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Rep. Eddie Washington
Filed: 4/11/2005
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09400HB0822ham001 |
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LRB094 07335 DRJ 44826 a |
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| AMENDMENT TO HOUSE BILL 822
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| AMENDMENT NO. ______. Amend House Bill 822 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Assisted Living and Shared Housing Act is |
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| amended by changing Section 70 as follows:
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| (210 ILCS 9/70)
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| Sec. 70. Service requirements. An
establishment must
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| provide all mandatory services and may provide optional |
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| services, including
medication reminders, supervision of |
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| self-administered medication and
medication administration as
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| defined by this Section
and nonmedical services defined by |
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| rule, whether provided directly by the
establishment or by |
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| another
entity arranged for by the establishment with the |
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| consent of the resident or
the resident's
representative.
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| For the purposes of this Section, "medication reminders" |
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| means reminding
residents to take pre-dispensed, |
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| self-administered medication, observing the
resident, and |
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| documenting whether or not the resident took the medication.
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| For the purposes of this Section, "supervision of |
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| self-administered
medication" means assisting the resident |
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| with self-administered medication
using any combination of the |
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| following: reminding residents to take medication,
reading the |
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| medication label to residents, checking the self-administered
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| medication dosage against the label of the medication, |
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LRB094 07335 DRJ 44826 a |
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| confirming that
residents have obtained and are taking the |
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| dosage as prescribed, and
documenting in writing that the |
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| resident has taken (or refused to take) the
medication. If |
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| residents are physically unable to open the container, the
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| container may be opened for them. Supervision of |
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| self-administered medication
shall be under the direction of a |
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| licensed health care professional.
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| For the purposes of this Section, "medication |
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| administration" refers to a
licensed health care professional |
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| employed by an establishment engaging in
administering routine |
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| insulin and vitamin B-12 injections,
oral medications,
topical |
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| treatments, eye and ear drops, or
nitroglycerin patches.
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| Non-licensed staff may not administer any medication , except |
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| that a certified medication aide may administer all medications |
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| allowed under Department of Public Health rules adopted to |
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| implement Section 3-206.05 of the Nursing Home Care Act . A |
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| certified medication aide is prohibited from administering |
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| medication to a resident until the required comprehensive |
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| assessment by a physician is completed. A certified medication |
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| aide is prohibited from administering medication to a resident |
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| whose medical condition is determined to be unstable.
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| The Department shall specify by rule procedures for |
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| medication reminders,
supervision of self-administered |
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| medication, and medication administration.
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| Nothing in this Act shall preclude a physician licensed to |
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| practice medicine
in all its branches from providing services |
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| to any resident.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| Section 10. The Nursing Home Care Act is amended by adding |
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| Section 3-206.05 as follows: |
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| (210 ILCS 45/3-206.05 new) |
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| Sec. 3-206.05. Certified medication aide. |
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LRB094 07335 DRJ 44826 a |
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| (a) The General Assembly finds that 30 other states have |
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| had successful medication aide programs for many years. |
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| Further, the addition of certified medication aides would |
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| increase the amount of skilled nursing care available by |
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| enabling licensed nurses to devote even more time to the |
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| assessment and monitoring of patient conditions. The certified |
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| medication aide will assist a licensed nurse in the |
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| administration of routine medications. |
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| (b) The Director shall appoint a Planning and Certification |
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| Committee to develop the training curriculum, certification |
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| test, certification requirements, continuing education |
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| standards, regulations, and ongoing evaluation process for |
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| medication aides. The committee shall review any reports of |
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| gross negligence on the part of any medication aide and shall |
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| monitor the overall effectiveness of the medication aide |
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| program. The committee shall be composed of one representative |
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| from a nursing association, one representative from a nursing |
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| school, one representative from the community colleges, one |
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| representative from an organization advocating for seniors, |
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| and 3 representatives from associations representing long-term |
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| care providers. The committee shall submit an annual progress |
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| report to the General Assembly beginning July 1, 2006. The |
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| report shall include a progress report on medication aide |
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| program implementation and recommendations for legislative |
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| changes necessary for program improvement. |
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| (c) Based on the recommendations of the Planning and |
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| Certification Committee, the Department shall adopt and |
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| implement rules for the
training, certification, and |
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| employment of certified
medication aides in facilities |
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| licensed under this Act.
Certified medication aides shall be |
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| allowed to
administer medications to facility residents under |
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| the
supervision of a duly licensed health care professional in |
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| accordance
with rules adopted by the Department under this |
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| Section. |
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LRB094 07335 DRJ 44826 a |
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| (d) Unless an individual is certified under this Section: |
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| (1) The individual may not practice as a certified
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| medication aide. |
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| (2) A facility may not employ the individual as a
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| certified medication aide. |
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| (e) A certified medication aide must comply with all of the |
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| following: |
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| (1) He or she must be a duly certified nursing |
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| assistant under this
Act for at least one year. |
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| (2) He or she must satisfactorily complete the |
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| medication aide
training program involving at least 60 |
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| hours of classroom training and 40 hours of clinical |
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| training prescribed by the Department. |
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| (3) He or she must satisfactorily meet all continuing |
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| education and
recertification requirements prescribed by |
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| the Department. |
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| (4) He or she may not administer any schedule II |
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| controlled substances, any medication by sub-cutaneous, |
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| intramuscular, intradermal, or intravenous route, or any |
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| medications injected into a tube. |
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| (5) He or she may not pass medications in a sub-acute |
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| section of a nursing home.
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| (6) He or she is prohibited from administering |
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| medication to a resident of a long-term care facility until |
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| the initial comprehensive assessment is completed and |
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| reviewed by a licensed health care professional. |
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| (7) He or she is prohibited from administering |
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| medication to a resident whose comprehensive assessment |
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| indicated an unstable medical condition. |
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| (f) A facility must comply with the following staffing |
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| requirements: |
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| (1) Only a certified medication aide may be employed in |
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| the capacity of a medication aide. |
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| (2) A certified medication aide may not be assigned |
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| other duties when employed in the capacity of a medication |
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| aide. |
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| (3) A certified medication aide may not be used to |
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| achieve minimum staffing requirements under this Act.
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| (g) The Department shall do all of the following: |
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| (1) Prescribe education and training programs for
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| certified medication aides. |
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| (2) Prescribe requirements for re-certification,
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| including continuing education and in-service
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| requirements. |
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| (3) Develop standards concerning the functions that
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| may be performed by certified medication aides,
including |
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| standards for oversight by a
licensed healthcare |
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| professional.
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| Section 15. The Nursing and Advanced Practice Nursing Act |
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| is amended by changing Section 5-15 as follows:
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| (225 ILCS 65/5-15)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 5-15. Policy; application of Act. For the protection |
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| of life and the
promotion of health, and the prevention of |
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| illness and communicable diseases,
any person practicing or |
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| offering to practice professional and practical
nursing in |
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| Illinois shall submit evidence that he or she is qualified to
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| practice, and shall be licensed as provided under this Act. No |
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| person shall
practice or offer to practice professional or |
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| practical nursing in Illinois or
use any title, sign, card or |
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| device to indicate that such a person is
practicing |
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| professional or practical nursing unless such person has been
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| licensed under the provisions of this Act.
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| This Act does not prohibit the following:
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| (a) The practice of nursing in Federal employment in |
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| the discharge of the
employee's duties by a person who is |
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LRB094 07335 DRJ 44826 a |
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| employed by the United States
government or any bureau, |
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| division or agency thereof and is a legally
qualified and |
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| licensed nurse of another state or territory and not in
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| conflict with Sections 10-5, 10-30, and 10-45 of this
Act.
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| (b) Nursing that is included in their program of study |
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| by
students
enrolled in programs of nursing or in current |
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| nurse practice update courses
approved by the Department.
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| (c) The furnishing of nursing assistance in an |
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| emergency.
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| (d) The practice of nursing by a nurse who holds an |
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| active license in
another state when providing services to |
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| patients in Illinois during a bonafide
emergency or in |
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| immediate preparation for or during interstate
transit.
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| (e) The incidental care of the sick by members of the |
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| family, domestic
servants or housekeepers, or care of the |
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| sick where treatment is by prayer
or spiritual means.
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| (f) Persons from being employed as nursing aides, |
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| attendants, orderlies,
and
other auxiliary workers in |
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| private homes, long term care facilities,
nurseries, |
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| hospitals or other institutions.
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| (g) The practice of practical nursing by one who has |
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| applied in writing to
the Department in form and substance |
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| satisfactory to the Department, for a
license as a licensed |
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| practical nurse and who has complied with all the
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| provisions under Section 10-30, except the passing of an |
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| examination
to be eligible to receive such license, until: |
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| the decision of the Department
that the applicant has |
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| failed to pass the next available examination
authorized by |
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| the Department or has failed, without an approved excuse, |
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| to
take the next available examination authorized by the |
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| Department or until the
withdrawal of the application, but |
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| not to exceed 3 months.
An applicant practicing practical |
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| nursing under this Section who passes the
examination, |
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| however, may continue to practice under this Section until |
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09400HB0822ham001 |
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LRB094 07335 DRJ 44826 a |
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| such
time as he or she receives his or her license to |
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| practice or until the
Department notifies him or her that |
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| the license has been denied.
No applicant
for licensure |
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| practicing under
the provisions of this paragraph shall |
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| practice practical nursing except
under the direct |
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| supervision of a registered professional nurse licensed
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| under this Act or a licensed physician, dentist or |
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| podiatrist. In no
instance shall any such applicant |
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| practice or be
employed in any supervisory capacity.
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| (h) The practice of practical nursing by one who is a |
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| licensed practical
nurse under the laws of another U.S. |
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| jurisdiction and has applied in writing
to the Department, |
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| in form and substance satisfactory to the Department,
for a |
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| license as a licensed practical nurse and who is qualified |
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| to receive
such license under Section 10-30, until (1) the |
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| expiration of 6 months after
the filing of such written |
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| application, (2) the withdrawal of such application,
or (3) |
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| the denial of such application by the Department.
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| (i) The practice of professional nursing by one who has |
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| applied in writing
to the Department in form and substance |
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| satisfactory to the Department for
a license as a |
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| registered professional nurse and has complied with all the
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| provisions under Section 10-30 except the passing of an |
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| examination to be
eligible to receive such license, until |
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| the decision of the Department
that the applicant has |
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| failed to pass the next available examination
authorized by |
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| the Department or has failed, without an approved excuse, |
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| to
take the next available examination authorized by the |
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| Department or until
the withdrawal of the application, but |
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| not to exceed 3 months.
An applicant practicing |
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| professional nursing under this Section who passes
the
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| examination, however, may continue to practice under this |
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| Section until such
time as he or she receives his or her |
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| license to practice or until the
Department notifies him or |
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LRB094 07335 DRJ 44826 a |
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| her that the license has been denied.
No applicant
for |
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| licensure practicing under
the provisions of this |
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| paragraph shall practice professional nursing except
under |
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| the direct supervision of a registered professional nurse |
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| licensed
under this Act. In no instance shall any such |
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| applicant practice or be
employed in any supervisory |
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| capacity.
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| (j) The practice of professional nursing by one who is |
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| a registered
professional nurse under the laws of another |
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| state, territory of the United
States or country and has |
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| applied in writing to the Department, in form and
substance |
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| satisfactory to the Department, for a license as a |
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| registered
professional nurse and who is qualified to |
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| receive such license under
Section 10-30, until (1) the |
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| expiration of 6 months after the filing of
such written |
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| application, (2) the withdrawal of such application, or (3)
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| the denial of such application by the Department.
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| (k) The practice of professional nursing that is |
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| included in a program of
study by one who is a registered |
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| professional nurse under the laws of
another state or |
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| territory of the United States or foreign country,
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| territory or province and who is enrolled in a graduate |
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| nursing education
program or a program for the completion |
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| of a baccalaureate nursing degree in
this State, which |
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| includes clinical supervision by faculty as
determined by |
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| the educational institution offering the program and the
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| health care organization where the practice of nursing |
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| occurs. The
educational institution will file with the |
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| Department each academic term a
list of the names and |
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| origin of license of all professional nurses
practicing |
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| nursing as part of their programs under this provision.
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| (l) Any person licensed in this State under any other |
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| Act from engaging
in the practice for which she or he is |
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| licensed.
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LRB094 07335 DRJ 44826 a |
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| (m) Delegation to authorized direct care staff trained |
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| under Section 15.4
of the Mental Health and
Developmental |
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| Disabilities Administrative Act.
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| (n) Administration of medications by a certified |
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| medication aide certified under Section 3-206.05 of the |
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| Nursing Home Care Act. Any nurse providing supervision to a |
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| certified medication aide is not liable under this Act for |
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| the actions of the medication aide.
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| An applicant for license practicing under the exceptions |
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| set forth in
subparagraphs (g), (h), (i), and (j) of this |
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| Section shall use the title
R.N. Lic. Pend. or L.P.N. Lic. |
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| Pend. respectively and no other.
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| (Source: P.A. 93-265, eff. 7-22-03.)".
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