Texas law lets certain nursing tasks be provided by someone who is not a registered nurse (RN) without the nurse telling someone to perform them. When the nurse tells someone to perform a nursing task it is called delegation.

If you choose to use this option, you or your legally authorized representative must be able to train this person and you must supervise him or her. The law can be found in the Texas Administrative Code.

Any task can be delegated to someone who is not an RN as long as the Texas Board of Nursing does not prohibit it from being delegated.

The Texas Department of Aging and Disability Services has updated two forms that must be used if you choose to use an unlicensed person to perform nursing tasks. If you have any questions about these forms, ask your consumer directed services agency (CDSA).

Form 1733, Employer and Employee Acknowledgement of Exemption from Nursing Licensure for Certain Services Delivered through CDS, is used for these programs:

  • Community Living Assistance and Support Services (CLASS)
  • Deaf-Blind Multiple Disability Program (DBMD)
  • Medically Dependent Children Program (MDCP)
  • Home and Community-based Services (HCS)
  • Texas Home Living Program (TxHmL)

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