Bill Text: DE HB111 | 2015-2016 | 148th General Assembly | Engrossed
Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Limited Lay Administration Of Medications.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2015-07-10 - Signed by Governor [HB111 Detail]
Download: Delaware-2015-HB111-Engrossed.html
SPONSOR: |
Rep. Barbieri & Sen. Hall-Long |
|
Reps. Bennett, Jaques, Mitchell; Sen. Lopez |
HOUSE BILL NO. 111 AS AMENDED BY HOUSE AMENDMENT NOS. 1 & 2 AND SENATE AMENDMENT NO. 1 |
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO LIMITED LAY ADMINISTRATION OF MEDICATIONS.
Section 1. Amend §1902, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 1902 Definitions.
(c)"Assistance with medications" means
a situation where a designated care provider functioning in a setting
authorized by §1921 of this title, who has taken a Board approved medication
training program, or a designated care provider who is otherwise exempt from
the requirement of having to take the Board approved self-administration with
medication training programs, assists the patient in the self-administration of
a medication other than by injection, provided that the medication is in the
original container, with a proper label and directions. The designated care
provider may hold the container for the patient, assist with the opening of the
container and assist the patient in taking the medication.
(h) "Limited Lay Administration of Medications (LLAM)" means a process by which LLAM trained unlicensed assistive personnel, functioning in a setting authorized by §1932 of this title, gives a prescribed medication to clients/patients/residents/students as ordered by a licensed practitioner authorized to prescribe medications or gives a nonprescription medication pursuant to the Delacare regulations.
(i)"LLAM trained unlicensed assistive personnel (UAP)" means an individual who has successfully completed the Board of Nursing approved LLAM course, including the core course and any program specific specialized training modules required.
Section 2. Amend §1921, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§1921 Applicability of chapter.
(a) This chapter shall not apply to the following situations:
(10) Residential child care facilities
regulated by the State under Title 31 where designated child care providers,
who have successfully completed a Board-approved medication training program,
assist children in the taking of medication, other than by injection, provided
that the medication is in the original container, properly labeled. An annual
report by the Administrator of the Program shall be made to the Board of
Nursing. The report shall indicate compliance with guidelines as set forth in
the approved course on "Assistance with Self Administration";
(11) (10) Administration of
prescription or nonprescription medications, other than by injection, by child
care providers who have successfully completed a state-approved medication
training program, to children in child care homes or child care centers
regulated by the State under §§341-344 of Title 31; provided the medication
and written permission for the administration of the particular medication has
been obtained from the child's parent or legal guardian and further provided
the medication is in its original container, properly labeled. Properly labeled
medication shall include instructions for administration of the medication;
(12)
Foster homes, group homes or adult day habilitation centers for individuals who
are developmentally disabled regulated by the State under Chapter 55 of Title
16 where designated care providers, who have successfully completed a
Board-approved medication training program, assist developmentally disabled
clients in the taking of medication, other than by injection, provided that the
medication is in the original container, properly labeled. An annual report by
the Administrator of the Program shall be made to the Board of Nursing. The
report shall indicate compliance with guidelines as set forth in the approved
course on "Assistance with Self Administration";
(13) (11) Nursing services
rendered by a graduate of a State Board of Nursing approved school of
professional or practical nursing working under supervision, pending results of
the first licensing examination. The Board shall establish the procedure and
extent to which subsequent examinations may be taken and the length of time and
the character of nursing service which may be rendered pending subsequent
examinations;
(14) Group
homes for individuals who have psychiatric disabilities regulated by the State
under Chapter 11 of Title 16 and other community support programs certified by
the Division of Substance Abuse and Mental Health, where designated care
providers, who have successfully completed a Board-approved medication training
program, assist individuals who have psychiatric disabilities in the taking of
medication, other than by injection, provided that the medication is in the
original container, properly labeled. An annual report by the Administrator of
the Program shall be made to the Board of Nursing. The report shall indicate
compliance with guidelines as set forth in the approved course on
"Assistance with Self Administration";
(15) (12) The practice of any
currently licensed registered nurse or licensed practical nurse of another
state who provides or attends educational programs or provides consultative
services within this State not to exceed 14 days in any calendar year. Neither
the education nor consultation may include the provision of patient care, the
direction of patient care or the affecting of patient care policies.
(16)
Assisted living agencies serving elderly persons and adults with physical
disabilities regulated by the State under Chapter 11 of Title 16, where
designated care providers, who have successfully completed a board-approved
medication training program, assist individuals residing in licensed assisted
living facilities in the taking of medication, other than by injection,
provided that the medication is in the original container, and properly
labeled. An annual report by the Administrator of the Program shall be made to
the Board of Nursing. The report shall indicate compliance with guidelines as
set forth in the approved course on "Assistance with Self
Administration";
(17) (13) Educators, coaches, or
persons hired or contracted by schools serving students in kindergarten through
grade 12 who assist students with medications that are self-administered during
school field trips and approved school activities outside the traditional
school day or off-campus that have completed a Board of Nursing approved
training course developed by the Delaware Department of Education;
(18) (14) Attendants providing
basic and ancillary services defined and regulated by the Department of Health
and Social Services in conformity with the Community-Based Attendant Services
Act, Chapter 94 of Title 16;
(19) (15) A competent individual
who does not reside in a medical facility or a facility regulated pursuant to
Chapter 11 of Title 16, may delegate to unlicensed persons performance of
health care acts, unless of a nature excluded by the Board through regulations,
provided:
a. The acts are those individuals could normally perform themselves but for functional limitations; and
b. The delegation decision is entirely voluntary.
c. Nothing contained herein shall diminish any legal or contractual entitlement to receive health care services from licensed or certified personnel;
(20) The
providing of assistance with the self administration of medications to
residents of group homes established for individuals with AIDS, provided that
persons providing such assistance have successfully completed a medication
training program approved by the Board. An annual report by the administrator
of the program shall be made to the Board of Nursing. The report shall indicate
compliance with guidelines as set forth in the approved course on
"Assistance with Self-Administration".
(16)The limited lay administration of medications pursuant to §1932 of this title.
Section 3. Amend Chapter 19, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1932 Limited Lay Administration of Medications.
(a) Individuals who have successfully completed a Board-approved limited lay administration of medications training program may administer prescription or nonprescription medications to patients/residents/clients in the following settings:
(1) Residential child care facilities and Day Treatment Programs regulated by the State under Title 31.
(2) All residential or day services for persons with intellectual disabilities regulated by the State under Chapter 79 of Title 29 and Chapter 11 of Title 16.
(3) Group homes for persons with psychiatric disabilities regulated by the State under Chapter 11 of Title 16 and other community support programs certified by the Division of Substance Abuse and Mental Health.
(4) Assisted living facilities regulated by the State under Chapter 11 of Title 16.
(5) Group homes established for persons with AIDS regulated by the State under Chapter 11 of Title 16.
(b) Medications must be in the original container and properly labeled.
(c) An annual report to the Board of Nursing, on a form developed by the Board of Nursing, must be submitted no later than August 1 of each year indicating compliance with the guidelines as set forth in the approved LLAM training program.