245G.08 MEDICAL SERVICES.

§

Subdivision 1.Health care services.

An applicant or license holder must maintain a complete description of the health care services, nursing services, dietary services, and emergency physician services offered by the applicant or license holder. §

Subd. 2.Procedures.

The applicant or license holder must have written procedures for obtaining a medical intervention for a client, that are approved in writing by a physician who is licensed under chapter 147, advanced practice registered nurse who is licensed under chapter 148, or physician assistant who is licensed under chapter 147A, unless:

(1) the license holder does not provide a service under section 245G.21; and

(2) a medical intervention is referred to 911, the emergency telephone number, or the client’s physician, advanced practice registered nurse, or physician assistant. §

Subd. 3.Emergency overdose treatment.

A license holder must follow the emergency overdose treatment requirements in section 245A.242. §

Subd. 4.Consultation services.

The license holder must have access to and document the availability of a licensed mental health professional to provide diagnostic assessment and treatment planning assistance. §

Subd. 5.Administration of medication and assistance with self-medication.

(a) A license holder must meet the requirements in this subdivision if a service provided includes the administration of medication.

(b) A staff member, other than a licensed practitioner or nurse, who is delegated by a licensed practitioner or a registered nurse the task of administration of medication or assisting with self-medication, must:

(1) successfully complete a medication administration training program for unlicensed personnel through an accredited Minnesota postsecondary educational institution. A staff member’s completion of the course must be documented in writing and placed in the staff member’s personnel file;

(2) be trained according to a formalized training program that is taught by a registered nurse and offered by the license holder. A staff member’s completion of the training must be documented in writing and placed in the staff member’s personnel records; or

(3) demonstrate to a registered nurse competency to perform the delegated activity. A registered nurse must be employed or contracted to develop the policies and procedures for administration of medication or assisting with self-administration of medication, or both.

(c) A registered nurse must provide supervision as defined in section 148.171, subdivision 23. The registered nurse’s supervision must include, at a minimum, monthly on-site supervision or more often if warranted by a client’s health needs. The policies and procedures must include:

(1) a provision that a delegation of administration of medication is limited to a method a staff member has been trained to administer and limited to:

(i) a medication that is administered orally, topically, or as a suppository, an eye drop, an ear drop, an inhalant, or an intranasal; and

(ii) an intramuscular injection of an opiate antagonist as defined in section 604A.04, subdivision 1, or epinephrine;

(2) a provision that each client’s file must include documentation indicating whether staff must conduct the administration of medication or the client must self-administer medication, or both;

(3) a provision that a client may carry emergency medication such as nitroglycerin as instructed by the client’s physician, advanced practice registered nurse, or physician assistant;

(4) a provision for the client to self-administer medication when a client is scheduled to be away from the facility;

(5) a provision that if a client self-administers medication when the client is present in the facility, the client must self-administer medication under the observation of a trained staff member;

(6) a provision that when a license holder serves a client who is a parent with a child, the parent may only administer medication to the child under a staff member’s supervision;

(7) requirements for recording the client’s use of medication, including staff signatures with date and time;

(8) guidelines for when to inform a nurse of problems with self-administration of medication, including a client’s failure to administer, refusal of a medication, adverse reaction, or error; and

(9) procedures for acceptance, documentation, and implementation of a prescription, whether written, verbal, telephonic, or electronic. §

Subd. 6.Control of drugs.

A license holder must have and implement written policies and procedures developed by a registered nurse that contain:

(1) a requirement that each drug must be stored in a locked compartment. A Schedule II drug, as defined by section 152.02, subdivision 3, must be stored in a separately locked compartment, permanently affixed to the physical plant or medication cart;

(2) a documentation system that accounts for all Schedule II to V drugs listed in section 152.02, subdivisions 3 to 6;

(3) a procedure for recording the client’s use of medication, including the signature of the staff member who completed the administration of the medication with the time and date;

(4) a procedure to destroy a discontinued, outdated, or deteriorated medication;

(5) a statement that only authorized personnel are permitted access to the keys to a locked compartment;

(6) a statement that no legend drug supply for one client shall be given to another client; and

(7) a procedure for monitoring the available supply of an opiate antagonist as defined in section 604A.04, subdivision 1, on site and replenishing the supply when needed.

History:

1Sp2017 c 6 art 8 s 21; 1Sp2019 c 9 art 6 s 20; 2020 c 115 art 4 s 85-87; 2022 c 58 s 107-109; 2022 c 98 art 12 s 11; 2023 c 61 art 5 s 7; 2024 c 127 art 62 s 33,34; 2025 c 38 art 5 s 18

History: History: 1Sp2017 c 6 art 8 s 21; 1Sp2019 c 9 art 6 s 20; 2020 c 115 art 4 s 85-87; 2022 c 58 s 107-109; 2022 c 98 art 12 s 11; 2023 c 61 art 5 s 7; 2024 c 127 art 62 s 33,34; 2025 c 38 art 5 s 18