Delegation of nursing care by a responsible caregiver

(1) As used in this section: (a) "Patient" means an individual who is receiving nursing care from a responsible caregiver. (b) "Responsible caregiver" means a patient's spouse, adult child, parent, foster parent, or legal guardian who is primarily responsible for providing nursing care to the patient. (c) "Unlicensed direct care worker" means any unlicensed individual, regardless of title, who is 18 years of age or older and to whom a responsible caregiver delegates under this section. (2) A responsible caregiver may delegate to an unlicensed direct care worker the performance of nursing care for a patient if: (a) the nursing care is provided to the patient at the residence in which the patient and responsible caregiver regularly reside; (b) the patient's condition is stable; (c) the responsible caregiver routinely provides the nursing care for the patient; (d) the nursing care is considered routine care for the patient; and (e) performance of the nursing care: (i) poses little potential hazard for the patient; and (ii) is generally expected to produce a predictable outcome for the patient. (3) Before an unlicensed direct care worker may perform nursing care delegated under Subsection (2), the responsible caregiver shall train the unlicensed direct care worker to perform the nursing care and verify the unlicensed direct care worker is able to competently perform the nursing care for the patient after training is complete.