(a)

1. (1) A beneficiary, or, if applicable, the beneficiary’s legal guardian, can self-administer medication.
2. (2) When a beneficiary or legal guardian chooses to self-administer medication, a provider must obtain a signed and dated election to self-administer medication that is renewed on an annual basis.

(b)

1. (1) A provider can administer medication only as:

   1. (A) Provided in the beneficiary’s medication management plan; or
   2. (B) Otherwise ordered by:

(i) A physician; or

1. (ii) Other health care professional authorized to prescribe or otherwise order the administration of medication.

2. (2) A provider must administer medication in accordance with the Nurse Practice Act and the Consumer Directed Care Act, Acts 2005, No. 1440.

   1. (c)

3. (1)

   1. (A) A provider must develop a medication management plan for any non-self-administered prescribed and over-the-counter medication that is to be administered during the time the beneficiary is receiving a CES Waiver service.
   2. (B) A medication management plan does not have to be a standalone document, and may be included within the beneficiary’s non-clinical treatment plan, medication log, or other document.

4. (2) A medication management plan must include without limitation:

   1. (A) The name of each medication;
   2. (B) The name of the prescribing physician or other health care professional if the medication is by prescription;
   3. (C) A description of the symptom or symptoms to be addressed by each medication;

   4. (D) How each medication will be administered, including without limitation:

      1. (i) Time or times of administration;
      2. (ii) Dose or doses; and
      3. (iii) Route of administration, and persons who may lawfully administer each medication;
   5. (E) A list of the most common potential side effects caused by each medication; and

   6. (F) The consent to the administration of each medication by the beneficiary, or, if applicable, the beneficiary’s legal guardian.

      1. (d)
5. (1) A provider must maintain a medication log for each beneficiary to document all non-self-administered prescribed and over-the-counter medications.

6. (2) A medication log must be available at each location a beneficiary receives CES Waiver services and must document the following for each administration of a medication:

   1. (A) The name and dosage of medication administered;
   2. (B) The route of medication administration;
   3. (C) The date and time the medication was administered;
   4. (D) The name of each employee who administered the medication or assisted in the administration of the medication;
   5. (E) If an over-the-counter medication administered for a specific symptom, the specific symptom addressed, and the effectiveness of the medication;
   6. (F) Any adverse reaction or other side effect caused by the medication;
   7. (G) Any transfer of medication that is not self-administered from the medication’s original container into individual dosage containers;
   8. (H) Any error in administering the medication; and
   9. (I) The prescription and the name of the prescribing physician or other health care professional if the medication was not previously listed in the medication management plan.

7. (3) All medication errors must be:

   1. (A) Immediately reported to a supervisor;
   2. (B) Documented in the medication log; and
   3. (C) Reported as required under all applicable laws and rules including without limitation the laws and rules governing controlled substances.
8. (4) A supervisory level employee must review and sign each medication log on at least a monthly basis.

(e) All medications stored for a beneficiary by a provider must be:

1. (1) Kept in the original medication container unless the beneficiary, or, if applicable, the beneficiary’s legal guardian, transfers the medication into individual dosage containers;
2. (2) Labeled with the beneficiary’s name; and
3. (3) Stored in an area, medication cart, or container that is always locked.

(f) If a medication stored by a provider is no longer to be administered to the beneficiary, then the medication must be:

1. (1) Returned to the beneficiary’s legal guardian, if applicable;
2. (2) Destroyed; or
3. (3) Otherwise disposed of in accordance with applicable laws and rules.