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

HB0822ham001 94TH GENERAL ASSEMBLY

Rep. Eddie Washington

Filed: 4/11/2005

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 822

2     AMENDMENT NO. ______. Amend House Bill 822 by replacing
3 everything after the enacting clause with the following:
 
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,

 

 

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1 confirming that residents have obtained and are taking the
2 dosage as prescribed, and documenting in writing that the
3 resident has taken (or refused to take) the medication. If
4 residents are physically unable to open the container, the
5 container may be opened for them. Supervision of
6 self-administered medication shall be under the direction of a
7 licensed health care professional.
8     For the purposes of this Section, "medication
9 administration" refers to a licensed health care professional
10 employed by an establishment engaging in administering routine
11 insulin and vitamin B-12 injections, oral medications, topical
12 treatments, eye and ear drops, or nitroglycerin patches.
13 Non-licensed staff may not administer any medication, except
14 that a certified medication aide may administer all medications
15 allowed under Department of Public Health rules adopted to
16 implement Section 3-206.05 of the Nursing Home Care Act. A
17 certified medication aide is prohibited from administering
18 medication to a resident until the required comprehensive
19 assessment by a physician is completed. A certified medication
20 aide is prohibited from administering medication to a resident
21 whose medical condition is determined to be unstable.
22     The Department shall specify by rule procedures for
23 medication reminders, supervision of self-administered
24 medication, and medication administration.
25     Nothing in this Act shall preclude a physician licensed to
26 practice medicine in all its branches from providing services
27 to any resident.
28 (Source: P.A. 91-656, eff. 1-1-01.)
 
29     Section 10. The Nursing Home Care Act is amended by adding
30 Section 3-206.05 as follows:
 
31     (210 ILCS 45/3-206.05 new)
32     Sec. 3-206.05. Certified medication aide.

 

 

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1     (a) The General Assembly finds that 30 other states have
2 had successful medication aide programs for many years.
3 Further, the addition of certified medication aides would
4 increase the amount of skilled nursing care available by
5 enabling licensed nurses to devote even more time to the
6 assessment and monitoring of patient conditions. The certified
7 medication aide will assist a licensed nurse in the
8 administration of routine medications.
9     (b) The Director shall appoint a Planning and Certification
10 Committee to develop the training curriculum, certification
11 test, certification requirements, continuing education
12 standards, regulations, and ongoing evaluation process for
13 medication aides. The committee shall review any reports of
14 gross negligence on the part of any medication aide and shall
15 monitor the overall effectiveness of the medication aide
16 program. The committee shall be composed of one representative
17 from a nursing association, one representative from a nursing
18 school, one representative from the community colleges, one
19 representative from an organization advocating for seniors,
20 and 3 representatives from associations representing long-term
21 care providers. The committee shall submit an annual progress
22 report to the General Assembly beginning July 1, 2006. The
23 report shall include a progress report on medication aide
24 program implementation and recommendations for legislative
25 changes necessary for program improvement.
26     (c) Based on the recommendations of the Planning and
27 Certification Committee, the Department shall adopt and
28 implement rules for the training, certification, and
29 employment of certified medication aides in facilities
30 licensed under this Act. Certified medication aides shall be
31 allowed to administer medications to facility residents under
32 the supervision of a duly licensed health care professional in
33 accordance with rules adopted by the Department under this
34 Section.

 

 

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1     (d) Unless an individual is certified under this Section:
2         (1) The individual may not practice as a certified
3     medication aide.
4         (2) A facility may not employ the individual as a
5     certified medication aide.
6     (e) A certified medication aide must comply with all of the
7 following:
8         (1) He or she must be a duly certified nursing
9     assistant under this Act for at least one year.
10         (2) He or she must satisfactorily complete the
11     medication aide training program involving at least 60
12     hours of classroom training and 40 hours of clinical
13     training prescribed by the Department.
14         (3) He or she must satisfactorily meet all continuing
15     education and recertification requirements prescribed by
16     the Department.
17         (4) He or she may not administer any schedule II
18     controlled substances, any medication by sub-cutaneous,
19     intramuscular, intradermal, or intravenous route, or any
20     medications injected into a tube.
21         (5) He or she may not pass medications in a sub-acute
22     section of a nursing home.
23         (6) He or she is prohibited from administering
24     medication to a resident of a long-term care facility until
25     the initial comprehensive assessment is completed and
26     reviewed by a licensed health care professional.
27         (7) He or she is prohibited from administering
28     medication to a resident whose comprehensive assessment
29     indicated an unstable medical condition.
30     (f) A facility must comply with the following staffing
31 requirements:
32         (1) Only a certified medication aide may be employed in
33     the capacity of a medication aide.
34         (2) A certified medication aide may not be assigned

 

 

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

 

 

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1     employed by the United States government or any bureau,
2     division or agency thereof and is a legally qualified and
3     licensed nurse of another state or territory and not in
4     conflict with Sections 10-5, 10-30, and 10-45 of this Act.
5         (b) Nursing that is included in their program of study
6     by students enrolled in programs of nursing or in current
7     nurse practice update courses approved by the Department.
8         (c) The furnishing of nursing assistance in an
9     emergency.
10         (d) The practice of nursing by a nurse who holds an
11     active license in another state when providing services to
12     patients in Illinois during a bonafide emergency or in
13     immediate preparation for or during interstate transit.
14         (e) The incidental care of the sick by members of the
15     family, domestic servants or housekeepers, or care of the
16     sick where treatment is by prayer or spiritual means.
17         (f) Persons from being employed as nursing aides,
18     attendants, orderlies, and other auxiliary workers in
19     private homes, long term care facilities, nurseries,
20     hospitals or other institutions.
21         (g) The practice of practical nursing by one who has
22     applied in writing to the Department in form and substance
23     satisfactory to the Department, for a license as a licensed
24     practical nurse and who has complied with all the
25     provisions under Section 10-30, except the passing of an
26     examination to be eligible to receive such license, until:
27     the decision of the Department that the applicant has
28     failed to pass the next available examination authorized by
29     the Department or has failed, without an approved excuse,
30     to take the next available examination authorized by the
31     Department or until the withdrawal of the application, but
32     not to exceed 3 months. An applicant practicing practical
33     nursing under this Section who passes the examination,
34     however, may continue to practice under this Section until

 

 

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

 

 

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1     her that the license has been denied. No applicant for
2     licensure practicing under the provisions of this
3     paragraph shall practice professional nursing except under
4     the direct supervision of a registered professional nurse
5     licensed under this Act. In no instance shall any such
6     applicant practice or be employed in any supervisory
7     capacity.
8         (j) The practice of professional nursing by one who is
9     a registered professional nurse under the laws of another
10     state, territory of the United States or country and has
11     applied in writing to the Department, in form and substance
12     satisfactory to the Department, for a license as a
13     registered professional nurse and who is qualified to
14     receive such license under Section 10-30, until (1) the
15     expiration of 6 months after the filing of such written
16     application, (2) the withdrawal of such application, or (3)
17     the denial of such application by the Department.
18         (k) The practice of professional nursing that is
19     included in a program of study by one who is a registered
20     professional nurse under the laws of another state or
21     territory of the United States or foreign country,
22     territory or province and who is enrolled in a graduate
23     nursing education program or a program for the completion
24     of a baccalaureate nursing degree in this State, which
25     includes clinical supervision by faculty as determined by
26     the educational institution offering the program and the
27     health care organization where the practice of nursing
28     occurs. The educational institution will file with the
29     Department each academic term a list of the names and
30     origin of license of all professional nurses practicing
31     nursing as part of their programs under this provision.
32         (l) Any person licensed in this State under any other
33     Act from engaging in the practice for which she or he is
34     licensed.

 

 

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1         (m) Delegation to authorized direct care staff trained
2     under Section 15.4 of the Mental Health and Developmental
3     Disabilities Administrative Act.
4         (n) Administration of medications by a certified
5     medication aide certified under Section 3-206.05 of the
6     Nursing Home Care Act. Any nurse providing supervision to a
7     certified medication aide is not liable under this Act for
8     the actions of the medication aide.
9     An applicant for license practicing under the exceptions
10 set forth in subparagraphs (g), (h), (i), and (j) of this
11 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
12 Pend. respectively and no other.
13 (Source: P.A. 93-265, eff. 7-22-03.)".