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§ 3999.325. Nursing Scope of Service.

15 CA ADC § 3999.325Barclays Official California Code of RegulationsEffective: July 1, 2023

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 2. Rules and Regulations of Health Care Services
Subchapter 3. Health Care Operations
Article 4. Nursing Care
Effective: July 1, 2023
15 CCR § 3999.325
§ 3999.325. Nursing Scope of Service.
(a) Registered Nurses (RN) within the Department assume accountability and responsibility for delivering care as defined by the California Nurse Practice Act and professional standards.
(b) Licensed Vocational Nurses (LVN) within the Department assume responsibilities, duties, and performance of care within the scope of the LVN license as defined in the Business and Professions Code (BPC) and Title 16 of the California Code of Regulations (CCR), within their educational background, delegated by and under the supervision of the RN. These nursing activities include, but are not limited to:
(1) Performing basic assessment/data collection (e.g., obtaining patient histories).
(2) Communicating findings to the RN or a higher licensure.
(3) Following and contributing to the interdisciplinary plan of care.
(4) Providing patient education.
(5) Providing patient interventions (e.g., dressing changes, emergency response, medication management, phlebotomy, and skin tests).
(c) Psychiatric Technicians (PT) within the Department assume responsibilities, duties, and performance of care within the scope of the PT license as defined in the BPC and Title 16 of the CCR, within their educational background, delegated by and under the supervision of the RN. These nursing activities include, but are not limited to:
(1) Performing basic assessment/data collection (e.g., obtaining patient histories).
(2) Communicating findings to the RN or a higher licensure.
(3) Following and contributing to the interdisciplinary plan of care.
(4) Providing patient education.
(5) Providing patient interventions (e.g., group therapy, emergency response, medication management, and skin tests).
(d) Medical Technical Assistants (MTA) within the Department assume duties, and performance of care within the scope of their nursing license as defined in the BPC and Title 16 of the CCR, within their educational background, delegated by and under the supervision of the RN. This civil service classification requires a nursing license such as an LVN or PT license. The scope of services provided by the MTA shall be consistent with the level of their licensure by the State of California.
(e) Certified Nurse Assistants (CNA) within the Department assume responsibilities, duties, and performance of care within the scope of the CNA certificate as defined by Health and Safety Code sections 1337-1338.5 and as outlined by the California Department of Public Health, Professional Certification Branch; within their educational background; delegated by and under the supervision of a licensed nurse. These nursing activities include, but are not limited to:
(1) Providing personal care and comfort measures.
(2) Performing basic, nursing care procedures including, but not limited to, feeding, vital signs, measuring intake and output, assistance with activities of daily living, toileting assistance, bladder/bowel retraining, application of non-sterile dry dressing to intact skin, application of non-legend ointments, creams, lotions and solutions to intact skin, etc.
(3) Observing patient responses to treatment and environment.
(4) Reporting changes to a licensed nurse or higher licensure.
(5) Communicating with the patient.
(f) Medical Assistants (MA) are not nurses; however, the performance of their functions contributes to nursing services. MAs are unlicensed personnel who work in ambulatory care clinics, reception centers, specialty clinics, telehealth, and other clinical settings as determined by the Physician Manager, and perform administrative and technical support services under the specific authorization and supervision of a licensed physician, psychiatrist, podiatrist, Advanced Practice Provider (APP), nurse, or Nurse Midwife in a medical office or clinic setting. MAs shall not be utilized in inpatient settings, triage and treatment areas, or specialized health care housing units including Correctional Treatment Centers, Skilled Nursing Facilities, Outpatient Housing Units, and Psychiatric Inpatient Program units. The Registered Nurse shall only assign tasks to the Medical Assistant for which the Medical Assistant has received specific authorization from their Clinical Supervisor.

Credits

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
History
1. New article 4 (sections 3999.325-399.326) and section filed 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (sections 3999.325-399.326) and section refiled 12-5-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. New article 4 (sections 3999.325-399.326) and section refiled 3-9-2020 as an emergency; operative 3-10-2020 (Register 2020, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL 6-8-2020 and filed 7-20-2020 (Register 2020, No. 30).
5. Amendment of subsection (f) and repealer of subsections (f)(1)-(8) filed 5-22-2023; operative 7-1-2023 (Register 2023, No. 21).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 15, § 3999.325, 15 CA ADC § 3999.325
End of Document