.21  Delegating Nurse.

A. The assisted living program shall have a current and signed agreement with a registered nurse for services of a delegating nurse and delegation of nursing tasks. If the delegating nurse is an employee of the assisted living program, the employee’s job description may satisfy this requirement.

B. The program shall maintain documentation that the delegating nurse has completed the mandatory training course developed by the Board of Nursing.

C. Duties. The delegating nurse shall:

(1) Be on-site to observe each resident at least every 45 calendar days;

(2) Be available on call at all times as required under this chapter or have a qualified alternate delegating nurse available on call; and

(3) Have the overall responsibility for:

(a) Managing the clinical oversight of resident care in the assisted living program;

(b) Issuing nursing or clinical orders, based upon the needs of residents;

(c) Reviewing the assisted living manager’s assessment of residents;

(d) Appropriate delegation of nursing tasks; and

(e) Notifying the Department:

(i) If the delegating nurse’s contract or employment with the assisted living program is terminated; and

(ii) Of the reason why the contract or employment was terminated.

D. If the delegating nurse is not available to perform any duties, there shall be a qualified alternate delegating nurse available to perform those duties.

E. When an assisted living manager fails to implement nursing or clinical orders without identifying alternatives to the care or service order, the delegating nurse shall notify the resident’s health care practitioner, the Department, and the resident, or, if applicable, the resident representative.