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Public Act 094-0638 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Home | ||||
Health and Hospice Drug Dispensation and Administration Act . | ||||
Section 5. Legislative intent. The General Assembly | ||||
intends to protect the home health care and hospice services | ||||
patient by allowing authorized nursing employees in the home | ||||
health and hospice professions to have specified drugs readily | ||||
available when a patient may require their use.
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Section 10. Definitions. In this Act: | ||||
"Authorized nursing employee" means a registered nurse or | ||||
advanced practice nurse, as defined in the Nursing and Advanced | ||||
Practice Nursing Act, who is employed by a home health agency | ||||
or hospice licensed in this State. | ||||
"Health care professional" means a physician licensed to | ||||
practice medicine in all its branches, an advanced practice | ||||
nurse who has a written collaborative agreement with a | ||||
collaborating physician that authorizes services under this | ||||
Act, or a physician assistant who has been delegated the | ||||
authority to perform services under this Act by his or her | ||||
supervising physician. | ||||
"Home health agency" has the meaning ascribed to it in | ||||
Section 2.04 of the Home Health Agency Licensing Act.
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"Hospice" means a full hospice, as defined in Section 3 of | ||||
the Hospice Program Licensing Act. | ||||
"Physician" means a physician licensed under the Medical | ||||
Practice Act of 1987 to practice medicine in all its branches. | ||||
Section 15. Purchase of specified drugs. A home health | ||||
agency or hospice may purchase sealed portable containers of |
drugs specified in Section 20 of this Act pursuant to a | ||
prescription from its medical director who is a physician or | ||
from a health care professional for the purpose of | ||
administration to the agency's or hospice's patients under the | ||
patient's treating health care professional's orders. | ||
Section 20. Possession of specified drugs. | ||
(a) A home health agency, hospice, or authorized nursing | ||
employee of an agency or hospice, in compliance with this | ||
Section, may possess or transport the following specified drugs | ||
in a sealed portable container for the purpose of | ||
administration to the agency's or hospice's patients pursuant | ||
to the patient's treating health care professional's orders:
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(1) Sterile saline in a sealed portable container of a | ||
size determined by the dispensing pharmacist. | ||
(2) Sterile water. | ||
(3) Not more than 5 dosage units of any of the | ||
following items in an individually sealed, unused portable | ||
container:
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(A) Heparin sodium lock flush in a concentration of | ||
10 units per milliliter or 100 units per milliliter. | ||
(B) Epinephrine HCI solution in a concentration of | ||
one to 1,000.
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(4) Not more than 2 dosage units of Diphenhydramine | ||
(Benadryl) 50 milligrams intravenously in an individually | ||
sealed, unused portable container, clearly labeled, and | ||
placed in a protective carrier. | ||
Section 25. Proper procedures. | ||
(a) A home health agency, hospice, or authorized nursing | ||
employee of an agency or hospice may purchase, possess, or | ||
transport drugs listed in Section 20 of this Act in a sealed | ||
portable container only if the agency or hospice has | ||
established policies and procedures to ensure that:
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(1) the container is handled properly with respect to | ||
storage, transportation, and temperature stability; |
(2) a drug is removed from the container only on a | ||
health care professional's written or oral order; | ||
(3) the administration of any drug in the container is | ||
performed in accordance with a specific treatment | ||
protocol; and | ||
(4) the agency or hospice maintains a written signature | ||
record of the dates and times the container is in the | ||
possession of an authorized nursing employee.
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(b) An authorized nursing employee of an agency or hospice | ||
who administers a drug listed in Section 20 of this Act may | ||
administer the drug only in the patient's residence under a | ||
treating health care professional's orders in connection with | ||
the provision of emergency treatment or the adjustment of | ||
parenteral drug therapy. | ||
(c) When an authorized nursing employee of an agency or | ||
hospice administers a drug listed in Section 20 of this Act | ||
pursuant to a treating health care professional's oral order, | ||
the authorized nursing employee or the agency or hospice shall
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reduce the order to written form and send this written | ||
confirmation to the patient's treating health care | ||
professional by mail or facsimile transmission, not later than | ||
24 hours after receipt of the order. | ||
(d) A pharmacist who dispenses a sealed portable container | ||
under Section 20 of this Act shall ensure that the container:
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(1) Is designed to allow access to the contents of the | ||
container only if a tamper-proof seal is broken. | ||
(2) Bears a label that lists the drugs in the container | ||
and provides notice of the container's expiration date, | ||
which is the earlier of: | ||
(A) the date that is 6 months after the date on | ||
which the container is dispensed; or | ||
(B) the earliest expiration date of any drug in the | ||
container. | ||
(e) A pharmacy that dispenses a sealed portable container | ||
under this Act shall provide written instructions and counsel | ||
the authorized nursing employee of a home health agency or |
hospice on the safe storage, transportation, and temperature | ||
stability of the contents of the sealed container.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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