68-1-904 - - Tennessee Statutes

68-1-904. “Medical care” and “medical service” defined and limited Unlicensed individuals administering medication.

(a)  “Medical care” and “medical service,” as used in this part, are intended to describe and define care or services rendered an individual for the relief of some disease or abnormality, and are intended to be distinguished from the services customarily rendered by health departments.

(b)  “Medical service” includes all legally authorized branches of healing as exist by any statute of Tennessee.

(c)  (1)  The department of finance and administration, division of intellectual disabilities services, may, based upon its determination of available resources and need, provide training for unlicensed individuals who administer medications to individuals incapable of self-administration. The training shall be provided only to unlicensed individuals who are employed by agencies that are both licensed under title 33 and under contract to provide residential or adult day programs for persons with mental retardation, and to unlicensed individuals employed by community-based licensed intermediate care facilities for the mentally retarded who will administer medication only at a location other than the community-based facility. The employees of the community-based licensed intermediate care facilities for the mentally retarded may additionally receive medication administration training specific to the person served. For the purposes of this subsection (c), when administered by employees of intermediate care facilities, medications shall be packaged in individual doses labeled with the name of the individual patient, the time of administration and the drug name and dosage.

     (2)  The department of children's services may, based on its determination of available resources and need, provide training for unlicensed individuals who assist children and youth with the self-administration of medication in group home settings. The training shall be provided only to those unlicensed individuals who are employed by agencies that are both licensed under title 37 and under contract to provide services to children in the department's custody in a group home setting.

     (3)  The unlicensed personnel referenced in subdivision (c)(1) shall not administer intravenous, intramuscular, and certain subcutaneous injectable medications, as defined by rule. The unlicensed personnel referenced in subdivision (c)(2) shall not assist with the self administration of vaginal medications, rectal medications, intravenous, intramuscular, and certain subcutaneous injectable medications, as defined by rule. The department of finance and administration, division of intellectual disabilities services, and the department of children's services, in consultation with the board of nursing, shall promulgate rules, including emergency rules, to provide for competency-based training, education, and appropriate monitoring of the unlicensed personnel covered by this subsection (c) who shall have the authority to perform the services provided for in this subsection (c), notwithstanding any other statute or rule. The unlicensed personnel shall be exempt from the licensing requirements contained in and rules promulgated pursuant to title 63, chapter 7, part 1.

[Acts 1939, ch. 102, § 4; C. Supp. 1950, § 328.4 (Williams, § 255.68d); T.C.A. (orig. ed.), § 53-204; Acts 1997, ch. 478, § 4; 2005, ch. 210, § 1; 2007, ch. 364, §§ 1, 2; 2009, ch. 477, § 1; 2009, ch. 566, § 12.]