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<section article="gho" article_name="Health Occupations" number="8-6A-02" title_number="8" title_name="Nurses" subtitle_number="6A" subtitle_name="Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians">
  <level label="a">
    <text>Subject to subsection (f) of this section and except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be certified by the Board to practice as a nursing assistant, dialysis technician, or medication technician before the individual may practice as a nursing assistant, dialysis technician, or medication technician in the State.</text>
  </level>
  <level label="b">
    <text>This subtitle does not apply to an individual who:</text>
    <level label="1">
      <text>Practices a health occupation that the individual is authorized to practice under this article;</text>
    </level>
    <level label="2">
      <text>Provides for the gratuitous care of friends, domestic partners, or family members;</text>
    </level>
    <level label="3">
      <text>Performs nursing assistant tasks while a nursing student enrolled in an accredited nursing program and practicing under the direct supervision of qualified faculty or preceptors;</text>
    </level>
    <level label="4">
      <text>Performs nursing assistant tasks as a student while:</text>
      <level label="i">
        <level label="1">
          <text>Enrolled in a Board–approved nursing assistant training program; or</text>
        </level>
        <level label="2">
          <text>Enrolled in an acute care nursing assistant training program; and</text>
        </level>
      </level>
      <level label="ii">
        <text>Practicing under the direct supervision of qualified faculty or preceptors;</text>
      </level>
    </level>
    <level label="5">
      <text>Performs nursing assistant tasks as a student while enrolled in an accredited nursing program after the successful completion of the portion of the approved nursing education program that the Board determines meets the requirements of an approved nursing assistant training program or medication administration course;</text>
    </level>
    <level label="6">
      <text>Performs medication technician tasks as a student while practicing under the direct supervision of qualified faculty;</text>
    </level>
    <level label="7">
      <text>Performs dialysis technician tasks as a student while under the direct supervision of qualified faculty;</text>
    </level>
    <level label="8">
      <text>Works as a principal or school secretary, does not administer medication as a routine part of the position, and has completed training by the delegating nurse for the occasion where the individual may need to administer medication in the absence of the nurse or medication technician; or</text>
    </level>
    <level label="9">
      <text>Practices as a certified nursing assistant–I for less than 4 months in accordance with 42 C.F.R. § 483.35(d).</text>
    </level>
  </level>
  <level label="c">
    <text>This section does not preclude a registered nurse or licensed practical nurse from delegating a nursing or other technical task to an unlicensed individual if acceptance of delegated nursing or other technical tasks does not become a routine part of the unlicensed individual’s job duties.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>Subject to regulations adopted by the Board under paragraph (2) of this subsection, this section does not preclude an advanced practice registered nurse from delegating a nursing or other technical task to an assistant if:</text>
      <level label="i">
        <text>The assistant performs only tasks that the assistant is trained to perform; and</text>
      </level>
      <level label="ii">
        <text>The delegating advanced practice registered nurse provides:</text>
        <level label="1">
          <text>Instruction to the assistant on the delegated task; and</text>
        </level>
        <level label="2">
          <text>On–site supervision of the assistant performing the delegated task.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The Board shall adopt regulations to carry out this subsection, including regulations that:</text>
      <level label="i">
        <text>Provide for the manner in which an advanced practice registered nurse delegates a nursing or other technical task to an assistant;</text>
      </level>
      <level label="ii">
        <text>Establish limitations on the authority of an advanced practice registered nurse to delegate nursing or other technical tasks to an assistant; and</text>
      </level>
      <level label="iii">
        <text>Otherwise clarify the scope of this subsection.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Subject to regulations adopted by the Board under paragraph (2) of this subsection, this section does not preclude a licensed certified midwife from delegating a technical task to an assistant if:</text>
      <level label="i">
        <text>The assistant performs only tasks that the assistant is trained to perform; and</text>
      </level>
      <level label="ii">
        <text>The delegating licensed certified midwife provides:</text>
        <level label="1">
          <text>Instruction to the assistant on the delegated task; and</text>
        </level>
        <level label="2">
          <text>On–site supervision of the assistant performing the delegated task.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The Board shall adopt regulations to carry out this subsection, including regulations that:</text>
      <level label="i">
        <text>Provide for the manner in which a licensed certified midwife delegates a technical task to an assistant;</text>
      </level>
      <level label="ii">
        <text>Establish limitations on the authority of a licensed certified midwife to delegate technical tasks to an assistant; and</text>
      </level>
      <level label="iii">
        <text>Otherwise clarify the scope of this subsection.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <text>Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be certified by the Board to practice as a nursing assistant and as a dialysis technician before the individual may practice as a dialysis technician in a State–owned hospital or State–owned facility.</text>
  </level>
</section>
