ORS 678.036: Liability of nurse supervising nursing assistants; liability when duties delegated.

(1) A nurse who is responsible for supervising nursing assistants shall not be considered to be supervising a nursing assistant who administers medication while the nurse is absent from the facility at which the administration occurs unless the nursing assistant is acting pursuant to specific instructions from the nurse or the nurse fails to leave instructions when the nurse should have done so. (2) A nurse who is responsible for supervising nursing assistants shall not be subject to an action for civil damages for the failure of a nursing assistant who administers medication to notify the nurse of any patient reaction to the medication perceived by the assistant. (3) A nurse who delegates the provision of nursing care to another person pursuant to ORS 678.150 shall not be subject to an action for civil damages for the performance of a person to whom nursing care is delegated unless the person is acting pursuant to specific instructions from the nurse or the nurse fails to leave instructions when the nurse should have done so. [1981 c.431 §2; 1987 c.369 §3; 2021 c.189 §2]