SECTION .0400 ‑ UNLICENSED PERSONNEL: NURSE AIDES
21 NCAC 36 .0401 ROLES OF UNLICENSED PERSONNEL
(a)
Definitions. As used in Section .0400:
(1) "Nursing
care activities" means activities performed by unlicensed personnel which
are delegated by licensed nurses in accordance with paragraphs (b) and (c) of
this Rule.
(2) "Patient
care activities" means activities performed by unlicensed personnel when
health care needs are incidental to the personal care required.
(b) The Board
of Nursing, as authorized by G.S. 90-171.23(b)(1)(2)(3), shall be the
determining authority to identify those nursing care activities which may be
delegated to unlicensed personnel. The licensed nurse, registered and
practical, in accordance with 21 NCAC 36 .0224 and .0225 and G.S.
90-171.20(7)(8), may delegate nursing care activities to unlicensed personnel,
regardless of title, that are appropriate to the level of knowledge and skill
of the unlicensed personnel and are within the legal scope of practice as
defined by the Board of Nursing for unlicensed personnel.
(c) Those
activities which may be delegated to unlicensed personnel are determined by the
following variables:
(1) knowledge
and skills of the unlicensed personnel;
(2) verification
of clinical competence of the unlicensed personnel by the employing agency;
(3) stability
of the client's condition which involves predictability, absence of risk of
complication, and rate of change, which thereby excludes delegation of nursing
care activities which do not meet the requirements defined in 21 NCAC 36
.0221(b);
(4) the
variables in each service setting which include but are not limited to:
(A) the
complexity and frequency of nursing care needed by a given client population;
(B) the
proximity of clients to staff;
(C) the number
and qualifications of staff;
(D) the
accessible resources; and
(E) established
policies, procedures, practices, and channels of communication which lend
support to the types of nursing activities being delegated, or not delegated,
to unlicensed personnel.
History Note: Authority G.S. 90‑171.20(2)(4)(7)d.,e.,g.;
90‑171.43(4); 90‑171.55;
42 U.S.C.S. 1395i‑3 (1987);
Eff. March 1, 1989;
Amended Eff. December 1, 1995; October 1, 1991.