As used in this part 3, unless the context otherwise requires:
"Administration" means assisting a person in the ingestion, application, inhalation,or, using universal precautions, rectal or vaginal insertion of medication, including prescription drugs, according to the legibly written or printed directions of the attending physician or other authorized practitioner or as written on the prescription label and making a written record thereof with regard to each medication administered, including the time and the amount taken, but "administration" does not include judgment, evaluation, or assessments or the injections of medication, the monitoring of medication, or the self-administration of medication, including prescription drugs and including the self-injection of medication by the resident. "Administration" also means ingestion through gastrostomy tubes or naso-gastric tubes, if administered by a person authorized pursuant to sections 25.5-10-204 (2)(j) and 27-10.5-103 (2)(i), C.R.S., as part of residential or day program services provided through service agencies approved by the department of health care policy and financing and supervised by a licensed physician or nurse.
"Facility" means:
(a) The correctional facilities under the supervision of the executive director of the department of corrections including, but not limited to:
Those facilities provided for in article 20 of title 17, C.R.S.;
Minimum security facilities provided for in article 25 of title 17, C.R.S.;
Jails provided for in article 26 of title 17, C.R.S.;
Community correctional facilities and programs provided for in article 27 of title17, C.R.S.;
The regimented inmate discipline and treatment program provided for in article 27.7 of title 17, C.R.S.; and
The Denver regional diagnostic center provided for in article 40 of title 17, C.R.S.;
(b) Institutions for juveniles provided for in part 4 of article 2 of title 19, C.R.S.;
(b.5) Assisted living residences as defined in section 25-27-102 (1.3);
Adult foster care facilities provided for in section 26-2-122.3, C.R.S.;
Alternate care facilities provided for in section 25.5-6-303 (3), C.R.S.;
Residential child care facilities for children as defined in section 26-6-102 (33),
C.R.S.;
Secure residential treatment centers as defined in section 26-6-102 (35), C.R.S.;
Facilities that provide treatment for persons with mental health disorders as definedin section 27-65-102, except for those facilities that are publicly or privately licensed hospitals;
All services funded through and regulated by the department of health care policyand financing pursuant to article 6 of title 25.5, C.R.S., in support of persons with intellectual and developmental disabilities; and
Adult day care facilities providing services in support of persons as defined in section
25.5-6-303 (1), C.R.S.
(3) "Monitoring" means:
Reminding the resident to take medication or medications at the time ordered by thephysician or other authorized licensed practitioner;
Handing a resident a container or package of medication lawfully labeled previouslyfor the individual resident by a licensed physician or other authorized licensed practitioner;
Visual observation of the resident to ensure compliance;
Making a written record of the resident's compliance with regard to each medication,including the time taken; and
Notification to the physician or other authorized practitioner if the resident refuses toor is not able to comply with the physician's or other practitioner's instructions with regard to the medication.
(4) "Qualified manager" means a person who:
Is the owner or operator of the facility or a supervisor designated by the owner oroperator of the facility for the purpose of implementing section 25-1.5-303; and
Has completed training in the administration of medications pursuant to section 251.5-303 or is a licensed nurse pursuant to part 1 of article 255 of title 12, a licensed physician pursuant to article 240 of title 12, or a licensed pharmacist pursuant to article 280 of title 12. Every unlicensed person who is a "qualified manager" within the meaning of this subsection (4) shall successfully complete a competency evaluation pertaining to the administration of medications.
(5) "Self-administration" means the ability of a person to take medication independently without any assistance from another person.
Source: L. 2003: Entire article added with relocations, p. 694, § 2, effective July 1. L. 2006: (2)(d) and (2)(i) amended, p. 2014, § 86, effective July 1; (2)(g) amended, p. 1405, § 64, effective August 7. L. 2010: (2)(g) amended, (SB 10-175), ch. 188, p. 798, § 60, effective April 29. L. 2012: (4)(b) amended, (SB 12-1311), ch. 281, p. 1627, § 70, effective July 1. L. 2013: (1) and (2)(h) amended, (HB 13-1314), ch. 323, p. 1806, § 38, effective March 1, 2014. L. 2016: (2)(e) and (2)(f) amended, (SB 16-189), ch. 210, p. 770, § 59, effective June 6; (2)(h) and (4)(b) amended, (HB 16-1424), ch. 307, p. 1233, § 1, effective July 1. L. 2017: (2)(g) amended, (SB 17-242), ch. 263, p. 1324, § 187, effective May 25. L. 2019: (4)(b) amended, (HB 19-1172), ch. 136, p. 1697, § 143, effective October 1. L. 2020: (4)(b) amended, (HB 20-1183), ch. 157, p. 701, § 56, effective July 1.
Editor's note: This section is similar to former § 25-1-107 (1)(ee)(I.5)(A),
(1)(ee)(I.5)(B), (1)(ee)(II), (1)(ee)(II.5), and (1)(ee)(III)(A) as they existed prior to 2003.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.