A foster care agency must comply with all of the following requirements:

1. (1) Policy and procedures. The foster care agency must have policies and procedures that cover prescriptions, herbal remedies, and all non-prescription medications that address all of the following:

   1. (a) How the medication will be administered.
   2. (b) By whom the medication will be administered.
   3. (c) How the staff of the foster care agency and the proctor foster home parents who administer medication will be trained.
   4. (d) How the administration of medication will be documented.
   5. (e) How the administration of medication will be monitored.
   6. (f) How unused medication will be disposed of.
   7. (g) The process that ensures that each child in care's prescription and non-prescription medications are reviewed, unless the medications are all provided through a single pharmacy. As used in this rule, "non prescription medication" means any medication that does not require a written prescription for purchase or dispensing.
   8. (h) How the foster care agency and the proctor foster home will ensure compliance with OAR 413-070-0470 if it serves children in Department custody.
2. (2) A prescription, signed by a physician or qualified health professional, is required before any prescription medication is administered to, or self-administered by a child in care. Medications prescribed for one child in care may not be administered to, or self-administered by another child in care, proctor foster home, or staff. As used in this rule "self administration of medication" refers to the act of a resident placing a medication internally in, or externally on, their own body.
3. (3) A written order, signed by a physician or qualified health professional, is required for any medical treatment, special diet, physical therapy, aid to physical functioning, or limitation of activity.
4. (4) Before a foster care agency permits a child in care to self-administer prescription medication, self-administration must be recommended by the foster care agency, approved in writing by a physician, and closely monitored by the proctor foster home parent or the staff of the foster care agency.

5. (5) Medication storage.

   1. (a) Prescription medications that are unused and medication that is outdated or recalled may not be maintained in a proctor foster home. "Outdated" means any medication whose designated period of potency, as indicated on the label, has expired.
   2. (b) The proctor foster home may maintain a stock supply of non-prescription medications.
   3. (c) All prescription and non-prescription medications stored in the proctor foster home must be kept in a manner that they are inaccessible to children in care.
   4. (d) Medications requiring refrigeration must be refrigerated and secured.
   5. (e) Medications must be maintained and stored in its original container, including the prescription label.
6. (6) Medication disposal. Medications must be disposed of in a manner that ensures that they cannot be retrieved, in accordance with all applicable state and federal law.

7. (7) A written record of all medication disposals must be maintained and must include all of the following:

   1. (a) A description of the prescribed medication and the amount disposed.
   2. (b) The child in care for whom the medication was prescribed.
   3. (c) The reason for disposal.
   4. (d) The method of disposal.
   5. (e) The name of the person disposing the medication, and the initials of an adult witness.

8. (8) Medication records. A written record must be kept for each child in care listing all medications, both prescription and over-the-counter, that is administered. The record must include all of the following:

   1. (a) The name of the child in care.
   2. (b) A description of the medication, instructions for use, and the recommended dosage.
   3. (c) Dates and times medication is administered.
   4. (d) A record of missed dosages.
   5. (e) Medication dropped or disposed of.
   6. (f) Method of administration for each medication.
   7. (g) Identification of person administering the medication.
   8. (h) Any possible adverse reactions to the medication.
   9. (i) Documentation of any medication taken out of the proctor foster home by a child in care during a home visit or other activity.
9. (9) Where applicable, the foster care agency must maintain documentation of the continuing evaluation of the ability of the child in care to self-administer a medication.

Statutory/Other Authority

ORS 409.050, ORS 418.240 & ORS 418.005

Statutes/Other Implemented

ORS 418.205 - 418.325

History

CWP 26-2022, renumbered from 413-215-0381, filed 11/28/2022, effective 12/01/2022
CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019
CWP 22-2016, f. & cert. ef. 12-1-16
CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
CWP 31-2008, f. & cert. ef. 10-17-08