CHAPTER 478

FORMERLY

SENATE BILL NO. 354

AN ACT TO AMEND TITLE 24 REGARDING NURSING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 24, Section 1902(g) of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(g) 'Assistance with medications' means a situation where a designated care provider functioning in a setting authorized by Section 1921 of this Chapter, who has taken a Board approved medication training program, or a designated care provider who is otherwise exempt from the requirement of having to take the Board approved self administration with medication training programs, assists the patient in the self-administration of a medication other than by injection, provided that the medication is in the original container, with a proper label and directions. The designated care provider may hold the container for the patient, assist with the opening of the container, and assist the patient in taking the medication."

Section 2. Amend Title 24, Section 1921(a) by adding a new paragraph (16) to read as follows:

"(16) Assisted Living agencies serving elderly persons and adults with physical disabilities regulated by the State under Chapter 11 of Title 16, where designated care providers, who have successfully completed a Board-approved medication training program, assist individuals residing in licensed assisted living facilities in the taking of medication, other than by injection, provided that the medication is in the original container, and properly labeled. An annual report by the Administrator of the Program shall be made to the Board of Nursing. The report shall indicate compliance with guidelines as set forth in the approved course on 'Assistance with Self Administration'."

Approved July 17, 1998