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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5123-6 | Performance of Health-Related Activities and Administration of Prescribed Medication

 
 
 
Rule
Rule 5123-6-06 | Qualifications, training, and certification of developmental disabilities personnel who perform health-related activities and administer prescribed medication.
 

(A) Eligibility to take a training program required to perform health-related activities and administer prescribed medication

(1) To be eligible to take a training program described in paragraph (B) of this rule, developmental disabilities personnel shall:

(a) Be at least eighteen years of age;

(b) Hold a high school diploma or general education development certificate; and

(c) Be able to read, write, and understand English at a level sufficient to comply with all requirements set forth in administrative rules governing the services provided.

(2) Prior to permitting developmental disabilities personnel to enroll in a training program described in paragraph (B) of this rule, the registered nurse trainer shall, as applicable:

(a) Secure an attestation from the employer of developmental disabilities personnel that the developmental disabilities personnel has been subject to a background check conducted in accordance with rule 5123-2-02 of the Administrative Code; or

(b) Verify that the developmental disabilities personnel holds independent provider certification issued by the department.

(B) Training programs for developmental disabilities personnel

(1) Health-related activities and prescribed medication administration training program

(a) A health-related activities and prescribed medication administration training program provided pursuant to this rule, to prepare developmental disabilities personnel to perform health-related activities, administer oral prescribed medication, administer topical prescribed medication, administer topical over-the-counter musculoskeletal medication, and administer oxygen and metered dose inhaled medication, shall be at a minimum a fourteen-hour course; one hour equals sixty minutes of classroom instruction. Relevant agency-specific and/or facility-specific material may be added to the department-approved curriculum described in paragraph (B)(1)(c) of this rule only with additional corresponding classroom instruction time beyond the fourteen-hour course.

(b) The department may authorize a registered nurse trainer to provide a portion of the health-related activities and prescribed medication administration training program by audio-visual distance learning. The department's authorization will be based upon review and approval of a training program syllabus and supporting documentation submitted by the registered nurse trainer that demonstrate the audio-visual distance learning meets the following requirements:

(i) The registered nurse trainer will develop a syllabus that:

(a) Outlines specific content and number of hours of the training program to be conducted by audio-visual distance learning and by in-person classroom instruction;

(b) Describes methods for providing students with training manuals and materials;

(c) Reflects incorporation of evidence-based principles of adult learning in the instructional design;

(d) Includes interactive learning activities to achieve student engagement with the registered nurse trainer and other students;

(e) Describes methods to be used by the registered nurse trainer to verify student comprehension of information and skills;

(f) Sets forth that a student will complete the return demonstration of proficiency described in paragraph (D)(1)(c) of this rule, the written examination described in paragraph (D)(1)(d) of this rule, and the evaluation of the training program described in paragraph (D)(1)(e) of this rule during the in-person classroom instruction portion of the training program; and

(g) Provides sufficient detail to demonstrate how the requirements set forth in paragraphs (B)(1)(b)(ii) and (B)(1)(b)(iii) of this rule will be met.

(ii) Audio-visual distance learning will be conducted using conferencing software that provides for:

(a) Two-way audio and video interactive capability by all participants;

(b) All participants to see one another including each participant's face and upper body from the desktop and above;

(c) The registered nurse trainer to share and present materials on screen;

(d) A private chat feature that enables a student to chat with the registered nurse trainer and ask questions if muted;

(e) Authenticated log-on by participants;

(f) An enabled waiting room so that the registered nurse trainer controls admission of students;

(g) The registered nurse trainer to track a student's attendance and presence in the meeting room;

(h) Prevention of anyone other than the registered nurse trainer from recording the training program; and

(i) The registered nurse trainer to control and disable a student's audio and video capability and remove a student when necessary.

(iii) The registered nurse trainer is responsible for ensuring:

(a) A student's video monitor is large enough to allow clear visualization of the registered nurse trainer, the presented materials, and demonstrations. Neither a student nor the registered nurse trainer is permitted to participate in the audio-visual distance learning via a hand-held cellular telephone.

(b) The class size is such that the registered nurse trainer clearly visualizes each student on the registered nurse trainer's video monitor.

(c) A student experiencing technical difficulties with the audio-visual conferencing software is not considered in attendance for that portion of the training program.

(c) The health-related activities and prescribed medication administration training program shall address:

(i) A review of an individual's right to self-administer medication, self-administer medication with assistance, and participate in steps of medication administration when not able to self-administer medication or self-administer medication with assistance.

(ii) Concepts of person-centered planning relevant to an individual's consent or refusal of prescribed medication.

(iii) Universal precautions for infection control. The registered nurse trainer may waive the universal precautions for infection control instruction material and instruction time of the program if the developmental disabilities personnel can document training on that topic within the previous year.

(iv) A review of applicable federal and state drug laws and rules.

(v) Information and instruction on the concepts underlying each step for correctly administering oral prescribed medication, administering topical prescribed medication, administering topical over-the-counter musculoskeletal medication, and administering oxygen and metered dose inhaled medication according to current standards of safe practice, procedures, and techniques.

(vi) Information and instruction to train the developmental disabilities personnel to administer the right medication, at the right dose, to the right individual, by the right route, at the right time and with the right documentation.

(vii) Written step-by-step directions on how to administer oral prescribed medication, administer topical prescribed medication, administer topical over-the-counter musculoskeletal medication, and administer oxygen and metered dose inhaled medication.

(viii) Instruction in the administration of oxygen as prescribed by a licensed health professional authorized to prescribe drugs.

(ix) Instruction in safe storage and transport of oxygen.

(x) Instruction in the use of pulse oximetry to accurately record an individual's oxygen saturation as prescribed by a licensed health professional authorized to prescribe drugs.

(xi) Instruction in the use of continuous positive airway pressure machines, including biphasic positive airway machines, for the delivery of continuous positive airway pressure to treat obstructive sleep apnea or sleep-related hypoventilation as prescribed by a licensed health professional authorized to prescribe drugs.

(xii) Instruction in the application of percussion vests to promote airway secretion clearance as prescribed by a licensed health professional authorized to prescribe drugs.

(xiii) Instruction in the use of cough assist devices and insufflators to promote the removal of airway secretions in those with respiratory muscle weakness as prescribed by a licensed health professional authorized to prescribe drugs.

(xiv) Instruction in the use of metered dose inhaled medication administered by a hand-held dispenser and the use of an aerosol nebulizer to administer a pre-measured medication for the treatment of asthma or other respiratory condition as prescribed by a licensed health professional authorized to prescribe drugs.

(xv) Information and instruction in responsibility of developmental disabilities personnel for following the step-by-step procedures for administration of all medication and performance of health-related activities and completing additional training before attempting any action for which the developmental disabilities personnel is not competent.

(xvi) Information and instruction in responsibility of developmental disabilities personnel for knowing the purpose of medication and health-related activities being performed or administered and facilitating the reporting of problems, including lack of effectiveness and potential side effects, to a healthcare professional.

(xvii) Instruction in quality measures, including but not limited to, procedures for reporting and documenting medication/treatment errors that may occur when performing health-related activities, administering oral prescribed medication, administering topical prescribed medication, administering topical over-the-counter musculoskeletal medication, and administering oxygen and metered dose inhaled medication.

(xviii) Procedures to be followed in case of medication emergency including when, why, and how to contact the employer of developmental disabilities personnel or designee, a healthcare professional, or the supervising licensed nurse when medication is administered or a nursing task is performed pursuant to nursing delegation.

(xix) Information about what developmental disabilities personnel may be authorized to perform with respect to administering oral prescribed medication, administering topical prescribed medication, administering topical over-the-counter musculoskeletal medication, or administering oxygen and metered dose inhaled medication.

(xx) Limitations with respect to "as needed" (or "PRN") prescribed medication, which state that developmental disabilities personnel shall not administer a prescribed medication ordered by a physician or other licensed health professional authorized to prescribe drugs when the prescribed medication is to be administered as needed, unless the order is written with specific parameters which preclude independent judgment.

(xxi) Limitations with respect to over-the-counter medication which include the need for a prescription from a licensed health professional authorized to prescribe drugs to administer all over-the-counter medication not authorized for administration by developmental disabilities personnel pursuant to section 5123.42 of the Revised Code.

(xxii) The requirement for specialized training pursuant to this rule for the administration of topical over-the-counter medication for the purpose of cleaning, protecting, or comforting the skin, hair, nails, teeth, or oral surfaces.

(xxiii) Instruction in the use of topical over-the-counter musculoskeletal medication.

(xxiv) Information about what developmental disabilities personnel are prohibited from administering, which includes but is not limited to:

(a) An intramuscular injection;

(b) An intravenous injection;

(c) A subcutaneous injection, except a subcutaneous injection of insulin or prescribed medication for the treatment of metabolic glycemic disorders, provided the developmental disabilities personnel are trained and hold subcutaneous injection by nursing delegation certification in accordance with this rule and the subcutaneous injection of insulin or prescribed medication for the treatment of metabolic glycemic disorders is delegated to a specific person by a licensed nurse pursuant to section 5123.42 of the Revised Code and this chapter;

(d) Any prescribed medication administered through a nasogastric tube or an unstable or unlabeled gastrostomy tube or an unstable or unlabeled jejunostomy tube; and

(e) Any debriding agent used in the treatment of a skin condition or minor abrasion.

(xxv) Instruction in the use of commercially packaged rectal diazepam gel for the treatment of epilepsy as prescribed by a licensed health professional authorized to prescribe drugs.

(xxvi) Instruction in the use of commercially packaged glucagon for the treatment of hypoglycemia as prescribed by a licensed health professional authorized to prescribe drugs. Teaching must be completed and nursing delegation must be in place prior to administration of glucagon.

(xxvii) Instruction in potential drug reactions, including known side effects, interactions, and the proper course of action if a side effect occurs, and sources for prescribed medication information (such as pharmacist, physician, nurse, or poison control center).

(xxviii) The requirements for documentation of prescribed medication administered, missed, held, or refused to, by, or for each individual.

(xxix) The definition of a medication/treatment error and requirements for documentation and notification of unusual incidents and major unusual incidents related to medication/treatment errors.

(xxx) Information regarding the appropriate and secure storage and care of prescribed medication.

(xxxi) Instruction that in settings where developmental disabilities personnel are administering prescribed medication, with or without nursing delegation, medication may be administered only from pharmacy-labeled or manufacturer-labeled containers and only by the person who prepared the dosage from those containers.

(xxxii) Information and instruction about who may receive and who may transcribe physician orders and prescriptions into a prescribed medication administration record or treatment administration record specific to each category pursuant to rule 5123:2-6-03 of the Administrative Code.

(xxxiii) Performance of a successful return demonstration for each route of prescribed medication administration in which developmental disabilities personnel are trained.

(xxxiv) Performance of a successful return demonstration for each health-related activity in which developmental disabilities personnel are trained.

(xxxv) Information that health-related activities are performed only pursuant to nursing delegation except for individuals:

(a) Receiving family support services or services from certified supported living providers, if the services are offered or provided pursuant to Chapter 5123. or Chapter 5126. of the Revised Code;

(b) Receiving residential support services from certified home and community-based services providers, if the services are received in a community living arrangement that includes no more than four individuals;

(c) Residing in a residential facility with five or fewer beds; or

(d) Receiving adult day services in a setting where services are provided to sixteen or fewer individuals.

(xxxvi) Information and instruction on the concepts underlying each step for performing health-related activities according to current standards of safe practice, including instruction in the correct and safe practices, procedures, and techniques for performing health-related activities.

(xxxvii) Instruction in the usual parameters of health-related activities and instruction in the course of action to be taken when parameters of health-related activities are above or below those taught.

(xxxviii) Completion of written examination pursuant to paragraph (D)(1)(d) of this rule.

(xxxix) Requirements for individual-specific training which shall occur after certification and prior to administration of prescribed medication or performance of health-related activities. The employer of developmental disabilities personnel, the delegating nurse, or the county board shall ensure that developmental disabilities personnel receive individual-specific training.

(2) Prescribed medication through feeding tube by nursing delegation training program

(a) A prescribed medication through feeding tube by nursing delegation training program provided pursuant to this rule to prepare developmental disabilities personnel to administer prescribed medication through stable labeled gastrostomy and jejunostomy tubes shall be at a minimum a four-hour course and shall be in addition to the health-related activities and prescribed medication administration training program described in paragraph (B)(1) of this rule; one hour equals sixty minutes of classroom instruction. Relevant agency-specific and/or facility-specific material may be added to the department-approved curriculum described in paragraph (B)(2)(b) of this rule only with additional corresponding classroom instruction time beyond the four-hour course. Developmental disabilities personnel shall successfully complete the health-related activities and prescribed medication administration training program described in paragraph (B)(1) of this rule prior to participating in the prescribed medication through feeding tube by nursing delegation training program.

(b) The prescribed medication through feeding tube by nursing delegation training program shall address:

(i) Correct and safe practices, procedures, and techniques for administering prescribed medication through stable labeled gastrostomy and jejunostomy tubes, including possible signs and symptoms of gastrostomy or jejunostomy tube malfunction or tube problems, complication or intolerance of prescribed medication by the individual, and appropriate response to a gastrostomy or jejunostomy tube that becomes dislodged.

(ii) Requirements for documentation of prescribed medication administered, missed, held, or refused to, by, or for each individual through stable labeled gastrostomy or jejunostomy tube.

(iii) Requirements for documentation and notification of prescribed medication errors through stable labeled gastrostomy or jejunostomy tube.

(iv) Information regarding the proper storage, care, and preparation of prescribed medication to be administered through stable labeled gastrostomy or jejunostomy tube.

(v) Information regarding the proper storage and care of gastrostomy and jejunostomy tubes.

(vi) Requirements for nursing delegation of prescribed medication administration through stable labeled gastrostomy and jejunostomy tubes.

(vii) Instruction that only the delegating nurse shall receive prescriptions for prescribed medication to be administered through stable labeled gastrostomy or jejunostomy tube and only the delegating nurse shall transcribe these prescriptions into a prescribed medication administration record or treatment administration record.

(viii) Performance of successful return demonstration of proficiency in administering prescribed medication through stable labeled gastrostomy and jejunostomy tubes.

(ix) Completion of written examination pursuant to paragraph (D)(1)(d) of this rule.

(x) Requirements for individual-specific training which shall occur after certification and prior to administration of prescribed medication through stable labeled gastrostomy or jejunostomy tube. The delegating nurse shall be responsible for the individual-specific training.

(3) Subcutaneous injection by nursing delegation training program

(a) A subcutaneous injection by nursing delegation training program provided pursuant to this rule to prepare developmental disabilities personnel to administer subcutaneous injection of insulin and prescribed medication for the treatment of metabolic glycemic disorders by nursing delegation shall be a minimum a four-hour course and shall be in addition to the health-related activities and prescribed medication administration training program described in paragraph (B)(1) of this rule; one hour equals sixty minutes of classroom instruction. Relevant agency-specific and/or facility-specific material may be added to the department-approved curriculum described in paragraph (B)(3)(b) of this rule only with additional corresponding classroom instruction time beyond the four-hour course. Developmental disabilities personnel shall successfully complete the health-related activities and prescribed medication administration training program described in paragraph (B)(1) of this rule prior to participating in the subcutaneous injection by nursing delegation training program.

(b) The subcutaneous injection by nursing delegation training program shall address:

(i) Information on the basic pathophysiology of metabolic glycemic disorders.

(ii) Correct and safe practices, procedures, and techniques for administering subcutaneous injections, possible signs and symptoms of subcutaneous injection complication, and instruction in safe handling and disposal of sharps.

(iii) The requirements for documentation of subcutaneous injections administered, missed, held, or refused to, by, or for each individual.

(iv) Requirements for documentation and notification of subcutaneous injection errors.

(v) Information regarding the proper storage, care, and preparation of insulin or prescribed medication for treatment of metabolic glycemic disorders to be administered by subcutaneous injection.

(vi) Signs and symptoms of hypoglycemia and hyperglycemia and procedure for intervention and notification of nurse, physician, or emergency medical services.

(vii) Instruction in the use of commercially packaged glucagon for the treatment of hypoglycemia as prescribed by a licensed health professional authorized to prescribe drugs. Teaching must be completed and nursing delegation must be in place prior to administration of glucagon.

(viii) Instruction that only a licensed nurse shall transcribe a prescription for insulin or prescribed medication for treatment of metabolic glycemic disorders on to a prescribed medication administration record.

(ix) Performance of successful return demonstration of proficiency in administering subcutaneous injections.

(x) Completion of written examination pursuant to paragraph (D)(1)(d) of this rule.

(xi) Requirements for nursing delegation of subcutaneous injections of insulin and prescribed medication for the treatment of metabolic glycemic disorders.

(xii) Requirements for individual-specific training which shall occur after certification and prior to administration of subcutaneous injections of insulin and prescribed medication for the treatment of metabolic glycemic disorders. The delegating nurse shall be responsible for the individual-specific training.

(C) Requirements for training programs

(1) The health-related activities and prescribed medication administration training program, the prescribed medication through feeding tube by nursing delegation training program, and the subcutaneous injection by nursing delegation training program shall be planned, developed, and delivered by a registered nurse trainer certified by the department in accordance with rule 5123:2-6-04 of the Administrative Code. The registered nurse trainer shall ensure that training programs are conducted in accordance with requirements set forth in this chapter.

(2) A registered nurse trainer shall use only a department-approved curriculum for the health-related activities and prescribed medication administration training program, the prescribed medication through feeding tube by nursing delegation training program, or the subcutaneous injection by nursing delegation training program.

(3) A registered nurse trainer shall personally conduct the majority of a training program but may utilize other licensed health professionals to assist with conducting the training program as long as the other licensed health professionals have received instruction on the material and are acting within their professional scope of practice as outlined in the Revised Code.

(D) Initial certification of developmental disabilities personnel

(1) To receive initial certification in health-related activities and prescribed medication administration, prescribed medication through feeding tube by nursing delegation, or subcutaneous injection by nursing delegation, developmental disabilities personnel shall:

(a) Attend the entire applicable training program.

(b) Actively participate in the training program class discussions and activities.

(c) Successfully perform a return demonstration of proficiency.

(d) Complete the closed book final written examination for the training program with a score of at least eighty per cent. Developmental disabilities personnel scoring less than eighty per cent on the final written examination shall retake the training program in its entirety to be eligible to retake the final written examination. The final written examination developed and maintained by the department shall be the only final written examination used.

(e) Complete and submit to the registered nurse trainer the evaluation of the training program.

(2) Certification in health-related activities and prescribed medication administration is a prerequisite for certification in prescribed medication through feeding tube by nursing delegation or certification in subcutaneous injection by nursing delegation.

(3) The registered nurse trainer shall ensure developmental disabilities personnel meet all requirements for initial certification before indicating so in the medication administration information system database.

(E) Maintenance of developmental disabilities personnel certification

(1) To maintain certification in health-related activities and prescribed medication administration, prescribed medication through feeding tube by nursing delegation, or subcutaneous injection by nursing delegation, developmental disabilities personnel shall annually complete continuing education that will enhance the role of developmental disabilities personnel who have completed the training program as determined by the registered nurse trainer. Developmental disabilities personnel shall provide documentation of completion of the required continuing education to the registered nurse trainer.

(a) To maintain certification in health-related activities and prescribed medication administration, developmental disabilities personnel shall annually complete at least two hours of continuing education that relates to the information taught in the health-related activities and prescribed medication administration training program (as determined by the registered nurse trainer) and perform a successful return demonstration of skills.

(b) To maintain certification in prescribed medication through feeding tube by nursing delegation, developmental disabilities personnel shall annually complete at least one hour of continuing education that relates to the information taught in the prescribed medication through feeding tube by nursing delegation training program (as determined by the registered nurse trainer) and perform a successful return demonstration of skills. The continuing education required in this paragraph is in addition to the two hours of continuing education required for health-related activities and prescribed medication administration certification and, if applicable, the one hour of continuing education required for subcutaneous injection by nursing delegation certification.

(c) To maintain certification in subcutaneous injection by nursing delegation, the developmental disabilities personnel shall annually complete at least one hour of continuing education that relates to the information taught in the subcutaneous injection by nursing delegation training program (as determined by the registered nurse trainer) and perform a successful return demonstration of skills. The continuing education required in this paragraph is in addition to the two hours of continuing education required for health-related activities and prescribed medication administration certification and, if applicable, the one hour of continuing education required for prescribed medication through feeding tube by nursing delegation certification.

(2) Training in cardiopulmonary resuscitation, first aid, activation of a vagus nerve stimulator, use of an epinephrine auto-injector, administration of topical over-the-counter medication, or universal precautions for infection control shall not count toward continuing education required by paragraph (E)(1)(a), (E)(1)(b), or (E)(1)(c) of this rule.

(3) Maintaining certification in health-related activities and prescribed medication administration is required to maintain certification in prescribed medication through feeding tube by nursing delegation and certification in subcutaneous injection by nursing delegation.

(4) When developmental disabilities personnel fail to complete the required continuing education and return demonstration of skills by the annual certification expiration date, the certification of the developmental disabilities personnel shall be temporarily inactive for a maximum period of sixty calendar days, during which time the developmental disabilities personnel shall complete the required continuing education and return demonstration of skills. If the developmental disabilities personnel fail to complete the required continuing education and return demonstration of skills within the sixty-day suspension period, the developmental disabilities personnel shall be required to repeat each training program in its entirety to become recertified.

(5) While the certification of developmental disabilities personnel is temporarily inactive in accordance with paragraph (E)(4) of this rule, the developmental disabilities personnel shall not:

(a) Perform health-related activities;

(b) Administer oral prescribed medication;

(c) Administer topical prescribed medication;

(d) Administer topical over-the-counter musculoskeletal medication;

(e) Administer oxygen or metered dose inhaled medication;

(f) Administer prescribed medication through gastrostomy or jejunostomy tubes;

(g) Receive nursing delegation to administer prescribed medication through gastrostomy or jejunostomy tubes;

(h) Administer prescribed insulin through subcutaneous injection, inhalation, or insulin pump;

(i) Receive nursing delegation to administer prescribed insulin through subcutaneous injection, inhalation, or insulin pump;

(j) Administer prescribed medication for the treatment of metabolic glycemic disorders through subcutaneous injection; or

(k) Receive nursing delegation to administer prescribed medication for the treatment of metabolic glycemic disorders through subcutaneous injection.

(6) The registered nurse trainer shall ensure developmental disabilities personnel meet all requirements for renewal certification before indicating so in the medication administration information system database.

(F) For adequate reasons and when requested in writing, the director may waive a condition or specific requirement of this rule. Approval to waive a condition or specific requirement shall not be contrary to the rights, health, or safety of individuals served. The decision to grant or deny a rule waiver is final and may not be appealed.

(G) The standards established by the Ohio board of nursing under Chapter 4723-13 of the Administrative Code shall apply when an unlicensed person is performing delegable nursing tasks that are not defined as health-related activities.

Supplemental Information

Authorized By: 5123.04, 5123.42, 5123.43, 5123.45, 5123.46
Amplifies: 5123.04, 5123.41 to 5123.47
Five Year Review Date: 1/14/2026
Prior Effective Dates: 5/16/1994 (Emer.), 6/1/2016
Rule 5123-6-07 | General provisions and compliance for performance of health-related activities and administration of prescribed medication.
 

(A) Medication administration information system database

(1) The department shall operate and maintain the medication administration information system database of registered nurse instructors and registered nurse trainers holding valid certification issued in accordance with rule 5123:2-6-04 of the Administrative Code and developmental disabilities personnel holding valid certification issued in accordance with rule 5123:2-6-06 of the Administrative Code in health-related activities and prescribed medication administration, prescribed medication through feeding tube by nursing delegation, and subcutaneous injection by nursing delegation.

(2) The department shall provide read and write access to the medication administration information system database to all registered nurse instructors. Each registered nurse instructor shall enter in the database initial information about each person he or she trained to be a registered nurse trainer in accordance with rule 5123:2-6-04 of the Administrative Code.

(3) The department shall provide read and write access to the medication administration information system database to all registered nurse trainers. Each registered nurse trainer shall enter in the database current information about developmental disabilities personnel he or she trained in accordance with rule 5123:2-6-06 of the Administrative Code at the time of certification and recertification of the developmental disabilities personnel.

(4) Each registered nurse trainer shall enter in the medication administration information system database, information about himself or herself at the time of recertification and thereafter, within sixty calendar days of any change of information. Each registered nurse trainer shall enter information required for renewal of his or her registered nurse trainer certification prior to expiration of the certification.

(5) The department shall provide read only access to the medication administration information system database to the public.

(B) Documentation of performance of health-related activities and administration of prescribed medication by developmental disabilities personnel

(1) All prescribed medication administered pursuant to this chapter shall be administered according to the written directions of a licensed health professional authorized to prescribe drugs and according to the training received by developmental disabilities personnel in accordance with rule 5123:2-6-06 of the Administrative Code.

(2) Performance of health-related activities and administration of prescribed medication and treatments shall be documented in a medication/treatment administration record indicating the completion of prescribed orders, including the signature or initials of the developmental disabilities personnel administering the prescribed medication or treatment, date, time, and when appropriate, observations or difficulties noted. This written documentation is required for all prescribed medication and treatments performed, administered, missed, held, or refused, including:

(a) Routine and as-needed prescribed medication and treatments;

(b) Health-related activities; and

(c) Subcutaneous injections of insulin and prescribed medication for the treatment of metabolic glycemic disorders.

(3) Medication/treatment administration records shall include at a minimum:

(a) Name of individual served;

(b) All allergies of individual served;

(c) Day, month, and year of documentation;

(d) Name of drug or treatment;

(e) Complete dosage and frequency of prescribed medication;

(f) Route of prescribed medication administration;

(g) Scheduled/prescribed time or intervals for administration;

(h) Any special instructions regarding each medication administration or treatment as provided by the pharmacy, physician, or prescriber; and

(i) Parameters provided by the physician or licensed health professional for ordered health-related activities.

(4) The employer of developmental disabilities personnel shall maintain a means of identifying signatures and initials of developmental disabilities personnel making entries in the medication/treatment administration record. Identification shall be included in the medication/treatment administration record or by using a separate master signatures/initials log.

(5) Certified developmental disabilities personnel transcribing any information in a medication/treatment administration record or checking the accuracy of information transcribed in the medication/treatment administration record shall document when transcription and/or check has been completed, including date, time, and signature or initials.

(a) Only a licensed nurse or developmental disabilities personnel with health-related activities and prescribed medication administration certification may transcribe information in a medication/treatment administration record or check the accuracy of information transcribed in the medication/treatment administration record.

(b) Checking the accuracy of transcriptions shall include:

(i) Verifying changes are transcribed as specified by the prescriber;

(ii) Verifying special instructions are indicated as instructed by pharmacy or prescriber directives; and

(iii) Ensuring the availability of equipment and/or supplies required to administer medication or perform the task in the setting.

(6) With any change to medication and/or treatment orders, the employer of developmental disabilities personnel or delegating nurse shall ensure the medication/treatment administration record has been checked.

(7) Employers of developmental disabilities personnel and independent providers shall ensure documentation, including the date, time, and signature or initials of certified developmental disabilities personnel who sign the medication/treatment administration record is completed in accordance with this rule.

(C) Requirements for developmental disabilities personnel to report medication/treatment errors

(1) Any medication/treatment error by developmental disabilities personnel in the performance of health-related activities, administration of oral prescribed medication, or administration of topical prescribed medication that results in physical harm to the individual shall be immediately reported to an appropriate licensed health care professional. The requirement to immediately report medication/treatment errors applies to errors involving prescribed medication, treatments, over-the-counter medication, and health-related activities.

(2) Any medication/treatment error by developmental disabilities personnel shall be reported in accordance with rule 5123-17-02 of the Administrative Code when the medication/treatment error meets the definition of major unusual incident or unusual incident.

(3) All medication/treatment errors shall be documented in an unusual incident report in accordance with rule 5123-17-02 of the Administrative Code. Developmental disabilities personnel who observe, identify, or become aware of a medication/treatment error shall report to the delegating nurse and/or supervisory staff immediately in accordance with the employer's written policy and procedure.

(4) The employer of developmental disabilities personnel shall train developmental disabilities personnel in accordance with the employer's written policy and procedure that medication/treatment errors and related plans of prevention shall be documented in an unusual incident report.

(D) Compliance and quality assessment

(1) Each county board shall employ or enter into a contract with a registered nurse instructor or a registered nurse trainer who will serve as a quality assessment registered nurse to assist with consultation and quality assessment oversight.

(2) Quality assessment reviews shall be conducted when certified developmental disabilities personnel perform health-related activities, administer oral prescribed medication, administer topical prescribed medication, administer topical over-the-counter musculoskeletal medication, administer oxygen, or administer metered dose inhaled medication for individuals who:

(a) Receive services from certified supported living providers;

(b) Receive residential support services from certified home and community-based services providers, if the services are received in a community living arrangement that includes not more than four individuals;

(c) Receive adult services in a setting where sixteen or fewer individuals receive services; and

(d) Reside in residential facilities of five or fewer beds, excluding intermediate care facilities for individuals with intellectual disabilities.

(3) The quality assessment registered nurse shall complete quality assessment reviews so that a review of each provider location in the county where certified developmental disabilities personnel perform health-related activities, administer oral prescribed medication, administer topical prescribed medication, administer topical over-the-counter musculoskeletal medication, administer oxygen, or administer metered dose inhaled medication is conducted at least once every three years. The quality assessment registered nurse may conduct more frequent reviews if the quality assessment registered nurse, county board, provider, or department determines there are issues to warrant such.

(4) Quality assessment reviews shall be completed in a format prescribed by the department.

(5) Quality assessment reviews shall include, but are not limited to:

(a) Observation of performance of health-related activities and administration of prescribed medication;

(b) Review of the system of communication and supports related to performance of health-related activities and administration of prescribed medication for the provider location being assessed to ensure complete and accurate administration of health care directives given by health care professionals for the individuals being served at the provider location;

(c) Review of documentation of performance of health-related activities and administration of prescribed medication for completeness of documentation and for documentation of appropriate actions taken based on parameters provided in the health-related activities and prescribed medication administration training program described in rule 5123:2-6-06 of the Administrative Code;

(d) Review of all medication/treatment errors from the past twelve months; and

(e) Review of the system of processes and procedures used by the employer of developmental disabilities personnel or independent provider to monitor and document completeness and correct techniques used during performance of health-related activities, administration of oral prescribed medication, and administration of topical prescribed medication.

(6) The quality assessment registered nurse shall evaluate for patterns of failure to comply or maintain compliance with this chapter.

(7) The quality assessment registered nurse shall provide a copy of the quality assessment review report to the county board and the provider of services within ten business days of the quality assessment review. The quality assessment review report shall identify findings specific to provisions of this chapter and may recommend to the county board and the provider of services steps to be taken to improve the systems and procedures used by the provider to support the functioning of the trained developmental disabilities personnel and suggestions for improving quality related to performance of health-related activities and administration of prescribed medication and maintaining compliance with this chapter.

(8) The quality assessment registered nurse shall maintain a copy of each quality assessment review he or she performs in accordance with paragraph (D)(3) of this rule.

(9) The quality assessment registered nurse shall coordinate with, as applicable, the county board, the employer of developmental disabilities personnel, or independent provider to ensure that safety concerns are immediately addressed.

(10) The employer of developmental disabilities personnel or the independent provider, as applicable, shall submit a written plan of improvement to the quality assessment registered nurse that addresses specific rule violations identified in the quality assessment review within thirty calendar days of receipt of the quality assessment review report.

(11) The quality assessment registered nurse shall notify the county board and the department when the employer of developmental disabilities personnel or the independent provider fails to:

(a) Submit a written plan of improvement within sixty calendar days of receipt of the quality assessment review report; or

(b) Successfully implement the written plan of improvement within sixty calendar days of submission of the plan to the quality assessment registered nurse.

(12) The quality assessment registered nurse shall act as a resource for the county board and providers of services concerning health management issues and may assist in expanding health care services in the community.

(E) Prohibition on performance of health-related activities and administration of prescribed medication by developmental disabilities personnel

(1) If an employer of developmental disabilities personnel believes or is notified by the county board, the department, a delegating nurse, or the quality assessment registered nurse that developmental disabilities personnel have not or will not safely perform health-related activities or administer prescribed medication, the employer shall prohibit the action from continuing or commencing. Developmental disabilities personnel shall not engage in the action or actions subject to an employer's prohibition.

(2) When the employer prohibits the action from continuing or commencing, the employer shall:

(a) Notify the developmental disabilities personnel of the prohibition and immediately make other staffing arrangements so that the needs of individuals served are met in a manner that ensures compliance with the requirements of this chapter;

(b) Immediately notify the department by making a notation regarding the prohibition of the developmental disabilities personnel in the medication administration information system database;

(c) If applicable, immediately notify the county board via the major unusual incident reporting system in accordance with rule 5123-17-02 of the Administrative Code; the county board, as applicable, shall notify the quality assessment registered nurse; and

(d) If applicable, immediately notify the delegating nurse.

(3) The employer shall ensure corrective action is taken prior to allowing the developmental disabilities personnel to resume the performance of health-related activities or the administration of prescribed medication.

(4) The employer shall notify the department by making an entry regarding the corrective action and end of prohibition of the developmental disabilities personnel in the medication administration information system database and, as applicable, the county board, the quality assessment registered nurse, and/or the delegating nurse of the corrective action taken.

(F) Denial, suspension, or revocation of certification issued under this chapter

(1) The department may deny, suspend, or revoke a certificate holder's certification issued under this chapter for good cause including:

(a) Misfeasance;

(b) Malfeasance;

(c) Nonfeasance;

(d) Substantiated abuse or neglect;

(e) A violation of sections 5123.41 to 5123.45 of the Revised Code or rules adopted under this chapter;

(f) The conviction or plea of guilty to a disqualifying offense as set forth in paragraph (E) of rule 5123-2-02 of the Administrative Code and the corresponding exclusionary period has not elapsed;

(g) Other conduct the department determines to be injurious to individuals being served; or

(h) The board of nursing has taken disciplinary action against a certificate holder under Chapter 4723. of the Revised Code.

(2) When denying, suspending, or revoking certification under this rule, the department shall comply with the notice and hearing requirements of Chapter 119. of the Revised Code and section 5123.452 of the Revised Code.

(G) Procedures for accepting complaints and conducting investigations

(1) Any complaint regarding the performance of health-related activities or administration of prescribed medication by developmental disabilities personnel pursuant to the authority granted under section 5123.42 of the Revised Code or compliance with rules adopted under this chapter shall be made to a county board or the department. This paragraph shall not be construed to allow developmental disabilities personnel, a representative of developmental disabilities personnel, or an employee organization as defined in Chapter 4117. of the Revised Code to make a complaint to a county board or the department regarding a personnel action.

(2) Any complaints related to the scope of nursing practice shall be referred to the Ohio board of nursing.

(3) Any complaints regarding registered nurses related to training of developmental disabilities personnel shall be referred to the department.

(4) When a quality assessment registered nurse receives a complaint or identifies concerns based on a quality assurance review conducted pursuant to paragraph (D) of this rule related to the performance or qualifications of developmental disabilities personnel, the quality assessment registered nurse shall conduct an initial investigation which shall include a discussion with the developmental disabilities personnel and his or her employer. After completing the initial investigation, the quality assessment registered nurse shall contact and work with the department's designee to ensure that the cases are handled in a consistent manner statewide.

(H) Immunity from liability

Developmental disabilities personnel who perform health-related activities or administer medication pursuant to the authority granted under section 5123.42 of the Revised Code and rule 5123:2-6-03 of the Administrative Code are not liable for any injury caused by performing the health-related activity or administering the medication when:

(1) The developmental disabilities personnel acted in accordance with the methods taught in training completed in compliance with section 5123.42 of the Revised Code and rules 5123:2-6-05 and 5123:2-6-06 of the Administrative Code; and

(2) The developmental disabilities personnel did not act in a manner that constitutes wanton or reckless misconduct.

(I) Authority of director to suspend provisions of this rule

During the COVID-19 state of emergency declared by the governor, the director may suspend quality assessment reviews described in paragraph (D) of this rule.

Supplemental Information

Authorized By: 5123.04, 5123.45, 5123.46
Amplifies: 5123.04, 5123.41 to 5123.47, 5126.36
Five Year Review Date: 11/19/2025
Prior Effective Dates: 8/6/1994, 10/22/2003 (Emer.), 11/6/2017