Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 380 - STATE BOARD OF NURSING › Chapter 5 - REGULATIONS RELATING TO TRAINING PROGRAMS AND DELEGATION BY REGISTERED PROFESSIONAL NURSES OF SELECTED NURSING TASKS TO CERTIFIED NURSING ASSISTANTS › Section 380-5-1 - General Regulations Relating to Delegation of Selected Nursing Tasks by Licensed Nurses

Current through 2024-29, July 17, 2024
A. The registered
				professional nurse is responsible for the nature and quality of all nursing
				care that a patient receives. Assessment of the nursing needs of a patient, the
				plan of nursing actions, implementation of the plan, and evaluation are
				essential components of professional nursing practice and are the functions of
				the registered professional nurse. Although other personnel may be employed to
				assist the registered professional nurse in the performance of these functions,
				such personnel cannot be used as a substitute for the registered professional
				nurse. The services of registered professional nurses may be supplemented and
				complemented by the services of licensed practical nurses and certified nursing
				assistants.
1. The registered professional
				nurse in a hospital, nursing facility, skilled care facility, ambulatory care,
				community health agency, facilities providing assisted housing services
				licensed under 10-144 CMR Ch. 113, Regulations Governing the Licensing and
				Functioning of Assisted Housing Programs correction facilities and county
				jails. shall determine those nursing tasks that may safely be delegated to
				nursing assistants. No task shall be delegated that is not listed in the Skills
				Checklist of the PRESCRIBED GENERALIST CURRICULUM FOR NURSING ASSISTANT
				TRAINING PROGRAMS, or authorized after additional training by a facility or
				organization as described in this chapter. When the task is the administration
				of medications, nothing may be delegated that is not listed in the Skills
				Checklist of the Standardized Medication Course for Certified Nursing
				Assistants.
2. In assigning
				selected nursing tasks to certified nursing assistants, the registered
				professional nurse is responsible for complying with the provisions of this
				chapter and for exercising the judgment and knowledge ordinarily expected of a
				registered professional nurse. The nursing employer shall determine that the
				nursing assistant is listed on the Maine Registry of Certified Nursing
				Assistants and Direct Care Workers and will ensure that the certified nursing
				assistant meets the competency requirements of the facility or
				organization.
3. The registered
				professional nurse also is responsible for supervision of certified nursing
				assistants to whom delegation is made. The degree of supervision needed shall
				be determined by the registered professional nurse after an evaluation of all
				factors involved, including without limitation:
a) The right task: the activity falls within
				the certified assistant's job description and is included as part of the
				established written policies and procedures of the nursing practice
				setting;
b) The right circumstance:
				the stability of the condition of the patient;
c) The right person: the training and
				capability of the certified nursing assistant to whom the delegation is being
				made;
d) The right direction and
				communication: each delegation should be specific to the patient, the
				registered professions, the certified nursing assistant. The registered
				professional nurse is expected to communicate specific instructions for the
				delegated activity to the certified nursing assistant and ascertain that the
				certified nursing assistant understands what is expected of him/her and agrees
				to accept the delegation; and
e)
				The right supervision and evaluation: supervision may require direct,
				continuing presence of the registered professional nurse to observe, guide and
				direct the nursing assistant; intermittent observation and direction by the
				registered professional nurse who may only occasionally be physically present;
				or development of a plan of care, in advance, by the registered professional
				nurse which will be implemented by the nursing assistant without the physical
				presence of the registered professional nurse. In the latter situation, the
				registered professional nurse must be available for supervision, in person, in
				the event circumstances arise that cause the registered professional nurse to
				believe such supervision is necessary.