Properly abiding by the rules and regulations for Medication in an Assisted Living Facility can be the biggest headache (no pun intended) that you come in contact with- that is if you don’t have a system in place for adhering to the following regulation provided by the Alabama Department of Public Health:
420-5-4-.06 Care of Residents
(5) Medications.
(a) Medications as defined in these rules, may be administered to a resident of an assisted living facility only after the drugs have been prescribed specifically for the resident by an individual currently licensed to prescribe medications in Alabama. A currently licensed physician in good standing with the Medical Licensure Commission of any state may prescribe medications to a resident of an assisted living facility only during the initial physical examination.
(b) A physician order is required for a resident to manage and have custody of his or her own medications.
(c) A resident may have custody of and manage over-the-counter topical medications with the written approval of a physician. A physician order is not required for over-the-counter topical medications that are self-administered by residents and approved by the physician for resident possession.
(d) Nothing in these rules shall preclude a facility from using a licensed nurse employed by the facility or nursing agency to administer medication to any resident. An RN or LPN shall administer medications to residents in the assisted living facility only in accordance with physician orders and the Nurse Practice Act.
(e) A resident who is incapable of recognizing his or her name, or understanding the facility unit dose medication system, or does not have the ability to protect himself or herself from a medication error shall require medication administration. Medication administration shall be provided only by a physician or by an RN or LPN. If the resident cannot understand or be trained to understand the unit dose medication system used by the facility or cannot protect himself or herself from medication errors by facility staff, the resident will be appropriately discharged.
(f) A resident may self-manage his or her medications. For the purposes of these rules, self-manage shall mean the resident is capable of maintaining possession and control of his or her medications, who do maintain possession and control of his or her medications and self-administer his or her medications without creating an unreasonable risk to health and safety.
(g) A resident that cannot self-manage his or her own medication without creating an unreasonable risk to health and safety may be assisted with self-administration of medication by any assisted living facility staff, including staff members who hold no professional licensure provided:
- The resident can and does identify his or her name on the medication package and has a reasonable understanding of the unit dose packaging system in use by the facility such that the resident could protect himself or herself from medication errors when unit dose packages are brought to the resident by facility staff. The resident shall have the opportunity to demonstrate his or her ability to correctly utilize the unit dose package system at every opportunity for medication use.
(6) Assistance with self-administration of medication includes the following practices:
(a) Reminding a resident that it is time to take a medication or medications, where such medications have been prescribed for a specific time of day, a specific number of times per day, specific intervals of time, or for a specific time in relation to mealtimes or other activities such as arising from bed or retiring to bed.
(b) Physically assisting a resident by opening or helping to open a container holding medications. (c) Offering liquids to a resident to assist that resident in ingesting oral medications. (d) Physically bringing a container of medication to a resident.
(7) Assistance with self-administration of medications shall under no circumstances include any of the following practices:
(a) Medication administration as defined in these rules.
(b) Determining the amount of medication to be given. If a medication is not available in unit-dose packaging, unlicensed facility staff may measure the prescribed amount of medication only under the direction and control of the resident, provided that the resident is capable of determining the amount of medication to be given.
(c) Giving a resident injections of any kind.
(d) Telling or reminding a resident that it is time to take a PRN or as-needed medication.
(e) Placing medications in a feeding tube.
(f) Giving enemas or suppositories.
(g) Crushing or splitting medications, provided that a physician has ordered a specific medication to be crushed or split and the resident is capable of self-managing his or her own medication or the resident is capable of medication self-administration with assistance and would be capable of crushing or splitting his or her own medications but for limitations of mobility or dexterity, maybe assisted with crushing or splitting medications by unlicensed staff so long as the assistance provided is under the total control and direction of the resident. If the facility chooses to offer this assistance, the facility shall develop and implement a policy and procedure to ensure safe practices by facility staff.
(h) Mixing medications with food or liquids, provided that a physician has ordered a medication to be mixed with food or liquid and the resident is capable of self-managing his or her own medications or the resident is capable of medication self-administration with assistance and would be capable of mixing his or her own medications with food or liquid but for limitations of mobility or dexterity, maybe assisted with mixing medications with food or liquid by unlicensed staff so long as the assistance provided is under the total control and direction of the resident. If the facility chooses to offer this assistance, the facility shall develop and implement a policy and procedure to ensure safe practices by facility staff.
(i) Assisting with self-administration of eye drops, eardrops, nose drops, inhalers, nebulizers, or topical medications, provided that a resident who is capable of self-managing his or her own medication or a resident who is capable of medication self-administration with assistance and who would be capable of self-administration of his or her own medications but for limitations of mobility or dexterity may be assisted with eye drops, ear drops, nose drops, inhalers, nebulizers, or topical medications by unlicensed facility staff so long as the assistance provided is under the total control and direction of the resident. If the facility chooses to offer this assistance, the facility shall develop and implement a policy and procedure to ensure safe practices by facility staff.
(j) All medications administered to residents and all medications self-administered with the assistance of facility staff in an assisted living facility shall be contemporaneously recorded on a standard medication administration or medication assistance record. “Contemporaneously recorded” means recorded at the same time or immediately after medications are administered. The medication administration or medication assistance record shall include at least the following:
- The name of the resident to whom the medication was administered or assisted.
- The name of the medication administered or assisted.
- The dosage of the medication administered or assisted.
- The method of administration or assistance.
- The site of injection or application, if the medication was injected or applied.
- The date and time of the medication administration or assistance.
- Any adverse reaction to the medication.
- The printed name, initials, and written signature of the individual administering the medication or assisting the resident with self-administration of the medication.
(k) Medications kept under the control or custody of an assisted living facility shall be packaged by the pharmacy and shall be maintained by the facility in unit-dose packaging. Medications kept under the control or custody of an assisted living facility that is not available in unit-dose packaging must be packaged by the pharmacy and administered by a physician, RN, or LPN or self-administered with assistance under the total control and direction of the resident.
(l) Unless a resident can and does self-manage his or her own medications, an assisted living facility shall require each resident to use a single pharmacy. This does not apply to emergency pharmacy services. All residents need not use the same pharmacy that is used by other residents unless the express policy of the assisted living facility provides otherwise and all residents are informed of such policy and provided a copy of such policy prior to or at the time of admission. The assisted living facility shall require pharmacies used for medication supply for residents not self-managing their medications to review all ordered medication regimens for possible errors or adverse drug interactions and to advise the facility and the prescribing health care provider when these are detected.
(m) If controlled substances prescribed for residents of any assisted living facility are kept in the custody of the assisted living facility, they shall be stored in a manner that is compliant with state and federal laws, the requirements of the Alabama State Board of Pharmacy, and any requirements prescribed by the State Board of Health. At a minimum, controlled substances in the custody of the facility shall be stored using a double lock system, under proper temperature and humidity controls, and permit only authorized personnel access. The facility shall maintain a system to account for all controlled substances in its possession. All other medications in the custody of the facility shall be stored using at least a single lock, under proper temperature and humidity controls, and permit only authorized personnel access. This shall include medications stored in a resident’s room when the staff and not the resident have access to the medications. Medications may be kept in the custody of an individual resident who can safely manage his or her medications. Such medications may be stored in a locked container accessible only to the resident and staff, or maybe stored and secured in the resident’s living quarters if the room is single occupancy and has a locking entrance.
(n) Medication administration or medication assistance records and written physician orders for all over-the-counter drugs, legend drugs, and controlled substances shall be retained for a period of not less than three years. They shall be made available for inspection at reasonable times by residents, anyone authorized by the resident, and by the sponsors of residents.
(o) Labeling of Drugs and Medicines. All containers of prescribed medicines and drugs shall be labeled in accordance with the rules of the Alabama State Board of Pharmacy and shall include appropriate cautionary labels, such as, “Shake Well,” or “For External Use Only.”
(8) Disposal of Medications.
- Controlled substances and legend drugs dispensed to residents, that are expired or unused because the medication is discontinued or because the resident dies, shall be destroyed within 30 days. Unused legend drugs that are not expired may be donated to a charitable clinic pursuant to Alabama Administrative Code, Chapter 420-11-11. Under no circumstances should expire, discontinued, or unused medications be stored or housed in the facility beyond 30 days.
- Medications of residents who are discharged or transferred to another facility shall be returned to the residents. The responsible party will sign a statement that these medications have been received. The statement shall list the pharmacy, prescription number, date, resident’s name and strength of the medication, and the amount. This statement shall be maintained in a file for at least three years.
- When medications are destroyed on the premises of the assisted living facility, a record shall be made and retained for at least 3 years. This record shall include the name of the assisted living facility, the method of disposal, the pharmacy, the prescription number, the name of the resident, the name, strength, and dosage of the medication, and the amount and the reason for the disposal. This record shall be signed and dated by the individual performing the destruction and by at least one witness.
Top Takeaways:
- (b) A physician order is required for a resident to manage and have custody of his or her own medications.
If a resident in your facility is requesting to handle their own meds, ensure the physician is on board. You do not want a situation where a resident is not fit to take care of their meds and it is being allowed by your facility.
- (j) All medications administered to residents and all medications self-administered with the assistance of facility staff in an assisted living facility shall be contemporaneously recorded on a standard medication administration or medication assistance record. “Contemporaneously recorded” means recorded at the same time or immediately after medications are administered. The medication administration or medication assistance record shall include at least the following:
Doesn’t it seem like we are always speaking about keeping records? Here the thing; proper record keeping can save you so much hassle down the road. You need to make sure that your clinical team is keeping accurate records for what medication is being dispensed. Ensure your nursing leadership reviews this frequently.