Minn. Stat. § 245I.11

(a) If a license holder is licensed as a residential program, stores or administers client medications, or observes clients self-administer medications, the license holder must ensure that a staff person who is a registered nurse or licensed prescriber is responsible for overseeing storage and administration of client medications and observing as a client self-administers medications, including training according to section 245I.05 , subdivision 6, and documenting the occurrence according to section 245I.08, subdivision 5.

If a license holder is licensed as a residential program, the license holder must: (1) ensure that a client is screened for health issues within 72 hours of the client's admission; (2) monitor the physical health needs of each client on an ongoing basis; (3) offer referrals to clients and coordinate each client's care with psychiatric and medical services; (4) identify circumstances in which a staff person must notify a registered nurse or licensed prescriber of any of a client's health concerns and the process for providing notification of client health concerns; and (5) identify the circumstances in which the license holder must obtain medical care for a client and the process for obtaining medical care for a client. Subd. 3. Storing and accounting for medications. (a) If a license holder stores client medications, the license holder must: (1) store client medications in original containers in a locked location; (2) store refrigerated client medications in special trays or containers that are separate from food; (3) store client medications marked "for external use only" in a compartment that is separate from other client medications; (4) store Schedule II drugs listed in section 152.02, subdivision 3 , in a compartment that is locked separately from other medications; (5) ensure that only authorized staff persons have access to stored client medications; (6) follow a documentation procedure to account for all Schedule II to V drugs listed in section 152.02, subdivisions 3 to 6; and (7) record each incident when a staff person accepts a supply of client medications and destroy discontinued, outdated, or deteriorated client medications. (b) If a license holder is licensed as a residential program, the license holder must allow clients who self-administer medications to keep a private medication supply. The license holder must ensure that the client stores all private medication in a locked container in the client's private living area, unless the private medication supply poses a health and safety risk to any clients. A client must not maintain a private medication supply of a prescription medication without a written medication order from a licensed prescriber and a prescription label that includes the client's name. Subd. 4. Medication orders. (a) If a license holder stores, prescribes, or administers medications or observes a client self-administer medications, the license holder must: (1) ensure that a licensed prescriber writes all orders to accept, administer, or discontinue client medications; (2) accept nonwritten orders to administer client medications in emergency circumstances only; (3) establish a timeline and process for obtaining a written order with the licensed prescriber's signature when the license holder accepts a nonwritten order to administer client medications; and (4) maintain the client's right to privacy and dignity. (b) If a license holder employs a licensed prescriber, the license holder must inform the client about potential medication effects and side effects and obtain and document the client's informed consent before the licensed prescriber prescribes a medication. Subd. 5. Medication administration in residential programs. If a license holder is licensed as a residential program, the license holder must: (1) assess and document each client's ability to self-administer medication. In the assessment, the license holder must evaluate the client's ability to: (i) comply with prescribed medication regimens; and (ii) store the client's medications safely and in a manner that protects other individuals in the facility. Through the assessment process, the license holder must assist the client in developing the skills necessary to safely self-administer medication; (2) monitor the effectiveness of medications, side effects of medications, and adverse reactions to medications for each client. The license holder must address and document any concerns about a client's medications; (3) ensure that no staff person or client gives a legend drug supply for one client to another client; (4) have policies and procedures for: (i) keeping a record of each client's medication orders; (ii) keeping a record of any incident of deferring a client's medications; (iii) documenting any incident when a client's medication is omitted; and (iv) documenting when a client refuses to take medications as prescribed; and (5) document and track medication errors, document whether the license holder notified anyone about the medication error, determine if the license holder must take any follow-up actions, and identify the staff persons who are responsible for taking follow-up actions. Subd. 6. Medication administration in children's day treatment settings. (a) For a program providing children's day treatment services under section 256B.0943 , the license holder must maintain policies and procedures that state whether the program will store medication and administer or allow observed self-administration. (b) For a program providing children's day treatment services under section 256B.0943 that does not store medications but allows clients to use a medication that they keep in their own possession while participating in a program, the license holder must maintain documentation from a licensed prescriber regarding the safety of medications held by clients, including: (1) an evaluation that the client is capable of holding and administering the medication safely; (2) an evaluation of whether the medication is prone to diversion, misuse, or self-injury; and (3) any conditions under which the license holder should no longer allow the client to maintain the medication in their own possession.