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Licensing Rules for Child Care Centers

R400.8260 Medication; administrative

Rule 260 (1)

1. Medication, prescription or nonprescription, must be given to a child by program staff only.

Rationale

Ensures the safety and well-being of children by assuring that medication is appropriately administered.

Technical Assistance
This rule does not require centers to give children medication.

Rule 260 (2)

2. Program staff shall give or apply medication, prescription or nonprescription, only with prior written permission from a parent.

Rationale

Ensures the safety and well-being of children by assuring that medication is appropriately administered.

Technical Assistance

To stay in compliance with this rule, follow these guidelines when giving children medication:

For oral medications, both prescription and nonprescription, and topical prescription medications, centers should have parents fill out a Medication Permission form with the dose, times given per day and number of days to use the medicine. Centers can use the CCL 1243 form (Medication Permission and Instructions) or make one of their own that has the same information as the CCL1243. Note: Nonprescription medication is something you can find on the shelves at a store.

Note: An “oral medication” is anything that goes into the child’s mouth (other than food and beverages) and a “topical medication” is anything that is applied to the outside of a child’s body.

  • Have parents fill out a permission form for each medicine a child will be given.
  • The medication permission form should list a beginning date; it is acceptable to have “ongoing” as an ending date for ongoing or maintenance medications (e.g., inhalers, allergy medication etc.).
  • The medication permission can have “as needed” for the time the medication will be given. This is only for medicine give in an emergency (e.g., epi pen) or hat will be given on an as needed basis (e.g., Tylenol when a child complains of a headache or has a fever).
  • Any change in the prescription means parents need to fill out a new medication permission form.
  • Electronic signatures are acceptable for medication permission forms.

Best Practice

It is recommended that the parent review and re-sign all medical permission forms at least yearly.

Rule 260 (3)

3. All medication must be in its original container, stored according to instructions, and clearly labeled for a named child, including all nonprescription topical medications described in subrule (8) of this rule.

Rationale

Ensures the safety and well-being of children by assuring that medication is appropriately administered.

 

Technical Assistance

Nonprescription medications must also be labeled with the child’s name.

Program Staff can only give medication (prescription or non-prescription) from a prescription bottle or manufacturer’s bottle that is labeled with the child’s name. Containers like baggies, old prescription bottles, or others are not allowed.

Rule 260 (4)

4. Prescription medication must have the pharmacy label indicating the physician’s name, child’s first and last name, instructions, name and strength of the medication, and must be given according to those instructions.

Rationale

Ensures the safety and well-being of children by assuring that medication is appropriately administered.

 

Technical Assistance
Program Staff must follow these rules, not give children medication based solely on a parent's wish or written permission to give the child medication.

Rule 260 (5)

5. Program staff shall keep all medication out of the reach of children and return it to the child’s parent or destroy it if the parent determines it is no longer needed or it has expired.

Rationale

Ensures the safety and well-being of children and ensures that all medication is appropriately administered.

 

Technical Assistance
Expired medications should not be on site or given. This includes epi pen or other emergency medications.

Rule 260 (6)

6. Program staff shall give or apply any prescription or nonprescription medication according to the directions on the original container, unless otherwise authorized by a written order from the child’s licensed health care provider.

Rationale

Ensures the safety and well-being of children by assuring that all medication is appropriately administered.

Attorney General Opinion No. 7274, dated August 28, 2013, confirmed that child care center rules allow child care staff members to administer insulin and glucagon. Insulin is often administered by syringe through an injection, but other options include insulin pens and pumps. Glucagon is only administered by injection.

 

Technical Assistance
If the label on a nonprescription medication says that a physician should be consulted for the dosage, including if it says to consult for a specific age or weight, you must get written instructions from the physician before giving a child the medication.

Rule 260 (7)

7. Program staff shall not add medication to a child’s bottle, beverage, or food unless indicated on the prescription label.

Rationale

Adding medication to a child's bottle does not ensure they will ingest the proper dosage of the medication.

 

Technical Assistance
This rule includes nonprescription medication, such as infant gas drops.

Rule 260 (8)

8. Topical nonprescription medication, including, but not limited to, diapering cream, triple antibiotic, sunscreen, and insect repellant, requires written parental authorization annually.

Rationale

Allows centers more flexibility regarding the administration of topical nonprescription medications.

 

Technical Assistance

Topical nonprescription medication includes, but is not limited to:

  • VapoRub
  • Rubbing alcohol.
  • Hydrogen peroxide.
  • Essential oils.

Topical nonprescription medication does not include:

  • Hand sanitizer.
  • Hand or body lotion, including Vaseline or other petroleum jelly-based products.
  • Lip balm.
  • Topical, nonprescription medications require only annual written parental permission. Parent permission can be done through an electronic signature on a form or application used by the center. The CCL 1243 (or comparable substitute) does not need to be used.

Best Practice

It is recommended that parents be told if their child uses hand sanitizer or any other lotion or cream.

Rule 260 (9)

9. A center shall maintain a record as to the time and the amount of medication given or applied, with the exception of medications described in subrule (8) of this rule, on a form provided by the department or a comparable substitute approved by the department. One form per medication is required. The signature of the program staff administering the medication must be included.

Rationale

Protects the center by documenting the administration of medication to children.

Medication records may be critical in the course of a complaint investigation.

 

Technical Assistance
The Medical Permission and Instructions (CCL-1243) form or a form that the center makes, shall be used to document compliance with this subrule for oral prescription or nonprescription and topical prescription medications.

 

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