172 Neb. Admin. Code, ch. 96, § 005

Current through September 17, 2024

Section 172-96-005 - REQUIREMENTS FOR INDIVIDUALS AND ENTITIES OFFERING COMPETENCY ASSESSMENTS OR COURSES

Standards that are required to be met to show competency include the following:

005.01COMPETENCY ASSESSMENTS DEMONSTRATIONS. Competency assessments must include a demonstration of each of the following competency areas and standards:

(A) Maintaining confidentiality, which includes not sharing confidential information except when it affects the recipient's care and is only shared with the appropriate person;

(B) Complying with a recipient's right to refuse to take medication, including the use of appropriate measures to encourage taking of medications when directed for recipients who are not competent;

(C) Maintaining hygiene and current accepted standards for infection control, utilizing appropriate infection control principles when providing medications;

(D) Documenting accurately and completely the standard is to accurately document all medication provided including the name of the medication, dose, route, and time administered and any refusal of medication, and spoilage;

(E) Providing medications according to the 5 rights as outlined at Neb. Rev. Stat. § 71-6721(9); the standard is to provide the right medication, to the right person, at the right time, in the right dose, and by the right route;

(F) The ability to understand and follow instructions and to comprehend written or oral directions;

(G) Practicing safety in application of medication procedures which includes the ability to:

(i) Safely store and handle all medication s in accordance with entity policy;

(ii) Intervene when unsafe conditions of the medication indicate a medication should not be provided; and

(iii) Provide medication to recipients in accordance with their age and condition;

(H) Complying with limitations and conditions under which a medication aide or medication staff may provide medications , which includes the standard is knowing that the medication aide or medication staff must:

(i) Be competent, have been assessed, and if applicable, be listed on the Medication Aide Registry with an active status;

(ii) Always comply with the 5 rights of provision of medications;

(iii) Record all medication provided or refused; and

(iv) Have additional competencies to provide additional activities;

(I) Having knowledge of abuse and neglect reporting requirements, the standard is to identify:

(i) Occurrences of possible abuse of a vulnerable adult and report this information to the appropriate person or agency as required by the Adult Protective Services Act; and

(ii) Occurrences of possible abuse or neglect of a child and report this information to the appropriate person or agency as required by Child Protection and Family Safety Act; and

(J) Complying with every recipient's right to be free from physical and verbal abuse, neglect, and misappropriation or misuse of property; the standard is to not misuse recipient 's property or cause physical harm, pain, or mental anguish to recipients.

005.02CONDUCTING COMPETENCY ASSESSMENTS. Competency assessments must be conducted by a licensed health care professional or a registered medication aide.

005.02(A)CONDUCTED BY A MEDICATION AIDE. If the competency assessment is conducted by a medication aide, the competency assessment must be designed, directed, and reviewed by a licensed health care professional.

005.02(B)CONDUCTED BY A LICENSED HEALTH CARE PROFESSIONAL. A licensed health care professional who has designed and is directing the competency assessment must review the competency assessment process no less than 1 time per year. The review must include, but is not limited to, a measurement of the desired outcomes of the competency assessment. The licensed health care professional must maintain a record of the review for no less than 3 years from the date the review was conducted.

005.03COMPETENCY ASSESSMENT DOCUMENTATION. Persons offering competency assessments must provide the medication aide with documentation of successful completion of competency assessment. Documentation may be by letter, certificate, or other official record and must include:

(A) The name and social security number of the medication aide who successfully completed the competency assessment;

(B) The date the competency assessment was conducted; and

(C) The name, profession, and license number of the licensed health care professional who conducted or designed and directed the competency assessment.

005.0440-HOUR COURSE REQUIREMENTS. The 40-hour course for an assisted-living facility, intermediate care facility for individuals with intellectual disabilities (ICF/IID), and nursing homes must be on the competencies identified in 172 NAC 96-005.01.

005.04(A)ASSESSMENT.The assessment must meet the requirements of 172 NAC 96-005.01.

005.04(B)DOCUMENTATION OF COURSE COMPLETION. Individuals or entities offering a 40- hour course or the additional 20-hour course for those individuals who, prior to January 1, 2003, had completed a 20-hour course and passed an examination administered by the Department, must provide the medication aide with documentation of successful course completion. Documentation must include:

(i) The name and social security number of the individual who successfully completed the course;

(ii) The number of hours in the course and whether the course was the 40-hour assisted-living, intermediate care facility for individuals with intellectual disabilities (ICF/IID), or nursing home course, or the additional 20-hour course;

(iii) The date the course was successfully completed;

(iv) The name of the person or entity responsible for providing the course and determining successful completion; and

(v) The criteria set forth in 172 NAC 96-005.03.

172 Neb. Admin. Code, ch. 96, § 005

Amended effective 9/24/2022