Rep. Yolonda Morris

Filed: 5/14/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1779

2    AMENDMENT NO. ______. Amend Senate Bill 1779 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by adding
5Section 3-220 as follows:
 
6    (210 ILCS 45/3-220 new)
7    Sec. 3-220. Certified medication aide program.
8    (a) Definitions. As used in this Section:
9    "Department" means the Department of Public Health.
10    "Certified medication aide" means a person who has met the
11qualifications for certification under this Section who
12assists with medication administration while under the
13supervision of a registered professional nurse in a skilled
14nursing facility.
15    "Qualified employer" means a facility licensed under this
16Act by the Department of Public Health that meets the

 

 

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1qualifications set forth in subsection (c) of Section 3-220 of
2this Act.
3    (b) The Department shall administer and enforce a
4certified medication aide program, ensuring the regulation and
5certification of medication aides. In order for a facility to
6use certified medication aides, it must have the approval of
7the Department.
8    (c) To be approved as a qualified facility, a facility
9must:
10        (1) be licensed and in compliance when applying as a
11    skilled nursing facility by the Department of Public
12    Health;
13        (2) not appear on the Centers for Medicare and
14    Medicaid Services Special Focus Facility List;
15        (3) certify that the employment of a certified
16    medication aide will not replace or diminish the
17    employment of a registered nurse or licensed practical
18    nurse at the facility;
19        (4) certify that a registered nurse will be on duty
20    and present in the facility to delegate and supervise the
21    medication administration by a certified medication aide
22    during the delegation times;
23        (5) certify that, with the exception of licensed
24    health care professionals, only certified medication aides
25    will be employed in the capacity of administering
26    medication; and

 

 

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1        (6) provide information regarding patient safety,
2    efficiency, and errors as determined by the Department by
3    rule.
4        Failure to submit any required report shall be grounds
5    for discipline or sanctions under this Act, the Nurse
6    Practice Act, or the Nursing Home Administrators Licensing
7    and Disciplinary Act.
8    (d) The Department shall submit a report regarding patient
9safety, efficiency, and errors, as determined by rule, to the
10General Assembly no later than one year after the full
11implementation of the program.
12    (e) Nothing in this Section shall be construed as
13preventing or restricting the practice, services, or
14activities of:
15        (1) any person licensed in this State by any other law
16    from engaging in the profession or occupation for which
17    the person is licensed;
18        (2) any person employed as a medication aide by the
19    government of the United States, if the person practices
20    as a medication aide solely under the direction or control
21    of the organization by which the person is employed; or
22        (3) any person pursuing a course of study leading to a
23    certificate in medication aide at an accredited or
24    approved educational program if such activities and
25    services constitute a part of a supervised course of study
26    and if such person is designated by a title which clearly

 

 

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1    indicates the person's status as a student or trainee.
2    (f) Nothing in this Section shall be construed to limit
3the delegation of tasks or duties by a physician, dentist,
4advanced practice registered nurse, or podiatric physician as
5authorized by law.
6    (g) A certified medication aide may only practice in a
7qualified facility.
8    (h) Certified medication aides must be supervised by and
9receive delegation from a registered nurse that is on duty and
10present in the facility at all times when certified medication
11aides are administering medication.
12    (i) Certified medication aides shall not perform other
13duties during the duration of the medication distribution.
14    (j) Certified medication aides shall not administer any
15medication until a physician has conducted an initial
16assessment of the resident.
17    (k) Certified medication aides shall not administer any
18Schedule II controlled substances as set forth in the Illinois
19Controlled Substances Act and may not administer any
20subcutaneous, intramuscular, intradermal, or intravenous
21medication.
22    (l) In addition to any other penalty provided by law, any
23person who practices, offers to practice, attempts to
24practice, or holds oneself out to practice as a medication
25aide without being certified under this Section shall pay a
26civil penalty to the Department in an amount determined by the

 

 

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1Department by rule.
2    (m) The Department has the authority and power to
3investigate any and all activity under this Section that is
4not certified.
5    (n) The civil penalty described in this Section shall be
6paid within 60 days after the effective date of the order
7imposing the civil penalty. The order shall constitute a
8judgment and may be filed and execution had thereon in the same
9manner as any judgment from any court of record.
10    (o) The Department shall authorize examinations of
11applicants for certification under this Section at the times
12and places it designates. The examination shall be of a
13character to give a fair test of the qualifications of the
14applicant to practice as a certified medication aide.
15    (p) Applicants for examination as a certified medication
16aide shall be required to pay, either to the Department or the
17designated testing service, a fee covering the cost of
18providing the examination. Failure to appear for the
19examination on the scheduled date, at the time and place
20specified, after the applicant's application for examination
21has been received and acknowledged by the Department or the
22designated testing service, shall result in the forfeiture of
23the examination fee.
24    (q) An applicant for certification by examination to
25practice as a certified medication aide must:
26        (1) submit a completed written application on forms

 

 

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1    provided by the Department and pay any fees as established
2    by the Department;
3        (2) be age 18 or older;
4        (3) have a State of Illinois High School Diploma;
5        (4) demonstrate the ability to speak, read, and write
6    the English language or language of the facility, as
7    determined by rule;
8        (5) demonstrate competency in math, as determined by
9    rule;
10        (6) be currently certified in good standing as a
11    certified nursing assistant and provide proof of 2,000
12    hours of practice as a certified nursing assistant within
13    3 years before application for certification;
14        (7) submit to the criminal history records check
15    required under the Health Care Worker Background Check
16    Act;
17        (8) have not engaged in conduct or behavior determined
18    to be grounds for discipline under this Act;
19        (9) be currently certified to perform cardiopulmonary
20    resuscitation by the American Heart Association or
21    American Red Cross;
22        (10) have successfully completed a course of study
23    that is approved by the Department by rule and that
24    includes:
25            (A) a minimum of 60 hours of classroom-based
26        certified medication aide education;

 

 

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1            (B) a minimum of 10 hours of simulation laboratory
2        study; and
3            (C) a minimum of 30 hours of registered
4        nurse-supervised clinical practicum with progressive
5        responsibility of patient medication assistance;
6        (11) have successfully completed the medication aide
7    certification examination or other examination authorized
8    by the Department; and
9        (12) submit proof of employment by a qualifying
10    facility.
11    (r) The expiration date for each certification to practice
12as a certified medication aide shall be set by rule.
13    (s) Violations and enforcement shall be as otherwise
14provided in Article III of this Act.
15    (t) Any person who is issued a certification as a
16medication aide under the terms of this Section shall use the
17words "certified medication aide" in connection with the
18person's name to denote the person's certification under this
19Section.
20    (u) The Department shall propose rules to implement,
21administer, and enforce this Section within 90 days after the
22effective date of this amendatory Act of the 103rd General
23Assembly.".