Utah Supreme Court wrestles with whether nurse practitioners may perform certain ablative cosmetic procedures

The Utah Supreme Court heard oral argument in Anderson v. Department of Commerce over whether the Nurse Practice Act—s scope-of-practice language allows advanced practice registered nurses (APRNs) to perform some surgical procedures, including the ablative body contouring at issue in this case.

Petitioner James Jardine told the court the central question is statutory: does the Nurse Practice Act—s authorization to "diagnose, treat and correct" include surgical procedures? "If the answer to that question is yes," Jardine said, "then . . . Ms. Anderson was authorized to perform the body contouring which was challenged." He urged a plain-language reading of "correction" that would include procedures such as wart and mole removal, circumcision and other interventions the Utah Board of Nursing panel found to be within APRN practice.