1. (1) "Unprofessional conduct" includes:

   1. (a) failing to destroy a license that has expired due to the issuance and receipt of an increased scope of practice license;
   2. (b) knowingly accepting or retaining a license that has been issued pursuant to a mistake or on the basis of erroneous information;
   3. (c) as an RN or LPN, issuing a prescription for a prescription drug to a patient, except under Section 58-17b-620 or as otherwise legally permissible;

   4. (d) failing as the nurse accountable for directing nursing practice of an agency to verify that:

      1. (i) standards of nursing practice are established and carried out;
      2. (ii) safe and effective nursing care is provided to patients;
      3. (iii) guidelines exist for the organizational management and management of human resources needed for safe and effective nursing care to be provided to patients; or
      4. (iv) the nurses employed by the agency have the knowledge, skills, ability, and current competence to carry out the requirements of their jobs;

   5. (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:

      1. (i) did not result in any form of abuse or exploitation of the surrogate or patient; and

      2. (ii) did not adversely alter or affect in any way:

         1. (A) the nurse's professional judgment in treating the patient;
         2. (B) the nature of the nurse's relationship with the surrogate; or
         3. (C) the nature of the nurse's relationship with the patient;
   6. (f) engaging in disruptive behavior in the practice of nursing;
   7. (g) prescribing to oneself any controlled substance drug, in violation of Subsection R156-37-502(1)(a);

   8. (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;

      1. (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;
   9. (j) as an APRN, violating Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;

   10. (k) failing to practice within limits of competency, in violation of Section 58-31b-801;

       1. (l) failing to comply with the American Nurses Association (ANA) Code of Ethics for Nurses, in violation of Subsection R156-31b-703a(20); or
   11. (m) violating Section R156-31b-703b.
2. (2) "Unprofessional conduct" does not include, when licensed as an RN, and in accordance with a school's policies and Sections R156-31b-701a and R156-31b-701b, delegating or training an unlicensed assistive person to administer medications under a prescribing practitioner's order and an IHP.

KEY: licensing, nurses

Date of Last Change: January 16, 2025

Notice of Continuation: October 27, 2022

Authorizing, and Implemented or Interpreted Law: 58-31b-101; 58-1-106(1)(a); 58-1-202(1)(a)