3. Jail nursing staff change - Laserfiche WebLink

LETTER OPINION 2004-L-20 March 8, 2004 Page 2 administration, the licensed nurse must establish in writing a process for providing supervision 1 in order to provide appropriate safeguards for the medication recipients. Id. Section 54-07-05-02(2), N.D.C.C., defines a "medication assistant" to mean "an individual who has a current registration as a nurse assistant, has successfully completed an approved medication assistant program, has demonstrated competency in the administration of routine, regularly scheduled medications, and possesses a current registration from the board as a medication assistant." Chapter 54-07-05, N.D.AC., includes the requirements for registration as a medication assistant and allowable types of medication administration by a medication assistant. Ch. 54-07-06.1, N.D.AC., and 54-07-07 include the requirements for board-approved medication assistant programs. It is my opinion that medication administration in a county detention center must be by a nurse licensed under N.D.C.C. ch. 43-12.1; by some other licensed person acting within the scope of his or her license; or by a medication assistant acting pursuant to appropriate delegation from a licensed nurse under rules adopted by the Board of Nursing. That person must have completed a board-approved program of medication administration and possess a current registration from the board as a medication assistant. You also asked a follow up question concerning whether these requirements also apply to the distribution of nonprescription medications. Significant changes were made to the laws governing nursing in 1995. Prior to the 1995 changes, the practice of nursing as a licensed practical nurse included "[a]dministering prescribed medications." 1995 N.D. Sess. Laws ch. 403, S 3. After the 1995 changes, "nursing" was defined as including "medication administration" without including a specific limitation to prescriptions. kl Neither the context of this change nor the legislative history provides a clear indication whether the Legislature intended to change the definition of nursing to include the administration of non-prescription medications. See City of FarQo v. Annexation Review Commission, 148 N.W.2d 338, 349 (N.D. 1966) (mere changes of phraseology in a revision or recodification of the law do not operate to change the meaning of a statute unless the changes clearly and unmistakably manifest a legislative intent to change the law). Further, the Board of Nursing has promulgated a definition of "medication administration" which does not indicate an intent to regulate medications that are routinely self-administered by the general public. N.D.AC. S 54-01-03-01 (29) (limiting this definition to only those clients whose use of the medication must be evaluated and 1 Supervision may be either direct or indirect as required by the nurse's professional judgment, and indirect supervision includes being available through periodic inspection and evaluation, telecommunication, or both, for direction, consultation and collaboration. N.D.AC. S 54-01-03-01 (51).