1.    A correctional facility may authorize an employee to provide medication to an inmate of a correctional facility if the employee is:

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Terms Used In North Dakota Code 12-44.1-29

a.    Licensed or registered under title 43 and is providing the medication within the scope of practice of the profession for which the individual is licensed or registered; or

b.    A correctional facility staff member who has successfully completed a medication assistant I training and competency evaluation program approved by the department of health and human services under chapter 23-44. The requirements for a medication assistant I training and competency evaluation program must be met, except for the requirement a correctional facility staff member must be a nurse aide or certified nurse aide on the department registry prior to entry into the medication assistant I training and competency evaluation program or following successful completion of the program.

2.    If a correctional facility uses a correctional facility staff member to provide medication to an inmate under subdivision b of subsection 1:

a.    Upon successful completion of the department-approved medication assistant I training and competency evaluation program, the correctional facility staff member may provide medication administration to inmates consistent within the scope and limitations of medication administration included in the medication assistant I training and competency evaluation program; and

b.    The correctional facility shall maintain records of all correctional facility staff members who have successfully completed the department-approved medication assistant I training and competency evaluation program, including verification of successful completion of the program. The department may periodically review the correctional facility’s records to assure compliance with medication assistant I training and competency evaluation requirements.