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<br />LETTER OPINION <br />2004-L-20 <br /> <br />March 8, 2004 <br /> <br />Mr. Richard Riha <br />Burleigh County State's Attorney <br />514 E Thayer Ave <br />Bismarck, NO 58501-4413 <br /> <br />Dear Mr. Riha: <br /> <br />Thank you for your letter asking whether detention center personnel are required to <br />have some specialized training and be licensed or certified before they may administer <br />medication to inmates. <br /> <br />"This office has consistently found that the prescription and administration of medication <br />is so inimically connected to the health of the public that it is for the Legislature to <br />determine which persons are authorized to prescribe or administer medication." <br />N.D.AG. 99-F-09. Medication administration is included within the definition of nursing. <br />N.D.C.C. S 43-12.1-02(5)(c). There are exceptions to N.D.C.C. ch. 43-12.1, but daily <br />correctional facility operations do not fall within these exceptions. See N.D.C.C. <br />S 43-12.1-04. One exception that may apply to medication administration in detention <br />centers is N.D.C.C. S 43-12.1-04(8). That section allows a person licensed or <br />registered under Title 43 and who is carrying out the therapy or practice for which that <br />person is licensed or registered, such as a physician, podiatrist, optometrist, or dentist, <br />to administer medication. <br /> <br />In addition to the exceptions in N.D.C.C. S 43-12.1-04, a licensed nurse may delegate <br />and supervise medication administration to medication assistants who have completed <br />a prescribed training program in medication administration or who have been delegated <br />to deliver specific medication to a specific client. N.D.AC. ch. 54-07-05; N.D.AC. <br />S 54-07-05-01. These medications must not require determination of need, drug <br />calculation, or dosage conversion. lQ., Medication administration in acute care settings <br />or for individuals with unstable or changing nursing care needs may not be delegated. <br />kL The licensed nurse must be available to monitor the client's progress and the <br />effectiveness of the prescribed medication regimen. ~ In a licensed nursing facility, <br />the nurse must be in the unit and available for immediate direction. N.D.AC. <br />954-07-05-04. In any other setting where a licensed nurse delegates medication <br />