SB3759 103RD GENERAL ASSEMBLY

LRB103 38450 RTM 68586 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3759

Introduced 2/9/2024, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

225 ILCS 65/70-3 new
225 ILCS 65/Art. 80 heading
225 ILCS 65/80-5
225 ILCS 65/80-10
225 ILCS 65/80-15
225 ILCS 65/80-20
225 ILCS 65/80-25
225 ILCS 65/80-30
225 ILCS 65/80-35
225 ILCS 65/80-40
225 ILCS 65/80-45
225 ILCS 65/80-50
225 ILCS 65/80-55

Amends the Medication Aide Pilot Program Article of the Nurse Practice Act. Changes the title of the Article to Medication Aide Program. Provides that the Department of Public Health (instead of the Department of Financial and Professional Regulation) shall administer and enforce a Certified Medication Aide Program (instead of a Licensed Medication Aide Pilot Program). Makes conforming changes. Provides that the term "qualified employer" means an assisted living or shared housing establishment (instead of a long-term care facility) licensed by the Department of Public Health that meets specified qualifications; makes changes concerning the qualifications. Amends the Administration and Enforcement Article of the Nurse Practice Act to specify that the Department of Public Health shall administer and enforce the provisions of the Article with regards to a certified medication aide.

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 changing the heading of Article 80 and Sections 80-5, 80-10, 80-15, 80-20, 80-25, 80-30, 80-35, 80-40, 80-45, 80-50, and 80-55 and by adding Section 70-3 as follows:

(225 ILCS 65/70-3 new)

Sec. 70-3. Definitions. In this Article:

"Department" means the Department of Financial and Professional Regulation, except for a certified medication aide certified under Article 80. For a certified medication aide, "Department" means the Department of Public Health.

"Secretary" means the Secretary of Financial and Professional Regulation, except for a certified medication aide certified under Article 80. For a certified medication aide, "Secretary" means the Director of Public Health.

(225 ILCS 65/Art. 80 heading)

ARTICLE 80. MEDICATION AIDE PILOT PROGRAM

(Article scheduled to be repealed on January 1, 2028)

(Source: P.A. 98-990, eff. 8-18-14.)

(225 ILCS 65/80-5)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-5. Definitions. For the purposes of this Article only:

"Department" means the Department of Public Health.

"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 certification licensure under this Article who assists with medication administration while under the supervision of a registered professional nurse (RN) in an assisted living and shared housing establishment a long-term care facility.

"Qualified employer" means an assisted living or shared housing establishment a long-term care facility licensed by the Department of Public Health that meets the qualifications set forth in Section 80-10.

(Source: P.A. 98-990, eff. 8-18-14.)

(225 ILCS 65/80-10)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-10. Medication aide Pilot program.

(a) The Department shall administer and enforce a Certified Licensed Medication Aide Pilot Program. The program shall last for a period of 3 years, as determined by rule. During the 3-year pilot program, the Department shall license and regulate licensed medication aides. As part of the pilot program, no more than 10 skilled nursing homes, which shall be geographically located throughout the State, shall be authorized to employ licensed medication aides, as approved by the Department. The Department may consult with the Department of Public Health as necessary to properly administer and enforce this Article.

(b) To be approved as a qualified establishment, an establishment facility for the duration of the pilot program, a facility must:

(1) be licensed in good standing as an assisted living or shared housing establishment a skilled nursing facility by the Department of Public Health;

(2) (blank); have an overall Five Star Quality Rating of 3, 4, or 5 from the most recent data available on the Centers for Medicare and Medicaid Services' website;

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

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

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

(6) 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, the Nursing Home Administrators Licensing and Disciplinary Act, or the Nursing Home Care Act.

The Department shall submit a report regarding patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than one year 6 months after implementation of this Act termination of the pilot program.

(Source: P.A. 98-990, eff. 8-18-14.)

(225 ILCS 65/80-15)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-15. Certification Licensure requirement; exempt activities.

(a) No On and after January 1, 2015, no person shall practice as a medication aide or hold the person himself or herself out as a certified licensed medication aide in this State unless the person he or she is certified 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 he or she 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 he or she 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 his or her 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.

(Source: P.A. 100-513, eff. 1-1-18.)

(225 ILCS 65/80-20)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-20. Scope of practice.

(a) A certified licensed medication aide may only practice in a qualified establishment facility.

(b) Certified Licensed medication aides must be supervised by and receive delegation by a registered nurse that is on-duty and present in the establishment facility at all times.

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

(d) Certified Licensed medication aides shall not administer any medication until a physician has conducted an initial assessment of the resident.

(e) Certified Licensed medication aides 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.

(Source: P.A. 98-990, eff. 8-18-14.)

(225 ILCS 65/80-25)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-25. Uncertified 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 certified 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 uncertified 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.

(Source: P.A. 98-990, eff. 8-18-14.)

(225 ILCS 65/80-30)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-30. Applications for original certification licensure. Applications for original certification 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 certification 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.

(Source: P.A. 98-990, eff. 8-18-14.)

(225 ILCS 65/80-35)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-35. Examinations. The Department shall authorize examinations of applicants for a certification 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 certification licensure under this Act within 3 years after filing his or her 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 certification licensure. The Department may employ consultants for the purposes of preparing and conducting examinations.

(Source: P.A. 100-513, eff. 1-1-18.)

(225 ILCS 65/80-40)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-40. Certification Licensure by examination. An applicant for certification licensure by examination to practice as a certified 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 State of Illinois High School Diploma;

(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 applying application for certification licensure;

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

(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.

(Source: P.A. 102-1100, eff. 1-1-23.)

(225 ILCS 65/80-45)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-45. Expiration of certification license. The expiration date for each certificate license to practice as a certified licensed medication aide shall be set by the rule. Licenses under this Article may not be renewed or restored.

(Source: P.A. 98-990, eff. 8-18-14.)

(225 ILCS 65/80-50)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-50. Administration and enforcement. Certificates Licenses issued under this Article are subject to Article 70, including grounds for disciplinary action under Section 70-5.

(Source: P.A. 98-990, eff. 8-18-14.)

(225 ILCS 65/80-55)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-55. Title. Any person who is issued a certificate license as a medication aide under the terms of this Act shall use the words "certified licensed medication aide" in connection with his or her name to denote his or her certification licensure under this Act.

(Source: P.A. 98-990, eff. 8-18-14.)