Maine 2023 2023-2024 Regular Session

Maine House Bill LD2126 Chaptered / Bill

                    Page 1 - 131LR2690(03)
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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H.P. 1350 - L.D. 2126
An Act Relating to Delegation of Nursing Activities and Tasks to Unlicensed 
Assistive Personnel by Registered Professional Nurses
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §2102, sub-§2, ¶H, as enacted by PL 1995, c. 670, Pt. C, §6 and 
affected by Pt. D, §5, is repealed and the following enacted in its place:
H.  Delegation of specific nursing activities and tasks to be provided by unlicensed 
assistive personnel. This paragraph may not be construed to require a nurse to delegate, 
or permit a person to coerce a nurse into delegating, specific nursing activities and tasks 
in any care setting against the nurse's professional judgment or to prohibit a nurse in 
the exercise of the nurse's professional judgment from refusing to delegate specific 
nursing activities and tasks in any care setting. The board shall adopt such rules 
concerning delegation as it considers necessary to ensure access to quality health care 
for the patient.  Rules adopted pursuant to this paragraph are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  32 MRSA §2102, sub-§11 is enacted to read:
11. Unlicensed assistive personnel. 
individuals trained to function in a supportive role, regardless of job title, to whom a 
specific nursing activity or task may be delegated.  "Unlicensed assistive personnel" does 
not include certified nursing assistants or individuals employed in practical nursing or 
unpaid individuals performing tasks at the direction of a patient.
APPROVED
APRIL 2, 2024
BY GOVERNOR
CHAPTER
592
PUBLIC LAW