1. (1) In accordance with these rules:

   1. (a)  The registered nurse (RN) may delegate, to other than licensed nursing personnel, tasks relating to the administration of medication and patient care tasks that are ordered or prescribed by a physician licensed under ORS chapter 677, a CNS or NP;
   2. (b) The delegation must occur under the procedural guidance, initial direction and periodic inspection and evaluation of the physician, CNS, NP or RN;
   3. (c) The provision of nursing care may be delegated only by a registered nurse; and
   4. (d) Delegation under these rules may only occur in a community-based setting.

2. (2) For the purposes of these rules:

   1. (a) The term “nursing procedure” includes the tasks referenced in section (1) of this rule; and
   2. (b) The term “unregulated assistive person (UAP) means a person other than licensed nursing personnel.
3. (3) An RN may not delegate the nursing process components of assessment, identification of reasoned conclusions, outcome identification, planning, or evaluation to a UAP.

4. (4) Prior to delegating, an RN must ensure that practice setting policies:

   1. (a) Support RN engagement in delegation process; and
   2. (b) Are consistent with these rules.
5. (5) Pursuant to ORS 678.036(3), a nurse who delegates the provision of nursing care to another person pursuant to ORS 678.150 shall not be subject to an action for civil damages for the performance of a person to whom nursing care is delegated unless the person is acting pursuant to specific instructions from the nurse or the nurse fails to leave instructions when the nurse should have done so
6. (6) Nothing in these rules waives or otherwise alters an RN’s obligation to comply with OAR Chapter 851 Division 45.
7. (7) The decision to delegate or not delegate remains solely with the RN.

Statutory/Other Authority

ORS 678.150

Statutes/Other Implemented

ORS 678.150

History

BN 9-2024, amend filed 08/27/2024, effective 09/01/2024
BN 3-2023, amend filed 07/06/2023, effective 08/01/2023
BN 5-2004, f. & cert. ef. 2-26-04
BN 3-1998, f. & cert. ef. 3-13-98
NB 8-1992, f. & cert. ef. 7-27-92, Renumbered from 851-045-0011
NB 2-1990, f. & cert. ef. 4-2-90
NB 7-1989(Temp), f. & cert. ef. 10-4-89
NB 2-1988, f. & cert. ef. 6-24-88