Is this legal?

  1. 0
    We have a quadriplegic patient that has home care aides for most of the day, the RN sets up his medications for the week and the aides put the medications in his mouth to swallow. I think they are also taking PRN medications out of the prescription bottles and administering. I thought aides in home care could only give patients reminders, not actually put the medication in the patients mouth. My DON said it's fine if it came from a med set up, anyone know for sure??? He has a wife, so I don't know why the aides are doing it anyways.
  2. 11 Comments so far...

  3. 0
    I am surprised that your DON admits to encouraging this.
  4. 0
    Quote from caliotter3
    I am surprised that your DON admits to encouraging this.
    This patient brings in a lot of cash for the agency between nursing and HCA services and they cater to him big time. The nurses have to go out and do a 930pm visits for him daily after working all day, because that's when he wants his suppository. I think it's ridiculous and on Friday I told them I refuse to do it anymore, unless I'm on-call.

    Anyway, Like I said, is it legal for an aide in home care allowed to "administer" medications from a medication set up? Forget the PRN's for a minute or family involved.
  5. 0
    Is this a private duty agency or Medicare-certified? From your description, it sounds like a private duty agency and I'm not familiar with those regulations. My initial thought would be that it probably depends on your state law regarding the administration of meds by non-licensced personnel. Some states allow non-licensed personnel, such as aides, to administer certain meds in specific settings. Other states prohibit the administration of meds by anyone except a licensed nurse or physician. The best thing to do is to check into your specific state law regarding the administration of meds by non-licensed personnel.

    With Medicare-certified agencies, the Conditions of Participation state that aides can provide services that are ordered by a physician in the POC and the aide is permitted to perform under state law. So again, it would go back to your specific state law.
  6. 0
    Check your state regs. If you're in Florida, then no, this is not legal.
  7. 0
    I'm in Ohio and this is a Medicare-certified agency, but his services are paid for by workers compensation. I'll have to look into it more I guess if it is state law that governs this regulation. Thanks
  8. 0
    It's not allowed at our Medicaid agency. We found out the family was crushing the meds and having the HHA's put it in the patients apple sauce and feeding it to her and stopped that. They can't even put OTC ointments on a patients skin.

    Kyasi
  9. 0
    Quote from RN1263
    This patient brings in a lot of cash for the agency between nursing and HCA services and they cater to him big time. The nurses have to go out and do a 930pm visits for him daily after working all day, because that's when he wants his suppository. I think it's ridiculous and on Friday I told them I refuse to do it anymore, unless I'm on-call.

    Anyway, Like I said, is it legal for an aide in home care allowed to "administer" medications from a medication set up? Forget the PRN's for a minute or family involved.
    It's going to depend on your State's Home Health Regs.
    In many States, with delegation, it is perfectly legal for HHAs to administer all types of meds (oral/Ng/Gt/insulins) either from a mediset or directley from the bottles.
  10. 0
    Before I became a nurse I was a home aide, and was Nurse Delegated by state law and it was acceptable to give meds as long as I was delegated (taught by an RN) to do so. Washington State.
  11. 0
    If you discover that it is legal in your state, then the next step is to find out if it is a) allowed per your agency's Policy and Procedure Manual and b) allowed by your liability carrier.

    If all of the above are in place, then I would want to know what competencies are being tested prior to an unlicensed person being allowed to give medications.


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