Maine Nurse Practice Act: Facility Guide

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Written by Katherine Zheng, PhD, BSN Content Writer, IntelyCare
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Reviewed by Aldo Zilli, Esq. Senior Manager, B2B Content, IntelyCare
Nurses at a Maine facility pose for the camera.

The nursing profession has grown to become the largest sector of the healthcare workforce, warranting the enactment of state-by-state laws to regulate the profession’s diverse roles. In Maine, these regulations are outlined in the Maine Nurse Practice Act (NPA), which sets professional standards for all nurses working in the state and helps protect patient safety.

As a facility leader, understanding the Maine NPA is crucial for enforcing appropriate protocols at the institutional level. In this article, we’ll break down key components of the NPA and provide practical tips for promoting compliance among your staff.

Maine NPA at a Glance

In Maine, nursing rules and regulations are overseen and enforced by the Maine State Board of Nursing. Nurse Practice Act provisions establish credentialing requirements, practice guidelines, and professional standards for the following levels of nursing:

  • Licensed Practical Nurses (LPNs)
  • Registered Nurses (RNs)
  • Advanced Practice Registered Nurses (APRNs)

We’ll summarize some of the key components of the Maine NPA below.

Maine Nurse Practice Act Summary
Legal Authorities Maine Revised Statutes:

Maine Rules and Regulations:

Nursing Licensure Requirements To obtain an RN license in Maine, applicants must get licensed either by examination or endorsement.

Steps to receive licensure by examination:

  1. Complete an accredited nursing program.
  2. Submit an application through the Maine BON portal.
  3. Complete a criminal background check.
  4. Register for and pass the NCLEX exam.

Steps to receive licensure by endorsement:

  1. Submit an endorsement application through the Maine BON portal.
  2. Submit transcripts and a letter from school to the BON.
  3. Complete a criminal background check.
  4. Verify original licensure through NURSYS.

More information about licensure renewal can be found on the Board of Nursing’s website.

Scope of Practice Guidelines The Maine NPA doesn’t explicitly state what falls under the scope of practice for RNs, LPNs, and APRNs. However, section 2102 broadly defines professional nursing practice.

The Maine BON has also published a scope of practice decision tree that nursing professionals should use to determine what tasks they can perform. Below are examples of tasks that fall under each level of licensure.

Maine LPN scope of practice:

  • Contributing to data collection and care planning
  • Participating in the implementation and evaluation of care
  • Maintaining patient safety

Maine RN Scope of Practice:

  • Conducting nursing assessment, diagnosis, and care planning
  • Managing care and supervising others as appropriate
  • Collaborating with other members of the care team

Maine Nurse Practitioner Scope of Practice:

  • Managing patients’ illnesses using independent decision-making
  • Diagnosing, prescribing, and administering therapeutic measures
  • Consulting with and referring to other care providers as appropriate
Maine Nurse Practice Act Delegation Rules RN delegation authority is outlined in Chapter 5 of Maine’s nursing rules and regulations. Here are some key takeaways from this chapter:

  • RNs have the authority to delegate nursing tasks to LPNs and certified nursing assistants (CNAs).
  • All delegated tasks must fall under the skills checklist in Maine’s generalist curriculum for nursing assistant training programs.
  • In some cases, nursing assistants can carry out additional skills (that are board-approved) if they’re taught in accordance with a facility’s policies and procedures.
  • When assigning tasks to nursing assistants, RNs must comply with all other rules outlined in Chapter 5.
Violations and Penalties An individual who violates provisions of the NPA may be subject to a civil penalty of no more than $1,000. If violations are severe, they may also result in criminal penalties. These violations include:

  • Fraudulently selling or obtaining a nursing diploma or license.
  • Practicing as a nurse under a fraudulent diploma or license.
  • Practicing without a license, or with a suspended/revoked license.
Nurse Licensure Compact (NLC) State? Maine is part of the NLC, meaning that nurses within the state can practice according to the rules and guidelines established by the NLC.

Improving NPA Compliance: 3 Tips for Facilities

Now that you have an overview of the Maine Nurse Practice Act, you may be wondering how to apply these provisions to build a better culture of safety. Here are three additional tips that can help you promote regulatory compliance at your facility.

1. Familiarize Yourself With CNA Training Requirements

Maine tightly regulates how nursing tasks are delegated to CNAs. While the NPA doesn’t explicitly define the CNA scope of practice, it does refer to the state’s CNA training curricula that all nursing assistants must complete.

Since facilities have the authority to train CNAs on additional board-approved skills, they must have a good grasp of these training requirements. Facility leaders can stay informed through the BON’s CNA information page, which outlines updated curriculum standards, instructional powerpoints, and criteria for additional skills training.

2. Send Out Annual Licensure Renewal Reminders

Practicing without a valid license or certification is a serious violation of the NPA. So, it’s important to ensure that all your nursing staff maintain active credentials. Help your staff stay ahead of renewals by sending out annual reminders with links to the board’s application portal. Maine currently has no continuing education requirements for RN/LPN licensure renewals, but it’s important to regularly check the BON’s website for updates.

3. Utilize the Maine BON’s Resource Page

While we’ve provided a broad summary of the NPA, you may still have questions about other aspects of nursing practice. The Maine BON regularly publishes resources to clarify new rules and existing policies that may not be thoroughly detailed in the NPA. Take advantage of the BON’s resource page, which can help you get a more comprehensive understanding of how to uphold the highest standards of care.

Discover More Practical Ways to Maintain Compliance

Need help keeping up with the Maine Nurse Practice Act and other regulations while you’re busy running a facility? IntelyCare can help you stay informed and prepared. Get dozens of other timely insights about the healthcare industry delivered straight to your inbox.

 

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.


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