CA Health & Safety Code Section 1760.7

A pediatric day health and respite care facility shall provide pharmacy services that satisfy all of the following:

(a)

(1)Medications shall be supplied to the licensed nursing personnel of the pediatric day health and respite care facility by the patient’s parent, foster parent, or legal guardian in the original dispensing container that specifies administration instructions.

(2)

Medications shall be administered only upon written and signed orders of the patient’s attending physician.

(3)

The pediatric day health and respite care facility shall not order medications from a pharmacy or take delivery of medications from a pharmacy.

(4)

The pediatric day health and respite care facility shall not accept a patient into the facility if the patient’s medications have expired or are scheduled to expire during the patient’s stay at the facility.

(b)

(1)Physician orders shall be current and maintained in the patient’s medical record at the pediatric day health and respite care facility. Verbal orders from the attending physician for services to be rendered at the facility may be received and recorded by licensed nursing personnel in the patient’s medical record at the facility and shall be signed by the attending physician within 30 working days.

(2)

Medications shall not be administered to a patient unless the facility first verifies that the medication was ordered by a physician. Verification may be obtained by contacting the physician’s office or by being provided with a copy of the physician’s order for the medication.

(c)

The pediatric day health and respite care facility shall maintain records of medication administered for at least one year, unless a longer period is required by state or federal law. The records of medication administered shall be a part of the patient’s plan of care.

(d)

The pediatric day health and respite care facility may treat changes in the patient’s condition, such as new onset pain, nausea, diarrhea, infections, or other similar changes, in accordance with the patient’s plan of care if the patient has been prescribed medications to treat these anticipated symptoms, and the treatment does not present a risk to the health and safety of themselves, other patients, staff, or other individuals with whom the patient may come into contact. A patient who presents with symptoms that are not anticipated or planned for in the plan of care shall not remain in the facility.

(e)

Other requirements as specified in subdivision (a) of Section 72375, and subdivision (a) of Section 72377, of Article 3 of Chapter 3 of Division 5 of Title 22 of the California Code of Regulations.

(f)

Only licensed nursing personnel, acting in accordance with their scope of practice, may accept, inspect the condition of medical containers, and record the receipt and the return of all medications in a pediatric day health and respite care facility. The facility shall comply with Section 72313 of Title 22 of the California Code of Regulations with regard to the administration of medication.

(g)

A pediatric day health and respite care facility shall comply with all applicable state and federal laws regarding the labeling condition of medication containers.