OAR 851-047-0000
Rule Summary, Statement of Purpose and Intent

These rules provide standards and guidance for nurses to delegate specific tasks of nursing care and teach administration of noninjectable medications to unlicensed persons. Registered Nurses have a broad scope of practice in teaching and delegating tasks of nursing care to unlicensed persons and providing periodic supervision. Licensed Practical Nurses’ scope of practice includes teaching and supervision of unlicensed persons at the discretion and under the direction of the Registered Nurse. It is the responsibility of the Registered Nurse to decide when, how and if it is appropriate for unlicensed persons to be delegated tasks of nursing care. The Registered Nurse, when delegating to an unlicensed person, is authorizing that person to perform a task of nursing care normally within the Registered Nurse’s scope of practice. Prior to agreeing to delegate tasks of nursing care, the Registered Nurse has the responsibility to understand these rules for delegating tasks of nursing care and achieve the competence to delegate and supervise. This may be accomplished by attending a class on delegation, obtaining one to one instruction or using other methods to understand delegation. These rules describe the type of settings in which delegation may occur, define delegation of tasks of nursing care, who may delegate, describe the process for delegation and describe the process for teaching the administration of noninjectable medications.

(1)

These rules apply only in settings where a Registered Nurse is not regularly scheduled and not available to provide direct supervision. These are home and community-based settings as described in OAR 851-047-0010(6) and local corrections, lockups, juvenile detention, youth corrections, detoxification facilities, adult foster care and residential care, training and treatment facilities as described in ORS 678.150 (Powers, functions and duties of board, officers and executive director)(9).

(2)

These rules have no application in acute care or long-term care facilities or any setting where the regularly scheduled presence of a registered nurse is required by statute or administrative rule.

(3)

The purpose of these rules is to govern nurses (Registered Nurses, Licensed Practical Nurses, Clinical Nurse Specialists, Certified Registered Nurse Anesthetists and Nurse Practitioners) who practice in settings where delegation may occur. These rules are not intended to govern the setting itself. The Board recognizes that some settings do not provide nursing services. The Board believes that settings which provide nursing services or advertise that they provide nursing services should have consistent nursing practice standards in place that the public may rely on, including the delegation of nursing care tasks consistent with the provisions of these administrative rules.

(4)

Pursuant to ORS 678.036 (Liability of nurse supervising nursing assistants), a Registered Nurse who delegates tasks of nursing care to an unlicensed person shall not be held responsible for civil damages for the actions of the unlicensed person in performing a task of nursing care unless:

(a)

The unlicensed person is acting on specific instructions from the nurse; or

(b)

The nurse fails to leave instructions when the nurse should have done so.

(5)

The Registered Nurse is responsible for:

(a)

Assessing a client situation to determine whether or not delegation of a task of nursing care could be safely done;

(b)

Safely implementing the delegation process;

(c)

Following the Board’s process for delegation as described in these rules; and

(d)

Reporting unsafe practices to the facility owner, administrator and/or the appropriate state agency(ies).

(6)

Failure to follow the provisions of these rules may subject the nurse to disciplinary sanctions by the Board.

Source: Rule 851-047-0000 — Rule Summary, Statement of Purpose and Intent, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=851-047-0000.

Last Updated

Jun. 8, 2021

Rule 851-047-0000’s source at or​.us