Guidelines For The Administration Of Medications
In Michigan Assisted Living Facilities
APPENDIX B
LEGAL DEFINITION OF NURSING
Public Health Code / Act 368 of 1978 Section 333.17201 (1)(1)
defines the "practice of nursing" as a 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 the normal health
processes or who require assistance in the maintenance of health
and the prevention or management of illness, injury, or disability.
An L.P.N. cannot assume the role of an R.N. Section 333.17201
(1)(b) of the Public Health Code/Act 368 of 1978 defines a licensed
practical nurse (L.P.N.) "As 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.
Section 333.17201(1)(c) further states that the "Registered
Professional Nurse" or "R.N." means an individual
licensed under Article 15 of the Public Health Code to engage
in the practice of nursing when scope of practice includes the
teaching, direction, and supervision of less skilled personnel
in the performance of delegated nursing activities.
Section 333.16104 states delegation (1) 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 delegator and which are not within
the scope of practice of the delegatee and which, in the absence
of the authorization, would constitute illegal practice of a
licensed profession.
Section 333.16109(2) defines supervision as the overseeing
of or participation in the work of another individual by a licensed
health professional where at least all of the following conditions
exist:
(a) The continuous availability of direct communication in
person or by radio, telephone, or telecommunication between
the supervised individual and a licensed health professional.
(b) 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
function.
(c) The provision by the licensed health professional of predetermined
procedures and drug protocol.
R338.10104 Rule 104 addresses delegation requirements
(1) Only a registered nurse may delegate nursing acts, functions,
or tasks. A registered nurse who delegates nursing acts, functions,
or tasks shall do all of the following:
(a) Determine whether the act, function or task delegated
is within the registered nurse's scope of practice.
(b) Determine the qualification of the delegatee before such
delegation.
(c) Determine whether the delegatee has the necessary knowledge
and skills for the acts, functions or tasks to be carried
out safely and competently.
(d) Supervise and evaluate the performance of the delegatee.
(e) Provide or recommend remediation of the performance when
indicated.
(2) The registered nurse will bear ultimate responsibility
for the performance of nursing acts, functions, or tasks performed
by the delegatee within the scope of delegation.
These legal regulations of nursing practice apply to all licensed
nurses regardless of the practice setting or employment status.
Should licensed staff violate these licensure laws, the respective
licensure board is to be notified and may deny, limit, suspend
or revoke an individual's license.
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