As used in this chapter: (1) "Administrative penalty" means a monetary fine or citation that the division imposes: (a) for an act or an omission that the division determines is unprofessional or unlawful conduct; (b) in accordance with a fine schedule the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (c) as the result of an adjudicative proceeding the division conducts in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) "Applicant" means an individual who applies for licensure or certification under this chapter by submitting a completed application for licensure or certification and the required fees to the department. (3) "Approved education program" means a nursing education program that meets the requirements of Section 58-31b-601. (4) "Board" means the Board of Nursing and Certified Nurse Midwives created in Section 58-31b-201. (5) "Diagnosis" means the identification of and discrimination between physical and psychosocial signs and symptoms essential to the effective execution and management of health care. (6) "Examinee" means an individual who applies to take or does take any examination required under this chapter for licensure. (7) (a) "License" means a license the division issues in accordance with this chapter. (b) "License" includes a certification until the earlier of: (i) the renewal; or (ii) May 6, 2028. (8) (a) "Licensee" means an individual who is licensed under this chapter. (b) "Licensee" includes an individual who is certified until the earlier of: (i) renewal; or (ii) May 6, 2028. (9) "Long-term care facility" means the following facilities the Department of Health and Human Services licenses under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection: (a) a nursing care facility; (b) a small health care facility; (c) an intermediate care facility for people with an intellectual disability; (d) an assisted living facility Type I or II; or (e) a designated swing bed unit in a general hospital. (10) "Practice of nurse anesthesia" means: (a) in accordance with Section 58-31b-803, prescribing or administering a prescription drug including a Schedule II-V controlled substance; (b) pre-anesthesia preparation and evaluation, including: (i) performing a pre-anesthetic assessment of the patient; and (ii) ordering and evaluating appropriate lab and other studies to determine the health of the patient; (c) anesthesia induction, maintenance, and emergence, including: (i) selecting and initiating the planned anesthetic technique; (ii) selecting and administering anesthetics and adjunct drugs and fluids; and (iii) administering general, regional, and local anesthesia; (d) post anesthesia follow-up care, including evaluating the patient's response to anesthesia and implementing corrective actions; and (e) other related services related to an activity described in Subsections (10)(a) through (10)(d), including: (i) providing emergency airway management; (ii) providing advanced cardiac life support; and (iii) establishing peripheral, central, and arterial invasive lines. (11) "Practice of nursing" means assisting a patient to maintain or attain optimal health, implementing a strategy of care to accomplish defined goals and evaluating responses to care and treatment, and requires substantial specialized or general knowledge, judgment, and skill based upon principles of the biological, physical, behavioral, and social sciences. (12) "Routine medication" means an established medication that: (a) is administered to a medically stable patient as determined by a licensed health care provider or in consultation with a licensed health care provider; and (b) is administered by the following routes: (i) buccal; (ii) ear; (iii) eye; (iv) inhalation: (A) of a premeasured medication delivered by aerosol or nebulizer; or (B) of a medication delivered by a metered hand-held inhaler; (v) nasal; (vi) oral; (vii) rectal; (viii) sublingual; (ix) topical, including a skin ointment or a transdermal patch; or (x) vaginal. (13) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-31b-501. (14) "Unlicensed assistive personnel" means an unlicensed individual, regardless of title, who is delegated a task by a licensed registered nurse as the division permits by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the standards of the profession. (15) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and
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