(a) Delegation of nursing tasks to unlicensed persons shall comply with the following requirements:

1. (1) A licensed nurse delegating the task is responsible for the:

   1. (A) Nursing care given to the client; and
   2. (B) Final decision regarding which nursing tasks can be safely delegated;

2. (2)

   1. (A) A licensed nurse must make an assessment of the client’s nursing care needs prior to delegating the nursing task.
   2. (B) Reference 17 CAR § 124-103 for exceptions;

3. (3) The nursing task must be one that:

   1. (A) A reasonable and prudent licensed nurse would assess to be appropriately delegated;
   2. (B) Would not require the unlicensed person to exercise nursing assessment, judgment, evaluation, or teaching skill; and
   3. (C) Can be properly and safely performed by the unlicensed person involved without jeopardizing the client’s welfare;

4. (4) A licensed nurse shall have:

   1. (A) Written procedures available for the proper performance of each task; and
   2. (B) Documentation of the competency of the unlicensed person to whom the task is to be delegated;
5. (5) The delegating licensed nurse shall be readily available either in person or by telecommunication except as prohibited by other statute or rule;
6. (6) The licensed nurse shall be responsible for documentation of delegated tasks;

7. (7)

   1. (A) Unlicensed nursing students may work only as unlicensed nursing personnel.
   2. (B) They may not represent themselves or practice as nursing students except as part of a scheduled clinical learning activity in the curriculum of an Arkansas State Board of Nursing-approved nursing program; and
8. (8) The licensed nurse shall adequately supervise the performance of delegated nursing tasks in accordance with the requirements of supervision that follow.

(b) Supervision. The degree of supervision required shall be determined by the licensed nurse after an evaluation of appropriate factors involved, including, but not limited to, the following:

1. (1) The stability of the condition of the client;
2. (2) The training and capability of the unlicensed person to whom the nursing task is delegated;
3. (3) The nature of the nursing task being delegated; and
4. (4) The proximity and availability of a licensed nurse to the unlicensed person when performing the nursing task.