59A-8.0216. RN Delegation of Tasks

(1) A registered nurse (RN) may delegate tasks to a home health aide or certified nursing assistant (CNA) in accordance with Sections 400.489, 400.490, 464.0156 and 464.2035, F.S., provided the following criteria are met:

(a) The home health agency is licensed to provide skilled care;

(b) The home health aide or CNA has met the training and validation pursuant to Section 400.489 and 464.2035, F.S., and Rule 59A-8.0097, F.A.C.;

(c) The registered nurse delegating the task determines that the home health aide or CNA is competent to perform the task, and

(d) The task meets criteria in section (3) of this rule.

(2) A home health aide or CNA should only accept a delegation that the aide is appropriately trained and educated to perform.

(3) A registered nurse shall follow the delegation process outlined in Rule 64B9-14.002, F.A.C. when delegating a task to a home health aide or CNA.

(4) A registered nurse delegating a task to a home health aide or CNA shall document the following:

(a) Name of the patient and task being performed;

(b) The expected or desired outcome;

(c) The time frame for the delegation;

(d) The nature of the supervision required;

(e) Verification of the home health aide’s or CNA’s understanding of the task; and

(f) Periodic inspection and assessment of the home health aide or CNA’s performance of the task in accordance with Rule 64B9-14.002, F.A.C.

(5) The registered nurse maintains accountability for the patient.

(6) The home health agency must obtain written, dated consent of the patient, or the patient’s guardian, legal representative, or designated health care surrogate, to accept performance of delegated tasks, including medication administration, by a home health aide or CNA, prior to services being provided.  The consent must be maintained in the patient’s medical record and must contain the following:

(a) Name of the patient;

(b) The task(s) being performed;

(c) The time frame for the delegation of the task(s);

(d) The nature of the supervision required; and

(e) Signature of the patient, or the patient’s guardian, legal representative, or designated health care surrogate.

(7) The home health agency must maintain documentation that the home health aide or CNA has completed a medication administration course and is currently validated in accordance with Rule 59A-8.0097, F.A.C.

(8) Pursuant to section 464.0156, F.S., a registered nurse may not delegate tasks that:

(a) Are not within the delegating or supervising nurse’s scope of practice.

(b) Require the use of the nursing process including assessment, diagnosis, planning, implementation and evaluation.

(c) Require the knowledge, judgment or skills of a licensed health care professional.

Rulemaking Authority 400.489, 464.0156, 464.2035 FS. Law Implemented 400.489, 400.490, 464.0156, 464.2035 FS. History–New 5-24-23.