SB2009 103RD GENERAL ASSEMBLY

LRB103 28270 AMQ 54649 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2009

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

SYNOPSIS AS INTRODUCED:

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.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nurse Practice Act is amended by adding Article 85 as follows:

(225 ILCS 65/Art. 85 heading new)

ARTICLE 85. MEDICATION AIDE PROGRAM

(225 ILCS 65/85-5 new)

Sec. 85-5. Definitions. For the purposes of this Article only:

"Department" means the Department of Financial and Professional Regulation.

"Direct-care assignment" means an assignment as defined for staffing requirements as direct care staff under 77 CFR 300.1230.

"Medication aide" means a person who has met the qualifications for licensure under this Article who assists with medication administration while under the supervision of a registered professional nurse in a long-term care facility.

"Qualified employer" means an assisted living or shared housing establishment licensed by the Department of Public Health and supportive living program providers certified by the Department of Healthcare and Family Services.

(225 ILCS 65/85-10 new)

Sec. 85-10. Medication aide program.

(a) The Department shall administer and enforce a licensed medication aide program and shall license and regulate licensed medication aides. The Department may consult with the Department of Healthcare and Family Services and the Department of Public Health as necessary to properly administer and enforce this Article.

(b) To be approved as a qualified employer, a facility must:

(1) be certified in good standing as a supportive living program provider by the Department of Healthcare and Family Services or be licensed in good standing as an assisted living establishment or shared housing establishment with the Department of Public Health;

(2) certify that the employment of a licensed medication aide will not replace or diminish the employment of a registered nurse or licensed practical nurse at the facility;

(3) certify that a registered nurse will be on-duty and present in the facility to delegate and supervise the medication administration by a licensed medication aide at all times;

(4) certify that, with the exception of licensed health care professionals, only licensed medication aides will be employed in the capacity of administering medication; and

(5) provide information regarding patient safety, efficiency, and errors as determined by the Department.

Failure to submit any required report may be grounds for discipline or sanctions under this Act.

(c) The Department shall submit a report regarding patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 2 years after implementation of this Article.

(225 ILCS 65/85-15 new)

Sec. 85-15. Licensure requirement; exempt activities.

(a) No person shall practice as a medication aide or hold oneself out as a licensed medication aide in this State unless the medication aide is licensed under this Article.

(b) Nothing in this Article shall be construed as preventing or restricting the practice, services, or activities of:

(1) any person licensed in this State by any other law from engaging in the profession or occupation for which the person is licensed;

(2) any person employed as a medication aide by the government of the United States if such person practices as a medication aide solely under the direction or control of the organization by which the person is employed; or

(3) any person pursuing a course of study leading to a certificate in medication aide at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if such person is designated by a title which clearly indicates the person's status as a student or trainee.

(c) Nothing in this Article shall be construed to limit the delegation of tasks or duties by a physician, dentist, advanced practice registered nurse, or podiatric physician as authorized by law.

(225 ILCS 65/85-20 new)

Sec. 85-20. Scope of practice.

(a) A licensed medication aide may only practice for a qualified employer.

(b) A licensed medication aide must be supervised by and receive delegation by a registered nurse that is on-duty and present in the facility at all times.

(c) A licensed medication aide shall not have a direct-care assignment when scheduled to work as a licensed medication aide but may assist residents as needed.

(d) A licensed medication aide shall not administer any medication until a physician has conducted an initial assessment of the resident.

(e) A licensed medication aide shall not administer any Schedule II controlled substances as set forth in the Illinois Controlled Substances Act and may not administer any subcutaneous, intramuscular, intradermal, or intravenous medication.

(225 ILCS 65/85-25 new)

Sec. 85-25. Unlicensed practice; violation; civil penalty.

(a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a medication aide without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(225 ILCS 65/85-30 new)

Sec. 85-30. Applications for original licensure. Applications for original licensure shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. The application shall require such information as, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for licensure. Applicants have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

(225 ILCS 65/85-35 new)

Sec. 85-35. Examinations. The Department shall authorize examinations of applicants for a license under this Article at the times and place as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a medication aide.

Applicants for examination as a medication aide shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.

If an applicant fails to pass an examination for licensure under this Act within 3 years after filing the applicant's application, the application shall be denied. The applicant may thereafter make a new application accompanied by the required fee; however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining licensure. The Department may employ consultants for the purposes of preparing and conducting examinations.

(225 ILCS 65/85-40 new)

Sec. 85-40. Licensure by examination. An applicant for licensure by examination to practice as a licensed medication aide must:

(1) submit a completed written application on forms provided by the Department and fees as established by the Department;

(2) be age 18 or older;

(3) have a high school diploma or a high school equivalency certificate;

(4) demonstrate the ability to speak, read, and write the English language, as determined by rule;

(5) demonstrate competency in math, as determined by rule;

(6) be currently certified in good standing as a certified nursing assistant and provide proof of 2,000 hours of practice as a certified nursing assistant within 3 years before application for licensure;

(7) submit to the criminal history records background check required under Section 50-35;

(8) have not engaged in conduct or behavior determined to be grounds for discipline under this Act;

(9) be currently certified to perform cardiopulmonary resuscitation by the American Heart Association or American Red Cross;

(10) have successfully completed a course of study approved by the Department as defined by rule. To be approved, the program must include a minimum of 60 hours of classroom-based medication aide education, a minimum of 10 hours of simulation laboratory study, and a minimum of 30 hours of registered nurse-supervised clinical practicum with progressive responsibility of patient medication assistance;

(11) have successfully completed the medication aide certification examination or other examination authorized by the Department; and

(12) submit proof of employment by a qualifying facility.

(225 ILCS 65/85-45 new)

Sec. 85-45. Expiration of license. The expiration date for each license to practice as a licensed medication aide shall be set by the rule.

(225 ILCS 65/85-50 new)

Sec. 85-50. Administration and enforcement. Licenses issued under this Article are subject to Article 70, including grounds for disciplinary action under Section 70-5.

(225 ILCS 65/85-55 new)

Sec. 85-55. Title. Any person who is issued a license as a medication aide under the terms of this Act shall use the words "licensed medication aide" in connection with the licensee's name to denote the licensee's licensure under this Act.

(225 ILCS 65/85-60 new)

Sec. 85-60. Rules. The Department shall file rules to administer this Article within 90 days of the effective date of this amendatory Act of the 103rd General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.