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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 6TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 163COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
RULE §163.39Residential Services

    (H) Medications that are discontinued, have expired dates, or are no longer in use shall be stored in a separate locked container or drawer until destroyed.

    (I) Facilities that allow residents to keep medications in the resident's possession shall have written guidelines specific for keep-on-person medications. Staff shall ensure that authorized residents keep medication on their person or safely stored and inaccessible to other residents.

  (8) Medication Inventory and Disposal.

    (A) Facility staff shall conduct an inventory count of all controlled/scheduled medications daily, at a minimum, once per 24-hour period. The count shall be conducted and witnessed by one other staff member. Documentation of inventory counts shall be maintained for a minimum of three years.

    (B) The facility shall conduct a monthly inventory of all prescription and OTC drugs provided to or purchased by the resident. The monthly audit shall be conducted by a staff member who is not responsible for conducting the daily inventory counts.

    (C) A monthly audit shall be conducted of all medication administration records to verify the accuracy of recorded information. The monthly audit of medication administration records shall be conducted by a staff member who is not responsible for the documentation of medication administration records.

    (D) When a discrepancy is noted between the medication administration record and the monthly inventory count, documentation explaining the reason for the discrepancy and action taken to correct it shall be recorded. In the event an inventory count reveals unaccounted for controlled/scheduled medication, an investigation shall be conducted and a summary report written detailing the steps taken to resolve the matter. Until the discrepancy is resolved, an inventory count shall be conducted three times daily, after each shift. The summary report shall be maintained for a minimum of three years. If misapplication, misuse, or misappropriation of controlled/scheduled medication leads to an investigation by law enforcement, such information shall be reported pursuant to subsection (i) of this rule.

    (E) Discontinued and outdated medications shall be removed from the current medication storage, stored in a separate locked container, and disposed of within 30 days. The drugs designated for disposal shall be recorded on a drug disposal form.

    (F) Methods used for drug disposal shall prevent medication from being retrieved, salvaged, or used in any way. The disposal of drugs shall be conducted, documented, and the process witnessed by one other staff member. The documentation shall include:

      (i) Name of the resident and date of disposal;

      (ii) Name and strength of the medication;

      (iii) Prescription number, sample, or OTC lot numbers;

      (iv) Amount disposed, reason for disposal, and the method of disposal; and

      (v) Signatures of the two staff members who disposed of the drug and witnessed the disposal.

  (9) Administration of Medication for Non-Medical Model Facilities.

    (A) Prescription medications shall be dispensed only by licensed nurses or other staff who are trained and have the appropriate documented medication certification to dispense medications while under the supervision of a physician or registered nurse. Facilities that do not have licensed nurses or other credentialed staff to dispense medications, non-medical model facilities, shall implement the practice of self-administration of medications.

    (B) If medications are dispensed through the practice of self-administration in a non-medical model program, staff trained by a qualified health professional to supervise residents in the self-administration of medications shall monitor the residents during the self-administration process.

    (C) Each dose of prescription medication received by the resident shall be documented on the prescription medication administration record and maintained in the resident's medical file. The prescription medication record shall include:

      (i) Name of the resident receiving the medication;

      (ii) Drug allergies or the absence of known drug allergies;

      (iii) Name, strength of medication, and route of administration;

      (iv) Instructions for taking the medication, the amount taken, and the route of administration;

      (v) Date and time the medication was provided;

      (vi) Prescription number, or lot number for sample drugs, and the initial amount of medication received;

      (vii) Prescribing physician, advanced practice nurse or physician assistant, and the name of the pharmacy;

      (viii) Signature of the resident receiving the medication and the staff member supervising the self-administration of medication;

      (ix) The remaining amount of medication after each dose dispensed; and

      (x) Comment section for recording a variance, discrepancy, or change.

    (D) Each dose of OTC medication received by the resident shall be documented on the OTC medication administration record and maintained in the resident's medical file. The OTC drugs purchased by the resident or supplied for the resident in quantities larger than single dose packages shall be recorded on the OTC drug record. The OTC drug record shall include:

      (i) The resident's name;

      (ii) The name and strength of the medication dispensed;

      (iii) Drug allergies or the absence of known drug allergies;

      (iv) The dosage instructions and route of administration;

      (v) The initial amount received, OTC lot number, and the expiration date;

      (vi) The date and time the medication was dispensed;

      (vii) The amount dispensed and the ending count after each dose;

      (viii) Comment section for recording reason for OTC drug or other notations; and

      (ix) The signature of the resident and the employee who supervised each dose dispensed.

    (E) Facility Stock OTC Drugs. Multiple OTC stock drugs supplied in single dose packaging may be recorded on the same form. The medication drug record for facility stock OTC drugs shall include:

      (i) The resident's name;

      (ii) The name, strength, and route of administration;

      (iii) Drug allergies or the absence of known drug allergies;

      (iv) The date, time, amount dispensed, and the lot number on the container;

      (v) Comment section to record the reason the OTC drug was requested; and

      (vi) The signature of the resident and the employee who supervised each dose dispensed.

  (10) Training for Monitoring Self-Administration of Medications. All residential employees responsible for supervising residents in self-administration of medication, who do not have credentials to dispense medication, shall complete required training before performing this task.

    (A) The initial training for new employees shall be four hours in length.

    (B) Employees shall complete a minimum of two hours of review training annually thereafter.

    (C) The training shall be provided by a physician, pharmacist, physician assistant, or registered nurse before supervising self-administration of medications. A licensed vocational nurse or paramedic, under supervision, may teach the course from an established curriculum. Topics to be covered shall include:

      (i) Prescription labels;

      (ii) Medical abbreviations;

      (iii) Routes of administration;

      (iv) Use of drug reference materials;

      (v) Monitoring and observing insulin preparation and administration;

      (vi) Storage, maintenance, handling, and destruction of medication;

      (vii) Transferring information from prescription labels to the medication administration record and documentation requirements, including sample medications; and

      (viii) Procedures for medication errors, adverse reactions, and side effects.

  (11) Female Residents. If female residents are housed, access to pregnancy management services shall be available.

  (12) Mental Health. Access to mental health services shall be available to residents.

  (13) Suicide Prevention. Each facility shall have a written suicide prevention and intervention program reviewed and approved by a qualified medical or mental health professional. All staff with resident supervision responsibilities shall be trained in the implementation of the suicide prevention program.

  (14) Personnel.

Cont'd...

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