2018 -- S 2538 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY - REGISTRATION OF NURSING ASSISTANTS

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: March 01, 2018

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-17.9-2 of the General Laws in Chapter 23-17.9 entitled

"Registration of Nursing Assistants" is hereby amended to read as follows:

     23-17.9-2. Definitions -- Supervision of nursing assistants -- Inapplicability of

chapter.

     (a) As used in this chapter:

     (1) "Certifying agency" means the state department of health.

     (2) "Director" means the director of the state department of health, or his or her designee.

     (3) "Nursing assistant" or "certified nursing assistant" is defined as a nurses' aide, orderly,

or home health aide who is a paraprofessional trained to give personal care and related health care

and assistance based on his or her level of preparation to individuals who are sick, disabled,

dependent, or infirmed and who are residents of or who receive services from health care

facilities licensed pursuant to chapter 17 of this title or receiving services from agencies licensed

pursuant to chapter 17.7 of this title. The director of the department of health may, by regulation,

establish different levels of nursing assistants.

     (b) Nursing assistants shall be supervised by professional (registered nurses) and other

appropriate professional members of a health care facility or physician.

     (c) Notwithstanding any provision of this chapter, nothing in this section shall apply to

those persons designated solely as personal-care attendants, or programs established and

administered for the purpose of providing personal-care-attendant service, established by chapter

8.1 of title 40.

     (d) No provision of this chapter shall apply to those persons who are actively

matriculated in a bachelor of science in nursing, associate degree program in nursing, an

accredited licensed practical nursing program, or registered nurse course of study in a national

league for nursing accredited nursing program, provided those persons have completed a

minimum of two (2) clinical courses and provided those individuals are supervised by a R.N.

     (e) No provision of this chapter or of the rules and regulations pertaining to Rhode Island

certificates of registration for nursing assistants, medication aides, and the approval of nursing

assistant and medication aide training programs, including the provisions related to medication

aides, shall apply to those persons who are actively matriculated in a bachelor of science in

nursing, associate degree program in nursing, an accredited licensed practical nursing program, or

registered nurse course of study in a national league for nursing accredited nursing program;

provided, those persons have completed a minimum of two (2) clinical courses and appropriate

training in medication administration and provided those individuals are supervised by a

registered nurse.

     SECTION 2. Chapter 23-17.9 of the General Laws entitled "Registration of Nursing

Assistants" is hereby amended by adding thereto the following section:

     23-17.9-15. Delegation.

     (a) Allowing for a nurse to delegate tasks to certified nursing assistants qualifying under

§ 23-17.9-5 if the patient is stable and predictable, could increase independence, feasibility, and

quality of health care services in home care settings with the maximum number of safeguards.

     (b) Delegation allows a certified nursing assistant to perform a specific nursing activity,

skill, or procedure that is outside of the certified nursing assistant's traditional role.

     (c) A certified nursing assistant, as defined in § 23-17.9-2, who provides care to

individuals in home care settings may accept delegation of nursing care tasks by a Rhode Island

registered nurse licensed under chapter 34 of title 5.

     (d) The department of health will promulgate regulations that delineate delegable tasks,

and the training and proficiency requirements that must be met before a task may be delegated.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - REGISTRATION OF NURSING ASSISTANTS

***

     This act would allow for a nurse to delegate tasks to certified nursing assistants and

authorizes the department of health to promulgate regulations that delineate delegable tasks.

     This act would take effect upon passage.

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