Senate Bill #2538 (2018)

AN ACT RELATING TO HEALTH AND SAFETY - REGISTRATION OF NURSING ASSISTANTS

Allows for a nurse to delegate tasks to certified nursing assistants and authorizes the department of health to promulgate regulations that delineate delegable tasks.

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Changes since original draft

  • 2018 – S 2538
  • 2018 – S 2538 SUBSTITUTE A
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  • LC003200
  • LC003200/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • ____________
  • 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. 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 nursing assistants qualifying under §23-17.9- 5 could increase independence, feasibility, and quality of health care services in home care settings with the maximum number of safeguards.
  • (b) Delegation allows a nursing assistant to perform a specific nursing activity, skill, or procedure that is outside of the nursing assistant's traditional role.
  • (c) A nursing assistant as defined in §23-17.9 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 2. This act shall take effect upon passage.
  • Introduced By: Senator Louis P. DiPalma
  • Date Introduced: March 01, 2018
  • Referred To: Senate Health & Human Services
  • It is enacted by the GeneralAssembly 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 andrelatedhealth 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 practicalnursing 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 shalltake effect upon passage.
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  • LC003200
  • LC003200/SUB A
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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 nursing assistants and authorizes the department of health to promulgate regulations that delineate delegable tasks.
  • This act would take effect upon passage. ======== LC003200 ========
  • LC003200/SUB A - Page 2of 3
  • 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. ======== LC003200/SUB A ========
  • LC003200/SUB A - Page 3of 3

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

May 15, 2018 at 4:28pm
Yeas: 36 / Nays: 0 / Not voting: 1 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y