(1) Any registered nurse, as defined in section 12-38-103 (11), may delegate any task included in the practice of professional nursing, as defined in section 12-38-103 (10), subject to the requirements of this section. In no event may a registered nurse delegate to another person the authority to select medications if such person is not, independent of such delegation, authorized by law to select medications.
(2) Delegated tasks shall be within the area of responsibility of the delegating nurse and shall not require any delegatee to exercise the judgment required of a nurse.
(3) No delegation shall be made without the delegating nurse making a determination that, in his or her professional judgment, the delegated task can be properly and safely performed by the delegatee and that such delegation is commensurate with the patient's safety and welfare.
(4) The delegating nurse shall be solely responsible for determining the required degree of supervision the delegatee will need, after an evaluation of the appropriate factors which shall include but not be limited to the following:
(a) The stability of the condition of the patient;
(b) The training and ability of the delegatee;
(c) The nature of the nursing task being delegated; and
(d) Whether the delegated task has a predictable outcome.
(5) An employer of a nurse may establish policies, procedures, protocols, or standards of care which limit or prohibit delegations by nurses in specified circumstances.
(6) The board may promulgate rules pursuant to this section, including but not limited to standards on the assessment of the proficiency of the delegatee to perform delegated tasks, and standards for accountability of any nurse who delegates nursing tasks. Such rules shall be consistent with the provisions of part 3 of article 1.5 of title 25, C.R.S., section 25.5-10-204 (2)(j), C.R.S., and section 27-10.5-103 (2)(i), C.R.S.
Source: L. 92: Entire section added, p. 2009, 2, effective June 2. L. 2003: (6) amended, p. 702, 15, effective July 1. L. 2013: (6) amended, (HB 13-1314), ch. 323, p. 1801, 21, effective March 1, 2014.