§ 68-1-904 — "Medical care" and "medical service" defined and limited - Unlicensed individuals administering medication

Tennessee § 68-1-904

• Jurisdiction: Tennessee
• Title: 68

Text

(a) "Medical care" and "medical service," as used in this part, are intended to describe and define care or services rendered an individual for the relief of some disease or abnormality, and are intended to be distinguished from the services customarily rendered by health departments. (b) "Medical service" includes all legally authorized branches of healing as exist by any statute of Tennessee. (c) (1) The department of disability and aging, may, based upon its determination of available resources and need, provide training for unlicensed individuals who administer medications to individuals incapable of self-administration. The training must only be provided to unlicensed individuals who are employed by agencies that are both licensed under title 33 and under contract to provide residential or adult day programs for persons with intellectual disability, to unlicensed individuals employed by community-based licensed intermediate care facilities for persons who have intellectual disability who will administer medication only at a location other than the community-based facility, and to unlicensed individuals employed by personal support service agencies (PSSAs) licensed under title 33. The employees of the community-based licensed intermediate care facilities for persons who have intellectual disability may additionally receive medication administration training specific to the person served. For the purposes of this subsection (c), when administered by employees of intermediate care facilities, medications shall be packaged in individual doses labeled with the name of the individual patient, the time of administration and the drug name and dosage. (2) The department of children's services may, based on its determination of available resources and need, provide training for unlicensed individuals who assist children and youth with the self-administration of medication in group home settings. The training shall be provided only to those unlicensed individuals who are employed by agencies that are both licensed under title 37 and under contract to provide services to children in the department's custody in a group home setting. (3) An unlicensed person who is employed by a personal support service agency (PSSA) licensed under title 33 may administer medications to an individual who is incapable of self-administration in the individual's place of residence after the unlicensed person satisfactorily completes a competency-based training program approved by the department of mental health and substance abuse services. (4) The unlicensed personnel referenced in subdivisions (c)(1) and (c)(3) shall not administer intravenous, intramuscular, or certain subcutaneous injectable medications, as defined by rule. The unlicensed personnel referenced in subdivision (c)(2) shall not assist with the self-administration of vaginal medications, rectal medications, intravenous, intramuscular, or certain subcutaneous injectable medications, as defined by rule. The department of intellectual and developmental disabilities [now disability and aging], in consultation with the board of nursing, shall promulgate rules, including emergency rules, to provide for competency-based training, education, and appropriate monitoring of the unlicensed personnel covered by this subsection (c) who have the authority to perform the services provided for in this subsection (c), notwithstanding any other statute or rule. The unlicensed personnel are exempt from the licensing requirements contained in and rules promulgated pursuant to title 63, chapter 7, part 1.

Legislative History

Amended by 2024 Tenn. Acts, ch. 688,s 156, eff. 7/1/2024. Acts 1939, ch. 102, § 4; C. Supp. 1950, § 328.4 (Williams, § 255.68d); T.C.A. (orig. ed.), § 53-204; Acts 1997 , ch. 478, § 4; 2005, ch. 210, § 1; 2007 , ch. 364, §§ 1, 2; 2009 , ch. 477, § 1; 2009 , ch. 566, § 12; 2010 , ch. 1100, § 103; 2011 , ch. 158, § 34.