14 Del. Admin. Code § 935-39.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 935-39.0 - Administration of Medication

39.1 A licensee shall ensure that only staff trained in Limited Lay Administration of Medications (LLAM) or health care providers, nurses, or other qualified medical health personnel administer medication to children in a facility or program.

39.2 A licensee shall follow the policies and procedures described in LLAM governing the use, storage, and administration or assistance with the self-administration of medications to children. These policies and procedures shall:

39.2.1 Identify those staff who may administer or assist with the self-administration of medications, in accordance with applicable State laws and regulations;

39.2.2 Prohibit the administration of psychotropic medications unless a physician determines that such medication is clinically indicated;

39.2.3 Prohibit the administration of medication for the convenience of a staff, or as a substitute for appropriate treatment services;

39.2.4 Require that an informed, written consent of the child's parent or referring agency is received and maintained on file before the administration of any medication;

39.2.5 Require the use of a Medication Administration Record (MAR) to document the administration of all medications and medication errors; and

39.2.6 Ensure that any known prescribed medication taken by a child is not changed, altered, or failed to be dispensed without first consulting a physician.

39.3 A licensee shall have, follow, and maintain a written schedule for each child receiving medications.

39.4 A licensee shall ensure that medications are in the original container, properly labeled, and stored in a secure locked area, or as needed, in a locked refrigerated area. Keys to the secure area shall be kept in a location that is inaccessible to children.

39.5 A licensee admitting children with prescribed psychotropic medication or with prescribed medication for chronic illness, such as diabetes or asthma, shall ensure that each of these children receive a monthly medical consult. This medical consult shall be conducted by a person licensed as a registered nurse or physician in Delaware and assigned responsibility for overseeing the assistance with medication. The medical consult shall be documented and include the following:

39.5.1 Review of the administration of the child's medication, including determining any problems in taking the medication and developing a plan to remedy those problems if needed;

39.5.2 Assess and monitor the child with regard to the impact of the medication, including whether the medication is having its desired effects and whether the child is experiencing undesired side-effects;

39.5.3 Provide a liaison between staff and the child's physician; and

39.5.4 Provide staff with instruction in the expected outcomes from each child's medication regime and the possible side effects of that medication.

14 Del. Admin. Code § 935-39.0

27 DE Reg. 599 (2/1/2024) (Final)