9313.1 A licensed nurse or health care professional may assign tasks to HHAs that are among the authorized tasks of the HHA listed in § 9315.1.

9313.2 HHAs shall not practice independently but shall work under the immediate supervision of a licensed nurse or other licensed health care professional if the supervisor determines that immediate supervision is necessary, or work under general supervision.

9313.3 A registered nurse may delegate tasks to HHAs. The delegating registered nurse shall comply with the standards for delegation listed in 17 DCMR § 5415. Nursing care tasks that may be delegated shall be determined by:

(a) The knowledge and skills of the HHA;

(b) Verification of the clinical competence of the HHA by the employing agency;

(c) The stability of the client's condition, including factors such as predictability, absence of risk of complication, and rate of change in health status; and

(d) The variables in each health care setting which include, but are not limited to:

(1) The accessible resources and established policies, procedures, practices, and channels of communication that lend support to the type of nursing tasks being delegated to the home health aide;

(2) The complexity and frequency of care needed by a given client population; and

(3) The accessibility of a licensed nurse or other licensed health professionals.

9313.4 Nursing tasks that inherently involve on-going assessment, interpretation, or decision making that cannot be logically separated from one or more procedures shall not be delegated to the HHA.