During a busy shift, you assign a patient care task to a nursing assistant. Later, your supervisor questions whether the assistant was qualified to do it. Even if no patient was harmed, that decision could put your California nursing license at risk.
What makes a nursing task inappropriate to delegate?
The California Code of Regulations requires you to consider what tasks a staff member can legally perform. You must also consider their training and skills and supervise the care they provide.
Improper delegation may involve:
- Restricted tasks: Giving unlicensed staff duties that require a nursing license.
- Poor supervision: Failing to oversee the care you assign to others.
- Lack of training: Assigning tasks without checking a staff member’s training and skills.
Under the California Business and Professions Code, certain licensed health facilities cannot assign unlicensed personnel to perform nursing duties in place of registered nurses. These duties include assessing patients, giving medication and performing certain invasive procedures. However, some tasks may still be allowed under other California laws.
When can improper delegation lead to discipline?
The California Board of Registered Nursing (BRN) may investigate if your decision to assign a task raises concerns about patient safety or nursing standards.
Not every mistake leads to discipline. The outcome depends on what happened and how serious the violation was. The BRN may close the case, issue a citation or pursue formal charges that could result in probation, suspension or license revocation.
The board may also consider what led to the mistake and whether you have faced discipline before.
What if you face a complaint about improper delegation?
A complaint does not mean you broke nursing rules. Staff training records, supervision notes and workplace policies may help show what happened.
If you face a nursing license investigation, a licensing defense attorney can review the records, assess the claims against you and help you respond to the BRN. Legal guidance can help you understand the risks and prepare a response that addresses your license and career.
