Ohio Revised Code
Chapter 5166 | Federal Medicaid Waiver Programs
Section 5166.308 | Nursing Assistance by Home Care Attendants; Unauthorized Actions.

Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
When authorizing a home care attendant to assist a consumer with nursing tasks or self-administration of medication, a health care professional may not authorize a home care attendant to do any of the following:
(A) Perform a task that is outside of the health care professional's scope of practice;
(B) Assist the consumer with the self-administration of a medication, including a schedule II, schedule III, schedule IV, or schedule V drug unless both of the following apply:
(1) The medication is administered orally, topically, or via a gastrostomy tube or jejunostomy tube, including through any of the following:
(a) In the case of an oral medication, a metered dose inhaler;
(b) In the case of a topical medication, including a transdermal medication, either of the following:
(i) An eye, ear, or nose drop or spray;
(ii) A vaginal or rectal suppository.
(c) In the case of a gastrostomy tube or jejunostomy tube, only through a pre-programmed pump.
(2) The medication is in its original container and the label attached to the container displays all of the following:
(a) The consumer's full name in print;
(b) The medication's dispensing date, which must not be more than twelve months before the date the attendant assists the consumer with self-administration of the medication;
(c) The exact dosage and means of administration that match the health care professional's authorization to the attendant.
(C) Assist the consumer with the self-administration of a schedule II, schedule III, schedule IV, or schedule V medication unless, in addition to meeting the requirements of division (B) of this section, all of the following apply:
(1) The medication has a warning label on its container.
(2) The attendant counts the medication in the consumer's or authorized representative's presence when the medication is administered to the consumer and records the count on a form used for the count as specified in rules adopted under section 5166.02 of the Revised Code.
(3) The attendant recounts the medication in the consumer's or authorized representative's presence at least monthly and reconciles the recount on a log located in the consumer's clinical record.
(4) The medication is stored separately from all other medications and is secured and locked at all times when not being administered to the consumer to prevent unauthorized access.
(D) Perform an intramuscular injection;
(E) Perform a subcutaneous injection unless it is for a routine dose of insulin;
(F) Program a pump used to deliver a medication unless the pump is used to deliver a routine dose of insulin;
(G) Insert, remove, or discontinue an intravenous access device;
(H) Engage in intravenous medication administration;
(I) Insert or initiate an infusion therapy;
(J) Perform a central line dressing change.

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