(a) A registered nurse performing a client assessment required under § 161.093, or a registered nurse or licensed vocational nurse training an unlicensed person or determining whether an unlicensed person is competent to perform administration of medication under § 161.093, may be held accountable or civilly liable only in relation to whether the nurse properly:
(1) performed the assessment;
(2) conducted the training; and
(3) determined whether the unlicensed person is competent to provide administration of medication to clients.
(b) The Texas Board of Nursing may take disciplinary action against a registered nurse or licensed vocational nurse under this subchapter only in relation to whether:
(1) the registered nurse properly performed the client assessment required by § 161.093;
(2) the registered nurse or licensed vocational nurse properly trained the unlicensed person in the administration of medication; and
(3) the registered nurse or licensed vocational nurse properly determined whether an unlicensed person is competent to provide administration of medication to clients.

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Terms Used In Texas Human Resources Code 161.095

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) A registered nurse or licensed vocational nurse may not be held accountable or civilly liable for the acts or omissions of an unlicensed person performing administration of medication.