Full Text of HB0822 94th General Assembly
HB0822eng 94TH GENERAL ASSEMBLY
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HB0822 Engrossed |
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LRB094 07335 DRJ 37493 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Assisted Living and Shared Housing Act is | 5 |
| amended by changing Section 70 as follows:
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| (210 ILCS 9/70)
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| Sec. 70. Service requirements. An
establishment must
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| provide all mandatory services and may provide optional | 9 |
| services, including
medication reminders, supervision of | 10 |
| self-administered medication and
medication administration as
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| 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.
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| 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.
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| 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
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| 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
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| container may be opened for them. Supervision of | 30 |
| self-administered medication
shall be under the direction of a | 31 |
| licensed health care professional.
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| For the purposes of this Section, "medication |
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HB0822 Engrossed |
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| 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.
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| Non-licensed staff may not administer any medication , except | 6 |
| that a certified medication aide may administer all medications | 7 |
| allowed under Department of Public Health rules adopted to | 8 |
| implement Section 3-206.05 of the Nursing Home Care Act . A | 9 |
| certified medication aide is prohibited from administering | 10 |
| medication to a resident until the required comprehensive | 11 |
| assessment by a physician is completed. A certified medication | 12 |
| aide is prohibited from administering medication to a resident | 13 |
| whose medical condition is determined to be unstable.
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| The Department shall specify by rule procedures for | 15 |
| medication reminders,
supervision of self-administered | 16 |
| medication, and medication administration.
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| Nothing in this Act shall preclude a physician licensed to | 18 |
| practice medicine
in all its branches from providing services | 19 |
| to any resident.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| Section 10. The Nursing Home Care Act is amended by adding | 22 |
| Section 3-206.05 as follows: | 23 |
| (210 ILCS 45/3-206.05 new) | 24 |
| Sec. 3-206.05. Certified medication aide. | 25 |
| (a) The General Assembly finds that 30 other states have | 26 |
| had successful medication aide programs for many years. | 27 |
| Further, the addition of certified medication aides would | 28 |
| increase the amount of skilled nursing care available by | 29 |
| enabling licensed nurses to devote even more time to the | 30 |
| assessment and monitoring of patient conditions. The certified | 31 |
| medication aide will assist a licensed nurse in the | 32 |
| administration of routine medications. | 33 |
| (b) The Director shall appoint a Planning and Certification | 34 |
| Committee to develop the training curriculum, certification |
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| test, certification requirements, continuing education | 2 |
| standards, regulations, and ongoing evaluation process for | 3 |
| medication aides. The committee shall review any reports of | 4 |
| gross negligence on the part of any medication aide and shall | 5 |
| monitor the overall effectiveness of the medication aide | 6 |
| program. The committee shall be composed of one representative | 7 |
| from a nursing association, one representative from a nursing | 8 |
| school, one representative from the community colleges, one | 9 |
| representative from an organization advocating for seniors, | 10 |
| and 3 representatives from associations representing long-term | 11 |
| care providers. The committee shall submit an annual progress | 12 |
| report to the General Assembly beginning July 1, 2006. The | 13 |
| report shall include a progress report on medication aide | 14 |
| program implementation and recommendations for legislative | 15 |
| changes necessary for program improvement. | 16 |
| (c) Based on the recommendations of the Planning and | 17 |
| Certification Committee, the Department shall adopt and | 18 |
| implement rules for the
training, certification, and | 19 |
| employment of certified
medication aides in facilities | 20 |
| licensed under this Act.
Certified medication aides shall be | 21 |
| allowed to
administer medications to facility residents under | 22 |
| the
supervision of a duly licensed health care professional in | 23 |
| accordance
with rules adopted by the Department under this | 24 |
| Section. | 25 |
| (d) Unless an individual is certified under this Section: | 26 |
| (1) The individual may not practice as a certified
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| medication aide. | 28 |
| (2) A facility may not employ the individual as a
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| certified medication aide. | 30 |
| (e) A certified medication aide must comply with all of the | 31 |
| following: | 32 |
| (1) He or she must be a duly certified nursing | 33 |
| assistant under this
Act for at least one year. | 34 |
| (2) He or she must satisfactorily complete the | 35 |
| medication aide
training program involving at least 60 | 36 |
| hours of classroom training and 40 hours of clinical |
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| training prescribed by the Department. | 2 |
| (3) He or she must satisfactorily meet all continuing | 3 |
| education and
recertification requirements prescribed by | 4 |
| the Department. | 5 |
| (4) He or she may not administer any schedule II | 6 |
| controlled substances, any medication by sub-cutaneous, | 7 |
| intramuscular, intradermal, or intravenous route, or any | 8 |
| medications injected into a tube. | 9 |
| (5) He or she may not pass medications in a sub-acute | 10 |
| section of a nursing home.
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| (6) He or she is prohibited from administering | 12 |
| medication to a resident of a long-term care facility until | 13 |
| the initial comprehensive assessment is completed and | 14 |
| reviewed by a licensed health care professional. | 15 |
| (7) He or she is prohibited from administering | 16 |
| medication to a resident whose comprehensive assessment | 17 |
| indicated an unstable medical condition. | 18 |
| (f) A facility must comply with the following staffing | 19 |
| requirements: | 20 |
| (1) Only a certified medication aide may be employed in | 21 |
| the capacity of a medication aide. | 22 |
| (2) A certified medication aide may not be assigned | 23 |
| other duties when employed in the capacity of a medication | 24 |
| aide. | 25 |
| (3) A certified medication aide may not be used to | 26 |
| achieve minimum staffing requirements under this Act.
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| (g) The Department shall do all of the following: | 28 |
| (1) Prescribe education and training programs for
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| certified medication aides. | 30 |
| (2) Prescribe requirements for re-certification,
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| including continuing education and in-service
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| requirements. | 33 |
| (3) Develop standards concerning the functions that
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| may be performed by certified medication aides,
including | 35 |
| standards for oversight by a
licensed healthcare | 36 |
| professional.
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| Section 15. The Nursing and Advanced Practice Nursing Act | 2 |
| is amended by changing Section 5-15 as follows:
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| (225 ILCS 65/5-15)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 5-15. Policy; application of Act. For the protection | 6 |
| of life and the
promotion of health, and the prevention of | 7 |
| illness and communicable diseases,
any person practicing or | 8 |
| offering to practice professional and practical
nursing in | 9 |
| Illinois shall submit evidence that he or she is qualified to
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| practice, and shall be licensed as provided under this Act. No | 11 |
| person shall
practice or offer to practice professional or | 12 |
| practical nursing in Illinois or
use any title, sign, card or | 13 |
| device to indicate that such a person is
practicing | 14 |
| professional or practical nursing unless such person has been
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| licensed under the provisions of this Act.
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| This Act does not prohibit the following:
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| (a) The practice of nursing in Federal employment in | 18 |
| the discharge of the
employee's duties by a person who is | 19 |
| employed by the United States
government or any bureau, | 20 |
| division or agency thereof and is a legally
qualified and | 21 |
| licensed nurse of another state or territory and not in
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| conflict with Sections 10-5, 10-30, and 10-45 of this
Act.
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| (b) Nursing that is included in their program of study | 24 |
| by
students
enrolled in programs of nursing or in current | 25 |
| nurse practice update courses
approved by the Department.
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| (c) The furnishing of nursing assistance in an | 27 |
| emergency.
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| (d) The practice of nursing by a nurse who holds an | 29 |
| active license in
another state when providing services to | 30 |
| patients in Illinois during a bonafide
emergency or in | 31 |
| immediate preparation for or during interstate
transit.
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| (e) The incidental care of the sick by members of the | 33 |
| family, domestic
servants or housekeepers, or care of the | 34 |
| sick where treatment is by prayer
or spiritual means.
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LRB094 07335 DRJ 37493 b |
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| (f) Persons from being employed as nursing aides, | 2 |
| attendants, orderlies,
and
other auxiliary workers in | 3 |
| private homes, long term care facilities,
nurseries, | 4 |
| hospitals or other institutions.
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| (g) The practice of practical nursing by one who has | 6 |
| applied in writing to
the Department in form and substance | 7 |
| satisfactory to the Department, for a
license as a licensed | 8 |
| practical nurse and who has complied with all the
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| provisions under Section 10-30, except the passing of an | 10 |
| examination
to be eligible to receive such license, until: | 11 |
| the decision of the Department
that the applicant has | 12 |
| failed to pass the next available examination
authorized by | 13 |
| the Department or has failed, without an approved excuse, | 14 |
| to
take the next available examination authorized by the | 15 |
| Department or until the
withdrawal of the application, but | 16 |
| not to exceed 3 months.
An applicant practicing practical | 17 |
| nursing under this Section who passes the
examination, | 18 |
| however, may continue to practice under this Section until | 19 |
| such
time as he or she receives his or her license to | 20 |
| practice or until the
Department notifies him or her that | 21 |
| the license has been denied.
No applicant
for licensure | 22 |
| practicing under
the provisions of this paragraph shall | 23 |
| practice practical nursing except
under the direct | 24 |
| supervision of a registered professional nurse licensed
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| under this Act or a licensed physician, dentist or | 26 |
| podiatrist. In no
instance shall any such applicant | 27 |
| practice or be
employed in any supervisory capacity.
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| (h) The practice of practical nursing by one who is a | 29 |
| licensed practical
nurse under the laws of another U.S. | 30 |
| jurisdiction and has applied in writing
to the Department, | 31 |
| in form and substance satisfactory to the Department,
for a | 32 |
| license as a licensed practical nurse and who is qualified | 33 |
| to receive
such license under Section 10-30, until (1) the | 34 |
| expiration of 6 months after
the filing of such written | 35 |
| application, (2) the withdrawal of such application,
or (3) | 36 |
| the denial of such application by the Department.
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HB0822 Engrossed |
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LRB094 07335 DRJ 37493 b |
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| (i) The practice of professional nursing by one who has | 2 |
| applied in writing
to the Department in form and substance | 3 |
| satisfactory to the Department for
a license as a | 4 |
| registered professional nurse and has complied with all the
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| provisions under Section 10-30 except the passing of an | 6 |
| examination to be
eligible to receive such license, until | 7 |
| the decision of the Department
that the applicant has | 8 |
| failed to pass the next available examination
authorized by | 9 |
| the Department or has failed, without an approved excuse, | 10 |
| to
take the next available examination authorized by the | 11 |
| Department or until
the withdrawal of the application, but | 12 |
| not to exceed 3 months.
An applicant practicing | 13 |
| professional nursing under this Section who passes
the
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| examination, however, may continue to practice under this | 15 |
| Section until such
time as he or she receives his or her | 16 |
| license to practice or until the
Department notifies him or | 17 |
| her that the license has been denied.
No applicant
for | 18 |
| licensure practicing under
the provisions of this | 19 |
| paragraph shall practice professional nursing except
under | 20 |
| the direct supervision of a registered professional nurse | 21 |
| licensed
under this Act. In no instance shall any such | 22 |
| applicant practice or be
employed in any supervisory | 23 |
| capacity.
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| (j) The practice of professional nursing by one who is | 25 |
| a registered
professional nurse under the laws of another | 26 |
| state, territory of the United
States or country and has | 27 |
| applied in writing to the Department, in form and
substance | 28 |
| satisfactory to the Department, for a license as a | 29 |
| registered
professional nurse and who is qualified to | 30 |
| receive such license under
Section 10-30, until (1) the | 31 |
| expiration of 6 months after the filing of
such written | 32 |
| application, (2) the withdrawal of such application, or (3)
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| the denial of such application by the Department.
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| (k) The practice of professional nursing that is | 35 |
| included in a program of
study by one who is a registered | 36 |
| professional nurse under the laws of
another state or |
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| territory of the United States or foreign country,
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| territory or province and who is enrolled in a graduate | 3 |
| nursing education
program or a program for the completion | 4 |
| of a baccalaureate nursing degree in
this State, which | 5 |
| includes clinical supervision by faculty as
determined by | 6 |
| the educational institution offering the program and the
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| health care organization where the practice of nursing | 8 |
| occurs. The
educational institution will file with the | 9 |
| Department each academic term a
list of the names and | 10 |
| origin of license of all professional nurses
practicing | 11 |
| nursing as part of their programs under this provision.
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| (l) Any person licensed in this State under any other | 13 |
| Act from engaging
in the practice for which she or he is | 14 |
| licensed.
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| (m) Delegation to authorized direct care staff trained | 16 |
| under Section 15.4
of the Mental Health and
Developmental | 17 |
| Disabilities Administrative Act.
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| (n) Administration of medications by a certified | 19 |
| medication aide certified under Section 3-206.05 of the | 20 |
| Nursing Home Care Act. Any nurse providing supervision to a | 21 |
| certified medication aide is not liable under this Act for | 22 |
| the actions of the medication aide. Nothing in this Section | 23 |
| shall be construed to grant a facility immunity from | 24 |
| liability based upon the actions of the medication aide.
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| An applicant for license practicing under the exceptions | 26 |
| set forth in
subparagraphs (g), (h), (i), and (j) of this | 27 |
| Section shall use the title
R.N. Lic. Pend. or L.P.N. Lic. | 28 |
| Pend. respectively and no other.
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| (Source: P.A. 93-265, eff. 7-22-03.)
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