The Minnesota Statutes contains the Nurse Practice Act that provides a definition of “delegation” as a “transfer of authority to another nurse or competent, unlicensed assistive person to perform a specific nursing task or activity in a specific situation” [MN Stats. 148.171 Subd. 7a.] and also provides a definition of “unlicensed assistive personnel” as “any unlicensed person to whom nursing tasks or activities may be delegated or assigned, as approved by the board.” [MN Stats. 148.171 Subd. 24.] The Nurse Practice Act in Minnesota does not mention parameters for delegation outside of the basic practice standards of professional nurses, though the Statutes mention that “delegating or accepting delegation of a nursing function or a prescribed health care function when the delegation or acceptance could reasonably be expected to result in unsafe or ineffective patient care” is considered unprofessional conduct. [MN Stats. 148.261 (8)]
Summary of factual data and analytical methodologies:
_Hlk46733753The proposed rules were developed by reviewing the provisions of chapter N 6 and nursing practice standards from the adjacent states (Illinois, Iowa, Michigan, and Minnesota). The Board provided input and feedback to determine any changes or updates needed in addition to reviewing comments from subject matter experts from the Department of Health Services, Department of Public Instruction, and Wisconsin Nurses Association. Fiscal estimate and economic impact analysis:
The fiscal estimate and economic impact analysis are attached.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rule was posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local governmental units, and individuals. No comments were received.
Effect on small business:
Agency contact person:
Sofia Anderson, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; email at DSPSAdminRules@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
(5) “Delegated act" means acts delegated to a registered nurse or licensed practical nurse or acts delegated by a registered nurse.
(10m) “Provider" means a physician, podiatrist, dentist, optometrist or, advanced practice nurse provider prescriber, pharmacist, physician assistant, or any licensed professional who is legally authorized to delegate acts within the scope of their practice.
Section 3. N 6.02 (10m) (Note) is repealed.
(13) “Unlicensed Assistive Personnel (UAP)” means any person who is not licensed under ch. 441, Stats. to whom nursing acts may be delegated and has received the appropriate education and documented training required to perform the delegated acts. An UAP must be at least 18 years old if the delegated act involves medication administration. (c) Intervention. Intervention is the nursing action to implement the plan of care by directly administering care or by directing and supervising nursing acts delegated to L.P.N.'s L.P.N.s or less skilled assistants UAPs.
(d) Perform delegated acts under the general supervision or direction of the provider who delegated the act.
Section 7. N 6.04 (1) (a) is amended to read:
_Hlk118815086(a) Accept only patient care assignments delegated acts which the L.P.N. is competent to perform. Section 8. N 6.04 (1) (e) 3. is amended to read:
3. Reinforce the teaching provided by an R.N. or other provider and provide basic health care instruction.
Section 9. N 6.04 (2) (b) is amended to read:
(b) Perform delegated acts beyond basic nursing care under the direct supervision of an R.N. or provider. An L.P.N. shall, upon request of the board, provide documentation of his or her nursing education, training or experience which prepares the L.P.N. to competently perform these assignments delegated acts.
Section 10. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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Dated _________________ Agency __________________________________
Chairperson
Board of Nursing
