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Gerald, Esq
Gerald, Esq, Lawyer
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Experience:  30 years of experience
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What regulations instruct the administration of prescribed

Customer Question

what regulations instruct the administration of prescribed medications to residents of residential facilities for the mentally ill
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

What state are you looking for (each state has its own Act or statutory section dedicated to involuntary commitment, conservatorship, or guardianship of the mentally impaired)?

Customer: replied 1 year ago.
DC
Expert:  CalAttorney2 replied 1 year ago.

Title 21 of the DC code contains the relevant statutory authority for treatment of the mentally ill (Chapt. 5 deals with hospitalization specifically): http://law.justia.com/codes/district-of-columbia/2012/division-iii/title-21/

The code section regarding medication can be found here: http://law.justia.com/codes/district-of-columbia/2012/division-iii/title-21/chapter-5/subchapter-v/section-21-562.html

Customer: replied 1 year ago.
Thanks, ***** ***** one is committed or detained, just living in a community residential facility
Expert:  CalAttorney2 replied 1 year ago.

If they are not committed there is not a statute governing the administration of the medication. Each patient is there voluntarily under the care and/or prescription of their personal care physician. The treating physician or personal physician, and the facility's staff will administer medications to the patient pursuant to the prescriptions given by the medical doctors, and the patient is free to take, or disregard, the medications at their own free will.

Customer: replied 1 year ago.
one second, ok, the community residence regulations state: Each residence shall comply with District and Federal laws nd regulations governing the procurement, handing, storage, administering, recording, dispensing and disposal of medications and controlled substances. What are the laws and regulations governing....
Expert:  CalAttorney2 replied 1 year ago.

Are you asking for the entire code sections on prescription of medication, and management of a pharmacy, including management and administration of controlled ("Schedule III") drugs?

Customer: replied 1 year ago.
no, no controlled substances are involved, psychotropics and ordinary medications. No I am dealing with just the administration of the medication right now. Do you think a nurse might know better? For example, I have read about the "30 minute rule" which states that a medication is timely administered within 30 minutes before or after the designated time
Customer: replied 1 year ago.
can you call me? XXX XXX XXXX
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am going to "opt out" and allow another expert to follow up with you.

Please do not post any further at this time as it will delay the next expert's ability to follow up.

If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/help

Thank you for using our forum, and I do wish you the best of luck.

Bill

Expert:  Gerald, Esq replied 1 year ago.
Hello,
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience, including extensive experience in the regulation of health care professionals. I hope to provide you information that will help you in resolving your question.
The regulations that pertain to your question are the D.C. Department of Health Regulations in regard to the operation of an on site pharmacy as well as the regulations of the Board of Nursing in regard to the administration of medications.
You can find these regulations here:
http://doh.dc.gov/
http://doh.dc.gov/service/licensing-boards
The second link includes contact information for the Boards. They may be able to help you directly.
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.
If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.
Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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