Illinois General Assembly - Full Text of SB2009
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Full Text of SB2009  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Doris Turner


225 ILCS 65/Art. 85 heading new
225 ILCS 65/85-5 new
225 ILCS 65/85-10 new
225 ILCS 65/85-15 new
225 ILCS 65/85-20 new
225 ILCS 65/85-25 new
225 ILCS 65/85-30 new
225 ILCS 65/85-35 new
225 ILCS 65/85-40 new
225 ILCS 65/85-45 new
225 ILCS 65/85-50 new
225 ILCS 65/85-55 new
225 ILCS 65/85-60 new

    Creates the Medication Aide Program Article in the Nurse Practice Act. Provides that the Department of Financial and Professional Regulation shall administer and enforce a licensed medication aide program and shall license and regulate licensed medication aides. Provides standards for an applicant to qualify as a qualified employer. Includes provisions concerning: licensure requirements; exempt activities; scope of practice; unlicensed practice; violations and civil penalties; applications for original licensure; examinations; licensure by examination; expiration of a license; and titles. Provides that licenses issued under the Article are subject to the Administration and Enforcement Article of the Act, including provisions concerning grounds for disciplinary action. Provides that the Department shall file rules to administer the Medication Aide Program Article within 90 days of the effective date of the amendatory Act. Effective immediately.

LRB103 28270 AMQ 54649 b





SB2009LRB103 28270 AMQ 54649 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Nurse Practice Act is amended by adding
5Article 85 as follows:
6    (225 ILCS 65/Art. 85 heading new)

8    (225 ILCS 65/85-5 new)
9    Sec. 85-5. Definitions. For the purposes of this Article
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "Direct-care assignment" means an assignment as defined
14for staffing requirements as direct care staff under 77 CFR
16    "Medication aide" means a person who has met the
17qualifications for licensure under this Article who assists
18with medication administration while under the supervision of
19a registered professional nurse in a long-term care facility.
20    "Qualified employer" means an assisted living or shared
21housing establishment licensed by the Department of Public
22Health and supportive living program providers certified by



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1the Department of Healthcare and Family Services.
2    (225 ILCS 65/85-10 new)
3    Sec. 85-10. Medication aide program.
4    (a) The Department shall administer and enforce a licensed
5medication aide program and shall license and regulate
6licensed medication aides. The Department may consult with the
7Department of Healthcare and Family Services and the
8Department of Public Health as necessary to properly
9administer and enforce this Article.
10    (b) To be approved as a qualified employer, a facility
12        (1) be certified in good standing as a supportive
13    living program provider by the Department of Healthcare
14    and Family Services or be licensed in good standing as an
15    assisted living establishment or shared housing
16    establishment with the Department of Public Health;
17        (2) certify that the employment of a licensed
18    medication aide will not replace or diminish the
19    employment of a registered nurse or licensed practical
20    nurse at the facility;
21        (3) certify that a registered nurse will be on-duty
22    and present in the facility to delegate and supervise the
23    medication administration by a licensed medication aide at
24    all times;
25        (4) certify that, with the exception of licensed



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1    health care professionals, only licensed medication aides
2    will be employed in the capacity of administering
3    medication; and
4        (5) provide information regarding patient safety,
5    efficiency, and errors as determined by the Department.
6    Failure to submit any required report may be grounds for
7discipline or sanctions under this Act.
8    (c) The Department shall submit a report regarding patient
9safety, efficiency, and errors, as determined by rule, to the
10General Assembly no later than 2 years after implementation of
11this Article.
12    (225 ILCS 65/85-15 new)
13    Sec. 85-15. Licensure requirement; exempt activities.
14    (a) No person shall practice as a medication aide or hold
15oneself out as a licensed medication aide in this State unless
16the medication aide is licensed under this Article.
17    (b) Nothing in this Article shall be construed as
18preventing or restricting the practice, services, or
19activities of:
20        (1) any person licensed in this State by any other law
21    from engaging in the profession or occupation for which
22    the person is licensed;
23        (2) any person employed as a medication aide by the
24    government of the United States if such person practices
25    as a medication aide solely under the direction or control



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1    of the organization by which the person is employed; or
2        (3) any person pursuing a course of study leading to a
3    certificate in medication aide at an accredited or
4    approved educational program if such activities and
5    services constitute a part of a supervised course of study
6    and if such person is designated by a title which clearly
7    indicates the person's status as a student or trainee.
8    (c) Nothing in this Article shall be construed to limit
9the delegation of tasks or duties by a physician, dentist,
10advanced practice registered nurse, or podiatric physician as
11authorized by law.
12    (225 ILCS 65/85-20 new)
13    Sec. 85-20. Scope of practice.
14    (a) A licensed medication aide may only practice for a
15qualified employer.
16    (b) A licensed medication aide must be supervised by and
17receive delegation by a registered nurse that is on-duty and
18present in the facility at all times.
19    (c) A licensed medication aide shall not have a
20direct-care assignment when scheduled to work as a licensed
21medication aide but may assist residents as needed.
22    (d) A licensed medication aide shall not administer any
23medication until a physician has conducted an initial
24assessment of the resident.
25    (e) A licensed medication aide shall not administer any



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1Schedule II controlled substances as set forth in the Illinois
2Controlled Substances Act and may not administer any
3subcutaneous, intramuscular, intradermal, or intravenous
5    (225 ILCS 65/85-25 new)
6    Sec. 85-25. Unlicensed practice; violation; civil penalty.
7    (a) In addition to any other penalty provided by law, any
8person who practices, offers to practice, attempts to
9practice, or holds oneself out to practice as a medication
10aide without being licensed under this Act shall, in addition
11to any other penalty provided by law, pay a civil penalty to
12the Department in an amount not to exceed $10,000 for each
13offense, as determined by the Department. The civil penalty
14shall be assessed by the Department after a hearing is held in
15accordance with the provisions set forth in this Act regarding
16the provision of a hearing for the discipline of a licensee.
17    (b) The Department has the authority and power to
18investigate any and all unlicensed activity.
19    (c) The civil penalty shall be paid within 60 days after
20the effective date of the order imposing the civil penalty.
21The order shall constitute a judgment and may be filed and
22execution had thereon in the same manner as any judgment from
23any court of record.
24    (225 ILCS 65/85-30 new)



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1    Sec. 85-30. Applications for original licensure.
2Applications for original licensure shall be made to the
3Department in writing on forms prescribed by the Department
4and shall be accompanied by the required fee, which shall not
5be returnable. The application shall require such information
6as, in the judgment of the Department, will enable the
7Department to pass on the qualifications of the applicant for
8licensure. Applicants have 3 years after the date of
9application to complete the application process. If the
10process has not been completed within 3 years, the application
11shall be denied, the fee forfeited, and the applicant must
12reapply and meet the requirements in effect at the time of
14    (225 ILCS 65/85-35 new)
15    Sec. 85-35. Examinations. The Department shall authorize
16examinations of applicants for a license under this Article at
17the times and place as it may designate. The examination shall
18be of a character to give a fair test of the qualifications of
19the applicant to practice as a medication aide.
20    Applicants for examination as a medication aide shall be
21required to pay, either to the Department or the designated
22testing service, a fee covering the cost of providing the
23examination. Failure to appear for the examination on the
24scheduled date, at the time and place specified, after the
25applicant's application for examination has been received and



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1acknowledged by the Department or the designated testing
2service, shall result in the forfeiture of the examination
4    If an applicant fails to pass an examination for licensure
5under this Act within 3 years after filing the applicant's
6application, the application shall be denied. The applicant
7may thereafter make a new application accompanied by the
8required fee; however, the applicant shall meet all
9requirements in effect at the time of subsequent application
10before obtaining licensure. The Department may employ
11consultants for the purposes of preparing and conducting
13    (225 ILCS 65/85-40 new)
14    Sec. 85-40. Licensure by examination. An applicant for
15licensure by examination to practice as a licensed medication
16aide must:
17        (1) submit a completed written application on forms
18    provided by the Department and fees as established by the
19    Department;
20        (2) be age 18 or older;
21        (3) have a high school diploma or a high school
22    equivalency certificate;
23        (4) demonstrate the ability to speak, read, and write
24    the English language, as determined by rule;
25        (5) demonstrate competency in math, as determined by



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1    rule;
2        (6) be currently certified in good standing as a
3    certified nursing assistant and provide proof of 2,000
4    hours of practice as a certified nursing assistant within
5    3 years before application for licensure;
6        (7) submit to the criminal history records background
7    check required under Section 50-35;
8        (8) have not engaged in conduct or behavior determined
9    to be grounds for discipline under this Act;
10        (9) be currently certified to perform cardiopulmonary
11    resuscitation by the American Heart Association or
12    American Red Cross;
13        (10) have successfully completed a course of study
14    approved by the Department as defined by rule. To be
15    approved, the program must include a minimum of 60 hours
16    of classroom-based medication aide education, a minimum of
17    10 hours of simulation laboratory study, and a minimum of
18    30 hours of registered nurse-supervised clinical practicum
19    with progressive responsibility of patient medication
20    assistance;
21        (11) have successfully completed the medication aide
22    certification examination or other examination authorized
23    by the Department; and
24        (12) submit proof of employment by a qualifying
25    facility.



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1    (225 ILCS 65/85-45 new)
2    Sec. 85-45. Expiration of license. The expiration date for
3each license to practice as a licensed medication aide shall
4be set by the rule.
5    (225 ILCS 65/85-50 new)
6    Sec. 85-50. Administration and enforcement. Licenses
7issued under this Article are subject to Article 70, including
8grounds for disciplinary action under Section 70-5.
9    (225 ILCS 65/85-55 new)
10    Sec. 85-55. Title. Any person who is issued a license as a
11medication aide under the terms of this Act shall use the words
12"licensed medication aide" in connection with the licensee's
13name to denote the licensee's licensure under this Act.
14    (225 ILCS 65/85-60 new)
15    Sec. 85-60. Rules. The Department shall file rules to
16administer this Article within 90 days of the effective date
17of this amendatory Act of the 103rd General Assembly.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.