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LD 2166

Resolve, Regarding Legislative Review Of Chapter 6: Delegation Of Nursing Activities And Tasks To Unlicensed Assistive Personnel By Registered Professional Nurses, A Major Substantive Rule Of The Department Of Professional And Financial Regulation, State Board Of Nursing

132nd Legislature (2025-2026) Introduced by Kristi Mathieson

Maine legislature will review nursing delegation rules governing which clinical tasks unlicensed assistants can perform under registered nurse supervision.

Signed by Governor
#professionalandfinancialregdep #rules #unlicensedassistivepersonnel
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Bill Summary · LD 2166

Legislative bill overview

LD 2166 is an emergency resolve that requires the Maine Legislature to formally review Chapter 6 of the Department of Professional and Financial Regulation's nursing rules, which governs what tasks registered nurses can delegate to unlicensed assistive personnel (UAP). The bill passed with a two-thirds emergency majority, indicating lawmakers deemed immediate legislative oversight of this nursing delegation rule necessary.

Why is this important

This rule directly affects how nursing care is delivered in Maine healthcare settings, determining which clinical tasks can be performed by less-trained (and typically lower-cost) assistive staff versus licensed nurses. The emergency passage suggests concerns about the current rule's scope or implementation that required prompt legislative intervention rather than standard review timelines.

Potential points of contention

  • Scope of delegation concerns: Debate over whether current rules allow too much responsibility to shift to unlicensed personnel, potentially affecting patient safety, or conversely, whether restrictions unnecessarily limit efficient healthcare delivery
  • Workforce and cost implications: Stricter delegation limits could increase demand for licensed nurses and healthcare costs; looser limits might reduce nursing job opportunities or create staffing model controversies
  • Rule-making process legitimacy: Questions about whether the Board of Nursing's original rule-making was sufficiently transparent or whether legislative review represents appropriate oversight or legislative overreach into agency authority

Compiled from official sources — confirm details with the bill’s official record.

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