20:48:04.01:01. General criteria for delegation. The registered nurse is responsible for the nature and quality of nursing care that a client receives under the nurse's direction. To achieve full utilization of the services of a registered nurse or a licensed practical nurse, the licensed nurse may delegate selected nursing tasks to unlicensed assistive personnel. Unlicensed assistive personnel may complement the licensed nurse in the performance of nursing functions but may not substitute for the licensed nurse. Unlicensed assistive personnel may not redelegate a delegated act.
A licensed nurse is accountable to practice in accordance with the scope of practice as defined in SDCL chapter 36-9. The delegating nurse is accountable for assessing a situation and making the final decision to delegate. The delegation of nursing tasks to unlicensed assistive personnel must comply with the following criteria:
(1) The nursing task is one that a reasonable and prudent licensed nurse would find within the scope of sound nursing judgment to delegate;
(2) The nursing task is one that, in the opinion of the delegating licensed nurse, can be properly and safely performed by unlicensed assistive personnel without jeopardizing the client's welfare;
(3) The nursing task does not require unlicensed assistive personnel to exercise nursing judgment;
(4) The licensed nurse evaluates the client's nursing care needs before delegating the nursing task;
(5) The licensed nurse verifies that the unlicensed person is competent to perform the nursing task; and
(6) The licensed nurse supervises the performance of the delegated nursing task in accordance with the requirements of §20:48:04.01:02.
Source: 21 SDR 13, effective August 7, 1994; 26 SDR 174, effective July 4, 2000.
General Authority:SDCL 13-33A-2, 36-9-21.
Law Implemented:SDCL 13-33A-1, 36-9-3, 36-9-4, 36-9-4.1, 36-9-21.
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