§ 8-6A-02

§8–6A–02. IN EFFECT

(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.

(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.

(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.

(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.

(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.

(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.

§8–6A–02. ** TAKES EFFECT APRIL 1, 2026 PER CHAPTER 416 OF 2025 **

(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.

(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) 1. Enrolled in a Board–approved nursing assistant training program; or

2. Enrolled in an acute care nursing assistant training program; and

(ii) Practicing under the direct supervision of qualified faculty or preceptors;

(5) Performs nursing assistant tasks as a student while enrolled in an accredited nursing program after the successful completion of the portion of the approved nursing education program that the Board determines meets the requirements of an approved nursing assistant training program or medication administration course;

(6) Performs medication technician tasks as a student while practicing under the direct supervision of qualified faculty;

(7) Performs dialysis technician tasks as a student while under the direct supervision of qualified faculty;

(8) 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; or

(9) Practices as a certified nursing assistant–I for less than 4 months in accordance with 42 C.F.R. § 483.35(d).

(c) This section does not preclude a registered nurse or licensed practical nurse from delegating a nursing or other technical task to an unlicensed individual if acceptance of delegated nursing or other technical tasks does not become a routine part of the unlicensed individual’s job duties.

(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.

(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.

(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.