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§ 8-6A-02. Certification to practice as nursing assistant, dialysis technician, or medication t...

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2023

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 8. Nurses (Refs & Annos)
Subtitle6a. Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians (Refs & Annos)
Effective: October 1, 2023
MD Code, Health Occupations, § 8-6A-02
§ 8-6A-02. Certification to practice as nursing assistant, dialysis technician, or medication technician
Currentness
In general
(a) Subject to subsection (f) of this section and except as otherwise provided in this subtitle, an individual shall be certified by the Board to practice as a nursing assistant, dialysis technician, or medication technician before the individual may practice as a nursing assistant, dialysis technician, or medication technician in the State.
Exceptions
(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, domestic partners, 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; and
(ii) Practicing under the direct supervision of qualified faculty or preceptors;
(5) Performs medication technician tasks as a student while practicing under the direct supervision of qualified faculty;
(6) Performs dialysis technician tasks as a student while under the direct supervision of qualified faculty; or
(7) 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.
Delegation of tasks that are not a routine part of an unlicensed individual’s job duties
(c) Nothing in this section shall preclude a registered nurse or licensed practical nurse from delegating a nursing or other technical task to an unlicensed individual provided that acceptance of delegated nursing or other technical tasks does not become a routine part of the unlicensed individual's job duties.
Delegation by advanced practice registered nurses
(d)(1) Subject to regulations adopted by the Board under paragraph (2) of this subsection, this section does not preclude an advanced practice registered nurse from delegating a nursing or other technical task to an assistant if:
(i) The assistant performs only tasks that the assistant is trained to perform; and
(ii) The delegating advanced practice registered nurse provides:
1. Instruction to the assistant on the delegated task; and
2. On-site supervision of the assistant performing the delegated task.
(2) The Board shall adopt regulations to carry out this subsection, including regulations that:
(i) Provide for the manner in which an advanced practice registered nurse delegates a nursing or other technical task to an assistant;
(ii) Establish limitations on the authority of an advanced practice registered nurse to delegate nursing or other technical tasks to an assistant; and
(iii) Otherwise clarify the scope of this subsection.
Delegation by licensed certified midwives
(e)(1) Subject to regulations adopted by the Board under paragraph (2) of this subsection, this section does not preclude a licensed certified midwife from delegating a technical task to an assistant if:
(i) The assistant performs only tasks that the assistant is trained to perform; and
(ii) The delegating licensed certified midwife provides:
1. Instruction to the assistant on the delegated task; and
2. On-site supervision of the assistant performing the delegated task.
(2) The Board shall adopt regulations to carry out this subsection, including regulations that:
(i) Provide for the manner in which a licensed certified midwife delegates a technical task to an assistant;
(ii) Establish limitations on the authority of a licensed certified midwife to delegate technical tasks to an assistant; and
(iii) Otherwise clarify the scope of this subsection.
Certifications needed to practice as dialysis technician
(f) An individual shall be certified by the Board to practice as a nursing assistant and as a dialysis technician before the individual may practice as a dialysis technician in a State-owned hospital or State-owned facility.

Credits

Added by Acts 1998, c. 393, § 1, eff. Oct. 1, 1998. Amended by Acts 2004, c. 455, § 1, eff. Oct. 1, 2004; Acts 2004, c. 456, § 1, eff. Oct. 1, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2006, c. 481, § 1, eff. Oct. 1, 2006; Acts 2007, c. 598, § 1, eff. Oct. 1, 2007; Acts 2012, c. 486, § 1, eff. Oct. 1, 2012; Acts 2012, c. 487, § 1, eff. Oct. 1, 2012; Acts 2021, c. 753, § 1, eff. June 1, 2021; Acts 2021, c. 754, § 1, eff. June 1, 2021; Acts 2022, c. 681, § 1, eff. July 1, 2022; Acts 2023, c. 367, § 1, eff. Oct. 1, 2023; Acts 2023, c. 368, § 1, eff. Oct. 1, 2023.
MD Code, Health Occupations, § 8-6A-02, MD HEALTH OCCUP § 8-6A-02
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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