Illinois General Assembly - Full Text of HB5051
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Full Text of HB5051  102nd General Assembly

HB5051 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5051

 

Introduced 1/27/2022, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 80/4.33
225 ILCS 65/80-5
225 ILCS 65/80-10
225 ILCS 65/80-15
225 ILCS 65/80-45

    Amends the Regulatory Sunset Act. Provides that the Nurse Practice Act is not repealed on January 1, 2023. Amends the Nurse Practice Act. Changes the name of the pilot program to the Medication Aide Program and makes the Program permanent. Removes provisions that provide that: no more than 10 skilled nursing homes shall be authorized to employ licensed medication aides; and to be approved as a qualified facility, the facility must have an overall 5-star quality rating of 3, 4, or 5 from the most recent data available on the Centers for Medicare and Medicaid Services' website. Changes references to the Department of Public Health to the Department of Healthcare and Family Services. Provides that the Department of Financial and Professional Regulation shall submit a report regarding patient safety, efficiency, and errors to the General Assembly no later than one year (instead of 6 months) after the implementation of the amendatory Act. Restricts licenses from being renewed or restored. Makes other changes. Effective immediately.


LRB102 25082 AMQ 34342 b

 

 

A BILL FOR

 

HB5051LRB102 25082 AMQ 34342 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.33 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
 
20    Section 10. The Nurse Practice Act is amended by changing
21Sections 80-5, 80-10, 80-15, and 80-45 as follows:
 

 

 

HB5051- 2 -LRB102 25082 AMQ 34342 b

1    (225 ILCS 65/80-5)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 80-5. Definitions. For the purposes of this Article
4only:
5    "Direct-care assignment" means an assignment as defined
6for staffing requirements as direct care staff under 77 CFR
7300.1230.
8    "Medication aide" means a person who has met the
9qualifications for licensure under this Article who assists
10with medication administration while under the supervision of
11a registered professional nurse (RN) in a long-term care
12facility.
13    "Qualified employer" means a supportive living facility
14long-term care facility licensed by the Department of Public
15Health that meets the qualifications set forth in Section
1680-10.
17(Source: P.A. 98-990, eff. 8-18-14.)
 
18    (225 ILCS 65/80-10)
19    (Section scheduled to be repealed on January 1, 2028)
20    Sec. 80-10. Medication Aide Program Pilot program.
21    (a) The Department shall administer and enforce a Licensed
22Medication Aide Pilot Program. The program shall last for a
23period of 3 years, as determined by rule. During the 3-year
24pilot program, the Department shall license and regulate
25licensed medication aides. As part of the pilot program, no

 

 

HB5051- 3 -LRB102 25082 AMQ 34342 b

1more than 10 skilled nursing homes, which shall be
2geographically located throughout the State, shall be
3authorized to employ licensed medication aides, as approved by
4the Department. The Department may consult with the Department
5of Healthcare and Family Services Public Health as necessary
6to properly administer and enforce this Article.
7    (b) To be approved as a qualified facility for the
8duration of the pilot program, a facility must:
9        (1) be licensed in good standing as a supportive
10    living facility skilled nursing facility by the Department
11    of Healthcare and Family Services Public Health;
12        (2) (blank); have an overall Five Star Quality Rating
13    of 3, 4, or 5 from the most recent data available on the
14    Centers for Medicare and Medicaid Services' website;
15        (3) certify that the employment of a licensed
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 licensed medication aide at
22    all times;
23        (5) certify that, with the exception of licensed
24    health care professionals, only licensed medication aides
25    will be employed in the capacity of administering
26    medication; and

 

 

HB5051- 4 -LRB102 25082 AMQ 34342 b

1        (6) provide information regarding patient safety,
2    efficiency, and errors as determined by the Department;
3    failure to submit any required report may be grounds for
4    discipline or sanctions under this Act, the Nursing Home
5    Administrators Licensing and Disciplinary Act, or the
6    Nursing Home Care Act.
7    The Department shall submit a report regarding patient
8safety, efficiency, and errors, as determined by rule, to the
9General Assembly no later than one year 6 months after
10implementation of this amendatory Act of the 102nd General
11Assembly termination of the pilot program.
12(Source: P.A. 98-990, eff. 8-18-14.)
 
13    (225 ILCS 65/80-15)
14    (Section scheduled to be repealed on January 1, 2028)
15    Sec. 80-15. Licensure requirement; exempt activities.
16    (a) No On and after January 1, 2015, no person shall
17practice as a medication aide or hold himself or herself out as
18a licensed medication aide in this State unless he or she is
19licensed under this Article.
20    (b) Nothing in this Article shall be construed as
21preventing or restricting the practice, services, or
22activities of:
23        (1) any person licensed in this State by any other law
24    from engaging in the profession or occupation for which he
25    or she is licensed;

 

 

HB5051- 5 -LRB102 25082 AMQ 34342 b

1        (2) any person employed as a medication aide by the
2    government of the United States, if such person practices
3    as a medication aide solely under the direction or control
4    of the organization by which he or she is employed; or
5        (3) any person pursuing a course of study leading to a
6    certificate in medication aide at an accredited or
7    approved educational program if such activities and
8    services constitute a part of a supervised course of study
9    and if such person is designated by a title which clearly
10    indicates his or her status as a student or trainee.
11    (c) Nothing in this Article shall be construed to limit
12the delegation of tasks or duties by a physician, dentist,
13advanced practice registered nurse, or podiatric physician as
14authorized by law.
15(Source: P.A. 100-513, eff. 1-1-18.)
 
16    (225 ILCS 65/80-45)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 80-45. Expiration of license. The expiration date for
19each license to practice as a licensed medication aide shall
20be set by the rule. Licenses under this Article may not be
21renewed or restored.
22(Source: P.A. 98-990, eff. 8-18-14.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.