(1) The nursing assistant shall be accountable for their own individual actions in the delegation process. Nursing assistants following written delegation instructions from registered nurses performed in the course of their accurately written, delegated duties shall be immune from liability.

     (2) Nursing assistants shall not be subject to any employer reprisal or disciplinary action by the secretary for refusing to accept delegation of a nursing task based on patient safety issues. No community-based care setting as defined in RCW 18.79.260(3)(e), or in-home services agency as defined in RCW 70.127.010, may discriminate or retaliate in any manner against a person because the person made a complaint or cooperated in the investigation of a complaint.

[2003 c 140 § 6; 2000 c 95 § 2; 1998 c 272 § 11; 1997 c 275 § 6; 1995 1st sp.s. c 18 § 48.]

NOTES:

     Effective date -- 2003 c 140: See note following RCW 18.79.040.

     Findings -- Severability -- Effective date -- 1998 c 272: See notes following RCW 18.20.230.

     Conflict with federal requirements -- Severability -- Effective date -- 1995 1st sp.s. c 18: See notes following RCW 74.39A.030.