The Pennsylvania Nurse Practice Act contains no delegation language. Registered Nurses licensed in Pennsylvania may NOT delegate nursing functions to unlicensed persons. In 1994, the Board of Nursing attempted to pass regulations which included delegation. The Independent Regulatory Review Commission (IRRC) declines to approve these regulations, stating in part: "If the General Assembly had intended to grant registered nurses the authority to delegate functions to any other supportive personnel it would have been specifically provided within the Professional Nursing Law".
School administrators do not have the authority to delegate nursing functions, such as medication administration. The Department of Education, Certification and Staffing Policy Guidance (CSPG) #95, Principal states: "An educator holding a valid Pennsylvania certificate as a K-12 Principal is qualified to perform the following: 2. Supervision and direction of certified and non-certified staff persons required for school operation exclusive of directing health services controlled by the Nurse Practice Act." (emphasis added) The Department of Education, CSPG #101, Utilization of Paraprofessional Staff states:
"Paraprofessionals serving as health room aides or other non-professional school district employees shall not be directed to engage in health-related activities reserved exclusively for licensed professionals and controlled by the Nurse Practice Act or other medically related laws."