Nursing Homes Cannot Use Unnecessary Drug on Residents
Pursuant to Minnesota Administrative Rule 4658.1315, UNNECESSARY DRUG USAGE, Subpart 1., general. A resident’s drug regimen must be free from unnecessary drugs. An unnecessary drug is any drug when used:
A. in excessive dose, including duplicate drug therapy;
B. for excessive duration;
C. without adequate indications for its use; or
D. in the presence of adverse consequences which indicate the dose should be reduced or discontinued.
In addition to the drug regimen review required in part 4658.1310, the nursing home must comply with provisions in the Interpretive Guidelines for Code of Federal Regulations, title 42, section 483.25(1)(1) found in Appendix P of the State Operations Manual, Guidance to Surveyors for Long-Term Care Facilities, published by the Department of Health and Human Services, Health Care Financing Administration, April 1992. This standard is incorporated by reference. It is available through the Minitex interlibrary loan system and the State Law Library. It is not subject to frequent change.
Subp. 2. Monitoring. A nursing home must monitor each resident’s drug regimen for unnecessary drug usage, based on the nursing home’s policies and procedures, and the pharmacist must report any irregularity to the resident’s attending physician. If the attending physician does not concur with the nursing home’s recommendation, or does not provide adequate justification, and the pharmacist believes the resident’s quality of life is being adversely affected, the pharmacist must refer the matter to the medical director for review if the medical director is not the attending physician. If the medical director determines that the attending physician does not have adequate justification for the order and if the attending physician does not change the order, the matter must be referred for review to the Quality Assurance and Assessment (QAA) committee required by part 4658.0070. If the attending physician is the medical director, the consulting pharmacist shall refer the matter directly to the QAA.
Nursing Home Abuse and Neglect Attorney Kenneth LaBore has decades of experience and handles the following types of elder abuse claims and others:
For a Free Consultation to obtain information on how to hold negligent wrongdoers accountable from an experienced elder abuse attorney contact Minneapolis Elder Abuse Neglect Attorney Kenneth LaBore at 612-743-9048 or Toll Free at 1-888-452-6589, email: KLaBore@MNnursinghomeneglect.com.