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(1) Delegation is a nursing act distinct from teaching, supervising, consulting, and advising.

(2) Before delegating, the LPN or RN should consider the five rights of delegation: the right task, the right person to whom the delegation is made, the right circumstances, the right direction and communication by the LPN or RN, and the right supervision and evaluation.

(3) Delegation of a nursing task to an AP shall be based solely on the determination of the patient's nurse, who has personally assessed the patient's condition, so that delegation can be performed without jeopardizing the patient's welfare.

(4) The nursing task to be delegated must be within the area of responsibility, scope of practice, and competency of the nurse delegating the task.

(5) The LPN or RN shall delegate to another only those nursing tasks for which that person has the necessary skills and competence to accomplish safely. In maintaining accountability for the delegation, the LPN or RN shall ensure:

(a) that the AP has the education and demonstrated competency to perform the delegated task;

(b) the task delegated is consistent with the AP's job description;

(c) patient needs match the AP's qualifications, available resources, and appropriate supervision;

(d) results of the task are reasonably predictable;

(e) the task does not require clinical reasoning, nursing judgment, or critical decision making;

(f) patient needs and circumstances of the delegation are such that the delegation of the task poses minimal risk to the patient and can be safely performed according to clear and exact directions;

(g) directions and guidelines are clearly communicated regarding the delegated task;

(h) for delegation of a routine task on stable patients, there is verification that the AP follows each written facility policy or procedure when performing the delegated task;

(i) those to whom nursing tasks are delegated are properly supervised by monitoring performance, progress, and outcomes;

(j) evaluation of the effectiveness of the delegation;

(k) follow-up on problems and intervention and revision of the plan of care as needed;

(l) the observation and communication of the outcomes of the delegated task; and

(m) documentation of the task.

(6) The delegating nurse retains professional accountability for the delegated nursing task.


History: 37-1-131, 37-8-202, MCA; IMP, 37-1-131, 37-8-202, MCA; NEW, 2005 MAR p. 1022, Eff. 7/1/05; TRANS, from Commerce, 2006 MAR p. 2035; AMD, 2016 MAR p. 1010, Eff. 6/4/16; AMD, 2021 MAR p. 991, Eff. 8/7/21.

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