Legal Issues Associated with Delegation
Delegation is a complicated process that requires critical thinking and ultimate accountability for patient care (Cipriano, 2010). Registered nurses have the authority to assign certain aspects of care to other qualified assistants. They, however, have to ensure they protect the safety, health, and welfare of the patient when delegating (Weydt, 2010). Ineffective delegation can lead to adverse patient outcomes and disciplinary action against staffs involved; it can be avoided by development of an intimate understanding of the legal aspects of delegation.
The legal aspects of delegation relate to the legal obligations and requirements on delegation. These issues are found within the legal definition of delegation as well as definition of the same within the scope of practice act for registered nurses (Cipriano, 2010). The first legal issue with regards to delegation is the legal authority to delegate. Nurses must understand their legal authority to delegate to other qualified persons. The legal authority to delegate is provided for by state laws and regulations. It also emanates from the provisions of a state’s nursing practice act (Currie, 2008). For instance, the scope of practice of registered nurses in most states defines the role of the registered nurses as “Assessment, nursing diagnosis, setting goals, planning care strategies, implementing care, delegating care to qualified others, supervising, evaluating, teaching, managing care, maintaining patient safety, collaborating with other health care members” (Currie, 2008).
Other legal aspects of delegation relate to the issues of responsibility and accountability. Although the law allows registered nurses to delegate to other qualified persons, they retain ultimate accountability for the tasks they delegate (Weydt, 2010). Therefore, registered nurses must be aware when delegating tasks that they have to answer not only for themselves but also for the delegatee. The other legal issue with regards to delegation relates to who can delegate and who can be delegated to (Currie, 2010). For instance, the law in the various states differs with respect to whether licensed practical nurses have authority to delegate tasks to nursing assistants. The last legal aspect with regards to delegation relates to what tasks can be delegated. The law and practice regulations provide guidance on which tasks can be delegated to licensed practical nurses and nurse assistants. Generally, tasks that can be delegated are those that fall within the job description, scope of practice, and competency of the delegatee (Currie, 2008).
Nurse managers can reduce the legal risks of delegation by educating their staffs and equipping them with delegations skills. Cipriano (2010) notes that although delegation is an essential skill, it is underdeveloped amongst nurses. In addition, it is a skill that is not emphasized on in most nursing education programs. To strengthen the delegation skills of their staffs, therefore, nurse managers need to educate staffs about the nurse practice act and organizational policies and regulations relating to delegation. In addition, they can arrange for simulation exercises on delegation for their staffs. Lastly, they can help develop the delegation knowledge and skills of staffs by assigning them to mentors and preceptors (Weydt, 2010).
Barriers to delegation include unhealthy attitudes, poor partnerships and communication, and lack of teamwork (Cipriano, 2010). Delegation depends on trust and mutual respect between the person delegating and the person being delegated to. Delegation can be construed as an invitation to participate in the provision of patient care. The way in which the delegate is asked to perform a task influences his or her willingness to carry out the task. Therefore, there must be healthy interpersonal relationships and open communication between the delegator and delegatee for delegation to be effective. Clear communication is also essential for successful delegation. The delegator must communicate in a concise manner the expectations and identify outcomes expected of the delegatee (Cipriano, 2010).
In summary, this paper has identified the legal issues related to delegation. These legal issues emanate from the law and state nursing practice act. They provide guidance on issues such as who can delegate tasks and accountability and responsibility for delegation. The paper has also identified ways in which nurse managers can reduce the legal risks of delegation. Lastly, it has described the barriers to effective delegation.
References
Currie, P. (2008). Delegation considerations for nursing practice. Critical Care Nursing, 28(5), 86-87.
Cipriano, P. (2010). Overview and summary: Delegation dilemmas: Standards and skills for practice. The Online Journal of Issues in Nursing, 15(2).
Potter, P., Deshields, T. & Kuhrik, M. (2010). Delegation practices between registered nurses and assistive personnel. Journal of Nursing Management, 18, 157-165.
Weydt, A. (2010). Developing delegation skills. The Online Journal of Issues in Nursing, 15(2).
