5122-30-28 Assistance with self-administration of medication in type 2 facilities.

(A) Personal care activities may include assisting residents with self-administration of medications. For children/adolescents the operator or staff shall assist with self administration or supervise the self administration of prescription medication to a child/adolescent only for whom the medication was prescribed and according to the prescribing physician's written instructions.

(1) Assistance with self-administration of medications may include any of the following staff actions:

(a) Reminding a resident when to take medication, and observing to ensure that the resident follows the directions on the container;

(b) Removing the resident's medication container from the locked area, and handing it to the resident. If the resident is unable to open the container, a staff person may open the container for the resident; and

(c) Assisting a physically impaired, but mentally alert resident, such as a resident with arthritis, cerebral palsy, or parkinson's disease, in removing oral or topical medication from containers and in consuming or applying the medication, upon request by or with the consent of the resident. If a resident is physically unable to place a dose of medication to his mouth without spilling it, the staff person may place the dose in a container and place the container to the mouth of the resident.

(2) The facility shall provide a central locked storage area for resident medications, and shall store medications for residents needing assistance with self-administration. Residents who do not require assistance with self-administration of medication shall store medications in individual locked personal storage areas or in the facility central storage area, at the discretion of the resident.

(a) All medications centrally stored by the facility shall be clearly labeled with the resident's name, the name of the medication, and instructions for use.

(b) All medications centrally stored by the facility that are no longer being used by the person for whom they were prescribed shall be promptly and safely destroyed in the presence of two staff persons. Records of medication destroyed shall be maintained.

(c) The facility shall keep a current written record of all medications prescribed for each resident as a part of the resident's emergency medical information.

(3) Residence in the facility shall not be contingent upon taking medications.

(4) Nothing stated herein shall be construed to require or permit assistance in self-administration of medications to be imposed upon a resident capable of performing this activity without assistance.

(5) Nothing stated herein shall be construed to abrogate or amend a resident's right to be free from unnecessary or excessive medication.

(B) Personal care services may include providing appropriate personal care, in agreement with the affiliating agency, such as providing aspirin, or cold remedies to residents for minor illnesses, such as colds, or flu. The facility may also provide appropriate personal care to residents with regard to self-care for conditions such as diabetes or arthritis, (e.g., assistance with determining insulin level, or providing over the counter arthritis medication).

(C) The facility shall not provide any physical health care activities for the treatment of a serious illness or disease, defined as skilled nursing care in accordance with section 3721.01(D) of the Revised Code. In the event of such serious illness or disease, provisions for necessary home health, visiting nurse, or similar services shall be made and monitored by the affiliating agency; similar provisions for non-mental health residents may be made by the facility with notification to the affiliating agency. Nothing stated herein shall be construed to permit the provision of skilled nursing care in the facility, nor shall any staff of the facility be delegated or accept responsibility for the provision of health care services or activities which require specialized expertise or training.

(D) The facility shall keep a current record of medical problems and allergies for each resident.

R.C. 119.032 review dates: 11/30/2011 and 11/30/2013
Promulgated Under: 119.03
Statutory Authority: 5119.22
Rule Amplifies: 5119.22
Prior Effective Dates: 5-10-1979, 5-1-1981, 10-14-1982, 1-1-2000