes as
provided in sections 25.5-10-204 (2)(j) and 27-10.5-103 (2)(i) as a part of residential
or day program services provided through service agencies approved by the
department of health care policy and financing pursuant to section 25.5-10-206;
(j) The administration of topical and aerosol medications within the scope of
physical therapy practice as provided in section 12-285-116 (2);
(k) The practice of administration and monitoring as defined in section 25-1.5-301 (1) and (3);
(l) The administration of medications by child care providers to children
cared for in family child care homes pursuant to section 26.5-5-325;
(m) A person who provides nonmedical support services from using the title
Christian Science nurse when offering or providing services to a member of his or
her own religious organization;
(n) (I) The administration of epinephrine auto-injectors by a licensee in a
public school or nonpublic school pursuant to a policy adopted in accordance with
section 22-1-119.5;
(II) The issuance by an advanced practice registered nurse with prescriptive
authority of standing orders and protocols for the use of epinephrine auto-injectors
for emergency use in a public school or nonpublic school pursuant to a policy
adopted in accordance with section 22-1-119.5; or
(III) The training by a licensee of and the delegation to designated school
personnel on the recognition of the symptoms of anaphylactic shock and on the
administration of epinephrine auto-injectors in a public school or nonpublic school
pursuant to a policy adopted in accordance with section 22-1-119.5;
(o) A prescription by an advanced practice registered nurse with prescriptive
authority for the use of epinephrine auto-injectors by an authorized entity in
accordance with article 47 of title 25;
(p) The administration of medical marijuana in a nonsmokeable form by a
licensed nurse in a public school or nonpublic school pursuant to a policy adopted
pursuant to section 22-1-119.3 (3)(d.5);
(q) The training by a licensed nurse of school personnel or volunteers on the
administration of medical marijuana in a nonsmokeable form in a public school or
nonpublic school to a student with a valid medical marijuana recommendation
pursuant to a policy adopted pursuant to section 22-1-119.3 (3)(d.5).
(2) This part 1 shall not be construed as applying to a person who nurses or
cares for the sick in accordance with the practice or tenets of any church or
religious denomination that teaches reliance upon spiritual means through prayer
for healing and who does not hold himself or herself out to the public to be a
licensed practical or professional nurse or a certified midwife.
(3) Nothing in this part 1:
(a) Prohibits any licensee from practicing practical or professional nursing or
as a certified midwife independently for compensation upon a fee for services
basis;
(b) Prohibits or requires the direct reimbursement for nursing or certified
midwife services and care through qualified governmental and insurance programs
to persons duly licensed in accordance with this part 1; or
(c) Conveys to the practice of nursing or the practice as a certified midwife
the performance of medical practice as regulated by article 240 of this title 12,
other than as permitted under section 12-240-107 (1)(f)(I).
(4) Repealed.