SB2958eng 98TH GENERAL ASSEMBLY

SB2958 Engrossed LRB098 19577 RPS 54767 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Legislative findings. The General Assembly finds that:

(1) Many states have had successful medication aide-certified (MA-C) programs for many years.

(2) A medication aide-certified assists with medication administration while under the supervision of a registered professional nurse (RN) in a long-term care facility.

Section 5. The Nursing Home Care Act is amended by adding Section 3-806 as follows:

(210 ILCS 45/3-806 new)

Sec. 3-806. Medication aide-certified pilot program.

(a) The Department of Financial and Professional Regulation, in consultation with the Department of Public Health, shall establish a 2-year pilot program under which the Department of Financial and Professional Regulation shall certify persons as medication aides-certified and those persons may assist with medication administration under the supervision of a registered professional nurse (RN) in a participating skilled nursing facility. No more than 10 skilled nursing facilities shall participate in the pilot program.

(b) The Department of Financial and Professional Regulation shall appoint a task force composed of 2 representatives from one statewide organization that represents nurses, 6 representatives each from 3 statewide organizations that represent facilities, 2 representatives from the Department of Financial and Professional Regulation, and 2 representatives from the Department of Public Health. The task force shall select participating skilled nursing facilities based on the criteria specified in subsection (c) of this Section.

(c) To participate in the pilot program, a skilled nursing facility must meet the following criteria:

(1) the facility must have an overall Medicare 4 or 5 Star Quality Rating from the most recent data available on the Centers for Medicare and Medicaid Services' website;

(2) the employment of a medication aide-certified must not replace or diminish the employment of a RN or licensed practical nurse at that skilled nursing facility;

(3) there must be a RN on-duty and present in the skilled nursing facility to delegate and supervise the medication administration by a medication aide-certified at all times that a medication aide-certified is on-duty and present in the facility;

(4) only medication aides-certified may be employed in the capacity to administer medication; and

(5) a medication aide-certified shall not have a direct-care assignment when scheduled in the capacity of a medication aide-certified, but may assist residents as needed.

(d) The Department of Financial and Professional Regulation shall certify an applicant as a medication aide-certified if the applicant successfully meets the following criteria:

(1) he or she is age 18 or older;

(2) he or she has a high school diploma or a certificate of general education development (GED);

(3) he or she is able to speak, read, and write the English language;

(4) he or she is competent in math skills;

(5) he or she maintains certification as a certified nursing assistant and has practiced as a certified nursing assistant for 2 years continually or at least 2,000 hours;

(6) he or she submits to a background check as provided by the Health Care Worker Background Check Act;

(7) he or she is currently certified to perform cardiopulmonary resuscitation;

(8) he or she has successfully completed a course that is approved by the Department of Financial and Professional Regulation that includes 60 hours of classroom-based medication aide-certified education, 20 hours of simulation laboratory study, and 20 hours of RN-supervised clinical practicum with progressive responsibility of patient medication assistance;

(9) he or she has passed the Medication Aide Certification Examination as provided by the National Council of State Boards of Nursing; and

(10) he or she maintains certification as a medication aide-certified as provided by the National Council of State Boards of Nursing.

(e) A medication aide-certified who is participating in the pilot program shall not:

(1) administer any medication until a physician licensed to practice medicine in all of its branches has conducted an initial assessment of the resident; or

(2) administer any Schedule II controlled substance as enumerated in Section 206 of the Illinois Controlled Substances Act or any subcutaneous, intramuscular, intradermal, or intravenous medication.

(f) Nothing in this Section prohibits the administration of medication by a person authorized by law to do so.

(g) For the purpose of computing staff-to-resident ratios as required by 77 Ill. Adm. Code 300.1230, medication aides-certified shall be included as direct-care staff, as long as the medication aide-certified is assigned to duties consistent with the identified job title and the assignment is documented in the employee time schedules as required by 77 Ill. Adm. Code 300.650 (i).

(h) The Department of Financial and Professional Regulation, in consultation with the Department of Public Health, shall adopt rules to implement the pilot program.

(i) The Center for Nursing of the Department of Financial and Professional Regulation shall collect data regarding patient safety, efficiency, and errors from each skilled nursing facility participating in the pilot program and shall submit a report to the General Assembly by December 31, 2017.

Section 10. The Nurse Practice Act is amended by changing Section 50-15 as follows:

(225 ILCS 65/50-15) (was 225 ILCS 65/5-15)

(Section scheduled to be repealed on January 1, 2018)

Sec. 50-15. Policy; application of Act.

(a) For the protection of life and the promotion of health, and the prevention of illness and communicable diseases, any person practicing or offering to practice advanced, professional, or practical nursing in Illinois shall submit evidence that he or she is qualified to practice, and shall be licensed as provided under this Act. No person shall practice or offer to practice advanced, professional, or practical nursing in Illinois or use any title, sign, card or device to indicate that such a person is practicing professional or practical nursing unless such person has been licensed under the provisions of this Act.

(b) This Act does not prohibit the following:

(1) The practice of nursing in Federal employment in the discharge of the employee's duties by a person who is employed by the United States government or any bureau, division or agency thereof and is a legally qualified and licensed nurse of another state or territory and not in conflict with Sections 50-50, 55-10, 60-10, and 70-5 of this Act.

(2) Nursing that is included in the program of study by students enrolled in programs of nursing or in current nurse practice update courses approved by the Department.

(3) The furnishing of nursing assistance in an emergency.

(4) The practice of nursing by a nurse who holds an active license in another state when providing services to patients in Illinois during a bonafide emergency or in immediate preparation for or during interstate transit.

(5) The incidental care of the sick by members of the family, domestic servants or housekeepers, or care of the sick where treatment is by prayer or spiritual means.

(6) Persons from being employed as unlicensed assistive personnel in private homes, long term care facilities, nurseries, hospitals or other institutions.

(7) The practice of practical nursing by one who is a licensed practical nurse under the laws of another U.S. jurisdiction and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a licensed practical nurse and who is qualified to receive such license under this Act, until (i) the expiration of 6 months after the filing of such written application, (ii) the withdrawal of such application, or (iii) the denial of such application by the Department.

(8) The practice of advanced practice nursing by one who is an advanced practice nurse under the laws of another state, territory of the United States, or country and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as an advanced practice nurse and who is qualified to receive such license under this Act, until (i) the expiration of 6 months after the filing of such written application, (ii) the withdrawal of such application, or (iii) the denial of such application by the Department.

(9) The practice of professional nursing by one who is a registered professional nurse under the laws of another state, territory of the United States or country and has applied in writing to the Department, in form and substance satisfactory to the Department, for a license as a registered professional nurse and who is qualified to receive such license under Section 55-10, until (1) the expiration of 6 months after the filing of such written application, (2) the withdrawal of such application, or (3) the denial of such application by the Department.

(10) The practice of professional nursing that is included in a program of study by one who is a registered professional nurse under the laws of another state or territory of the United States or foreign country, territory or province and who is enrolled in a graduate nursing education program or a program for the completion of a baccalaureate nursing degree in this State, which includes clinical supervision by faculty as determined by the educational institution offering the program and the health care organization where the practice of nursing occurs.

(11) Any person licensed in this State under any other Act from engaging in the practice for which she or he is licensed.

(12) Delegation to authorized direct care staff trained under Section 15.4 of the Mental Health and Developmental Disabilities Administrative Act consistent with the policies of the Department.

(13) The practice, services, or activities of persons practicing the specified occupations set forth in subsection (a) of, and pursuant to a licensing exemption granted in subsection (b) or (d) of, Section 2105-350 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, but only for so long as the 2016 Olympic and Paralympic Games Professional Licensure Exemption Law is operable.

(14) County correctional personnel from delivering prepackaged medication for self-administration to an individual detainee in a correctional facility.

(15) The delegation and supervision of medication aides-certified participating in the pilot program provided by Section 3-806 of the Nursing Home Care Act.

Nothing in this Act shall be construed to limit the delegation of tasks or duties by a physician, dentist, or podiatric physician to a licensed practical nurse, a registered professional nurse, or other persons.

(Source: P.A. 98-214, eff. 8-9-13.)

Section 99. Effective date. This Act takes effect upon becoming law.