64B9-14.001. Definitions

As used in this chapter, the following mean:

(1) “Unlicensed assistive personnel” (UAP) are persons who do not hold licensure from the Division of Medical Quality Assurance of the Department of Health but who have been assigned to function in an assistive role to registered nurses or licensed practical nurses in the provision of patient care services through regular assignments or delegated tasks or activities and under the supervision of a nurse. Unlicensed assistive personnel do not include certified nursing assistants.

(2) “Home health aide” (HHA) means a person defined in Section 400.462(15), F.S., and trained or qualified under subsection 59A-38.001(8), F.A.C., effective 7-1-19, hereby incorporated by reference, and may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-12509.

(3) “Assignments” are the normal daily functions of the UAP or CNA based on institutional or agency job duties which do not involve delegation of nursing functions or nursing judgment.

(4) “Competency” is the demonstrated ability to carry out specified tasks or activities with reasonable skill and safety that adheres to the prevailing standard of practice in the nursing community.

(5) “Validation” is the process of ascertaining competency including psychomotor skills and verifying education or training of the delegatee by the qualified individual delegating or supervising the task based on preestablished standards. Validation may be by direct verification of the delegator or assurance that the institution or agency has established and periodically reviews performance protocols, education or training for the delegatee.

(6) “Delegation” is the transference to a competent individual the authority to perform a selected task or activity in a selected situation by a nurse qualified by licensure and experience to perform the task or activity.

(7) “Delegator” is a registered nurse or licensed practical nurse who delegates authority to a competent individual.

(8) “Delegatee” is the individual receiving the authority from the delegator. For purposes of this rule, a delegatee may be a QMA, CNA, or HHA.

(9) “Supervision” is the provision of guidance by a qualified nurse and periodic inspection by the nurse for the accomplishment of a nursing task or activity, provided the nurse is qualified and legally entitled to perform such task or activity. The supervisor may be the delegator or a person of equal or greater licensure to the delegator.

(10) “Direct supervision” means the supervisor is on the premises but not necessarily immediately physically present where the tasks and activities are being performed.

(11) “Immediate supervision” means the supervisor is on the premises and is physically present where the task or activity is being performed.

(12) “Indirect supervision” means the supervisor is not on the premises but is accessible by two way communication, is able to respond to an inquiry when made, and is readily available for consultation.

(13) “Nursing judgment” is the intellectual process that a nurse exercises in forming an opinion and reaching a conclusion by analyzing data.

(14) “Certified Nursing Assistant” (CNA) is an individual certified pursuant to Chapter 464, Part II, F.S.

(15) “Qualified Medication Aide” (QMA) is a certified nursing assistant who meets the requirements in Sections 400.211(5) and 464.2035, F.S., and who has completed training and demonstrated competency to administer medications and perform associated tasks for residents of a nursing home facility.

Rulemaking Authority 400.211(5), 464.006, 464.0156(3) FS. Law Implemented 400.211(5), 464.003(18), (19), 456.072(1)(p), 464.0156(2) FS. History–New 1-1-96, Amended 4-29-96, Formerly 59S-14.001, Amended 1-3-21, 3-13-24.