Md. Code Regs. 13A.15.11.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.15.11.04 - Medication Administration and Storage

A. Medication Administration.

(1) Medication, whether prescription or nonprescription, may not be administered to a child in care unless:

(a) Parental permission to administer the medication is documented on a completed, signed, and dated medication authorization form, provided by the office, that is received by the provider or substitute before the medication is administered; and

(b) A licensed health practitioner has approved the administration of the medication and the medication dosage.

(2) A prescription medication may not be administered to a child unless at least one dose of the medication has been given to the child at home.

(3) If medication is by prescription, it shall be labeled by the pharmacy or physician with:

(a) The child's name;

(b) The date of the prescription;

(c) The name of the medication;

(d) The medication dosage;

(e) The administration schedule;

(f) The administration route;

(g) If applicable, special instructions, such as "take with food"; and

(h) The duration of the prescription; and

(i) An expiration date that states when the medication is no longer useable.

B. Topical Applications. A diaper rash product, sunscreen, or insect repellent supplied by a child's parent may be applied without prior approval of a licensed health practitioner.

C. Medication shall be administered according to the instructions on the label of the medication container or a licensed health practitioner's written instructions, whichever are more recently dated.

D. Recording Requirements.

(1) Each administration of a prescription or nonprescription medication to a child, including self-administration of a medication by the child, shall be noted in the child's record.

(2) Application of a diaper rash product, sunscreen, or insect repellent supplied by a child's parent shall be noted in the child's record.

E. Medication Storage.

(1) Each medication shall be:

(a) Labeled with the child's name, the dosage, and the expiration date;

(b) Stored as directed by the manufacturer, the dispensing pharmacy, or the prescribing physician; and

(c) Discarded according to guidelines of the Office of National Drug Control Policy or the U.S. Environmental Protection Agency, or returned to the child's parent upon expiration or discontinuation.

(2) All medications shall be stored to make them inaccessible to children in care but readily accessible to the provider, substitute, or additional adult.

F. Self-Administration of Medication.

(1) Before a child may self-administer medication while in care, a provider shall:

(a) Have a written order from the child's physician and the written request of the child's parent for the child's self-administration of medication;

(b) In consultation with the child's parent, establish a written procedure for self-administration of medication by the child based on the physician's written order; and

(c) Authorize the child to self-administer medication.

(2) Revocation of Authorization to Self-Administer.

(a)A provider may revoke a child's authorization to self-administer medication if the child fails to follow the written procedure required by §F(1)(b) of this regulation.

(b) Immediately upon revoking the child's authorization to self-administer medication, the provider shall notify the child's parent of that revocation.

(c) The provider shall document the revocation of authorization to self-administer and the notification to the child's parent in the child's record.

G. Effective January 1, 2016, medication may be administered to a child in care only by an individual who has completed approved medication administration training, unless:

(1) The individual is a registered nurse, licensed practical nurse, or medication technician certified by the Maryland Board of Nursing to administer medication to children in care; or

(2) Responsibility for administering medication to children in care has been delegated to the individual by a delegating nurse in accordance with COMAR 10.27.11.

H. Medical Cannabis.

(1) The administration of medical cannabis by a caregiver to a child who is a qualifying medical cannabis patient is governed by COMAR 10.62.01-10.62.37.

(2) The administration of medical cannabis that includes smoking or vaping is prohibited.

Md. Code Regs. 13A.15.11.04

Regulation .04 amended effective June 24, 2013 (40:12 Md. R. 1043)
Regulation .04A, E amended effective April 19, 2010 (37:8 Md. R. 618)
Regulation .04B amended effective March 21, 2011 (38:6 Md. R. 396)
Regulation .04 amended effective 42:14 Md. R. 881, eff.7/20/2015; amended effective 47:1 Md. R. 12, eff. 1/13/2020; amended effective 50:20 Md. R. 885, eff. 8/31/2023, exp. 2/12/2024(Emergency); amended effective 51:2 Md. R. 76, eff. 2/5/2024