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N.H. Admin. Code § He-P 809.16 - Medication Services (Home Health Care Providers)

New HampshireregulationNew Hampshire Department of Health and Human Services (DHHS)

What this rule requires your agency to do

  • 1The provider must ensure personnel complete a medication assistance education program taught by a licensed nurse, licensed practitioner, or pharmacist covering the five rights, side effects, documentation, and infection control. (He-P 809.16)(N.H. Admin. Code § He-P 809.16 - Medication Services (Home Health Care Providers))
  • 2The provider must ensure all medications and treatments are administered in accordance with the orders of the licensed practitioner or other professional with prescriptive powers. (He-P 809.16(a))(N.H. Admin. Code § He-P 809.16 - Medication Services (Home Health Care Providers))
  • 3The provider must maintain comprehensive medication records including patient name, allergies, medication details, date and time the medication was taken, the administrator's signature/initials/title, and any reason for refusal. (He-P 809.16)(N.H. Admin. Code § He-P 809.16 - Medication Services (Home Health Care Providers))
  • 4The provider must ensure that when a nurse delegates a medication administration task to an unlicensed individual, both the nurse and delegate comply with medication delegation rules under Nur 404 and RSA 326-B. (He-P 809.16(c))(N.H. Admin. Code § He-P 809.16 - Medication Services (Home Health Care Providers))
  • 5The provider must obtain annual written verification from the patient's practitioner before personnel assist a self-directing patient with documented physical limitations in preparing doses or applying medication. (He-P 809.16)(N.H. Admin. Code § He-P 809.16 - Medication Services (Home Health Care Providers))
  • 6The provider must ensure a licensed nursing assistant performs hand-over-hand medication assistance only by following the care plan, as delegated by a licensed nurse, for a competent and stable patient pursuant to RSA 326-B. (He-P 809.16(d))(N.H. Admin. Code § He-P 809.16 - Medication Services (Home Health Care Providers))
  • 7The provider must ensure that HHCP personnel not authorized by law to administer medications limit their role to reminding and prompting patients, placing medication containers within reach, opening containers when the patient is present, reading the medication label, and using hand-over-hand technique per the care plan. (He-P 809.16(b))(N.H. Admin. Code § He-P 809.16 - Medication Services (Home Health Care Providers))

Applies to: home care / home health (personal care aides and unlicensed HHCP personnel assisting with medications)

He-P 809.16 governs medication services provided by licensed home health care providers in New Hampshire. It requires that all medications be administered per practitioner orders, limits unlicensed personnel (including personal care aides) to reminding, prompting, and hand-over-hand self-administration assistance, sets nurse-delegation requirements under Nur 404 and RSA 326-B, and imposes documentation and medication-assistance training requirements.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.