The Board proposes the promulgation of the rule to list the tasks that an RN may delegate to a CNA or HHA.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-14.0015Delegated Tasks

PURPOSE AND EFFECT: The Board proposes the promulgation of the rule to list the tasks that an RN may delegate to a CNA or HHA.

SUMMARY: The tasks that an RN may delegate to a CNA or HHA will be listed in the rule.

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: 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 certified nursing assistant (CNA) or home health aide (HHA) 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) Comprehensive initial and ongoing assessment of the patient’s needs by a registered nurse,

(b) Consideration of the complexity of the delegated task,

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

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

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

(2) 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.

Rulemaking Authority 464.2035(3), 464.0156(3), FS. Law Implemented 464.0156, 464.2035 FS. History–New____________.

 

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: October 7, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2020