eLaws of Florida

  SECTION 429.256. Assistance with self-administration of medication.  


Latest version.
  • 1(1) 2For the purposes of this section, the term:
    10(a) 11“Informed consent” means advising the resident, or the resident’s surrogate, guardian, or attorney in fact, that an assisted living facility is not required to have a licensed nurse on staff, that the resident may be receiving assistance with self-administration of medication from an unlicensed person, and that such assistance, if provided by an unlicensed person, will or will not be overseen by a licensed nurse.
    76(b) 77“Unlicensed person” means an individual not currently licensed to practice nursing or medicine who is employed by or under contract to an assisted living facility and who has received training with respect to assisting with the self-administration of medication in an assisted living facility as provided under s. 125429.52 126prior to providing such assistance as described in this section.
    136(2) 137Residents who are capable of self-administering their own medications without assistance shall be encouraged and allowed to do so. However, an unlicensed person may, consistent with a dispensed prescription’s label or the package directions of an over-the-counter medication, assist a resident whose condition is medically stable with the self-administration of routine, regularly scheduled medications that are intended to be self-administered. Assistance with self-medication by an unlicensed person may occur only upon a documented request by, and the written informed consent of, a resident or the resident’s surrogate, guardian, or attorney in fact. For the purposes of this section, self-administered medications include both legend and over-the-counter oral dosage forms, topical dosage forms, transdermal patches, and topical ophthalmic, otic, and nasal dosage forms including solutions, suspensions, sprays, and inhalers.
    264(3) 265Assistance with self-administration of medication includes:
    271(a) 272Taking the medication, in its previously dispensed, properly labeled container, including an insulin syringe that is prefilled with the proper dosage by a pharmacist and an insulin pen that is prefilled by the manufacturer, from where it is stored, and bringing it to the resident.
    317(b) 318In the presence of the resident, confirming that the medication is intended for that resident, orally advising the resident of the medication name and dosage, opening the container, removing a prescribed amount of medication from the container, and closing the container. The resident may sign a written waiver to opt out of being orally advised of the medication name and dosage. The waiver must identify all of the medications intended for the resident, including names and dosages of such medications, and must immediately be updated each time the resident’s medications or dosages change.
    411(c) 412Placing an oral dosage in the resident’s hand or placing the dosage in another container and helping the resident by lifting the container to his or her mouth.
    440(d) 441Applying topical medications.
    444(e) 445Returning the medication container to proper storage.
    452(f) 453Keeping a record of when a resident receives assistance with self-administration under this section.
    467(g) 468Assisting with the use of a nebulizer, including removing the cap of a nebulizer, opening the unit dose of nebulizer solution, and pouring the prescribed premeasured dose of medication into the dispensing cup of the nebulizer.
    504(h) 505Using a glucometer to perform blood-glucose level checks.
    513(i) 514Assisting with putting on and taking off antiembolism stockings.
    523(j) 524Assisting with applying and removing an oxygen cannula but not with titrating the prescribed oxygen settings.
    540(k) 541Assisting with the use of a continuous positive airway pressure device but not with titrating the prescribed setting of the device.
    562(l) 563Assisting with measuring vital signs.
    568(m) 569Assisting with colostomy bags.
    573(4) 574Assistance with self-administration does not include:
    580(a) 581Mixing, compounding, converting, or calculating medication doses, except for measuring a prescribed amount of liquid medication or breaking a scored tablet or crushing a tablet as prescribed.
    608(b) 609The preparation of syringes for injection or the administration of medications by any injectable route.
    624(c) 625Administration of medications by way of a tube inserted in a cavity of the body.
    640(d) 641Administration of parenteral preparations.
    645(e) 646The use of irrigations or debriding agents used in the treatment of a skin condition.
    661(f) 662Assisting with rectal, urethral, or vaginal preparations.
    669(g) 670Assisting with medications ordered by the physician or health care professional with prescriptive authority to be given “as needed,” unless the order is written with specific parameters that preclude independent judgment on the part of the unlicensed person, and the resident requesting the medication is aware of his or her need for the medication and understands the purpose for taking the medication.
    733(h) 734Medications for which the time of administration, the amount, the strength of dosage, the method of administration, or the reason for administration requires judgment or discretion on the part of the unlicensed person.
    767(5) 768Assistance with the self-administration of medication by an unlicensed person as described in this section shall not be considered administration as defined in s. 792465.003793.
    794(6) 795The agency may by rule establish facility procedures and interpret terms as necessary to implement this section.
History.-s. 16, ch. 98-80; s. 214, ch. 99-13; ss. 2, 48, ch. 2006-197; s. 11, ch. 2015-126; s. 13, ch. 2019-11; s. 7, ch. 2020-68.

Note

Note.-Former s. 400.4256.

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