67 : 61 : 08 : 08 . Administration of medications and controlled drugs. All medications and controlled drugs must be administered in a non-prohibited manner as set forth in SDCL 36-9-28 . Each agen c y shall establish written policies concerning the administration of all medications , including Schedule II, III, and IV drugs , and shall ensure that Schedule II, III, and IV drugs are administered only in accordance with those policies and only when authorized by a licensed physician.

Only a registered nurse, a licensed practical nurse, or an unlicensed assistive personnel who is trained and qualified, in accordance with chapter 20:48:04, may administer medications. Any person administering the medication shall record the name of the medication, the strength and quantity administered, and the time of administration in the client's case file, and shall sign the case record. A person may not administer medication that has been prepared for administration by another person.

The agency shall maintain a procedure for the immediate reporting of drug reactions and medication errors to the physician responsible for the client. The procedure must comply with the confidentiality of records requirements, as set forth in 42 U.S.C. § 290 dd-2, in effect on March 27, 2020, and 42 C.F.R. Part 2, in effect on January 18, 2017. The person responsible for a medication error shall complete and sign an entry in the client's case record and complete and sign an incident report form.

Source: 43 SDR 80 , effective December 5, 2016; 50 SDR 63, effective November 27, 2023 .

General Authority: SDCL 1-26-53, 34-20A-27 .

Law Implemented: SDCL 34-20A-27 .

Prior versions effective: 2016-12-05.