The Board proposes the rule amendment to update the rule due to legislation passed in 2023 (Ch. 2023-250, Laws of Fla.) and to add clarification.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-14.0015Delegated Tasks

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the rule due to legislation passed in 2023 (Ch. 2023-250, Laws of Fla.) and to add clarification.

SUMMARY: Due to legislation passed in 2023, the rule will be updated.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 400.489, 464.2035(3), 464.0156(3) FS.

LAW IMPLEMENTED: 464.0156, 464.2035 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B9-14.0015 Delegated Tasks.

(1) A registered nurse may delegate tasks within the nurse’s scope of practice to a qualified medication aide (QMA), a certified nursing assistant (CNA), or home health aide (HHA), hereafter “delegatee”, who the registered nurse has determined is competent. Consideration of a CNA’s or HHA’s competence by the registered nurse and delegation of the task shall include:

(a) through (b) No change.

(c) Experience and skill of the delegatee CNA or HHA,

(d) Willingness of the delegatee CNA or HHA to perform the task,

(e) Training and demonstrated safe performance of the delegated task by the delegatee CNA or HHA,

(f) Consent of the patient, the patient’s guardian, or designated health care surrogate to accept performance of the task by a delegatee CNA or HHA.

(2) A registered nurse may delegate administration of medications by a CNA or HHA that meets the requirements of Sections 464.2035, and 400.489, F.S., to a patient of a home health agency, or may delegate administration of medications to a resident of a nursing home facility by a CNA who is designated as a QMA pursuant to Sections 400.211(5) and 464.2035, F.S.

(3) Each registered nurse assigned to a patient must document her or his supervision and approval for the CNA or HHA to perform the delegated nursing task. A registered nurse may rescind a delegated task at any time. In addition to supervision by a registered nurse, a QMA may be supervised by a licensed practical nurse.

Rulemaking Authority 400.211(5), 400.489, 464.2035(3), 464.0156(3) FS. Law Implemented 400.211(5), 464.0156 FS, 464.2035 FS. History–New 4-29-21, Amended                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 8, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 27, 2023