Illinois General Assembly - Full Text of HB0822
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Full Text of HB0822  94th General Assembly

HB0822 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0822

 

Introduced 2/2/2005, by Rep. Eddie Washington

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 9/70
210 ILCS 45/3-206.05 new
225 ILCS 65/5-15

    Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, and the Nursing and Advanced Practice Nursing Act. Requires the Department of Public Health to develop and implement rules for the training, certification, and employment of certified medication technicians in nursing homes. Provides that a certified medication technician may administer medications to nursing home residents under the direction of a duly licensed Registered Nurse. Sets forth the requirements for certification of medication technicians. For purposes of the Assisted Living and Shared Housing Act, provides that a certified medication technician may administer all medications allowed under Department of Public Health rules adopted to implement the provisions of the Nursing Home Care Act concerning certified medication technicians. Provides that the Nursing and Advanced Practice Nursing Act does not prohibit delegation to a certified medication technician of the administration of medications in accordance with the provisions of the Nursing Home Care Act concerning certified medication technicians.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Assisted Living and Shared Housing Act is
5 amended by changing Section 70 as follows:
 
6     (210 ILCS 9/70)
7     Sec. 70. Service requirements. An establishment must
8 provide all mandatory services and may provide optional
9 services, including medication reminders, supervision of
10 self-administered medication and medication administration as
11 defined by this Section and nonmedical services defined by
12 rule, whether provided directly by the establishment or by
13 another entity arranged for by the establishment with the
14 consent of the resident or the resident's representative.
15     For the purposes of this Section, "medication reminders"
16 means reminding residents to take pre-dispensed,
17 self-administered medication, observing the resident, and
18 documenting whether or not the resident took the medication.
19     For the purposes of this Section, "supervision of
20 self-administered medication" means assisting the resident
21 with self-administered medication using any combination of the
22 following: reminding residents to take medication, reading the
23 medication label to residents, checking the self-administered
24 medication dosage against the label of the medication,
25 confirming that residents have obtained and are taking the
26 dosage as prescribed, and documenting in writing that the
27 resident has taken (or refused to take) the medication. If
28 residents are physically unable to open the container, the
29 container may be opened for them. Supervision of
30 self-administered medication shall be under the direction of a
31 licensed health care professional.
32     For the purposes of this Section, "medication

 

 

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1 administration" refers to a licensed health care professional
2 employed by an establishment engaging in administering routine
3 insulin and vitamin B-12 injections, oral medications, topical
4 treatments, eye and ear drops, or nitroglycerin patches.
5 Non-licensed staff may not administer any medication, except
6 that a certified medication technician may administer all
7 medications allowed under Department of Public Health rules
8 adopted to implement Section 3-206.05 of the Nursing Home Care
9 Act.
10     The Department shall specify by rule procedures for
11 medication reminders, supervision of self-administered
12 medication, and medication administration.
13     Nothing in this Act shall preclude a physician licensed to
14 practice medicine in all its branches from providing services
15 to any resident.
16 (Source: P.A. 91-656, eff. 1-1-01.)
 
17     Section 10. The Nursing Home Care Act is amended by adding
18 Section 3-206.05 as follows:
 
19     (210 ILCS 45/3-206.05 new)
20     Sec. 3-206.05. Certified medication technician.
21     (a) The Department shall adopt and implement rules for the
22 training, certification, and employment of certified
23 medication technicians in facilities licensed under this Act.
24 Certified medication technicians shall be allowed to
25 administer medications to facility residents under the
26 direction of a duly licensed Registered Nurse in accordance
27 with rules adopted by the Department under this Section.
28     (b) Unless an individual is certified under this Section:
29         (1) The individual may not practice as a certified
30     medication technician.
31         (2) A facility may not employ the individual as a
32     certified medication technician.
33     (c) A certified medication technician must:
34         (1) Be a duly certified nursing assistant under this

 

 

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1     Act.
2         (2) Satisfactorily complete the medication technician
3     training program prescribed by the Department.
4         (3) Satisfactorily meet all continuing education and
5     recertification requirements prescribed by the Department.
6     (d) The Department shall:
7         (1) Prescribe education and training programs for
8     certified medication technicians.
9         (2) Prescribe requirements for re-certification,
10     including continuing education and in-service
11     requirements.
12         (3) Develop standards concerning the functions that
13     may be performed by certified medication technicians,
14     including standards for supervision and oversight by a
15     licensed Registered Nurse.
 
16     Section 15. The Nursing and Advanced Practice Nursing Act
17 is amended by changing Section 5-15 as follows:
 
18     (225 ILCS 65/5-15)
19     (Section scheduled to be repealed on January 1, 2008)
20     Sec. 5-15. Policy; application of Act. For the protection
21 of life and the promotion of health, and the prevention of
22 illness and communicable diseases, any person practicing or
23 offering to practice professional and practical nursing in
24 Illinois shall submit evidence that he or she is qualified to
25 practice, and shall be licensed as provided under this Act. No
26 person shall practice or offer to practice professional or
27 practical nursing in Illinois or use any title, sign, card or
28 device to indicate that such a person is practicing
29 professional or practical nursing unless such person has been
30 licensed under the provisions of this Act.
31     This Act does not prohibit the following:
32         (a) The practice of nursing in Federal employment in
33     the discharge of the employee's duties by a person who is
34     employed by the United States government or any bureau,

 

 

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1     division or agency thereof and is a legally qualified and
2     licensed nurse of another state or territory and not in
3     conflict with Sections 10-5, 10-30, and 10-45 of this Act.
4         (b) Nursing that is included in their program of study
5     by students enrolled in programs of nursing or in current
6     nurse practice update courses approved by the Department.
7         (c) The furnishing of nursing assistance in an
8     emergency.
9         (d) The practice of nursing by a nurse who holds an
10     active license in another state when providing services to
11     patients in Illinois during a bonafide emergency or in
12     immediate preparation for or during interstate transit.
13         (e) The incidental care of the sick by members of the
14     family, domestic servants or housekeepers, or care of the
15     sick where treatment is by prayer or spiritual means.
16         (f) Persons from being employed as nursing aides,
17     attendants, orderlies, and other auxiliary workers in
18     private homes, long term care facilities, nurseries,
19     hospitals or other institutions.
20         (g) The practice of practical nursing by one who has
21     applied in writing to the Department in form and substance
22     satisfactory to the Department, for a license as a licensed
23     practical nurse and who has complied with all the
24     provisions under Section 10-30, except the passing of an
25     examination to be eligible to receive such license, until:
26     the decision of the Department that the applicant has
27     failed to pass the next available examination authorized by
28     the Department or has failed, without an approved excuse,
29     to take the next available examination authorized by the
30     Department or until the withdrawal of the application, but
31     not to exceed 3 months. An applicant practicing practical
32     nursing under this Section who passes the examination,
33     however, may continue to practice under this Section until
34     such time as he or she receives his or her license to
35     practice or until the Department notifies him or her that
36     the license has been denied. No applicant for licensure

 

 

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1     practicing under the provisions of this paragraph shall
2     practice practical nursing except under the direct
3     supervision of a registered professional nurse licensed
4     under this Act or a licensed physician, dentist or
5     podiatrist. In no instance shall any such applicant
6     practice or be employed in any supervisory capacity.
7         (h) The practice of practical nursing by one who is a
8     licensed practical nurse under the laws of another U.S.
9     jurisdiction and has applied in writing to the Department,
10     in form and substance satisfactory to the Department, for a
11     license as a licensed practical nurse and who is qualified
12     to receive such license under Section 10-30, until (1) the
13     expiration of 6 months after the filing of such written
14     application, (2) the withdrawal of such application, or (3)
15     the denial of such application by the Department.
16         (i) The practice of professional nursing by one who has
17     applied in writing to the Department in form and substance
18     satisfactory to the Department for a license as a
19     registered professional nurse and has complied with all the
20     provisions under Section 10-30 except the passing of an
21     examination to be eligible to receive such license, until
22     the decision of the Department that the applicant has
23     failed to pass the next available examination authorized by
24     the Department or has failed, without an approved excuse,
25     to take the next available examination authorized by the
26     Department or until the withdrawal of the application, but
27     not to exceed 3 months. An applicant practicing
28     professional nursing under this Section who passes the
29     examination, however, may continue to practice under this
30     Section until such time as he or she receives his or her
31     license to practice or until the Department notifies him or
32     her that the license has been denied. No applicant for
33     licensure practicing under the provisions of this
34     paragraph shall practice professional nursing except under
35     the direct supervision of a registered professional nurse
36     licensed under this Act. In no instance shall any such

 

 

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1     applicant practice or be employed in any supervisory
2     capacity.
3         (j) The practice of professional nursing by one who is
4     a registered professional nurse under the laws of another
5     state, territory of the United States or country and has
6     applied in writing to the Department, in form and substance
7     satisfactory to the Department, for a license as a
8     registered professional nurse and who is qualified to
9     receive such license under Section 10-30, until (1) the
10     expiration of 6 months after the filing of such written
11     application, (2) the withdrawal of such application, or (3)
12     the denial of such application by the Department.
13         (k) The practice of professional nursing that is
14     included in a program of study by one who is a registered
15     professional nurse under the laws of another state or
16     territory of the United States or foreign country,
17     territory or province and who is enrolled in a graduate
18     nursing education program or a program for the completion
19     of a baccalaureate nursing degree in this State, which
20     includes clinical supervision by faculty as determined by
21     the educational institution offering the program and the
22     health care organization where the practice of nursing
23     occurs. The educational institution will file with the
24     Department each academic term a list of the names and
25     origin of license of all professional nurses practicing
26     nursing as part of their programs under this provision.
27         (l) Any person licensed in this State under any other
28     Act from engaging in the practice for which she or he is
29     licensed.
30         (m) Delegation to authorized direct care staff trained
31     under Section 15.4 of the Mental Health and Developmental
32     Disabilities Administrative Act.
33         (n) Delegation of administration of medications to a
34     certified medication technician certified under Section
35     3-206.05 of the Nursing Home Care Act.
36     An applicant for license practicing under the exceptions

 

 

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1 set forth in subparagraphs (g), (h), (i), and (j) of this
2 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
3 Pend. respectively and no other.
4 (Source: P.A. 93-265, eff. 7-22-03.)