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ROBERT L. EHRLICH, JR, Governor
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Ch. 481
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(D) (3) IF THE BOARD SENDS A LETTER OF EDUCATION OR THE ISSUANCE
OF AN ADVISORY LETTER UNDER THIS SECTION, THE ACTION SUBSECTION MAY NOT:
(I) BE CONSIDERED A DISCIPLINARY ACTION BY THE BOARD
UNDER §§ 8-316 AND 8-6A-10 OF THIS TITLE; AND
(II) AND MAY NOT BE REPORTED TO ANY LICENSING ENTITY,
EMPLOYER, OR INSURANCE COMPANY AS A DISCIPLINARY ACTION.
8-6A-02.
(a) Except as otherwise provided in this subtitle, an individual shall be
certified by the Board to practice as a nursing assistant or medication technician
before the individual may practice as a nursing assistant or medication technician in
the State.
(b) This subtitle does not apply to an individual who:
(1) Practices a health occupation that the individual is authorized to
practice under this article;
(2) Provides for the gratuitous care of friends or family members;
(3) Performs nursing assistant tasks while a nursing student enrolled in
an accredited nursing program and practicing under the direct supervision of
qualified faculty or preceptors;
(4) Performs nursing assistant tasks as a student while:
(i) Enrolled in a Board-approved nursing assistant training
program; OR
(ii) Practicing under the direct supervision of qualified faculty or
preceptors; [or
(iii) Practicing under the direct supervision of a licensed nurse while
working as a nursing assistant;]
(5) Performs medication technician tasks as a student while practicing
under the direct supervision of qualified faculty; or
(6) Works as a principal or school secretary, does not administer
medication as a routine part of the position, and has completed training by the
delegating nurse for the occasion where the individual may need to administer
medication in the absence of the nurse or medication technician.
(c) Nothing in this section shall preclude a registered nurse or licensed
practical nurse from delegating a nursing task to an unlicensed individual provided
that acceptance of delegated nursing tasks does not become a routine part of the
unlicensed individual's job duties.
[(d) Nothing in this subtitle may be construed as creating a scope of practice for
nursing assistants.]
- 2455 -
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