D.C. Code § 21-1203

Current through codified legislation effective September 18, 2024
Section 21-1203 - Administration of medication to program participants by trained employees
(a) Notwithstanding any other law, rule, or regulation, a program employee who has been trained in accordance with § 21-1205(b) may administer prescription or nonprescription medication to a program participant in compliance with the signed, written instructions of a licensed practitioner if:
(1) The program participant, guardian, or parent has been notified of the administration of medication in writing.
(2) The trained employee is under the general supervision of a registered nurse who has been trained and certified pursuant to rules and regulations promulgated by the Mayor under § 21-1205(a), or has successfully completed a training program in medication administration approved by the State of Maryland or the Commonwealth of Virginia; and
(3) The program participant is incapable of self-administration of medication.
(b) Program employees who are trained to administer medication in accordance with this chapter shall be immune from civil liability arising from a wrongful act or omission in administering medication, except that they shall not be immune from civil liability if the wrongful act or omission in administering medication is intentional or manifests a willful or wanton disregard for the health or safety of the program participant to whom the medication is administered. Neither the District government nor the program shall be liable in circumstances where program employee is immune under this section, unless the conduct of the employee is gross negligence.
(c) Registered nurses who authorize or monitor the administration of medication, or provide training in accordance with this chapter, shall be immune from civil liability arising from a wrongful act or omission in authorizing or monitoring the administration of medication or providing training, except that they shall not be immune from civil liability if the wrongful act or omission in authorizing or monitoring the administration of medication or providing training is intentional or manifests a willful or wanton disregard for the health or safety of the program participant to whom the medication is administered. Neither the District government nor the program shall be liable in circumstances where the program employee is immune under this section, unless the conduct of the employee is gross negligence.

D.C. Code § 21-1203

Sept. 26, 1995, D.C. Law 11-52, § 601(b), 42 DCR 3684; Mar. 26, 1999, D.C. Law 12-175, § 1002(c), 45 DCR 7193; Oct. 20, 1999, D.C. Law 13-38, § 1202(c), 46 DCR 6373.