Rhode Island Scope of Practice: Permitted, Direct-Supervision & Excluded Duties
Key Takeaways
- 216-RICR-40-05-22.12.1 enumerates Rhode Island nursing assistant duties in three tiers: routine, direct-supervision-only, and excluded.
- Only three duties require direct supervision: enema, colostomy irrigation, and application of hot packs using a moist heat device or heat lamp.
- Excluded duties include sterile dressings, tube feeding, injections, vaginal irrigation, cutting toenails, cutting any nails of a diabetic, giving medical or nursing advice, changing a Foley catheter, tracheostomy care, any treatment to non-intact skin, and oxygen application.
- Rhode Island permits duties many states restrict: applying a condom catheter, changing a urinary drainage bag (excluding sterile procedures), reinforcing simple non-sterile dressings, and applying topical over-the-counter products to intact skin.
- A facility may assign duties beyond the list only if they are delineated in facility policy and documented training and competency evaluation for each duty is filed in the aide's personnel file.
Rhode Island Scope of Practice: Permitted, Direct-Supervision & Excluded Duties
Most states describe nurse-aide scope in generalities. Rhode Island itemizes it. Section 22.12.1 of 216-RICR-40-05-22 lists, by name, what a nursing assistant may do routinely, what may be done only under direct supervision, and what may never be done at all. Learn the lists — several items surprise people who trained in another state.
One definition first, because everything hinges on it (§ 22.3(A)(22)):
- Direct supervision — the supervisor is and remains on the premises, in the building, while you perform the duty, and evaluates your performance.
- Indirect supervision — the supervisor is not on the premises but is responsible for assigning your duties and evaluating your performance.
The facility decides which type applies to your ordinary work, except for the three duties below, which always require direct supervision.
Tier 1 — Duties You May Discharge Under Supervision
Personal care skills
Assist with complicated feeding and hydration · bed bath, tub bath, shower · care of skin and back · foot care, foot soak, applying foot lotion · nail care · oral hygiene · shampoo hair (sink, tub, bed), comb and brush · shave.
Basic nursing skills
- Application of dry heat and cold packs to intact skin
- Sitz bath to intact skin for comfort measures and pain relief only
- Application of topical over-the-counter (OTC) drugs to intact skin
- Apply lamb's wool · apply elastic stockings
- Care of patients on precautions
- Make an occupied and unoccupied bed
- Measure intake and output
- Reinforce simple non-sterile dressings
- Remind a patient to take medication
- Care for a patient when death is imminent · post-mortem care
- Specimen collection
- Apply condom catheter · empty catheter bag, commode, urinal · assist with ostomy appliance · assist with commode, toilet, bedpans and urinals · change urinary drainage bag, excluding any sterile procedures
- Assist with bowel/bladder retraining
- Report and record weight and height · take and record vital signs (TPR and blood pressure)
Rehabilitation skills
Ambulate · encourage self-help · positioning · normal range of motion · restraining and use of appropriate alternatives · transfer from bed, wheelchair, chair, commode · transfer using mechanical lift · use of assistive devices in ambulation, eating and dressing.
Environment
Care of the patient environment · handling of blood/body fluid spills · clean patient care area · basic domestic chores such as laundry, ironing, dishes, and food preparation where appropriate.
Recognition and reporting
Infection (redness, swelling, fever, chills, drainage) · respiratory problems (shortness of breath, rapid respirations, Cheyne-Stokes respirations, cough) · cardiac problems (chest pain, cyanosis of lips or nails, rapid pulse) · GI and GU problems (abdominal pain, nausea, vomiting blood, difficulty urinating, diarrhea) · endocrine problems (drowsiness, thirst, sweating).
💡 Things Rhode Island permits that surprise transplants. Applying a condom catheter and changing a urinary drainage bag (short of any sterile procedure) are routine duties here, as are reinforcing simple non-sterile dressings, applying topical OTC products to intact skin, giving a sitz bath to intact skin for comfort, and performing post-mortem care. Several states reserve some of these for licensed staff.
Tier 2 — Duties Requiring DIRECT Supervision
Section 22.12.1(B) lists exactly three:
| Duty | Requirement |
|---|---|
| Enema | Supervisor on the premises |
| Colostomy irrigation | Supervisor on the premises |
| Application of hot packs using a moist heat device or heat lamp | Supervisor on the premises |
Note the contrast with Tier 1: a dry heat pack on intact skin is routine; a moist heat device or heat lamp is direct-supervision-only. And note the ostomy split — assisting with an ostomy appliance is routine, but irrigating a colostomy is not.
Tier 3 — Excluded Duties
Section 22.12.1(C): a nursing assistant shall not perform functions that otherwise require a professional license, certification or registration and shall not perform, among others:
| Excluded duty | Note |
|---|---|
| Sterile dressing application | Reinforcing a simple non-sterile dressing is permitted; applying a sterile one is not |
| Gastric lavage or gavage, including any tube feeding | No initiating, adjusting, or administering tube feedings |
| Injections | Any route |
| Vaginal irrigations | |
| Cutting toenails or fingernails for a diabetic | Even filing carries risk; report instead |
| Cutting toenails | For any resident, not only diabetics |
| Giving advice on medical/nursing matters | Includes "you should ask for something for that" |
| Changing a Foley catheter | Emptying the bag and changing the drainage bag are permitted; changing the catheter is not |
| Tracheostomy tube care | |
| Any treatment to non-intact skin | No heat, cold, ointment, or dressing over broken skin |
| Oxygen application | A nursing assistant does not start oxygen or change the flow rate |
Medications
Section 22.12.1(D): a nursing assistant may only remind a patient to take medication, unless separately licensed by RIDOH as a Medication Aide.
The Medication Aide Boundary
A Medication Aide is a Rhode Island nursing assistant with additional training and a separate RIDOH license (§ 22.4(A)(2)). Note the title: Rhode Island licenses a Medication Aide, not a "medication technician" or "medication assistant."
| Requirement | Detail |
|---|---|
| Prerequisite | Active Rhode Island nursing assistant license |
| Education | High-school graduate or equivalent |
| Training | Department-approved program: minimum 45 hours of classroom instruction, taught by licensed pharmacists at a college or university; no correspondence or online programs |
| Exam | Pass the Medication Aide Certification Exam |
| Skills demo | Under RN supervision within one year of completing the program |
| Supervision after licensure | Monthly documented evaluations for the first three months, then at least quarterly |
| License term | Two years, expiring on the same date as the nursing assistant license |
What a Medication Aide may administer under supervision: oral, sublingual and buccal medications; eye, ear, nasal, rectal, and vaginal medications; skin ointments and topical medications including patches and transdermal products to intact skin only; premeasured medication by aerosol or nebulizer; and medications by metered hand-held inhaler. Under direct supervision, a Medication Aide may apply oxygen.
What a Medication Aide may never do: administer drugs or biologicals in an acute care setting; administer any Schedule II controlled substance; administer medications to patients who reside at home; or administer by central line and other prohibited routes.
What the Licensed Nurse Does That You Do Not
| Nursing assistant | Licensed nurse (RN/LPN) |
|---|---|
| Observes and reports | Assesses and interprets |
| Follows the care plan | Creates and revises the care plan |
| Performs delegated tasks | Delegates and retains accountability |
| Reminds a patient to take medication | Administers medication |
| Reinforces a non-sterile dressing | Performs sterile procedures |
| Reports a change in condition | Takes physician orders and initiates treatment |
| Answers questions about routine care | Provides clinical teaching and medical advice |
Refusing a Task and Expanding a Task
Refuse — immediately, directly, and with a stated reason — any task that is outside this scope, that you have not been trained and checked off on, that requires nursing judgment, or that is unclear or unsafe. Delegation cannot enlarge your legal scope, and a nurse's instruction does not make an excluded duty lawful.
Lawful expansion exists but is narrow. Section 22.12.1(B)(4) permits a facility to assign nursing duties beyond the standard lists — but never any duty excluded under (C) — only where:
- The duties are clearly delineated in facility policies, and
- Documented evidence of training and competency evaluation for each additional duty is filed in your personnel file.
No verbal, on-the-spot expansion is valid. If a supervisor asks you to do something not on the list and not in a written policy you have been trained and checked off on, the answer is no.
Two More Rhode Island Duties That Attach to You
- Pain assessment. All nursing assistants and medication aides must assess patient pain in accordance with the RIDOH Rules and Regulations Related to Pain Assessment (§ 22.5(C)).
- Title protection. No one may use the title "nursing assistant" or a similar title without a RIDOH license, and the only abbreviation a Rhode Island nursing assistant may use is "N.A." (§ 22.5(B)).
Which of the following is a routine Rhode Island nursing assistant duty rather than an excluded or direct-supervision-only duty?
A resident asks the nurse aide, "Do you think I should ask the doctor to change my blood pressure pill? It makes me dizzy." What is the correct response?
A director of nursing tells a nurse aide that on this unit, aides routinely perform a task not on the regulation's duty list. Under Rhode Island rules, when may that be lawful?