As used in this chapter, the following mean:
    (1) “”Unlicensed assistive personnel”” (UAP) are persons who do not hold licensure from the Division of Medical Quality Assurance of the Department of Health but who have been assigned to function in an assistive role to registered nurses or licensed practical nurses in the provision of patient care services through regular assignments or delegated tasks or activities and under the supervision of a nurse.
    (2) “”Home health aide”” means a person defined in Florida Statutes § 400.462(15), and trained or qualified under subsection 59A-38.001(8), F.A.C., effective 7-1-19, hereby incorporated by reference, and may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-12509.
    (3) “”Assignments”” are the normal daily functions of the UAP’s based on institutional or agency job duties which do not involve delegation of nursing functions or nursing judgment.
    (4) “”Competency”” is the demonstrated ability to carry out specified tasks or activities with reasonable skill and safety that adheres to the prevailing standard of practice in the nursing community.
    (5) “”Validation”” is ascertaining the competency including psychomotor skills of the UAP, verification of education or training of the UAP by the qualified individual delegating or supervising the task based on preestablished standards. Validation may be by direct verification of the delegator or assurance that the institution or agency has established and periodically reviews performance protocols, education or training for UAP’s.
    (6) “”Delegation”” is the transference to a competent individual the authority to perform a selected task or activity in a selected situation by a nurse qualified by licensure and experience to perform the task or activity.
    (7) “”Delegator”” is the registered nurse or licensed practical nurse delegating authority to the UAP.
    (8) “”Delegate”” is the UAP receiving the authority from the delegator.
    (9) “”Supervision”” is the provision of guidance by a qualified nurse and periodic inspection by the nurse for the accomplishment of a nursing task or activity, provided the nurse is qualified and legally entitled to perform such task or activity. The supervisor may be the delegator or a person of equal or greater licensure to the delegator.
    (10) “”Direct supervision”” means the supervisor is on the premises but not necessarily immediately physically present where the tasks and activities are being performed.
    (11) “”Immediate supervision”” means the supervisor is on the premises and is physically present where the task or activity is being performed.
    (12) “”Indirect supervision”” means the supervisor is not on the premises but is accessible by two way communication, is able to respond to an inquiry when made, and is readily available for consultation.
    (13) “”Nursing judgment”” is the intellectual process that a nurse exercises in forming an opinion and reaching a conclusion by analyzing data.
    (14) “”Education”” means a degree or certification of the UAP in a specific practice area or activity providing background and experience in theoretical or clinical aspects of that practice or activity.
    (15) “”Training”” is the learning of tasks by the UAP through on the job experience or instruction by a nurse who has the education or experience to perform the task or activity to be delegated.
Rulemaking Authority 464.006 FS. Law Implemented 464.003(17), (18), (19), (20), 456.072(1)(p) FS. History-New 1-1-96, Amended 4-29-96, Formerly 59S-14.001, Amended 1-3-21.