Statutes, codes, and regulations
West Virginia Administrative Code
Agency 78 - Human ServicesTitle 78 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements
Section 78-21-17 - Medication Administration

W. Va. Code R. § 78-21-17

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Current through Register Vol. XLI, No. 24, June 14, 2024
Section 78-21-17 - Medication Administration
17.1. A center shall only administer medication with written permission from the child's parent, and with a prescription or a written order from a licensed health care provider except as provided for in subsection 17.5.
17.2. The center shall secure instructions from the child's parent for each medication to be administered. The center shall not accept instructions that indicate to administer the medication on an as needed basis unless the order is accompanied by a medical treatment plan written by the child's licensed health care provider which describes the as needed condition. All medication instruction must be legibly written, signed by the parent, attached to the medication log, and shall include:
17.2.a. The child's first and last name;
17.2.b. The name of the medication to be given;
17.2.c. The reason the medication is being given; and
17.2.d. Directions for the administration of the medication including the specific dosage, specific frequency, or time to be given, and the route to be given.
17.3. A center shall ensure that medication is only administered by designated qualified staff members with training in medication administration.
17.4. A center shall ensure that prescription medication is only administered when the prescriptive medicine bottle or package has the original pharmacy label showing the prescription number, name of the medication, date the prescription was filled, the licensed health care provider's name, the child's first and last names, specific, legible directions for administration and storage, and the expiration date.
17.5. A center shall ensure that non-prescription medication is only administered when the following criteria are met:
17.5.a. The center administers oral non-prescription medication for no more than three consecutive days within a 30-day period without written instruction from a licensed health care provider;
17.5.b. The center applies non-prescription topical products (ointments, creams, or lotions) for no more than five consecutive days within a 30-day period without written instruction from a licensed health care provider. Sunscreens or lip balms used for preventative purpose are excluded from this requirement;
17.5.c. The original non-prescription medicine bottle or package has a label with the child's first and last names written by the parent, specific, legible directions for administration including the appropriate dosage based on weight or age, directions for storage, and verification that the medicine will not expire during the time to be used;
17.5.d. Medication does not contain aspirin (acetylsalicylic acid) or any form of salicylate such as Alka-Seltzer or Pepto-Bismol;
17.5.e. Medication for cough, cold, or congestion does not contain codeine;
17.5.f. Any topical containing diphenhydramine hydrochloride (Benadryl) shall not be applied without written instruction from a licensed health care provider;
17.5.g. That the medication shall not be administered in a manner inconsistent with the manufacturer's recommendations without written instructions from the child's licensed health care provider.

W. Va. Code R. § 78-21-17