Section .0400 ‑ Unlicensed Personnel: Nurse Aides

Link to law: 21 - occupational licensing boards and commissions/chapter 36 - nursing/21 ncac 36 .0401.html
Published: 2015

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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


(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.