ADDENDUM
Definitions:
Delegation is "the transfer of responsibility for the performance of an activity from one individual to another, with the former retaining accountability for the outcome" (American Nurses Association (ANA), 1994, p. 11).
While some state rules, regulations or guidelines may use different terms for delegation of nursing care activities, the critical concept is that when the RN determines that someone who is not licensed to practice nursing can safely provide a selected nursing procedure or task for an individual student and delegates that activity to the individual, the RN remains responsible and accountable for the care provided.
Unlicensed assistive personnel (UAP) "are individuals who are trained to function in an assistive role to the registered nurse in the provision of student care activities as delegated by and under the supervision of the registered nurse" (ANA, 1994, p.2).
Supervision is "the active process of directing, guiding, and influencing the outcome of and individual's performance of a procedure" (ANA, 1994, p.10).
State Law:
Michigan Public Health Code, Part 172 Nursing, 333.17201-Practice of Nursing.
As used in this part:
"Practice of nursing" means the systematic application of substantial specialized knowledge and skill, derived from the biological, physical, and behavioral sciences, to the care, treatment, counsel and health teaching of individuals who are experiencing changes in the normal health processes or who require assistance in the maintenance of health and the prevention or management of illness, injury or disability.
"Practice of nursing as licensed practical nurse" (LPN)- means the practice of nursing based on less comprehensive knowledge and skill than that required of a registered professional nurse and performed under the supervision of a registered professional nurse, physician, or dentist.
"Registered professional nurse" (RN)- means an individual licensed under this article to engage in the practice of nursing which scope of practice includes the teaching, direction, and supervision of less skilled personnel in the performance of delegated nursing activities.
Part 162-General Provisions 333.16104 Delegation Sec. 16104
“Delegation” means an authorization granted by a licensee to a licensed or unlicensed individual to perform selected acts, tasks, or functions which fall within the scope of practice of the delagator and which are not within the scope of practice of the delegatee and which, in the absence of the authorization, would constitute an illegal practice of a licensed profession.
"Supervision"- means the overseeing of or participation in the work of another individual by a health professional licensed under this article in circumstances where at least all of the following conditions exist:
The continuous availability of direct communication in person or by radio, telephone, or telecommunication between the supervised individual and a licensed heath professional.
The availability of a licensed health professional on a regularly scheduled basis to review the practice of the supervised individual, to provide consultation to the supervised individual, to review records and to further educate the supervised individual in the performance of the individual's functions.
The provision by the licensed supervising health professional of predetermined procedures and drug protocol.
333.16215 - Delegation Sec. 16215
A licensee who holds a license other than a health profession sub field licensee may delegate to a licensed or unlicensed individual who is otherwise qualified by education, training, or experience to perform selected acts, tasks, or functions where the acts, tasks, or functions fall within the scope of practice of the licensee's supervision. An act, task or function shall not be delegated under this section which, under standards of acceptable and prevailing practice, requires the level of education, skill, and judgment required of a licensee under this article.
333.10104 - Michigan Board of Nursing Rules Regarding Delegation Rule 104
Only a registered nurse may delegate nursing acts, function or tasks. A registered nurse who delegates nursing acts, functions or tasks shall do all of the following:
Determine whether the acts, functions or tasks delegated is within the registered nurse's scope of practice.
Determine the qualifications of the delegatee before such delegation.
Determine that the delegatee has the necessary knowledge and skills for the acts, functions or tasks to be carried out safely and competently.
Supervise and evaluate the performance of the delegatee.
Provide or recommend remediation of the performance when indicated.
The registered nurse shall bear ultimate responsibility for the performance of nursing acts, function or tasks performed by delegatee within the scope of the delegation.
Federal Law:
Section 504 of the Rehabilitation Act of 1973 Public Law 93-112
"...no qualified handicapped person shall, on the basis of the handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program; or activity which receives federal financial assistance." {Sec. 84.4(a)}
Subpart A--General provisions, Section 84.3 Definitions
(j) "Handicapped person."- (1) "Handicapped persons" means any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.
(2) As used in paragraph (j) (1) of this section, the phrase:
(i) "Physical or mental impairment"- means (A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculosketal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine, or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(ii) "major life activities"- means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(iii) "has a record of such impairment"- means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(iv) " is regarded as having such an impairment"- means (A) has a physical or mental impairment that does not substantially limit major life activities but that is treated by a recipient as constituting such a limitation; (B) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (C) has none of the impairments defined in paragraph (j)(2)(i) of this section but is treated by a recipient as having such an impairment. {Subpart A, Sec. 84.3 (j)}
Individuals with Disabilities Education Act (IDEA)
20 U.S.C. Chapter 33, as Amended by Public Law 101-476
Under IDEA, state and local educational agencies have the responsibility to ensure that eligible children with disabilities receive special education and related services (including health services) without charge, in conformity with an IEP for children ages three to twenty-one or an IFSP for infants and toddlers, birth to age three. The following sections of IDEA are particularly relevant:
IDEA, Part B (U.S.C. Subchapter 1, General Provisions, Section 1401
Section 1401, Definitions:
Children with Disabilities: The term "children with disabilities" means:
(A) with mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and
(B) who, by reason thereof need special education and related services. {Sec. 1401 (a) (1)}
Special education: means "Specially designed instruction, at no cost to the parent or guardians, to meet the unique needs of a child with a disability, including:
(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(B) instruction in physical education" {Sec. 1401(a)(16)}
Related Services: "The term "related services" means transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, including therapeutic recreation and social work services, and medical and counseling services, including rehabilitation counseling, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children." {Sec. 1401(a) (17)}
Assistive Technology: "The term "assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain or improve function capabilities of the individuals with disabilities." {Sec. 1401(a)(25)}
Assistive Technology Services: "The term "assistive technology service" means any service that directly assists an individual with a disability, in the selection, acquisition, or use of an assistive technology device." Such term includes:
the evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in the individual's customary environment;
purchasing, leasing, or otherwise providing for the acquisition of assistive technology services by the individuals with disabilities;
selection, designing, fitting, customizing, adaptation, applying, maintaining, repairing, or replacing of an assistive technology device;
coordination and using of therapies, interventions, or services with assistive technology devices, such as those associated with existing educational or rehabilitation plans and programs;
training or technical assistance for an individual with disabilities, or where appropriate, the family of an individual with disabilities; and
training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide service to, employ, or are otherwise substantially involved in the major life functions of the individuals with disabilities. {Sec.1402(a)(26)(A-F)}