NCSBN Statement of the Nursing Activities of Unlicensed Persons
1. Performance of non-nurse delegated and non-nurse supervised nursing activities by unlicensed persons constitutes practicing nursing without a license and is not in the interest of the health, safety and welfare of the public.
3. The interpretation of physician delegation clauses in medical practice acts that allows for physicians` delegation of nursing acts is inappropriate.
4. Pieces of care should not be provided in isolation by unlicensed persons functioning independently of the nurse if the health, safety and welfare of the public is to be assured.
5. Boards of nursing need to monitor guidelines and regulations of federal and state regulatory agencies with the understanding that the state`s nursing practice act has the higher legal authority.
6. Boards of nursing need to work to assure evidence of adequate nurse involvement where nursing services are being provided.
7. Boards should promulgate clear rules on the utilization of unlicensed persons in all settings where nursing care is delivered.
8. Boards need to clearly define delegation in regulation.
9. A limited supply of nurses is not an excuse for the inappropriate utilization of unlicensed persons.
10. Boards must set standards based on the health, safety, and welfare of the public regardless of cost containment or arguments for lower standards.
11. Regulations regarding the delegation of nursing functions must be linked to the disciplinary process (for dealing with complaints against licensees).
12. Boards need to pursue criminal prosecution when there is clear evidence that unlicensed persons are performing nursing activities.
(Source : Grace L. Deloughery, 1991, Issues and Trends in Nursing, Mosby Year Book, St. Louis, Missouri).
