67 : 61 : 08 : 10 . Self-administration of medication or controlled drugs . A residential treatment program not employing a registered nurse , a licensed practical nurse , or unlicensed assistive personnel must make the controlled drug or medication available to a client for self-administration in accordance with the instructions of a licensed physician. The client shall self-administer the drug or medication , under the supervision of a designated employee who enters the name, strength, and quantity of the medication , and the time of self-administration , in the client's case record.

Clinically-managed, low-intensity residential treatment programs are exempt from the requirement of supervising the self-administration of over-the-counter drugs or medications. If the reasonable safety of all program clients is ensured, residential programs may allow clients to possess and self-administer, without supervision, those prescription medications that have been identified as allowable medications on a list developed specifically for the individual, in consultation with a licensed physician. The list of allowable medications must be reviewed at least annually, by a licensed physician. Any medication not identified on the list must be administered under supervision.

Each residential treatment program utilizing self-administration processes must establish a policy and procedures that outline these processes.

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

General Authority: SDCL 1-36-25 , 34-20A-27 .

Law Implemented: SDCL 34-20A-27 .

Prior versions effective: 2016-12-05.