New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 14 - ASSISTED LIVING FACILITIES FOR ADULTS › Section 8.370.14.34 - CUSTODIAL DRUG PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A facility with two or more residents that is licensed
				  pursuant to this rule and that assists with self-administration or safeguards
				  medications for residents shall have a current custodial drug permit issued by
				  the state board of pharmacy.
A.
Procurement, labeling and storage:
The facility shall provide
				assistance to the resident in obtaining the necessary medications, treatment
				and medical supplies as identified in the ISP. The facility shall procure,
				label and store medications for residents who require assistance with
				self-administration of medication in compliance with state and federal laws.
(1) All medications, including
				nonprescription drugs, shall be stored in a locked compartment or in a locked
				room, as approved by the board of pharmacy and the key shall be in the care of
				the administrator or designee.
(2)
				Internal medication shall be kept separate from external medications. Drugs to
				be taken by mouth shall be separated from all other delivery forms.
(3) A separate, locked refrigerator shall be
				provided by the facility for medications. The refrigerator temperature shall be
				kept in compliance with the state board of pharmacy requirements for
				medications.
(4) All medications,
				including nonprescription medications, shall be stored in separate compartments
				for each resident and all medications shall be labeled with the resident's
				name.
(5) A resident may be
				permitted to keep his or her own medication in a locked compartment in his or
				her room for self-administration, if the physician's order deems it
				appropriate.
(6) The facility shall
				not require the residents to purchase medications from any pharmacy.
(7) Medical gases (oxygen) and equipment used
				for the administration of inhalation therapy and for resuscitative purposes
				shall comply with the national fire protection association (NFPA) 99.
(8) A proof of use record shall be maintained
				separately for each schedule II through IV drug (controlled substances). The
				proof of use sheet shall document:
(a) the
				type and strength of the schedule II through IV drugs;
(b) the date and time staff assisted with
				self-administration;
(c) the
				resident's name;
(d) the
				prescriber's name;
(e) the
				dose;
(f) the signature of the
				person assisting with delivery of the medication; and
(g) the balance of medication
				remaining.
(9) Any
				remaining medication discontinued by a physician's order, or upon discharge or
				death of the resident shall be inventoried and moved to a separate locked
				storage container. Such discontinued medications shall be destroyed upon the
				next quarterly visit by the consulting pharmacist in accordance with
				16.19.11.10 NMAC.
(10) The record
				of medication destruction shall be signed by the administrator or designee and
				the pharmacist and shall be kept on file at the facility.