Full Text of SB3525 103rd General Assembly
SB3525 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3525 Introduced 2/9/2024, by Sen. Doris Turner SYNOPSIS AS INTRODUCED: | | 305 ILCS 5/5-5.01c new | | 225 ILCS 65/Art. 80 rep. | |
| Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to administer and enforce a Certified Medication Aide Program and regulate certified medication aides. Provides that to be approved as a facility qualified to participate in the program, a facility must: (i) be certified and in good standing as a supportive living facility by the Department; (ii) certify that the employment of a certified medication aide will not replace or diminish the employment of a registered nurse or licensed practical nurse at the facility; (iii) certify that a registered nurse will be on-duty and present in the facility to delegate and supervise the administration of medication by a certified medication aide at all times; (iv) certify that, with the exception of licensed health care professionals, only certified medication aides will be employed in the capacity of administering medication; and (v) provide information regarding patient safety, efficiency, and errors as determined by the Department. Requires the Department to submit a report on patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 2 years after the effective date of the amendatory Act. Contains provisions concerning the scope of practice of certified medication aides; penalties for persons who practice as a medication aide without being certified; applications for original certification; examinations of applicants; application requirements; expiration of certification; and Department rules. Amends the Nurse Practice Act. Repeals provisions creating a Medication Aide Pilot Program. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning public aid. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | adding Section 5-5.01c as follows: | 6 | | (305 ILCS 5/5-5.01c new) | 7 | | Sec. 5-5.01c. Certified Medication Aide. | 8 | | (a) Definitions. As used in this Section: | 9 | | "Direct-care assignment" means an assignment for staffing | 10 | | requirements for direct care staff as that term is defined | 11 | | under 77 Ill. Adm. Code 300.1230. | 12 | | "Certified medication aide" means a person who has met the | 13 | | qualifications for certification under this Section and | 14 | | assists with medication administration while under the | 15 | | supervision of a registered professional nurse in a long-term | 16 | | care facility. | 17 | | "Program" means the Certified Medication Aide Program. | 18 | | "Qualified facility" means a supportive living facility | 19 | | licensed by the Department of Public Health including any | 20 | | facility certified to participate in the supportive living | 21 | | program under Section 5-5.01a. | 22 | | "Department" means the Department of Healthcare and Family | 23 | | Services. |
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| 1 | | (b) Medication Aide Program. The Department shall | 2 | | administer and enforce a Certified Medication Aide Program and | 3 | | regulate certified medication aides. To be approved as a | 4 | | facility qualified to participate in the program, a facility | 5 | | must satisfy all of the following requirements: | 6 | | (1) Be certified and in good standing as a supportive | 7 | | living facility by the Department. | 8 | | (2) Certify that the employment of a certified | 9 | | medication aide will not replace or diminish the | 10 | | employment of a registered nurse or licensed practical | 11 | | nurse at the facility. | 12 | | (3) Certify that a registered nurse will be on-duty | 13 | | and present in the facility to delegate and supervise the | 14 | | administration of medication by a certified medication | 15 | | aide at all times. | 16 | | (4) Certify that, with the exception of licensed | 17 | | health care professionals, only certified medication aides | 18 | | will be employed in the capacity of administering | 19 | | medication. | 20 | | (5) Provide information regarding patient safety, | 21 | | efficiency, and errors as determined by the Department. | 22 | | Failure to submit any required report may be grounds for | 23 | | discipline or sanctions as prescribed by the Department. | 24 | | The Department shall submit a report regarding patient | 25 | | safety, efficiency, and errors, as determined by rule, to the | 26 | | General Assembly no later than 2 years after the effective |
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| 1 | | date of this amendatory Act of the 103rd General Assembly. | 2 | | (c) Certification requirement; exempt activities. No | 3 | | person shall practice as a medication aide or hold himself or | 4 | | herself out as a certified medication aide in this State | 5 | | unless he or she is certified in accordance with this Section. | 6 | | Nothing in this Article shall be construed as preventing | 7 | | or restricting the practice, services, or activities of: | 8 | | (1) any person licensed in this State by any other law | 9 | | from engaging in the profession or occupation for which he | 10 | | or she is licensed; | 11 | | (2) any person employed as a medication aide by the | 12 | | government of the United States, if such person practices | 13 | | as a medication aide solely under the direction or control | 14 | | of the organization by which he or she is employed; or | 15 | | (3) any person pursuing a course of study leading to a | 16 | | certificate in medication aide at an accredited or | 17 | | approved educational program if such activities and | 18 | | services constitute a part of a supervised course of study | 19 | | and if such person is designated by a title which clearly | 20 | | indicates his or her status as a student or trainee. | 21 | | Nothing in this Section shall be construed to limit the | 22 | | delegation of tasks or duties by a physician, dentist, | 23 | | advanced practice registered nurse, or podiatric physician as | 24 | | authorized by law. | 25 | | (d) Scope of practice. A certified medication aide may | 26 | | only practice in a qualified facility. Certified medication |
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| 1 | | aides must be supervised by and receive delegation by a | 2 | | registered nurse that is on-duty and present in the facility | 3 | | at all times. Certified medication aides shall not have a | 4 | | direct-care assignment when scheduled to work as a certified | 5 | | medication aide, but may assist residents as needed. Certified | 6 | | medication aides shall not administer any medication until a | 7 | | physician has conducted an initial assessment of the resident. | 8 | | Certified medication aides shall not administer any Schedule | 9 | | II controlled substances as set forth in the Illinois | 10 | | Controlled Substances Act, and may not administer any | 11 | | subcutaneous, intramuscular, intradermal, or intravenous | 12 | | medication. | 13 | | (e) Uncertified practice; violation; civil penalty. In | 14 | | addition to any other penalty provided by law, any person who | 15 | | practices, offers to practice, attempts to practice, or holds | 16 | | oneself out to practice as a medication aide without being | 17 | | certified in accordance with this Section shall, in addition | 18 | | to any other penalty provided by law, pay a civil penalty to | 19 | | the Department in an amount not to exceed $10,000 for each | 20 | | offense as determined by the Department. The Department has | 21 | | the authority and power to investigate any and all uncertified | 22 | | activity. The civil penalty shall be paid within 60 days after | 23 | | the date of the order imposing the civil penalty. The order | 24 | | shall constitute a judgment and may be filed and execution had | 25 | | thereon in the same manner as any judgment from any court of | 26 | | record. |
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| 1 | | (f) Applications for original certification. Applications | 2 | | for original certification shall be made to the Department in | 3 | | writing on forms prescribed by the Department and shall be | 4 | | accompanied by the required fee, which shall not be | 5 | | returnable. The application shall require such information | 6 | | that, in the judgment of the Department, enables the | 7 | | Department to pass on the qualifications of the applicant for | 8 | | certification. | 9 | | (g) Examinations. The Department shall authorize | 10 | | examinations of applicants for a certificate under this | 11 | | Section at the times and places as it may designate. The | 12 | | examination shall be of a character to give a fair test of the | 13 | | qualifications of the applicant to practice as a medication | 14 | | aide. | 15 | | Applicants for examination as a medication aide shall be | 16 | | required to pay, either to the Department or the designated | 17 | | testing service, a fee covering the cost of providing the | 18 | | examination. Failure to appear for the examination on the | 19 | | scheduled date, at the time and place specified, after the | 20 | | applicant's application for examination has been received and | 21 | | acknowledged by the Department or the designated testing | 22 | | service, shall result in the forfeiture of the examination | 23 | | fee. | 24 | | If an applicant fails to pass an examination for | 25 | | certification in accordance with this Section within 3 years | 26 | | after filing his or her application, the application shall be |
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| 1 | | denied. The applicant may thereafter make a new application | 2 | | accompanied by the required fee; however, the applicant shall | 3 | | meet all requirements in effect at the time of subsequent | 4 | | application before obtaining certification. The Department may | 5 | | employ consultants for the purposes of preparing and | 6 | | conducting examinations. | 7 | | (h) Application requirements. An applicant for | 8 | | certification by examination to practice as a certified | 9 | | medication aide must: | 10 | | (1) submit a completed written application on forms | 11 | | provided by the Department and fees as established by the | 12 | | Department; | 13 | | (2) be age 18 or older; | 14 | | (3) have a high school diploma or a high school | 15 | | equivalency certificate; | 16 | | (4) demonstrate the ability to speak, read, and write | 17 | | the English language, as determined by rule; | 18 | | (5) demonstrate competency in math, as determined by | 19 | | rule; | 20 | | (6) be currently certified in good standing as a | 21 | | certified nursing assistant and provide proof of 2,000 | 22 | | hours of practice as a certified nursing assistant within | 23 | | 3 years before application for a certificate under this | 24 | | Section; | 25 | | (7) submit to the criminal history records check | 26 | | required under Section 46 of the Health Care Worker |
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| 1 | | Background Check Act; | 2 | | (8) have not engaged in conduct or behavior determined | 3 | | to be grounds for discipline under this Act; | 4 | | (9) be currently certified to perform cardiopulmonary | 5 | | resuscitation by the American Heart Association or | 6 | | American Red Cross; | 7 | | (10) have successfully completed a course of study | 8 | | approved by the Department as defined by rule; to be | 9 | | approved, the program must include a minimum of 60 hours | 10 | | of classroom-based medication aide education, a minimum of | 11 | | 10 hours of simulation laboratory study, and a minimum of | 12 | | 30 hours of registered nurse-supervised clinical practicum | 13 | | with progressive responsibility of patient medication | 14 | | assistance; | 15 | | (11) have successfully completed the Medication Aide | 16 | | Certification Examination or other examination authorized | 17 | | by the Department; and | 18 | | (12) submit proof of employment by a qualifying | 19 | | facility. | 20 | | (i) Expiration of certification. The expiration date for | 21 | | each certification to practice as a certified medication aide | 22 | | shall be set by the rule. Enforcement and violations shall be | 23 | | subject to those within this Act. | 24 | | (j) Title. No person shall use the title "certified | 25 | | medication aide" unless he or she holds a valid certificate | 26 | | issued by the Department in accordance with this Section. |
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| 1 | | (k) Rules. The Department shall adopt rules to implement | 2 | | the provisions of this Section within 90 days after the | 3 | | effective date of this amendatory Act of the 103rd General | 4 | | Assembly. | 5 | | (225 ILCS 65/Art. 80 rep.) | 6 | | Section 10. The Nurse Practice Act is amended by repealing | 7 | | Article 80. | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law. |
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