Subdivision 1.Conditions for psychotropic medication administration.

(a) When a person is prescribed a psychotropic medication and the license holder is assigned responsibility for administration of the medication in the person’s support plan or the support plan addendum, the license holder must ensure that the requirements in section 245D.05, subdivision 2, are met.

Terms Used In Minnesota Statutes 245D.051

  • Emergency: means any event that affects the ordinary daily operation of the program including, but not limited to, fires, severe weather, natural disasters, power failures, or other events that threaten the immediate health and safety of a person receiving services and that require calling 911, emergency evacuation, moving to an emergency shelter, or temporary closure or relocation of the program to another facility or service site for more than 24 hours. See Minnesota Statutes 245D.02
  • Expanded support team: means the members of the support team defined in subdivision 34 and a licensed health or mental health professional or other licensed, certified, or qualified professionals or consultants working with the person and included in the team at the request of the person or the person's legal representative. See Minnesota Statutes 245D.02
  • Legal representative: means the parent of a person who is under 18 years of age, a court-appointed guardian, or other representative with legal authority to make decisions about services for a person. See Minnesota Statutes 245D.02
  • License: has the meaning given in section 245A. See Minnesota Statutes 245D.02
  • License holder: has the meaning given in section 245A. See Minnesota Statutes 245D.02
  • medication: includes dietary supplements. See Minnesota Statutes 245D.02
  • Person: has the meaning given in section 245A. See Minnesota Statutes 245D.02
  • Prescriber: means a person who is authorized under section 148. See Minnesota Statutes 245D.02
  • Psychotropic medication: means any medication prescribed to treat the symptoms of mental illness that affect thought processes, mood, sleep, or behavior. See Minnesota Statutes 245D.02
  • Service: means care, training, supervision, counseling, consultation, or medication assistance assigned to the license holder in the support plan. See Minnesota Statutes 245D.02
  • Support plan: has the meaning given in sections 256B. See Minnesota Statutes 245D.02
  • Support plan addendum: means the documentation that this chapter requires of the license holder for each person receiving services. See Minnesota Statutes 245D.02

(b) The license holder must develop, implement, and maintain the following documentation in the person’s support plan addendum according to the requirements in sections 245D.07 and 245D.071:

(1) a description of the target symptoms that the psychotropic medication is to alleviate; and

(2) documentation methods the license holder will use to monitor and measure changes in the target symptoms that are to be alleviated by the psychotropic medication if required by the prescriber. The license holder must collect and report on medication and symptom-related data as instructed by the prescriber. The license holder must provide the monitoring data to the expanded support team for review every three months, or as otherwise requested by the person or the person’s legal representative.

For the purposes of this section, “target symptom” refers to any perceptible diagnostic criteria for a person’s diagnosed mental disorder, as defined by the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition Text Revision (DSM-IV-TR) or successive editions, that has been identified for alleviation.

Subd. 2.Refusal to authorize psychotropic medication.

If the person or the person’s legal representative refuses to authorize the administration of a psychotropic medication as ordered by the prescriber, the license holder must not administer the medication. The refusal to authorize medication administration must be reported to the prescriber as expediently as possible. After reporting the refusal to the prescriber, the license holder must follow any directives or orders given by the prescriber. A refusal may not be overridden without a court order. Refusal to authorize administration of a specific psychotropic medication is not grounds for service termination and does not constitute an emergency. A decision to terminate services must be reached in compliance with section 245D.10, subdivision 3.