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10.27.11.01

.01 Exclusion from Regulations.

This chapter is not applicable to and does not restrict or limit:

A. Other health care practitioners who are authorized delegatory powers under their respective acts;

B. The gratuitous provision of care by self, family, or friends;

C. Provision of care by a child care provider employed in the child's home by the child's parent or by a child care provider licensed by the Child Care Administration under COMAR 07.04.01 (Family Day Care) or COMAR 07.04.02 (Child Care Center Licensing) except for those providers enrolling a majority of children with health or medical conditions or both;

D. The cognitively capable adult from employing an unlicensed caregiver in the adult's home to assist the adult in treatments of a routine nature and in self-administration of medication;

E. An individual who performs nursing assistant tasks while a nursing student enrolled in an accredited nursing education program and practicing under the direct supervision of:

(1) Qualified faculty or preceptors; or

(2) A nurse while working as a nursing assistant;

F. An individual who performs nursing assistant tasks as a student while:

(1) Enrolled in a Board-approved nursing assistant training program;

(2) Practicing under the direct supervision of qualified faculty or preceptors; or

(3) Practicing under the direct supervision of a nurse while working as a nursing assistant; or

G. A nurse from delegating a nursing task to an unlicensed individual if acceptance of delegated nursing tasks does not become a routine part of the unlicensed individual's job duties.

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