(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.

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.