An Act Relating to Delegation of Nursing Activities and Tasks to Unlicensed Assistive Personnel by Registered Professional Nurses
Maine Legislature, Session 131, LD 2126
Committee Amendment CA_A_H827 (House)
Amends: 32 MRSA §2102

COMMITTEE AMENDMENT «A "to H.P. 1350, L.D. 2126, "An Act Relating to 
Delegation of Nursing Activities and Tasks to Unlicensed Assistive Personnel by 
Registered Professional Nurses" 
Amend the bill by striking out everything after the enacting clause and insetting the 
following: 
'Sec. 1. 32 MRSA §2102, sub-§2, ,iH, as enacted by PL 1995, c, 670, Pt. C, §6 
and affected by Pt. D, §5, is repealed and the following enacted in its place: 
H. Delegation of specific nursing activities and tasks to be provided by unlicensed 
assistive personnel, This paragraph may not be construed to require a nurse to delegate, 
or permit a person to coerce a nurse into delegating. specific nursing activities and tasks 
in any care setting against the nurse's professional judgment or to prohibit a nurse in 
the exercise of the nurse's professional judgment from refusing to delegate specific 
.nursing activities and tasks in any care setting. The board shall adopt such rules 
concerning delegation as it considers necessa1y to ensure access to quality health care 
for the patient. Rules adopted pursuant to this paragraph are major substantive rules as 
defined in Titles', chapter 375, subchapter 2-A. 
Sec. 2. 32 MRSA §2102, sub-§11 is enacted to read: 
11. 
Unlicensed assistive personnel. 
"Unlicensed assistive personnel" means 
individuals trained to function in a suppottive role. regardless of job title, to whom a 
specific nursing activity or task may be delegated, "Unlicensed assistive personnel" does 
not include certified nursing assistants or individuals employed in practical nursing or 
unpaid individuals performing tasks at the direction of a patient.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
Page I - 131LR2690(02) 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT •A "to H.P. 1350, L.D. 2126 
I 
SUMMARY 
This amendment replaces the bill. The amendment authorizes the delegation of specific 
nursing activities and tasks by a nurse to unlicensed assistive personnel, but preserves the 
authority of a nurse, in the exercise of the nurse's professional judgment, to refuse to 
delegate specific nursing activities and tasks in any care setting. The amendment also 
specifies that the authorization to delegate may not be construed to require a nurse to 
delegate, or permit a person to coerce a nurse into delegating, specific nursing activities 
and tasks against the nurse's professional judgment. The amendment defines "unlicensed 
assistive personnel" and requires the State Board of Nursing to adopt major substantive 
rules concerning delegation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
\ 
I 
Approved: 02/23/24 fea~ 
LD2126 
LR2690(02) 
An Act Relating to Delegation of Nursing Activities and Tasks to Unlicensed Assistive Personnel by 
Registered Professional Nurses 
Fiscal Note for Bill as Amended by Committee Amendment •4• ( H-----fJZ '7 \ 
Committee: Health Coverage, Insurance and Financial Services 
J 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the State Board of Nursing, affiliated with the Depaitment of Professional and Financial 
Regulation, associated with the rulemaking process can be absorbed within existing budgeted resources. 
LR2690(02) - Fiscal Note - Page I of I