HB4994 103RD GENERAL ASSEMBLY

LRB103 37051 RTM 67167 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4994

Introduced 2/8/2024, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

225 ILCS 65/Art. 80 heading
225 ILCS 65/80-10
225 ILCS 65/80-45

Amends the Nurse Practice Act. Changes the name of the Medication Aide Pilot Program to the Medication Aide Program. Makes conforming changes. Removes language that limits the program to 3 years. Provides that to be approved as a qualified facility under the program (instead of for the duration of the pilot program), a facility must meet specified requirements. Removes provisions that provide that the Department of Financial and Professional Regulation shall submit a report regarding patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 6 months after termination of the pilot program. Removes language providing that licenses under the Medication Aide Program Article may not be renewed or restored. Makes corresponding changes.

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 80-10 and 80-45 as follows:

(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(Article scheduled to be repealed on January 1, 2028)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 65/80-10)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-10. Program Pilot program.

(a) The Department shall administer and enforce a 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 facility under the for the duration of the pilot program, a facility must:

(1) be licensed in good standing as a skilled nursing facility by the Department of Public Health;

(2) 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 licensed medication aide will not replace or diminish the employment of a registered nurse or licensed practical nurse at the facility;

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

(5) certify that, with the exception of licensed health care professionals, only 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 6 months after termination of the pilot program.

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

(225 ILCS 65/80-45)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80-45. Expiration of license. The expiration date for each license to practice as a 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.)