(A) When a licensed nurse delegates a nursing task to an unlicensed person in accordance with this chapter, supervision of the performance of the nursing task by the unlicensed person shall be provided by the delegating nurse. For purposes of this rule, supervision includes initial and ongoing direction, procedural guidance, and evaluation, and may include direct observation of the performance of the nursing task. The delegating nurse shall evaluate the performance by the unlicensed person of the delegated nursing task, the need for further instruction, and the need to withdraw the delegation.
(B) If the substantial purpose of the setting, institution, or agency where a delegated nursing task is being performed is the provision of health care services, the supervision provided by the delegating nurse shall be on-site direct supervision.
(C) If the substantial purpose of the setting, institution, or agency where a delegated nursing task is being performed is other than the provision of health care services, the supervision provided by the delegating nurse may be on-site direct supervision, or indirect supervision provided by the delegating nurse who is always accessible through some form of telecommunication. Prior to the delegation of any nursing task in a setting, institution, or agency where the substantial purpose of the setting, institution, or agency is other than the provision of health care, a registered nurse shall conduct an assessment . The assessment and the following factors shall be used by the delegating nurse to determine the supervision required by the delegating nurse.
(1) The number of individuals who require nursing care and the health status of the individuals;
(2) The types and number of nursing tasks that will be delegated;
(3) The continuity, dependability, and reliability of the unlicensed person who will be performing the delegated nursing task;
(4) If the delegating nurse is assuming responsibility for more than one setting, the distance between settings, the accessibility of each setting, and any unusual problems that may be encountered in reaching each setting; and
(5) The availability of emergency aid should the nurse be too far from the setting to arrive at the setting in a timely manner.
119.032 review dates:
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.01 , 4723.03 , 4723.07
Prior Effective Dates: 12/01/1995, 02/01/2002, 02/01/2007