Md. Code Regs. 10.39.06.12
Criteria for Delegation.
Effective Apr 27, 2026Health Occupations Article, §§ 8-205, 8-303, 8-6A-01 through 8-6A-10, 8-6A-12, 8-6A-14.1, 8-6A-15, 8-701, 8-703, 8-705, and 8-706, Annotated Code of Maryland
- A. The nurse may delegate the responsibility to perform a dialysis-related nursing task to a certified dialysis technician. The delegating nurse retains the accountability for the dialysis-related nursing task.
B. A dialysis-related nursing task delegated by the nurse shall be:
- (1) Within the area of responsibility of the nurse delegating the act;
- (2) Such that, in the judgment of the nurse, it can be properly and safely performed by the certified dialysis technician without jeopardizing patient welfare; and
- (3) A task that a reasonable and prudent nurse would find is within the scope of sound nursing judgment.
- C. A dialysis-related nursing task delegated by the nurse may not require the certified dialysis technician to exercise nursing judgment or intervention except in an emergency situation.
D. When delegating a dialysis-related nursing task to a certified dialysis technician, the nurse shall:
- (1) Make an assessment of the patient's nursing care needs related to the delegated task;
- (2) Either instruct the certified dialysis technician in the delegated task or verify the certified dialysis technician's competency to perform the nursing task;
- (3) Supervise the performance of the delegated nursing task in accordance with Regulation .13 of this chapter;
- (4) Be accountable and responsible for the delegated task;
- (5) Evaluate the performance of the delegated nursing task; and
- (6) Be responsible for ensuring accurate documentation of outcomes on the medical record.
E. The nurse shall be the primary decision maker when delegating a dialysis-related nursing task to a certified dialysis technician. Nursing judgment shall be exercised within the context of the employer’s model of nursing practice which includes a mechanism for:
- (1) Identifying those individuals to whom nursing tasks may be delegated;
- (2) Reevaluation of the competency of those to whom nursing tasks may be delegated;
- (3) Recognizing that the final decision regarding delegation is within the scope of the nurse's professional judgment;
- (4) Determining the competency of the nurse to delegate; and
- (5) Determining to whom nursing tasks may be delegated, which includes input by nurses employed in the structured setting.
Authority: Health Occupations Article, §§ 8-205, 8-303, 8-6A-01 through 8-6A-10, 8-6A-12, 8-6A-14.1, 8-6A-15, 8-701, 8-703, 8-705, and 8-706,
Annotated Code of Maryland
Effective date: August 4, 2025 (52:15 Md. R. 812)
Regulation .08D, F amended effective April 27, 2026 (53:8 Md. R. 356)
Regulation .08G adopted effective April 27, 2026 (53:8 Md. R. 356)
Regulation .10C, D amended effective April 27, 2026 (53:8 Md. R. 356)