§ 12-255-131 — Delegation of nursing or midwifery tasks - rules

(1) Any
licensed practical nurse, registered nurse, advanced practice registered nurse, or
certified midwife may delegate any task included in the nurse's or certified
midwife's licensed scope of practice, subject to the requirements of this section. A
licensed practical nurse, registered nurse, advanced practice registered nurse, or
certified midwife may delegate nursing or certified midwife tasks to licensed,
certified, registered, or unlicensed or unregulated assistive personnel. In no event
may a registered nurse or certified midwife delegate to another person the
authority to select medications if the person is not, independent of the delegation,
authorized by law to select medications.

(2) Delegated tasks must be within the area of responsibility of the
delegating nurse or certified midwife and must not require any delegatee to
exercise the judgment required of a nurse or certified midwife.

(3) No delegation shall be made without the delegating nurse or certified
midwife making a determination that, in the licensee's professional judgment, the
delegated task can be properly and safely performed by the delegatee and that the
delegation is commensurate with the patient's safety and welfare.

(4) The delegating nurse or certified midwife is solely responsible for
determining the required degree of supervision the delegatee will need, after an
evaluation of the appropriate factors, which include but are not limited to the
following:

(a) The stability of the condition of the patient;

(b) The training and ability of the delegatee;

(c) The nature of the nursing or certified midwife task being delegated; and

(d) Whether the delegated task has a predictable outcome.

(5) An employer of a nurse or certified midwife may establish policies,
procedures, protocols, or standards of care that limit or prohibit delegations by
nurses or certified midwives in specified circumstances.

(6) The board may promulgate rules pursuant to this section, including but
not limited to standards on the assessment of the proficiency of the delegatee to
perform delegated tasks, and standards for accountability of any nurse or certified
midwife who delegates nursing or certified midwife tasks. The rules shall be
consistent with the provisions of part 3 of article 1.5 of title 25, section 25.5-10-204
(2)(j), and section 27-10.5-103 (2)(i).

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1359, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1216), ch. 190, p. 880, � 26, effective July 1. L. 2023: Entire section amended, (SB 23-167), ch. 261, p. 1530, � 20, effective May 25.