# COMAR Title 10 — Maryland Department of Health

## Subtitle 27 — Board of Nursing

### Chapter 28 — Delegation of Acts by an Advanced Practice Registered Nurse

#### Regulation .05 Prohibited Conduct and Penalties.

*COMAR 10.27.28.05*

A. An assistant acting beyond the scope of this chapter may be:

  (1) Considered to be engaged in the unlicensed practice of nursing, advanced practice registered nursing, or any other health occupation recognized by the State; and

  (2) Subject to all applicable fines and penalties in accordance with Health Occupations Article, §§8-701—8-711, Annotated Code of Maryland and applicable regulations, or any other applicable provision of Health Occupations Article, Annotated Code of Maryland.

B. A delegating APRN, through either act or omission, facilitation, or otherwise enabling or forcing an assistant to practice beyond the scope of this chapter, may be subject to discipline as set forth in Health Occupations Article, §8-316, Annotated Code of Maryland.

C. A delegating APRN may not:

  (1) Require an assistant to perform a delegated nursing or technical task; or

  (2) Permit an assistant to delegate any act to another individual.
