(1) The degree of required supervision of the UAP by the delegating nurse shall be determined by the delegating nurse after evaluation of factors described in this subchapter including, but not limited to, the following:

(a) stability of the patient's condition;

(b) training and capability of the specific UAP delegatee;

(c) nature of the nursing task being delegated;

(d) proximity and availability of the nurse to the UAP when the nursing task will be performed; and

(e) setting:

(i) In an acute care or skilled nursing facility setting, the delegating nurse shall provide, at a minimum, direct supervision for any delegated nursing task.

(ii) For advanced delegation as authorized in ARM 24.159.1630, 24.159.1631, 24.159.1636 and 24.159.1640, the delegating nurse shall provide immediate supervision for any delegated nursing task.

(iii) In nonacute settings, the delegating nurse shall provide, at a minimum, indirect supervision for any delegated nursing task.

(2) In nonacute settings, unless otherwise provided in this rule or indicated by the situation, the delegating nurse shall make a supervisory visit at least monthly to:

(a) evaluate the patient's health status;

(b) evaluate the performance of the delegated nursing task;

(c) determine whether goals are being met; and

(d) determine the appropriateness of continuing delegation of the task.

(3) The delegating nurse is accountable for the:

(a) safety of the patient;

(b) nursing process;

(c) patient assessment; and

(d) delegation of nursing tasks appropriate to the UAP's documented knowledge, skills, and abilities.

(4) Violation of any rule in this subchapter constitutes unprofessional conduct under ARM 24.159.2301.