Transporting Prescription Medications and Controlled Drugs

With the ever-rising level of acuity in the residential care and assisted living setting,
administrators and care providers do their best to meet their residents’ needs. Increasingly,
residents have needs that require the care of licensed medical professionals.

This is very much the case in medication management. Although residential care staff
can assist residents in taking their own medications, direct administration requires a
professional license. And federally scheduled (controlled) drugs have an even greater
requirement in the residential care setting: a licensed health care professional must
"control and supervise the storage and administration" for this category of drugs.
(CCR, Title 22, Division 6, Chapter 1, §85075.1(b)(4)(B) & (C) and Chapter 8, 87633(b)(4)(B) & (C)).

An additional nuance in medication management has to do with transportation of
prescription drugs, controlled or otherwise. There are numerous federal and state laws
that prohibit the possession and/or transportation of someone else’s prescription drugs.
Although we may want to help our residents by picking up their prescription drugs at the
pharmacy, doing so is against the law; and doing so carries the potential of fines,
imprisonment, and loss of licenses.

Our recommendation is to ensure that the resident goes with you to pick up their
prescribed medications, and that they are always present when transporting drugs.

Please call if you would like a list of these laws, or if you would like help crafting policies
regarding medication management that are in compliance with the standard of care.

Bill Clawson, RN, PhD, CLNC
Certified Legal Nurse Consultant