HB4960 95TH GENERAL ASSEMBLY

LRB095 17683 DRJ 45396 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4960

Introduced , by Rep. Careen M Gordon

SYNOPSIS AS INTRODUCED:

New Act

Creates the Medication Aide Pilot Program Act. Directs the Board of Nursing to establish a pilot program in assisted living establishments to determine the impact on resident health and safety of allowing certified nursing assistants acting as pilot study medication aides to administer medications under educational requirements and conditions prescribed by the Board. Prohibits assisted living establishments participating in the pilot program from replacing existing registered nurse and licensed practical nurse positions with certified nursing assistants or pilot study medication aides. Requires the pilot program to be completed by December 1, 2010, and requires the Board to report the results to the Governor and the General Assembly. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

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

Section 1. Short title. This Act may be cited as the Medication Aide Pilot Program Act.

Section 5. Definitions. In this Act:

"Assisted living establishment" means an assisted living establishment licensed under the Assisted Living and Shared Housing Act.

"Board" means the Board of Nursing appointed by the Secretary of Financial and Professional Regulation.

Section 10. Pilot program. The Board shall establish a pilot program to determine the impact on resident health and safety of allowing certified nursing assistants acting as pilot study medication aides to administer medications under educational requirements and conditions prescribed by the Board. The Board shall conduct the pilot in no more than 10 assisted living establishments. The pilot program shall not be conducted in dementia units of assisted living establishments.

Section 15. Assisted living establishments; conditions of participation. Except as otherwise provided in this Section, assisted living establishments participating in the pilot program shall not replace existing registered nurse and licensed practical nurse positions with certified nursing assistants or pilot study medication aides. The Board may authorize, as part of the pilot program, adjustments to an assisted living establishment's nursing staff mix as necessary to conduct an evidence-based study to determine the impact of varying staffing models upon resident health and safety. Assisted living establishments participating in the pilot program shall not violate State or federal laws relating to the adequacy of nursing coverage.

Section 20. Program features. The pilot program must include delegation and supervision protocols regarding which medications the pilot study medication aides may and may not administer and under what conditions the medications may be administered. The protocols shall prohibit medication aides from administering any medication or fluid by needle, IV, or feeding tube. The protocols must give registered nurses the authority to refuse to delegate the administration of medications to pilot study medication aides if a nurse believes that resident health and safety is at risk.

Section 25. Policies of the Board. The Board shall adopt policies prescribing the training program and certification requirements for certified nursing assistants participating in the pilot program as pilot study medication aides based on the model curriculum of the National Council of State Boards of Nursing.

Section 30. Time period; report.

(a) The Board shall complete the pilot program on or before December 1, 2010.

(b) The Board shall submit a written report on or before December 1, 2010 to the Governor and the Illinois General Assembly regarding the results of the pilot program and recommendations for any administrative or legislative action.

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