Sec. 161.095. LIABILITY. (a) A registered nurse performing a client assessment required under Section 161.093 , or a registered nurse or licensed vocational nurse training an unlicensed person or determining whether an unlicensed person is competent to perform administration of medication under Section 161.093 , may be held accountable or civilly liable only in relation to whether the nurse properly: (1) performed the assessment; (2) conducted the training; and (3) determined whether the unlicensed person is competent to provide administration of medication to clients. (b) The Texas Board of Nursing may take disciplinary action against a registered nurse or licensed vocational nurse under this subchapter only in relation to whether: (1) the registered nurse properly performed the client assessment required by Section 161.093 ; (2) the registered nurse or licensed vocational nurse properly trained the unlicensed person in the administration of medication; and (3) the registered nurse or licensed vocational nurse properly determined whether an unlicensed person is competent to provide administration of medication to clients. (c) A registered nurse or licensed vocational nurse may not be held accountable or civilly liable for the acts or omissions of an unlicensed person performing administration of medication.
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