Section 172-95-008 - DETERMINATION OF COMPETENCY FOR A MEDICATION AIDE OR MEDICATION STAFF TO PERFORM AN ADDITIONAL ACTIVITYMedication aides or medication staff may provide as needed (PRN) medication, provide medication by an additional route, or participate in monitoring if there is a written statement from a competent recipient, caretaker, or licensed health care professional that the medication aide or medication staff is competent to perform such duties. The following documentation is required:
(A) For competent recipients, a statement indicating informed determination that each medication aide or medication staff who provides the additional activity is competent. In the situation of a competent recipient who is making their own determination of need and effectiveness regarding medications, written documentation is not required for as needed PRN medication or for participation in monitoring.(B) For recipients who are not competent but for whom there are caretakers, a statement from the caretaker indicating their determination that a medication aide or medication staff is competent to provide the additional activity. Competency determination of the medication aide or medication staff by the caretaker must be determined on a recipient-specific basis and the documentation must be on an individual-specific basis for each medication aide or medication staff and not by title or job description.(C) For recipients who are not competent and for whom there are not caretakers, a statement from a licensed health care professional stating their determination that a medication aide or medication staff is competent to provide the additional activity. This requirement must be met in one of the following methods:(1) An entity which employs licensed health care professionals may identify on an individual basis or by written title and job description both the licensed health care professional who has made the competency determination and those medication aides and medication staff who have been determined competent for each additional activity(2) An entity which does not employ licensed health care professionals must identify by name, profession, and license number the licensed health care professional who has made the competency determination and those medication aides and medication staff who have been determined competent for each additional activity. Such persons may be identified on an individual basis or by written title and job description; or(3) A licensed health care professional who provides services directly to a recipient, rather than indirectly through entity employment or contract, must specify those medication aides and medication staff who have been determined competent to provide each additional activity. Such persons must be identified on an individual basis.172 Neb. Admin. Code, ch. 95, § 008
Amended effective 9/24/2022