37.95.181 DAY CARE FACILITIES: MEDICATION ADMINISTRATION
(1) No day care employee, owner, or operator may administer any medication to a child without the written authorization of the parents including the child's name, date or dates for which the authorization is applicable, dosage instructions, and the signature of the child's parent or guardian.
(2) If an emergency arises and the parents or guardian of the child is unavailable, an employee, owner, or operator may administer medicine to a child if:
(a) a medical practitioner provides a written authorization containing the child's name, date or dates for which the authorization is applicable, dosage instructions, and the medical provider's signature; or
(b) a medical practitioner, emergency service provider, or 911 responder verbally directs the employee, owner, or operator of the day care facility to immediately administer a medicine to the child, in which case the child must then be transported to a health care facility or a medical practitioner for follow up care within a reasonable time by the child's parent or guardian or by an employee, owner, or operator of the day care facility.
(3) An employee, owner, or operator of a day care facility may not give medication to a child in a manner that is inconsistent with the container instructions on dosage or frequency unless directed to do so by a medical provider as provided in 52-2-736 , MCA.
(4) If the provider/facility elects to administer medication to children, the provider/facility must maintain the following documentation on site:
(a) A medication record which includes:
(i) the written authorization of the parents for the care-giver to administer medication;
(ii) the prescription by a health care provider if required; and
(iii) a medication administration log.
(b) A written medication administration policy which includes at a minimum:
(i) types of medication which may be administered; and
(ii) medication administration procedures to be followed, including the route of medication administration, the amount of medication given, and the times when medication is to be administered; and
(c) A health care and medication plan for children who may have special health care needs or those requiring medication for chronic health conditions which has been approved by a health care provider licensed in Montana.
History: 52-2-704, MCA; IMP, 52-2-704, 52-2-723, 52-2-731, 52-2-732, 52-2-733, 52-2-736, MCA; NEW, 2006 MAR p. 1424, Eff. 6/2/06.