Section 5-A153. HEALTH, SAFETY AND WELFARE: MEDICATION ADMINISTRATION AND STORAGE  


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    153.1 A Licensee shall not administer medication or treatment to a child in care, with the exception of emergency first aid, whether prescription or non-prescription, unless:

     

    (a) Parental permission to administer the medication or treatment is documented on a completed, signed, and dated medication authorization form that is received by the Licensee before the medication or treatment is administered;

     

    (b) A licensed health care practitioner has approved the administration of the medication and the medication dosage; and

     

    (c) The individual administering the medication has completed an approved medication training program or the individual is a registered nurse, licensed practical nurse, or medication technician certified by the District of Columbia Board of Nursing to administer medication to children in care.

     

    153.2 A Licensee shall not administer prescription medication to a child unless at least one (1) dose of the medication has been given to the child at home at a previous date or time.

     

    153.3 If medication is by prescription, it shall include a label from the pharmacy or a licensed health care practitioner with the following:

     

    (a) The child's name;

     

    (b) The date of the prescription;

     

    (c) The name of the medication;

     

    (d) The medication dosage;

     

    (e) The administration schedule;

     

    (f) The method of administration;

     

    (g) If applicable, special instructions, such as “take with food”;

     

    (h) The duration of the prescription;

     

    (i) An expiration date that states when the medication is no longer useable; and

     

    (j) The name and telephone number of the child’s licensed health care practitioner.

     

    153.4 Medication shall be administered according to the instructions on the label of the medication container or a licensed health care practitioner's written instructions, whichever is most recently dated.

     

    153.5 A Licensee shall maintain a medication log, on a form approved by OSSE.  Each time medication is administered to a child, a staff person shall enter the date, time of day, medication, medication dosage, method of administration, and the name of the person administering the medication in the medication log. 

     

    153.6 For each child for whom medication is administered at the Facility, a Licensee shall obtain a daily written statement from the parent or guardian, indicating when the last dose was administered prior to the child’s arrival to the Facility. A Licensee shall add the information from the written statement to the medication log described in Subsection 153.5.

     

    153.7 A Licensee shall maintain all records pertaining to the administration of each medication to each child for a period of at least three (3) years after the administration of said medication.  The record shall include the written medical prescription or order from the licensed health care practitioner, the written instructions and authorization of the parent(s) or guardian(s), and the completed medication log. A Licensee shall make these records available for review by OSSE upon request.

     

    153.8 After receiving written consent from a child’s parent(s) or guardian(s), a Licensee may apply nonprescription topical ointments, including petroleum jelly, diaper rash products, sunscreen, or insect repellent supplied by the child's parent(s) or guardian(s) without prior approval of a licensed health care practitioner.

     

    153.9 Application of a diaper rash product, sunscreen, or insect repellent supplied by a child's parent shall be noted in the child’s record.

     

    153.10 Each medication, whether prescription or non-prescription, shall be:

     

    (a) Labeled with the child's name, the dosage, and the expiration date;

     

    (b) Stored in its original container as directed by the manufacturer, the dispensing pharmacy, or the prescribing physician; and

     

    (c) Discarded according to guidelines of the Office of National Drug Control Policy or the U.S. Environmental Protection Agency, or returned to the child's parent upon expiration or discontinuation of use for proper disposal.

     

    153.11 A Licensee shall ensure that, unless otherwise indicated by a written medical prescription or order, each medication requiring refrigeration is maintained at a temperature between thirty-six degrees Fahrenheit (36°F) and forty-six degrees Fahrenheit (46°F).  All refrigerated medications are to be kept in a separate storage container within the Facility’s refrigerator to prevent potential cross-contamination with foods and beverages.

     

    153.12 Before a child may self-administer medication while in care, a Licensee shall:

     

    (a) Have a written order from the child’s physician and the written request of the child’s parent for the child’s self-administration of medication; and

     

    (b) In consultation with the child’s parent, establish a written procedure for self-administration of medication by the child based on the physician’s written order.

     

    153.13 If the child fails to follow the written procedure required by Subsection 153.12, a staff member shall administer any remaining medication dosage, document the administration of medication, and notify the child’s parent of such administration.

     

     

authority

Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).