# COMAR Title 10 — Maryland Department of Health

## Subtitle 39 — Board of Nursing — Certificate Holders

### Chapter 01 — Certified Nursing Assistants

#### Regulation .01 Exceptions.

*COMAR 10.39.01.01*

This chapter does not apply to an individual who:

A. Other than a certified nursing assistant, practices a health occupation, that the individual is authorized to practice under the Health Occupations Article, Annotated Code of Maryland;

B. Provides for the gratuitous care of friends, domestic partners, or family members;

C. Performs nursing assistant tasks while a nursing student enrolled in an accredited nursing program if the individual either:

  (1) Is practicing under the direct supervision of qualified faculty or preceptors; or

  (2) Successfully completed the portion of the approved nursing education program that the Board determines meets the requirements of an approved nursing assistant training program as described in Regulation .05D of this chapter;

D. Performs nursing assistant tasks:

  (1) While a student enrolled in an approved nursing assistant training program or approved acute care nursing assistant training program; and

  (2) While practicing under the direct supervision of qualified faculty or preceptors;

E. Practices as a certified nursing assistant-I for less than 4 months in accordance with 42 CFR §483.35(d);

F. Performs nursing tasks delegated by a registered nurse or licensed practical nurse so long as the delegated nursing tasks do not become a routine part of the individual's job duties;

G. Performs nursing tasks delegated by an advanced practice registered nurse in accordance with Health Occupations Article, §8-6A-02(d), Annotated Code of Maryland; or

H. Performs technical tasks delegated by a licensed certified midwife in accordance with Health Occupations Article, §8-6A-02(e), Annotated Code of Maryland.