Or. Admin. R. 419-430-0090 - Day Treatment Agencies: Medication

A day treatment agency must comply with all of the following requirements:

(1) Policy and procedures. The day treatment agency must have policies and procedures that cover prescriptions, herbal remedies, and all non-prescription medications that address all of the following:
(a) How the medication will be administered.
(b) By whom the medication will be administered.
(c) How the staff of the day treatment agency who administer medication will be trained.
(d) How the administration of medication will be documented.
(e) How the administration of medication will be monitored.
(f) How unused medication will be disposed of.
(g) The process that ensures that each child in care's prescription and non-prescription medications are reviewed, unless the medications are all provided through a single pharmacy. As used in this rule, "non prescription medication" means any medication that does not require a written prescription for purchase or dispensing.
(2) A prescription, signed by a physician or other qualified medical professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medications prescribed for one child in care may not be administered to, or self-administered by another child in care or staff. As used in this rule "self-administration" refers to the act of a resident placing a medication internally in, or externally on, his or her own body.
(3) A written order, signed by a physician or other qualified medical professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity.
(4) Before a day treatment agency permits a child in care to self-administer prescription medication, self-administration must be recommended by the day treatment agency, approved in writing by a physician, and closely monitored by the child in care's guardian or the staff of the day treatment agency.
(5) Medication storage.
(a) Prescription medications that are unused and any medications that are outdated or recalled may not be maintained in the facility. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.
(b) The facility may maintain a stock supply of non-prescription medications.
(c) All prescription and non-prescription medications must be contained in locked storage in the facility and must be kept in a manner that makes them inaccessible to children.
(d) Medications requiring refrigeration must be refrigerated and secured.
(e) Medications must be maintained and stored in their original container, including the prescription label.
(6) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law.
(7) A written record of all medication disposals must be maintained and must include all of the following:
(a) A description of the prescribed medication and the amount disposed.
(b) The child in care for whom the medication was prescribed.
(c) The reason for disposal.
(d) The method of disposal.
(e) The name of the adult disposing the medication, and the initials of an adult witness.
(8) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that are administered. The record must include all of the following:
(a) The name of the child in care.
(b) A description of the medication, instructions for use, and the recommended dosage.
(c) Dates and times medication is administered.
(d) A record of missed dosages.
(e) Medication dropped or disposed of.
(f) Method of administration for each medication.
(g) Identification of person administering the medication.
(h) Any adverse reactions to the medication.
(i) Documentation of any medication taken outside the facility by a child in care during a home visit or other activity.
(9) Where applicable, the day treatment agency must maintain documentation of the continuing evaluation of the child's ability to self-administer a medication.


Or. Admin. R. 419-430-0090
CWP 36-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 63-2020, minor correction filed 01/15/2020, effective 01/15/2020; Renumbered from 413-215-0846 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022

Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005

Statutes/Other Implemented: ORS 418.205 - 418.325

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