Under Subsections
58-31b-102(12)(g) and R156-31b-102(14),
the delegation of nursing tasks in a non-school setting is as follows:
(1) Under Section
58-1-307.1, the nursing tasks that
an unlicensed individual may perform without delegation by a health care
provider are listed on the Division's website at
https://dopl.utah.gov/nurse.
(2) A delegator retains accountability for
the appropriate delegation of tasks and for the nursing care of the
patient.
(3) Tasks that are
appropriate for delegation with prior assessment are as follows:
(a) a delegator may not delegate to
unlicensed assistive personnel a task requiring the specialized knowledge,
judgment, or skill of a licensed nurse;
(b) a delegator may not delegate a task that
is:
(i) outside the area of the delegator's
responsibility;
(ii) outside the
delegator's personal knowledge, skills, or ability; or
(iii) beyond the ability or competence of the
delegatee to perform:
(A) as personally known
by the delegator; and
(B) as
evaluated according to generally accepted nursing practice standards of health,
safety, and reasonable prudence; and
(c) a nursing task may be delegated if it
meets the following criteria, as applied to each specific patient situation:
(i) it is considered routine care for the
specific patient;
(ii) it poses
little potential hazard for the patient;
(iii) it is generally expected to produce a
predictable outcome for the patient;
(iv) it is administered according to a
previously developed plan of care; and
(v) it does not inherently involve nursing
judgment that cannot be separated from the procedure; and
(d) before determining which, if any, nursing
tasks may be delegated, the delegator shall make a focused nursing assessment
of the circumstances, and evaluate the following factors to determine the
degree of supervision required to ensure safe care:
(i) the stability and condition of the
patient;
(ii) the training,
capability, and willingness of the delegatee to perform the delegated
task;
(iii) the nature of the task
being delegated, including the complexity, irreversibility, predictability of
outcome, and potential for harm inherent in the task;
(iv) the proximity and availability to the
delegatee of the delegator or other qualified nurse during the time when the
task will be performed; and
(v) any
immediate risk to the patient if the task is not carried out; and
(e) if a delegator, upon review of
the criteria established in this subsection, determines that a proposed
delegatee cannot safely provide the requisite care, the delegator may not
delegate the task to the proposed delegatee.
(4) Requirements for instruction and
demonstration of competency before the delegation of tasks are as follows:
(a) in delegating a nursing task, the
delegator shall:
(i) provide instruction and
direction necessary to allow the delegatee to safely perform the specific
task;
(ii) explain the delegation
to ensure that the delegatee understands which patient is to be treated, and
according to what time frame; and
(iii) instruct the delegatee how to intervene
in any foreseeable risks that may be associated with the delegated task;
and
(b)
(i) if the employing facility or agency
requires initial and ongoing demonstration of competency of direct patient care
tasks, and makes competency documentation available to the delegator, the
delegator may use that competency documentation;
(ii) if the employing facility or agency does
not require demonstration of competency or does not provide competency
documentation that is satisfactory to the delegator, or if a task falls outside
tasks in which the proposed delegatee has previously been proven competent, the
delegator or qualified educator shall:
(A)
require the proposed delegatee to provide to the delegator or qualified
educator a physical or verbal demonstration of the delegated task;
and
(B) document the observed or
spoken demonstration; and
(iii) teaching of a task, demonstration of
competency, and documentation may be conducted per individual or in a group
training session.
(5) Requirements for a delegator during the
supervision and monitoring of a task are as follows:
(a) provide ongoing appropriate supervision
and evaluation of the delegatee;
(b) ensure that the delegator or another
qualified nurse is readily available, either in person or by telecommunication,
to:
(i) evaluate the patient's health status;
(ii) evaluate the performance of
the delegated task;
(iii) determine
whether goals are being met; and
(iv) determine the appropriateness of
continuing delegation of the task; and
(c) if the delegated task is to be performed
more than once, establish a system for ongoing monitoring of the
delegatee.
(6) A
delegatee is prohibited from the following without express permission from the
delegator:
(a) further delegate to another
person a delegated task, or any part of a delegated task; or
(b) expand the scope of the delegated
task.
(7) A medical
facility's internal policies or practices required or allowed to be performed
by an unlicensed person shall not be deemed to have been delegated by a
licensee.