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Position Statements  6

Registered Nurse Utilization of Unlicensed Assistive Personnel

BACKGROUND
The United States is perceived as being in a crisis with regard to health care: a crisis of cost and coverage. The cost of health care continues to increase making it more and more expensive for persons, insurance providers, and employers. Additionally, the number of persons uninsured and underinsured is growing in this country.

In an effort to solve these problems, the health care industry and the government are restructuring the way in which health care is delivered and paid for. As a result of restructuring, the manner in which Registered Nurses (RN) deliver health care is changing, specifically their utilization of Unlicensed Assistive Personnel (UAP). Health care providers have for decades used UAP to provide support for the RN in the delivery of professional nursing care; however, the role and accountability of UAP has not been well defined and varies greatly among institutions and health care settings. UAP who provide support to the RN should never be used as a substitute for the RN. With restructuring, UAP, in some settings, perform nursing activities for which they are not trained, educated, or licensed.

DEFINITIONS
Delegation: entrusting to another as one's representative

UAP: nursing aides, personal care attendants, family members, friends, appointees of the client

POSITION
The restructuring of health care has altered the way nursing care is delivered. Registered Nurses are being asked by health care employers to increase their delegation and use of UAP. This has resulted in concern for the safety of the patient, the quality of care, and public welfare. In virtually all health care settings, UAP are being delegated to and performing duties which are within the scope of nursing. The RN has a legal scope of practice and a legal authority to perform nursing acts; UAP do not.

AASCIN believes:

  • The RN should have the protection of the National Labor Relations Act and states should assure adequate staff to maintain quality care for different health care settings, e.g., acute care, subacute care, skilled nursing facilities, and home care.

  • All persons seeking health care are entitled to be seen and treated by educated competent personnel.

  • The RN is responsible to practice within the state's Nurse Practice Act and therefore cannot delegate professional duties.

  • Budgetary and resource considerations are not valid reasons for wrongful delegation.

  • Employers and RNs who participate in wrongful delegation should be fined or sanctioned, i.e., accreditation or licensure revoked or suspended.

  • The RN does not have to teach UAP who do not demonstrate the ability to learn and perform care.

  • UAP who do nursing tasks should be under the direct supervision of the RN, and the RN must participate with authority in the evaluation of UAP.

  • UAP should not be used as a substitute for the RN in providing nursing care.

  • UAP function differently in different health settings and may not be subject to the same legal mandates in all settings. In licensed settings, UAP are subject to state license restrictions. In settings not subject to licensed regulation, where UAP are arranged for by the client or the client's agent, the UAP works as the client's UAP, and the UAP's care and supervision are the responsibility of the client or client’s agent.

  • At the request of the client or client's agent, the RN may teach the client's care to UAP. The client or client's agent then accepts responsibility for the UAP's supervision and the type and quality of care the UAP provides. The exception to this would be when the UAP are supplied through an agency; in this situation the UAP would be subject to the regulations of the agency and state. Ideally, the RN teaches the client who then teaches and delegates his/her care to their UAP.

REFERENCES
American Nurses Association. Position Statement on Registered Nurse Utilization of Unlicensed Assistive Personnel, Washington DC. 1992.

Emergency Nurses Association. Position Statement on the Use of Non-Registered Nurse Caregivers in Emergency Care, Chicago IL. 1993.

Association of Rehabilitation Nurses. Position Statement on the Registered Nurse Utilization of Unlicensed Assistive Personnel, Skokie IL. 1994.

(approved 9/95)

 


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