(a) Nursing tasks not included in 17 CAR § 124-103:

1. (1) Are not usually within the scope of sound nursing judgment to delegate; and
2. (2) May be delegated only in accordance with subsection (b) of this section.

(b) The nursing tasks of this section may be delegated to an unlicensed person only:

1. (1) Under circumstances where a reasonable and prudent licensed nurse would find that the delegation does not jeopardize the client's safety and/or welfare;
2. (2) If, in the judgment of the licensed nurse, the unlicensed person has the appropriate knowledge and skills to perform the nursing task or tasks in a safe and effective manner;
3. (3) If the licensed nurse delegating the task is directly responsible for the nursing care given to the client;

4. (4) If the agency, facility, or institution employing unlicensed personnel follows a current protocol for the instruction and training of unlicensed personnel performing nursing tasks under this subsection and that said protocol:

   1. (A) Is developed by and taught under the supervision of registered nurses currently employed in the facility; and
   2. (B) Includes:

(i) The manner in which the instruction addresses the complexity of the delegated task;

1. (ii) The manner in which the unlicensed person demonstrates competency of the delegated task;

   1. (iii) The mechanism for reevaluation of the competency; and

      1. (iv) An established mechanism for identifying those individuals to whom nursing tasks under this subsection may be delegated; and
2. (5) If the protocol recognizes that the final decision as to what nursing tasks can be safely delegated in any specific situation is within the specific scope of the nurse's professional judgment.