| (a) Health Maintenance Activities (HMAs), as defined
in this chapter that do not fall within the practice of professional
nursing, may be performed by an unlicensed person in accordance with
this section without being delegated. The Board has determined that
in situations governed by this chapter HMAs do not fall within the
practice of professional nursing when:
(1) performed for a person with a functional disability;
(2) in addition to the client assessment under §225.6
of this title (relating to RN Assessment of the Client), a RN determines
all of the following conditions exist:
(A) the client would perform the task(s) but for her/his
functional disability;
(B) the task(s) can be directed by the client or client's
responsible adult to be performed by an unlicensed person without
RN supervision;
(C) the client or client's responsible adult is able,
and has agreed in writing, to participate in directing the unlicensed
person's actions in carrying out the HMA; and
(D) Either
(i) the client is willing and able to train the unlicensed
person in the proper performance of the HMA, or
(ii) the client's responsible adult is capable of training
the unlicensed person in the proper performance of the task and
(I) will be present when the task is performed, or
(II) if not present, will have observed the unlicensed
person perform the task at least once to assure he/she can competently
perform the task and will be immediately accessible in person or by
telecommunications to the unlicensed person when the task is performed.
(b) If the above criteria cannot be met, an HMA may
still be performed as a delegated task if it meets the criteria of §225.9
of this title (relating to Delegation Criteria).
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