(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).
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