Cal. HSC § 1528.3 — California Code / Code hsc / Division 2 / Chapter 3 / Article 2.6 / Section 1528.3
Section 1528.3
Status: in_force

(a) Before administering intranasal emergency antiseizure medication prescribed to treat seizures in a client diagnosed with seizures, a seizure disorder, or epilepsy, the licensee shall be in receipt of a seizure action plan approved by the client or the client’s authorized representative that includes all of the following:

(1) A written authorization signed by the client, or if applicable, the client’s authorized representative, verifying that a seizure experienced by the client may be responded to at the licensed facility by a nonmedical professional who has received training pursuant to Section 1528.2, including through the administration of emergency antiseizure medication prescribed to the client. The authorization shall be effective for the calendar year in which it is granted and shall be renewed each calendar year, unless needed sooner.

(2) A copy of a written statement from the client’s health care provider that includes all of the following information:

(A) The client’s name.

(B) The name and purpose of the medication.

(C) The prescribed dosage.

(D) The method of administration.

(E) The frequency with which the medication may be administered.

(F) Detailed seizure symptoms, including frequency, type, or length of seizures, that identify when the administration of an intranasal emergency antiseizure medication becomes necessary.

(G) The circumstances under which the medication may be administered.

(H) Any potential adverse responses by the client and recommended mitigation actions, including when to call emergency services, including the emergency 911 telephone number.

(I) Protocols for observing and caring for the client after a seizure and after the administration of intranasal emergency antiseizure medication, including, but not limited to, both of the following:

(i) Whether the client should rest in a specific area or return to regular activities.

(ii) The length of time the client should be under direct observation.

(3) Clear instructions on how and where the intranasal emergency antiseizure medication should be stored at the licensed facility.

(b) The administrator or their designee shall document and maintain a copy of the client’s seizure action plan in compliance with all applicable state and federal privacy laws.

(c) The licensee shall maintain with the client’s seizure action plan a description of how the licensee will coordinate care for the client in the absence of an administrator or authorized volunteer and what actions will be taken to ensure the continued safety of the client.

(d) The licensee shall maintain the client’s seizure action plan and the description required by subdivision (c) in accordance with the requirements of Section 80070 of Title 22 of the California Code of Regulations for adult residential facilities and Section 82070 of Title 22 of the California Code of Regulations for adult day programs.

(e) If an administrator or authorized volunteer administers intranasal emergency antiseizure medication pursuant to this article, the administrator or their designee shall maintain a record of each dose administered in a manner consistent with the documentation of medications provided to a client for self-administration in accordance with Title 22 of the California Code of Regulations.

(f) Intranasal emergency antiseizure medication prescribed for the client shall be provided to the licensee with the label affixed by the dispensing pharmacy intact.