(1) Any licensed practical nurse, registered nurse, or advanced practice registered nurse may delegate any task included in the nurse's licensed scope of practice, subject to the requirements of this section. A licensed practical nurse, registered nurse, or advanced practice registered nurse may delegate nursing tasks to licensed, certified, registered, or unlicensed or unregulated assistive personnel. In no event may a registered nurse delegate to another person the authority to select medications if the person is not, independent of the delegation, authorized by law to select medications.
Delegated tasks shall be within the area of responsibility of the delegating nurse andshall not require any delegatee to exercise the judgment required of a nurse.
No delegation shall be made without the delegating nurse making a determinationthat, in his or her 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.
The delegating nurse shall be solely responsible for determining the required degreeof supervision the delegatee will need, after an evaluation of the appropriate factors, which shall include but not be limited to the following:
The stability of the condition of the patient;
The training and ability of the delegatee;
The nature of the nursing task being delegated; and(d) Whether the delegated task has a predictable outcome.
An employer of a nurse may establish policies, procedures, protocols, or standards ofcare that limit or prohibit delegations by nurses in specified circumstances.
The board may promulgate rules pursuant to this section, including but not limited tostandards on the assessment of the proficiency of the delegatee to perform delegated tasks, and standards for accountability of any nurse who delegates nursing 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).
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.
Editor's note: This section is similar to former § 12-38-132 as it existed prior to 2019.
Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.