DELEGATION OF MEDICAL ACTION AUTHORITY OF DOCTORS TO NURSES IN HEALTH SERVICES IN EMERGENCY DEPARTMENTS: EMPIRICAL LEGAL

Purpose: This study aims to analyze the implementation of the delegation of authority of medical actions of doctors to nurses in the emergency department and explore the legal responsibility of the delegation of authority of medical actions of doctors to nurses in the emergency department in Indonesia.   Theoretical Fremework: Theoretically, this research is expected to contribute intellectually and academically to the enhancement of understanding of healthcare laws for healthcare practitioners, institutional leaders, and to provide a sense of security and protection in carrying out healthcare services functions to the community, especially in the provision of medical procedures at healthcare facilities. Additionally, it is expected to provide practical insights for the goverment, hospital directors, and health departments in order to improve healthcare services to the public and ensure legal protection for healthcare workers in carrying out their professional duties.   Method: The type of research method used is empirical legal research. Data primarily obtained from respondents using a list of questions (questionnaire) and direct interviews with the research object. In addition to that, it is also based on legal materials that are relevant to the discussion or problem being researched and other supplementary legal materials that can provide explanations.   Results: The delegation of medical action authority from doctors to nurses in healthcare services at emergency rooms is regulated in Article 290 of Law Number 17 of 2023 concerning Health. Medical and healthcare services, consisting of both mandatory delegation. The scope of work delegated through partnership must be clearly and specifically defined in writing within the authority delegation letter and adjusted according to the level of competence of the nurse. The doctor as the delegator and the nurse as the recipient of medical authority there are also responsibilities of the hospital, as well as the central and local governments, especially in meeting the national needs for medical and healthcare personnel. In handling medical dispute cases, law enforcement agencies must prioritize the mechanism of restorative justice. If no agreement is reached, the dispute is then taken over by the professional disciplinary board under the Ministry of Health to determine whether there has been any violation of professional discipline by medical and healthcare personnel.   Conclusions: 1) Delegation of authority for doctor’s medical actions to nurses in health services in emergency departments in Indonesia, regulated in Law No. 17 of 2023 concerning Health Article 290, Minister of Health Regulation No. 2052 of 2011 Article 23 and Minister of Health Decree No. HK.01.07-425 of 2020 concerning Nursing Professional Standards; 2) Responsibilities by doctors, nurses, and hospitals regarding the delegation of authority for doctors’ medical actions to nurses in health services in emergency departments must be carried out by laws.