5123:2-6-07 General provisions and compliance in the administration of prescribed medications, performance of health-related activities, and performance of tube feedings.

 

 

 

 

 

 

 

 

 

NOTICE OF PUBLIC HEARING

 

 

The Ohio Department of Developmental Disabilities hereby gives notice of its intent to rescind and adopt the following rules of the Administrative Code on a permanent basis on or about April 24, 2016, and to conduct a public hearing thereon.

 

The seven rules that comprise Chapter 5123:2-6 of the Administrative Code are due for five-year review:

 

Rule 5123:2-6-01 entitled Definitions sets forth definitions that apply to rules 5123:2-6-02 to 5123:2-6-07 of the Administrative Code.

 

Rule 5123:2-6-02 entitled Self-Administration or Assistance with the Self-Administration of Prescribed Medication sets forth requirements for self-administration of medication by individuals with developmental disabilities.

 

Rule 5123:2-6-03 entitled Authorization of MR/DD Personnel to Administer Prescribed Medications, Perform Health-Related Activities, or Perform Tube Feedings authorizes developmental disabilities personnel to administer prescribed medications, perform health-related activities, and perform tube feedings.

 

Rule 5123:2-6-04 entitled Qualifications, Training, and Certification of Registered Nurses to Train MR/DD Personnel in the Administration of Prescribed Medications, Performance of Health- Related Activities, and Performance of Tube Feedings sets forth qualifications and training for Registered Nurses who train developmental disabilities personnel to administer prescribed medications, perform health-related activities, and perform tube feedings.

 

 

 

1

 

 

 

 

 

 

 

 

 

Rule 5123:2-6-05 entitled Qualifications and Training for Registered Nurses to Train MR/DD Personnel and for MR/DD Personnel in the Administration of Prescribed Medications and the Performance of Tube Feedings for Individuals of a Residential Facility With Seventeen or More Beds Who are on a Field Trip From the Facility sets forth requirements for Registered Nurses who train developmental disabilities personnel to administer prescribed medications to individuals living in a residential facility with 17 or more beds who are on a field trip.

Rule 5123:2-6-06 entitled Qualifications, Training, and Certification of MR/DD Personnel in the Administration of Prescribed Medications, Performance of Health-Related Activities, and Performance of Tube Feedings sets forth qualifications and training for developmental disabilities personnel to be certified to administer prescribed medications and perform health-related activities.

Rule 5123:2-6-07 entitled General Provisions and Compliance in the Administration of Prescribed Medications, Performance of Health- Related Activities, and Performance of Tube Feedings sets forth requirements for developmental disabilities personnel to administer prescribed medications and perform health-related activities.

The Department is implementing revisions to the rules based on recommendations made by nurses working in the developmental disabilities service delivery system.  Although the revisions are primarily clean-up, they affect more than 50 percent of each rule. For that reason, the Department is proposing to rescind the existing seven rules and adopt seven new replacement rules.  Revisions include:

·         Eliminated use of "mental retardation."

·         Incorporated more consistent wording and paragraph structure.

·         Updated wording to reflect current practice (e.g., replaced "The Department shall establish an online internet based database" with "The Department shall operate and maintain the Medication Administration Information System database").

·         Added clarification on points that have been causing confusion (e.g., steps to be taken when an individual is assessed to be unable to self- administer prescribed medication).

·         Added wording regarding the process for revocation of certification of Registered Nurse Instructors and Registered Nurse Trainers.

·         Eliminated references to tube feeding because delegation of tube feeding is governed by Ohio Board of Nursing rules and does not require certification by the Department.

On January 16, 2014, the United States Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) published 42 CFR 441.301(c) (4)-(6) in the Federal Register which detailed new requirements that settings must meet in order to be eligible for reimbursement for Medicaid Home and Community-Based Services (HCBS) provided under section 1915(c) of the Social Security Act.  The final rule required states to submit a Transition Plan describing the actions that will be taken to ensure initial and ongoing compliance with the regulations. Ohio submitted its Transition Plan to CMS on March 13, 2015. The Transition Plan called for the Department to adopt and implement an overarching waiver administration rule that details requirements for HCBS settings.

Therefore:

The Department is proposing to adopt new rule 5123:2-9-02 entitled Home and Community-Based Services Waivers - Ensuring the Suitability of Services and Services Settings. The rule establishes standards to ensure that HCBS waivers administered by the Department maximize opportunities for enrolled individuals to access the benefits of community living and receive services in the most integrated setting.

A public hearing on the proposed rule actions will be held on March 10, 2016, beginning at 10:00 a.m., and continuing until all persons in attendance have had an opportunity to testify. The hearing will be held in the Lobby Hearing Room of the Rhodes State Office Tower located at 30 East Broad Street, Columbus, Ohio 43215.  At this hearing, the Department will accept verbal and/or written testimony on the proposed rule actions.  Persons unable to attend the public hearing may submit written comments on the proposed rule actions.

Any written comments received on or before the public hearing date will be treated as testimony and made available for public review.  Submittal of written comments may be made to Becky Phillips, Administrative Rules Coordinator, by email to [e-mail], by fax to 614/752-8551, or by U.S. mail to 30 East Broad Street, 12th Floor, Columbus, Ohio 43215-3414.

The rules are available for review at the Register of Ohio website (http://registerofohio.state.oh.us) and at the Department's website (http://dodd.ohio.gov/RulesLaws/Pages/Rules-Under-Development.aspx). The rules are also available for review at each county board of developmental disabilities.