2019 -- S 0216

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY -- REGISTRATION OF NURSING ASSISTANTS

     

     Introduced By: Senators DiPalma, Miller, Satchell, Sheehan, and Paolino

     Date Introduced: January 31, 2019

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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

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

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

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chapter.

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     (a) As used in this chapter:

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

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

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

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

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

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

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

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

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establish different levels of nursing assistants.

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

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appropriate professional members of a health care facility or physician.

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

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

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

 

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8.1 of title 40.

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

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

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

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

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

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

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

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

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

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

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

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

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

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registered nurse.

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

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

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     23-17.9-15. Delegation.

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

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

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

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

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

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

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

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registered nurse licensed under chapter 34 of title 5.

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

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

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     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

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

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

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     This act would take effect upon passage.

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