Ohio Admin. Code 4723-13-02 - General information
(A) A nursing task may be delegated to an
unlicensed person only by a licensed nurse who shall delegate in accordance
with this chapter.
(B) Nothing in
this chapter shall be construed to prevent any person registered, certified,
licensed, or otherwise legally authorized in this state under any law from
engaging in the practice for which such person is registered, certified,
licensed, or authorized.
"Otherwise legally authorized" may include, but is not limited to, authorization for medication administration pursuant to section 3313.713 of the Revised Code, DODD personnel authorized to perform tasks or activities pursuant to sections 5123.41 to 5123.47 of the Revised Code, and individuals authorized to administer medications or perform tasks pursuant to Title 47 of the Revised Code.
(C) Nothing in this chapter shall prohibit an
unlicensed person from assisting an individual who can safely self direct his
or her own care, including, helping the individual with self-administration of
medications in a facility where the substantial purpose of the setting is other
than the provision of health care. An unlicensed person assisting with
self-administration of medications may do only the following:
(1) Remind an individual when to take the
medication and observe to ensure that the individual follows the directions on
the container;
(2) Assist an
individual in the self-administration of medication by taking the medication in
its container from the area where it is stored and handing the container with
the medication in it to the individual. If the individual is physically unable
to open the container, the unlicensed person may open the container for the
individual;
(3) Assist upon request
by or with the consent of, a physically impaired but mentally alert individual,
in removing oral or topical medication from the container and in taking or
applying the medication. If an individual is physically unable to place a dose
of medicine in the individual's mouth without spilling or dropping it, an
unlicensed person may place the dose in another container and place that
container to the mouth of the individual; or
(4) Assisting an individual with
self-administration does not mean that an unlicensed person can administer
medication to an individual, whether orally, by injection, or by any other
route.
(D) Nothing in
this chapter shall prohibit an unlicensed person from administering medication
under the following circumstances:
(1) The
giving of oral or the applying of topical medication in accordance with
sections 5123.41 to
5123.47 of the Revised Code and
in accordance with rules 5123-6-01 and 5123-6-07
5123:2-6-01 to 5123:2-6-07 of the
Administrative Code;
(2) When
medication is administered by an individual employed by a board of education,
or a school charted by the state board of education, who has been designated
according to section 3313.713 of the Revised Code to
administer to a student a drug prescribed by an authorized prescriber;
or
(3) In accordance with any other
law or rule that authorizes an unlicensed person to administer
medications.
Notes
Promulgated Under: 119.03
Statutory Authority: 4723.07, 4723.071
Rule Amplifies: 4723.01, 4723.03
Prior Effective Dates: 12/01/1995, 02/01/2000, 02/01/2002, 02/01/2003, 02/01/2004, 02/01/2007, 02/01/2012
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