The registered professional nurse shall provide supervision of all nursing tasks delegated to unlicensed persons in accordance with the following conditions. These criteria apply to all instances of RN delegation and supervision of delegation for clients with acute conditions or in acute care environments.
  (1) The degree of supervision required shall be determined by the delegating RN or the RN who assumes supervisory responsibilities after an evaluation of appropriate factors involved including, but not limited to, the following:
    (A) the stability of the client's status in relation to the task(s) to be delegated;
    (B) the training, experience, and capability of the unlicensed person to whom the nursing task is delegated;
    (C) the nature of the nursing task being delegated; and
    (D) the proximity and availability of the RN to the unlicensed person when the nursing task will be performed.
  (2) The RN or an RN who assumes supervisory responsibilities under this section shall be available in person or by telecommunications, and shall make decisions about appropriate levels of supervision using the following examples as guidelines:
    (A) In situations where the RN's regularly scheduled presence is required to provide nursing services, including assessment, planning, intervention and evaluation of the client whose health status is changing and/or to evaluate the client's health status, the RN must be readily available to supervise the unlicensed person in the performance of delegated tasks. Settings include, but are not limited to acute care, long term care, rehabilitation centers, and/or clinics providing public health services.
    (B) In situations where nursing care is provided in the client's residence but the client's status is unstable and unpredictable and the RN is required to assess, plan, intervene, and evaluate the client's unstable and unpredictable status and need for skilled nursing services, the RN shall make supervisory visits at least every fourteen calendar days. The RN shall assess the relationship between the unlicensed person and the client to determine whether health care goals are being met. Settings include, but are not limited to group homes, foster homes and/or the client's residence.
    (C) In situations where the RN assumes supervision of UAPs performing tasks that have been delegated by another RN, if performance of the tasks by the UAP poses a risk of patient harm, the supervising RN must intervene as required to stabilize a patient's condition and prevent complications and then communicate with the delegating RN.

Source Note: The provisions of this §224.7 adopted to be effective February 19, 2003, 28 TexReg 1384 ; amended to be effective January 27, 2015, 40 TexReg 381