Full Text of SB2958 98th General Assembly
SB2958eng 98TH GENERAL ASSEMBLY |
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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 1. Legislative findings. The General Assembly | 5 | | finds that: | 6 | | (1) Many states have had successful medication | 7 | | aide-certified (MA-C) programs for many years. | 8 | | (2) A medication aide-certified assists with | 9 | | medication administration while under the supervision of a | 10 | | registered professional nurse (RN) in a long-term care | 11 | | facility. | 12 | | Section 5. The Nursing Home Care Act is amended by adding | 13 | | Section 3-806 as follows: | 14 | | (210 ILCS 45/3-806 new) | 15 | | Sec. 3-806. Medication aide-certified pilot program. | 16 | | (a) The Department of Financial and Professional | 17 | | Regulation, in consultation with the Department of Public | 18 | | Health, shall establish a 2-year pilot program under which the | 19 | | Department of Financial and Professional Regulation shall | 20 | | certify persons as medication aides-certified and those | 21 | | persons may assist with medication administration under the | 22 | | supervision of a registered professional nurse (RN) in a |
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| 1 | | participating skilled nursing facility. No more than 10 skilled | 2 | | nursing facilities shall participate in the pilot program. | 3 | | (b) The Department of Financial and Professional | 4 | | Regulation shall appoint a task force composed of 2 | 5 | | representatives from one statewide organization that | 6 | | represents nurses, 6 representatives each from 3 statewide | 7 | | organizations that represent facilities, 2 representatives | 8 | | from the Department of Financial and Professional Regulation, | 9 | | and 2 representatives from the Department of Public Health. The | 10 | | task force shall select participating skilled nursing | 11 | | facilities based on the criteria specified in subsection (c) of | 12 | | this Section. | 13 | | (c) To participate in the pilot program, a skilled nursing | 14 | | facility must meet the following criteria: | 15 | | (1) the facility must have an overall Medicare 4 or 5 | 16 | | Star Quality Rating from the most recent data available on | 17 | | the Centers for Medicare and Medicaid Services' website; | 18 | | (2) the employment of a medication aide-certified must | 19 | | not replace or diminish the employment of a RN or licensed | 20 | | practical nurse at that skilled nursing facility; | 21 | | (3) there must be a RN on-duty and present in the | 22 | | skilled nursing facility to delegate and supervise the | 23 | | medication administration by a medication aide-certified | 24 | | at all times that a medication aide-certified is on-duty | 25 | | and present in the facility; | 26 | | (4) only medication aides-certified may be employed in |
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| 1 | | the capacity to administer medication; and | 2 | | (5) a medication aide-certified shall not have a | 3 | | direct-care assignment when scheduled in the capacity of a | 4 | | medication aide-certified, but may assist residents as | 5 | | needed. | 6 | | (d) The Department of Financial and Professional | 7 | | Regulation shall certify an applicant as a medication | 8 | | aide-certified if the applicant successfully meets the | 9 | | following criteria: | 10 | | (1) he or she is age 18 or older; | 11 | | (2) he or she has a high school diploma or a | 12 | | certificate of general education development (GED); | 13 | | (3) he or she is able to speak, read, and write the | 14 | | English language; | 15 | | (4) he or she is competent in math skills; | 16 | | (5) he or she maintains certification as a certified | 17 | | nursing assistant and has practiced as a certified nursing | 18 | | assistant for 2 years continually or at least 2,000 hours; | 19 | | (6) he or she submits to a background check as provided | 20 | | by the Health Care Worker Background Check Act; | 21 | | (7) he or she is currently certified to perform | 22 | | cardiopulmonary resuscitation; | 23 | | (8) he or she has successfully completed a course that | 24 | | is approved by the Department of Financial and Professional | 25 | | Regulation that includes 60 hours of classroom-based | 26 | | medication aide-certified education, 20 hours of |
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| 1 | | simulation laboratory study, and 20 hours of RN-supervised | 2 | | clinical practicum with progressive responsibility of | 3 | | patient medication assistance; | 4 | | (9) he or she has passed the Medication Aide | 5 | | Certification Examination as provided by the National | 6 | | Council of State Boards of Nursing; and | 7 | | (10) he or she maintains certification as a medication | 8 | | aide-certified as provided by the National Council of State | 9 | | Boards of Nursing. | 10 | | (e) A medication aide-certified who is participating in the | 11 | | pilot program shall not: | 12 | | (1) administer any medication until a physician | 13 | | licensed to practice medicine in all of its branches has | 14 | | conducted an initial assessment of the resident; or | 15 | | (2) administer any Schedule II controlled substance as | 16 | | enumerated in Section 206 of the Illinois Controlled | 17 | | Substances Act or any subcutaneous, intramuscular, | 18 | | intradermal, or intravenous medication. | 19 | | (f) Nothing in this Section prohibits the administration of | 20 | | medication by a person authorized by law to do so. | 21 | | (g) For the purpose of computing staff-to-resident ratios | 22 | | as required by 77 Ill. Adm. Code 300.1230, medication | 23 | | aides-certified shall be included as direct-care staff, as long | 24 | | as the medication aide-certified is assigned to duties | 25 | | consistent with the identified job title and the assignment is | 26 | | documented in the employee time schedules as required by 77 |
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| 1 | | Ill. Adm. Code 300.650 (i). | 2 | | (h) The Department of Financial and Professional | 3 | | Regulation, in consultation with the Department of Public | 4 | | Health, shall adopt rules to implement the pilot program. | 5 | | (i) The Center for Nursing of the Department of Financial | 6 | | and Professional Regulation shall collect data regarding | 7 | | patient safety, efficiency, and errors from each skilled | 8 | | nursing facility participating in the pilot program and shall | 9 | | submit a report to the General Assembly by December 31, 2017. | 10 | | Section 10. The Nurse Practice Act is amended by changing | 11 | | Section 50-15 as follows:
| 12 | | (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 50-15. Policy; application of Act. | 15 | | (a) For the protection of life and the
promotion of health, | 16 | | and the prevention of illness and communicable diseases,
any | 17 | | person practicing or offering to practice advanced,
| 18 | | professional, or practical
nursing in Illinois shall submit | 19 | | evidence that he or she is qualified to
practice, and shall be | 20 | | licensed as provided under this Act. No person shall
practice | 21 | | or offer to practice advanced, professional, or practical | 22 | | nursing in Illinois or
use any title, sign, card or device to | 23 | | indicate that such a person is
practicing professional or | 24 | | practical nursing unless such person has been
licensed under |
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| 1 | | the provisions of this Act.
| 2 | | (b) This Act does not prohibit the following:
| 3 | | (1) The practice of nursing in Federal employment in | 4 | | the discharge of the
employee's duties by a person who is | 5 | | employed by the United States
government or any bureau, | 6 | | division or agency thereof and is a legally
qualified and | 7 | | licensed nurse of another state or territory and not in
| 8 | | conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | 9 | | this
Act.
| 10 | | (2) Nursing that is included in the program of study by
| 11 | | students
enrolled in programs of nursing or in current | 12 | | nurse practice update courses
approved by the Department.
| 13 | | (3) The furnishing of nursing assistance in an | 14 | | emergency.
| 15 | | (4) The practice of nursing by a nurse who holds an | 16 | | active license in
another state when providing services to | 17 | | patients in Illinois during a bonafide
emergency or in | 18 | | immediate preparation for or during interstate
transit.
| 19 | | (5) The incidental care of the sick by members of the | 20 | | family, domestic
servants or housekeepers, or care of the | 21 | | sick where treatment is by prayer
or spiritual means.
| 22 | | (6) Persons from being employed as unlicensed | 23 | | assistive personnel in private homes, long term care | 24 | | facilities,
nurseries, hospitals or other institutions.
| 25 | | (7) The practice of practical nursing by one who is a | 26 | | licensed practical
nurse under the laws of another U.S. |
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| 1 | | jurisdiction and has applied in writing
to the Department, | 2 | | in form and substance satisfactory to the Department,
for a | 3 | | license as a licensed practical nurse and who is qualified | 4 | | to receive
such license under this Act, until (i) the | 5 | | expiration of 6 months after
the filing of such written | 6 | | application, (ii) the withdrawal of such application,
or | 7 | | (iii) the denial of such application by the Department.
| 8 | | (8) The practice of advanced practice nursing by one | 9 | | who is an advanced practice 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 an | 13 | | advanced practice nurse and who is qualified to receive | 14 | | such license under this Act, until (i) the expiration of 6 | 15 | | months after the filing of such written application, (ii) | 16 | | the withdrawal of such application, or (iii) the denial of | 17 | | such application by the Department.
| 18 | | (9) The practice of professional nursing by one who is | 19 | | a registered
professional nurse under the laws of another | 20 | | state, territory of the United
States or country and has | 21 | | applied in writing to the Department, in form and
substance | 22 | | satisfactory to the Department, for a license as a | 23 | | registered
professional nurse and who is qualified to | 24 | | receive such license under
Section 55-10, until (1) the | 25 | | expiration of 6 months after the filing of
such written | 26 | | application, (2) the withdrawal of such application, or (3)
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| 1 | | the denial of such application by the Department.
| 2 | | (10) The practice of professional nursing that is | 3 | | included in a program of
study by one who is a registered | 4 | | professional nurse under the laws of
another state or | 5 | | territory of the United States or foreign country,
| 6 | | territory or province and who is enrolled in a graduate | 7 | | nursing education
program or a program for the completion | 8 | | of a baccalaureate nursing degree in
this State, which | 9 | | includes clinical supervision by faculty as
determined by | 10 | | the educational institution offering the program and the
| 11 | | health care organization where the practice of nursing | 12 | | occurs.
| 13 | | (11) Any person licensed in this State under any other | 14 | | Act from engaging
in the practice for which she or he is | 15 | | licensed.
| 16 | | (12) Delegation to authorized direct care staff | 17 | | trained under Section 15.4
of the Mental Health and
| 18 | | Developmental Disabilities Administrative Act consistent | 19 | | with the policies of the Department.
| 20 | | (13) The practice, services, or activities of persons | 21 | | practicing the specified occupations set forth in | 22 | | subsection (a) of, and pursuant to a licensing exemption | 23 | | granted in subsection (b) or (d) of, Section 2105-350 of | 24 | | the Department of Professional Regulation Law of the Civil | 25 | | Administrative Code of Illinois, but only for so long as | 26 | | the 2016 Olympic and Paralympic Games Professional |
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| 1 | | Licensure Exemption Law is operable. | 2 | | (14) County correctional personnel from delivering | 3 | | prepackaged medication for self-administration to an | 4 | | individual detainee in a correctional facility. | 5 | | (15) The delegation and supervision of medication | 6 | | aides-certified participating in the pilot program | 7 | | provided by Section 3-806 of the Nursing Home Care Act. | 8 | | Nothing in this Act shall be construed to limit the | 9 | | delegation of tasks or duties by a physician, dentist, or | 10 | | podiatric physician to a licensed practical nurse, a registered | 11 | | professional nurse, or other persons.
| 12 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law. |
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