1752 0 obj <>/Filter/FlateDecode/ID[<13538EBF70D11A49A5159B620F1C8F1D><662D58F74326C2489FBF9DC6688C5729>]/Index[1736 22]/Info 1735 0 R/Length 82/Prev 392476/Root 1737 0 R/Size 1758/Type/XRef/W[1 2 1]>>stream The employer must identify a nurse leader responsible for oversight of delegated responsibilities for the facility. . endobj Nurses, Nursing - As introduced, enacts the "Tennessee Nursing Delegation Act for Home and Community Living," which authorizes a registered nurse to delegate certain health maintenance tasks to an unlicensed person if the nurse adheres to a delegation process; limits liability of such nurses and unlicensed persons. Click herefor Rules and Regulations pertaining to the Tennessee Board of Massage Licensure, Tennessee Department of Health Publications. Terms in this set (19) Tennessee Nurse Practice Act. Hear more Tennessee Voices: Get the weekly opinion newsletter for insightful and thought provoking columns. 32-1636 (2003) Only a person who holds a valid and current license to practice professional nursing in this state or in a party state pursuant to section 32-1668 may use the title "nurse", "registered nurse, "graduate nurse", or "professional nurse" or the abbreviation "RN". Votes for Bill SB1895 by the Senate are not available. &8k. If the nurse receives an order for a controlled act procedure for which they are not authorized to perform (for example, managing a labour or conducting the delivery of a baby), then the nurse needs delegation from an authorized individual, such as a physician, as well as an order for the procedure. Sub-delegation occurs when an individual who accepts a delegation then delegates the same act to another person. Delegation is a process by which a health care professional who has legal authority to perform a controlled act transfers that authority to an unauthorized person. RNs and RPNs cannot delegate the controlled act of dispensing a drug or treating, by means of psychotherapy technique. To help you navigate through delegation dilemmas with confidence, we've created a decision tree to guide you through the process of deciding whether to assign a task to UAP. endstream endobj 1737 0 obj <. (This link will take you to a website that is not maintained by the Tennessee Department of Health). 63-10-204(16). Nurses can only delegate controlled acts that they are trained or competent to perform. practice for more than the past 5 years must complete 45 hours of pharmacotherapeutics CE within 1 year prior to application in addition to the advanced practice nursing refresher program. The regulation also prohibits delegating certain controlled acts (for example, NPs cannot delegate setting a fracture). endstream endobj 1638 0 obj <. Decrease State Expenditures - Exceeds $677,300/FY16-17 1 0 obj "Delegation" means the transfer of responsibility, but not the accountability, for the administration of medication from the delegating licensed nurse to a Medication Aide. This bill authorizes a registered nurse who is licensed in this state to delegate, contingent upon the registered nurse adhering to a delegation process, health maintenance tasks required by a patient receiving long-term services and support (LTSS) to an unlicensed person paid to provide services under a home and community-based services program in this state. 0CR>`X@Cs*FS ) The problem is, however, Tennessee state laws do not permit them to do so except with physician oversight. The time is now to act and open access to quality care to create more free-market options and choices. Delegation provides the legal authority to perform a controlled act. Defibrillation falls under the controlled act of applying a form of energy.". There is no fee for this application. Our state law requires career-long oversight and delegation or team management by another health provider in order for the advanced practice registered nurse to provide patient care. Health care prescribers will be notified via the email address provided by the health care prescriber of the Commissioners approval or denial of the waiver request. TENNESSEE BOARD OF MEDICAL EXAMINERS Policy Statement: Delegation of Medical Services This policy does not apply to the delegation of medical services to an advanced practice registered nurse practitioners/prescription writers and physician assistants. (E) Accept responsibility for judgments, individual nursing actions, competence, decisions and behavior; (F) Maintain continued competence through ongoing learning and application of knowledge to nursing practice; (G) Report unfit or incompetent nursing practice to recognized legal authorities; CNOsAuthorizing Mechanismspractice guidelinelists the 10 requirements nurses must meet when delegating to others. The relief from collaborative practice agreements that was briefly granted from March to May 2020 in Executive Orders 15 (provision 5) and 28 (provision 5.1) proved to be an effective and necessary part of Tennessees COVID-19 relief efforts. (This link will take you to a website that is not maintained by the Tennessee Department of Health). This legislative session, the Tennessee Nurses Association will be introducing state legislation to update the Nurse Practice Act and do just that. * References are available upon request by contacting TNA at tna@tnaonline.org. The regulation also prohibits delegating certain controlled acts (for example, NPs cannot delegate setting a fracture). Nursing delegation is governed by the nurse practice act and rules and regulations of the state board of nursing." (Schwab, 2001). Once you hit submit, you will receive an email asking you toverify your email address. In this instance, the nurse is delegating the controlled act of performing a procedure below the dermis., Also, a nurse may accept the authority to defibrillate through delegation from a physician. This means that every day access to care and options for care are becoming a greater challenge to Tennesseans across the state. 7. categories and classes of nurses who can delegate (for example, RNs and RPNs in the general class and NPs), requirements to delegate and to accept delegation (for example, considering the best interests of the client), and. authorize such person to represent him/herself as an advanced practice nurse under the appropriate category of nurse practitioner, nurse anesthetist, nurse midwife or clinical nurse specialist. Since 2010, 163rural hospitals have closed in the United States according to the Cecil G. Sheps Center for Health Services Research. Tennessee as a student, even though his educational program here involves nursing practice; however, such a person may not be employed in professional nursing in Professional Nursing. 63-1-160 requires that on or after January 1, 2021, any prescription for a Schedule II, III, IV or V controlled substance issued by a prescriber who is authorized by law to prescribe the drug must be issued as an electronic prescription from the person issuing the prescription to a pharmacy. The arrangement means that advanced practice registered nurses have to pay thousands of dollars monthly to have their patient care validated by doctors. <> Act 472: An Act to Authorize Physicians and Podiatrists to Delegate the Performance of Some Simple Procedures to Employees; and for Other Purposes Regulation 31: Physician Delegation Regulation California Medical Board of California: Physicians and SurgeonsMedical Assistants In the state of Indiana, nurse practitioners can prescribe schedule II-V controlled substances. Nurses are accountable for ensuring that delegation is supported by setting specific legislation, for example Fixing Long-Term Care Homes Act or your employer policies. Tennessee maintains the second highest rate, Tennessee General Assemblys Rural Caucus, Your California Privacy Rights/Privacy Policy. Sub-delegation is prohibited. The delegator is a registered nurse who distributes a portion of patient care to the delegatee. Tennessee Administrative Code. (Ala. Code. Board of Nursing Rules Kentucky 16 members appointed by the Governor for 4-year terms 9 RN's, 3LPN's, 1 nurse service administrator who is an RN, 1 practical nurse educator, 2 citizens at large (not associated with with health care) No physicians are required to be on the board (KBN, 2021) Tennessee 11 members appointed by the Governor for 4-year terms 9 RN/APN's, 1 LPN, 1 consumer . Both have the force of law and may be used in the regulation of a profession. For the purpose of rule promulgation, this bill will take effect upon becoming a law. Nurses had no formal training, and anyone could claim. To request an accessible version of any document on this page, please contact us. The RN has the duty to answer for personal actions relating to the nursing process. 63-1 (Division of Health Related Boards . 34-21-81 (3)). There shall be four categories of advanced practice nurses: CRNP, CNM, CRNA, and CNS. The higher your degree, the higher the law will hold you to a standard when delegating. Hear more Tennessee Voices: Get the weekly opinion newsletter for insightful and thought provoking columns. 63-7 (Nursing). 63-1-160 requires that on or after January 1, 2021, any prescription for a Schedule II, III, IV or V controlled substance issued by a prescriber who is authorized by law to prescribe the drug must be issued as an electronic prescription from the person issuing the prescription to a pharmacy. See Page 1. delegation, however, does not permit practice outside of your scope of practice. %PDF-1.5 % Safely implement the plan of care/action either directly or by delegation. With our states hospitals and health systems already stressed by the unprecedented number of COVID-related hospitalizations, it is vital that Tennessees advanced practice registered nurses (APRNs) be able to use the full extent of their education and training to provide direct treatment to patients and bring Tennessees infection rate down to a manageable level. A nurse who works in the community can delegate the administration of heparin by injection to an unregulated care provider who is providing care in the patients home. Despite these efforts, COVID-19 has continued to rage across the state, clocking in positivity rates that have beenconsistently above 10 percent and earning Tennessee a red zone designation from the White House Coronavirus Task Force. There is no fee for this application. Statutes are proposed and made law by theTennessee State General Assembly(Legislature). By 2032, our country potentially faces a shortage of approximately 122,000 physicians as the over-65 populationgrows by nearly 50%, according to the Association of American Medical Colleges. The Tennessee Nurses Association will be introducing state legislation to update the Nurse Practice Act to give nurses the ability to provide direct patient care without the need for costly oversight of their practice by a physician. Following the education session, the nurses will have the competence but they willnothave the authority to perform the controlled act until it is delegated by an authorized practitioner, such as a physician. So, the challenge is the State of Tennessee is one of 11 states with the highest level of restrictions placed on advanced practice registered nurses. 1000-02. The solution is to clear the way for advanced practice registered nurses (nurse practitioners, nurse midwives, nurse anesthetists, clinical nurse specialists) to do what they are educated and trained to do: serve communities and patients independently. The Board, following specific notice requirements and hearings, adopts rules. Get the weekly opinion newsletter for insightful and thought provoking columns. APRNs are highly trained registered nurses who have completed either a masters or doctoral degree program and received credentials from national boards including the American Nurses Credentialing Center (ANCC) and the American Association of Nurse Practitioners (AANP). It begins with decisions made at the administrative level of the organization and extends to the staff responsible for delegating, overseeing the process, and performing the responsibilities. The transfer to a competent individual of the authority to perform a selected nursing activity in a selected situation, with the nurse retaining accountability for the outcome. Exceeds $2,513,800/FY17-18 and Subsequent Delegation In early 2015, NCSBN convened two panels of experts representing education, research, and practice to discuss the delegation literature and key issues, and evaluate findings from delegation research funded through NCSBN's Center for Regulatory Excellence Grant Program. Statutes are proposed and made law by the Tennessee State General Assembly (Legislature). 637-101, et seq., requires a certification process for a - nurse practitioner to prescribe and/or issue legend . NCSBN and the American Nurses Association (ANA)developed a joint position paperbased on the guidelines developed by NCSBN in 2016 (effective 4/29/2019). Guidelines for Delegation Employer/Nurse Leader Responsibilities 1. This part is required for advanced practice nurses pursuant to 1000-04.03. endstream endobj startxref QC;z.^}5 ylF/Y .vHy ~__V9Sfx9oaU# EuYsREm6%QA)zlg;0', %xLDc?Si9oIiZ`jMq* n)!8L1VC~}(*wN@3 pF\uj2LP#[{Df*[]cc6hFZ#]i!B1/J7j.Kx?v -*L',FNt:wX9+xDDJw]LEUUB$Jb\=iN9C;+h:YTd[b#MXa1 )Bsm? Nurses and healthcare workers have undoubtedly been our strongest force against COVID-19, having spent nine months of the last year working tirelessly to care for COVID-19-positive patients, while putting their own health and the health of their families at risk. Delegation involves at least two individuals: the delegator, and the delegatee. 1000-01. hb```, cbXBC SwP(8'dxY:V)u(R0|Er>Xl`]|9\~7 2~zjqEGU;L[Y oos] 7^lQJp0RfR4PJp9(2JQdB0KLfVmZjd7^pU?S%/dE^)Q@Dn'53,) aY)0p4p000vt0() c D 4 Ph`Rh`h`6 L 2 l( D3 3 0 obj in the state of TN, both the nurse practice act and Tennessee administrative rules determine the element of RN delegation (T/F) true an example of appropriate tasks for the RN to delegate to an unlicensed staff member includes vital signs and totaling intake and output Rules and regulation of RNs; interpretations of these state laws. By definition, a controlled act can cause harm if it is performed by an individual who is not competent. 4-5-202, 45-204, 63- 7-105, 63- 7-106, and 63- 7-207.- . %%EOF 4 0 obj As one of 11 states with the highest level of restrictions for APRNs, Tennessee has subjected our states healthcare professionals to antiquated laws that place an administrative and financial hold through a collaborative practice agreement. The goal was the development of national guidelines to facilitate and standardize the nursing delegation process. Since the pandemic began almost one year ago, Tennessee nurses have been battling more than 700,000 cases across the state. Scope of practice varies by state. official report and a license to practice nursing in Tennessee . 1660 0 obj <>stream For all other purposes, this bill will take effect January 1, 2017. Practice - Delegation Resource Packet. Votes for Bill HB2395 by the House are not available. An order outlines how to perform that controlled act. If you support our nurses and the long-term health of our citizens, I urge you to contact your state legislators and ask them to support the Tennessee Nurses Association update to the Nurse Practice Act. One of the ways to ensure this is through teaching. Tennessee Board of Nursing. Tennessee has had 13 hospitals close during this time, the second most of any state. A number of requirements need to be met to ensure the delegated procedure is performed safely. In fact, nurse practitioners were found to outperform doctors in measures of consultation time, patient follow-up, and patient satisfaction. Rules and Regulations of Registered Nurses. 6. . Click hereto review theTennessee Code Annotated. Since the relief granted in these provisions expired on May 18, Tennessee began sufferinga significant increase in infections and daily hospitalizations. Both have the force of law and may be used in the regulation of a profession. endobj {|Qo[\D=wEk?yjS.|P]QON"m($$.0[S;I :$?e[P-+;SsYEvy(c|@U r@{KI,. 1637 0 obj <> endobj Table of Contents and Administrative History. For example, a nurse educator with the appropriate knowledge, skill, and judgement may teach a group of nurses how to adjust a pacemaker. Our state law requires career-long oversight . If a nurse receives an order for a controlled act procedure that they already have authority to perform through theNursing Act, 1991(for example, the administration of a substance by injection), the nurse does not need delegation. - Amends TCA Title 63 and Title 71. Once you verify your email address you will receivea second email confirming receipt of your waiver. A 2019 study on the macroeconomic benefits of granting APRNs Full Practice Authority in Tennessee projected an increase of 69,263 additional jobs and $8.63 billion in economic growth over the next eight years proving that freedom from collaborative practice agreements would have significant economic impact. p It is crucial to understand that states/jurisdictions have different laws and rules/regulations about delegation, and it is the responsibility of all licensed nurses to know what is permitted in their state NPA, rules/regulations, and policies. Ann. An NP's scope of practice can include assessing a patient's condition, ordering tests, interpreting results and making diagnoses, prescribing medication, and ordering treatments. Both have the force of law and may be used in the regulation of a profession. Board of Nursing Statutes Statutes are proposed and made law by the Tennessee State General Assembly (Legislature). requirements for documenting the delegation. Advanced Practice Nurses and Certificates of Fitness to Prescribe. Both have the force of law and may be used in the regulation of a profession. Our laws should allow advanced practice registered nurses to practice to the full extent of their education and expertise independent of a physiciansoversight, if they choose. 63-1 (Division of Health Related Boards) and T.C.A. Tennessee Voices: A conversation with Tina Gerardi. Title 1000 - Nursing. Tennessean Opinion Editor David Plazas Skyped with Tina Gerardi, executive director of the Tennessee Nurses Association, on March 31, 2020. one of 11 states with the highest level of restrictions for APRNs. If the COVID-19 pandemic has taught us anything, it is that nurses are the backbone of our healthcare system and any laws limiting their ability to provide direct and focused patient care is a detriment to Tennesseans everywhere. licensure, unless an applicant declines. Years 2 0 obj Nurses in the Special Assignment Class cannot delegate the authority to perform controlled acts to others, but may accept delegation. Ultimately, this is anti-choice and anti-free market for the patients of Tennessee. The Tennessee Nurses Association intends to fight for this right. The delegation process is multifaceted. Refer to CNOs Authorizing Mechanisms to learn more about orders. The application for waiver can be found at: Please complete the electronic fillable form below andensure your contact information and reason for requesting the waiver are filledin. Our state and its patients can no longer afford to sit back and wait for a solution. endobj This is not allowed because the individual who is sub-delegating does not have legal authority to perform the act. %%EOF by Shelley Cohen, BS, RN, CEN COPYRIGHT 2009 Tennessee Nurses Association The statutes pertaining to this Board are found at T.C.A. APRNs can also provide care in urban areas of the state designated as practitioner shortage areas. Rules and Regulations of Licensed Practical Nurses. Nursing Delegation in the School Setting This NASN Position Statement was retired in January 2022. 1650 0 obj <>/Filter/FlateDecode/ID[<7C479A248FCA2544A8B1690D5F6D8E80><5A919E3874B56B4DAB25C70888B98F67>]/Index[1637 24]/Info 1636 0 R/Length 72/Prev 106650/Root 1638 0 R/Size 1661/Type/XRef/W[1 2 1]>>stream 1736 0 obj <> endobj Tina Gerardi is executive director of the Tennessee Nurses Association. 0 American Nurses Association8515 Georgia Avenue, Suite 400Silver Spring, MD 20910-3492 1-800-274-4ANA www.Nursingworld.org Published by: www.Nursesbooks.org 2012 American Nurses Association. )K>8kp'n-&6VT>V&NuZ]l,}y%O|'l_+\4-/}ZG.`F&w+^ZMSmI8a2+A]nHav00$ Ob.vd]T#A in s/c Health Subcommittee to 3/15/2016, Placed on s/c cal Health Subcommittee for 3/8/2016, P2C, ref. Exceeds $1,354,600/FY17-18 and Subsequent <> Statutes are proposed and made law by theTennessee State General Assembly(Legislature). The Tennessee Nurses Association will be introducing state legislation to update the Nurse Practice Act to give nurses the ability to provide direct patient care without the need for. Scope of practice refers to the professional activities that each state authorizes nurses or other clinical staff to perform. RNs and RPNs can delegate and accept delegation if they are registered in the General, Extended or Emergency Assignment Class. These are trained individuals whose expertise is essential in assessing, diagnosing, and managing patients. The Increased Access to Care legislation through Full Practice Authority for APRNs would also yield major economic benefits and employment opportunities. A "health maintenance task" is a task that can safely be performed according to exact directions, with no need to alter the standard procedure, and the results of which are predictable. Yes (Ala. Code 1975 34-21-81 (3)). <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Establish and maintain a therapeutic nurse/client relationship. Nurse Practice Act: History and Overview Before the nurse practice act was introduced, nurses were unlicensed and unregistered. This statementreplaces the NCSBN and ANA 2010 Joint Statement on Delegation. The employer/nurse leader, individual licensed nurse, and delegatee all have specific responsibilities within the delegation process. . This bill grants the nurse immunity from liability for any action performed in the course of the nurse's delegation duties; and grants immunity form liability to an unlicensed person following written delegation instructions from a registered nurse, and performing the delegated task or tasks in accordance with such instructions. I currently reside in Indiana which is a collaborative practice state. Your working knowledge of acceptable delegation practices in Tennessee enhances your ability to provide safe and efficient patient care. There are 14 controlled acts in theRegulated Health Professions Act, 1991 (RHPA). All available data supports the fact that nurse practitioners have the professional acumen to match the primary care provided by physicians. It also lists the 7 requirements nurses must meet when accepting delegation. A health care prescriber that is unable to comply with the electronic prescription requirement for a Schedule II, III, IV or V prior to January 1, 2021, may apply for a waiver from the requirement based on economic hardship or technological limitations that are not reasonably within the control of the health care prescriber or other exceptional circumstance demonstrated by the health care prescriber. TN S 671 : Medical Occupations - Makes various changes to laws regulating physician assistants. Health care prescribers will be notified via the email address provided by the health care prescriber of the Commissioners approval or denial of the waiver request. hb``` ,aB 0m S0+uoDes?y11V: %%pB0 , ``( Pd`=$:62[V0*10:ieF@Z!+s!u Ra>O 0 Under these provisions, APRNs were able to build temporary assessment sites for COVID-19 patients and treat patients at primary care clinics, in private offices and through telemedicine - all measures that kept hospitalizations down and freed up beds for patients with severe complications. S$S/K0z[ I8 UAxK.p-@D7wr~ y0|}jU^cA4#-F@!8"8V9%_3 This makes it financially difficult for them to setup their own practices in areas that could benefit from the access to care their practice would provide. (See Delegation Model below.) NCSBN and ANA Position Paper on the National Guidelines for Nursing Delegation. The RN delegation rules have been revised on several occasions with the most recent revisions in effect on February 19, 2015. The Board, following specific notice requirements and hearings, adopts rules. The fact is nurse practitioners are already trained and qualified to perform many primary care tasks. <>>> Delegation and orders are two different authorities. "*+QYOI1NI.c~xDnQu?GukvxE!So-Q~O;A_nojXM qtX All rights reserved. TN H 1080 : Physician Assistants Act - Relates to medical professionals, relates to the Physician Assistants Act,. The Board does not track the number of who decline legend drug prescriptive authority, but does track the number with prescribing, dispensing, selling or compounding medication, ordering the application of a form of energy, treating by means of psychotherapy technique. These agreements require monthly payment of thousands of dollars for a doctor to validate an APRNs patient care, making it financially difficult for them to establish their own practices in areas that would greatly benefit from the added access to care. Luckily for Tennesseans, there is an achievable solution in the immediate term and the only thing that stands in its way is outdated, unnecessary, costly regulation. hbbd``b`z $WW D j D8 $n301}!` p %PDF-1.6 % These National Guidelines for Nursing Delegation build on previous work by NCSBN and the American Nurses Association, and provide clarification on the responsibilities associated with delegation. 63-1 (Division of Health Related Boards) and T.C.A. stream Years. This is a waste of talent and training one that unfairly limits our advanced practice registered nurses and also undermines quality of care. The statutes pertaining to this Board are found at T. C. A. Please see NASN's Health and Practice topic page on delegation and our S081 - Principles for Practice: Nursing Delegation to Unlicensed Assistive Personnel in the School Setting 2nd Edition resource. Additionally, these guidelines are meant to address delegation with respect to the various levels of nursing licensure (i.e., APRN, RN, and LPN/VN, where the state NPA allows). First, find out what your state's nurse practice act says about task delegation. Together the NPA and rules/regulations guide and govern nursing practice. Sub-delegation is prohibited. TN S 1171 : Medical Occupations - Expands the scope of practice for physician assistants, subject to. Tina Gerardi is the executive director of the Tennessee Nurses Association. Safe, competent nursing practice is grounded in the law as written in the state nurse practice act (NPA) and the state rules/regulations. Decrease Federal Expenditures - Exceeds $1,256,900/FY16-17 Nurses, Nursing - As introduced, enacts the "Tennessee Nursing Delegation Act for Home and Community Living," which authorizes a registered nurse to delegate certain health maintenance tasks to an unlicensed person if the nurse adheres to a delegation process; limits liability of such nurses and unlicensed persons. State laws that define the practice of nursing. jDv46 ba #? dfi Nurse-related Principles: The RN may delegate elements of care but does not delegate the nursing process itself. "Drug" shall have the same meaning as set forth in T.C.A. Teaching may be part of the delegation process but it is not equivalent to delegating. endstream endobj startxref hbbd``b`k#?` LU `e)Y"A b @B*#D R%k,OY=k8$vu=^ehx @bG'ggy#wbnUy`7>Y(K-Y}_nhC+)Ro~:1f:|oh4=aGOh:Oo7(fU 8TaJ*HqQZg;+q 12KI5FLr8/A\'a!S/*7SO{ cSooeqX!.p`wAZu:Y -.3$y3$ 101 Davenport Road Toronto, ON Canada M5R 3P1. "Department" means the Tennessee Department of Health. So, the challenge is the State of Tennessee is one of 11 states with the highest level of restrictions placed on advanced practice registered nurses. The Board, following specific notice requirements and hearings, adopts rules. To learn more about controlled acts, seeRHPA: Scope of Practice, Controlled Acts Model. Board of Nursing E-Prescribing Waiver Information and Application T.C.A. The application for waiver can be found at: Tennessee Department of Health Publications. This aligns with the economic objectives of the Tennessee General Assemblys Rural Caucus. 1000-04. One of the requirements is being satisfied that the delegatee has the knowledge, skill and judgment. The National Cabinet of State Boards of Nursing (NCSBN) can a not-for-profit organization whose purpose is to provide an organization through welche boards of nursing act furthermore counsel together on matters of common interest both concern affecting the public health, safety and welfare, including the development concerning licensing examinations in krankenpfleger. Click herefor Rules and Regulations pertaining to the Tennessee Board of Nursing, Click here for Rules related to Drug Testing and Reporting, Enhanced Nurse Licensure Compact Final Rules Effective January 19, 2018, Tennessee Department of Health Publications.

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tennessee nurse practice act delegation