(Board of Pharmacy)
Purpose: The rules recognize that individuals residing in community-based care settings or in-home settings may need assistance self-administering their legend drugs and controlled substances due to physical or mental limitations. The rules set the standards for medication assistance in these settings.
Citation of Existing Rules Affected by this Order: Repealing WAC 246-888-040; and amending WAC 246-888-010, 246-888-020, 246-888-030, and 246-888-070.
Statutory Authority for Adoption: Chapter 69.41 RCW, RCW 18.64.005.
Adopted under notice filed as WSR 04-08-097 on April 6, 2004.
Changes Other than Editing from Proposed to Adopted Version: The proposed version of the rule was amended to clarify that the rule only applies to assistance with legend drugs and controlled substances.
An administrative correction was also made to recodify WAC 246-888-040 to 246-888-045.
A final cost-benefit analysis is available by contacting Lisa Salmi, P.O. Box 47863, Olympia, WA 98504, phone (360) 236-4828, fax (360) 586-4359, e-mail Lisa.Salmi@doh.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 11, 2004.
AMENDATORY SECTION(Amending WSR 00-01-123, filed 12/17/99, effective 1/17/00)
WAC 246-888-010 Purpose. The legislature recognizes that individuals residing in community-based care settings or ((
their own homes,)) in-home settings may need assistance
self-administering their (( medications,)) legend drugs and
controlled substances, due to physical or mental limitations.
Community-based care settings include: Community residential programs for the developmentally disabled, certified by the department of social and health services under chapter 71A.12 RCW; adult family homes licensed under chapter 70.128 RCW; and boarding homes licensed under chapter 18.20 RCW. Community-based care settings do not include acute care or skilled nursing facilities.
In-home settings include: An individual's place of temporary and permanent residence, but does not include acute care or skilled nursing facilities, and does not include community-based care settings. The following rules provide guidance to the individual/resident and caregiver on medication assistance and administration.
[Statutory Authority: RCW 18.64.005 and 69.41.085. 00-01-123, § 246-888-010, filed 12/17/99, effective 1/17/00.]
Independent self-administration occurs when an
individual/resident is independently able to directly apply a
legend drug or controlled substance by ingestion, inhalation,
injection or other means. In licensed boarding homes,
self-administration may include situations in which an
individual cannot physically self-administer medications but
can accurately direct others per WAC ((
388-78A-300. These regulations do not limit the rights of
people with functional disabilities to self direct care
according to chapter 74.39 RCW.
If an individual/resident is not able to physically ingest or apply a medication independently or with assistance, then the medication must be administered to the individual/resident by a person legally authorized to do so (e.g., physician, nurse, pharmacist). All laws and regulations applicable to medication administration apply. If an individual/resident cannot safely self-administer medication or self-administer with assistance and/or cannot indicate an awareness that he or she is taking a medication, then the medication must be administered to the individual/resident by a person legally authorized to do so.
[Statutory Authority: RCW 18.64.005 and 69.41.085. 00-01-123, § 246-888-020, filed 12/17/99, effective 1/17/00.]
No additional separate assessment or documentation of the needs of the individual/resident are required in order to initiate self-administration with assistance. It is recommended that providers document their decision making process in the health record of the individual or resident health record.
[Statutory Authority: RCW 18.64.005 and 69.41.085. 00-01-123, § 246-888-030, filed 12/17/99, effective 1/17/00.]
[Statutory Authority: RCW 18.64.005 and 69.41.085. 00-01-123, § 246-888-070, filed 12/17/99, effective 1/17/00.]
The following section of the Washington Administrative Code is repealed:
|WAC 246-888-040||What if there is a change in the individual's situation?|
The following sections of the Washington Administrative Code are recodified as follows:
|Old WAC Number||New WAC Number|