APPROVED CHAPTER
APRIL 2, 2024 592
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
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 D, §5, is repealed and the following enacted in its place: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. "Unlicensed assistive personnel" means
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.
Page 1 - 131LR2690(03)


Statutes affected:
Bill Text LD 2126, HP 1350: 32.2102
Bill Text ACTPUB , Chapter 592: 32.2102