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Nurse Practice Act

The Nurse Practice Act Page provides information on the RSA 326-B which is the legislative law that defines a number focuses that include but limited to nursing scope of practice, functions of the board of nursing and the executive director, licensing, nurse delegation, disciplinary processes and continuing competence. This also addresses the Chapter Rules 100-800 that correspond and expand on what is written in the law.

Understanding the Nurse Practice Act - What does proposed Rule 404.12 (formerly 305.01) mean?

Always keep in mind that you are responsible for knowing your Board of Nursing rules and the policies of your workplace. The tasks that you perform under your nursing license must also be in compliance with the Nurse Practice Act and the Administrative Rules, as well as the policies of your workplace. Your workplace may limit you from performing tasks that are allowed by the Board of Nursing, but your workplace cannot require you to do more than the Board of Nursing allows.

When a task is allowed via additional training under Nur 404.12 [formerly Nur 305.01 (c) & (d)] it means that these tasks are allowed with the additional training. The competency program that prepares for these tasks must be documented, and must include steps to maintain competency. The rules require that these plans be reviewed and updated at least yearly.

Competence to Practice. All licensees shall, through education and experience, maintain the ability to competently practice nursing or nursing related activities.

Nursing interventions and nursing related activities, in addition to those interventions taught during the initial educational process, shall be implemented using the following guidelines:

(1) Describe the educational preparation and practice history of the nurses or nursing assistants authorized to perform the intervention(s) or activity(s)
(2) Define the intervention(s) or activity(s) and the procedures for implementing the intervention(s) or activity(s)
(3) Include a written plan for attaining and maintaining competency of the licensee
(4) Identify the names of those nurses or nursing assistants authorized to perform the interventions or activity(s), and
(5) Be reviewed and updated as needed, but at least yearly.

Health care is constantly changing, and thus the practice of nurses and nursing assistants is also changing. It would be impossible to develop a list of procedures and interventions that are included in the scope of practice of nurses and nursing assistants. Instead, there are several ways that may you may use to decide if a particular task is within your scope of practice.

First, if the intervention was taught during your initial education program, it is most likely within your scope of practice.


New Hampshire Board of Nursing
21 South Fruit Street  |  Suite 16  |  Concord, NH 03301-2431
Nursing (603) 271-2323  |  Nursing Assistant (603) 271-6282
Fax (603) 271-6605