Illinois General Assembly - Full Text of SB2958
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Full Text of SB2958  98th General Assembly


Sen. Heather A. Steans

Filed: 3/14/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2958 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Legislative findings. The General Assembly
5finds 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
13Section 3-806 as follows:
14    (210 ILCS 45/3-806 new)
15    Sec. 3-806. Medication aide-certified pilot program.



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1    (a) The Department of Financial and Professional
2Regulation, in consultation with the Department of Public
3Health, shall establish a 2-year pilot program under which the
4Department of Financial and Professional Regulation shall
5certify persons as medication aides-certified and those
6persons may assist with medication administration under the
7supervision of a registered professional nurse (RN) in a
8participating skilled nursing facility. No more than 10 skilled
9nursing facilities shall participate in the pilot program.
10    (b) The Department of Financial and Professional
11Regulation shall appoint a task force composed of 2
12representatives from one statewide organization that
13represents nurses, 6 representatives each from 3 statewide
14organizations that represent facilities, 2 representatives
15from the Department of Financial and Professional Regulation,
16and 2 representatives from the Department of Public Health. The
17task force shall select participating skilled nursing
18facilities based on the criteria specified in subsection (c) of
19this Section.
20    (c) To participate in the pilot program, a skilled nursing
21facility must meet the following criteria:
22        (1) the facility must have an overall Medicare 4 or 5
23    Star Quality Rating from the most recent data available on
24    the Centers for Medicare and Medicaid Services' website;
25        (2) the employment of a medication aide-certified must
26    not replace or diminish the employment of a RN or licensed



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1    practical nurse at that skilled nursing facility;
2        (3) there must be a RN on-duty and present in the
3    skilled nursing facility to delegate and supervise the
4    medication administration by a medication aide-certified
5    at all times that a medication aide-certified is on-duty
6    and present in the facility;
7        (4) only medication aides-certified may be employed in
8    the capacity to administer medication; and
9        (5) a medication aide-certified shall not have a
10    direct-care assignment when scheduled in the capacity of a
11    medication aide-certified, but may assist residents as
12    needed.
13    (d) The Department of Financial and Professional
14Regulation shall certify an applicant as a medication
15aide-certified if the applicant successfully meets the
16following criteria:
17        (1) he or she is age 18 or older;
18        (2) he or she has a high school diploma or a
19    certificate of general education development (GED);
20        (3) he or she is able to speak, read, and write the
21    English language;
22        (4) he or she is competent in math skills;
23        (5) he or she maintains certification as a certified
24    nursing assistant and has practiced as a certified nursing
25    assistant for 2 years continually or at least 2,000 hours;
26        (6) he or she submits to a background check as provided



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1    by the Health Care Worker Background Check Act;
2        (7) he or she is currently certified to perform
3    cardiopulmonary resuscitation;
4        (8) he or she has successfully completed a course that
5    is approved by the Department of Financial and Professional
6    Regulation that includes 60 hours of classroom-based
7    medication aide-certified education, 20 hours of
8    simulation laboratory study, and 20 hours of RN-supervised
9    clinical practicum with progressive responsibility of
10    patient medication assistance;
11        (9) he or she has passed the Medication Aide
12    Certification Examination as provided by the National
13    Council of State Boards of Nursing; and
14        (10) he or she maintains certification as a medication
15    aide-certified as provided by the National Council of State
16    Boards of Nursing.
17    (e) A medication aide-certified who is participating in the
18pilot program shall not:
19        (1) administer any medication until a physician
20    licensed to practice medicine in all of its branches has
21    conducted an initial assessment of the resident; or
22        (2) administer any Schedule II controlled substance as
23    enumerated in Section 206 of the Illinois Controlled
24    Substances Act or any subcutaneous, intramuscular,
25    intradermal, or intravenous medication.
26    (f) Nothing in this Section prohibits the administration of



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1medication by a person authorized by law to do so.
2    (g) For the purpose of computing staff-to-resident ratios
3as required by 77 Ill. Adm. Code 300.1230, medication
4aides-certified shall be included as direct-care staff, as long
5as the medication aide-certified is assigned to duties
6consistent with the identified job title and the assignment is
7documented in the employee time schedules as required by 77
8Ill. Adm. Code 300.650 (i).
9    (h) The Department of Financial and Professional
10Regulation, in consultation with the Department of Public
11Health, shall adopt rules to implement the pilot program.
12    (i) The Center for Nursing of the Department of Financial
13and Professional Regulation shall collect data regarding
14patient safety, efficiency, and errors from each skilled
15nursing facility participating in the pilot program and shall
16submit a report to the General Assembly by December 31, 2017.
17    Section 10. The Nurse Practice Act is amended by changing
18Section 50-15 as follows:
19    (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 50-15. Policy; application of Act.
22    (a) For the protection of life and the promotion of health,
23and the prevention of illness and communicable diseases, any
24person practicing or offering to practice advanced,



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1professional, or practical nursing in Illinois shall submit
2evidence that he or she is qualified to practice, and shall be
3licensed as provided under this Act. No person shall practice
4or offer to practice advanced, professional, or practical
5nursing in Illinois or use any title, sign, card or device to
6indicate that such a person is practicing professional or
7practical nursing unless such person has been licensed under
8the provisions of this Act.
9    (b) This Act does not prohibit the following:
10        (1) The practice of nursing in Federal employment in
11    the discharge of the employee's duties by a person who is
12    employed by the United States government or any bureau,
13    division or agency thereof and is a legally qualified and
14    licensed nurse of another state or territory and not in
15    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
16    this Act.
17        (2) Nursing that is included in the program of study by
18    students enrolled in programs of nursing or in current
19    nurse practice update courses approved by the Department.
20        (3) The furnishing of nursing assistance in an
21    emergency.
22        (4) The practice of nursing by a nurse who holds an
23    active license in another state when providing services to
24    patients in Illinois during a bonafide emergency or in
25    immediate preparation for or during interstate transit.
26        (5) The incidental care of the sick by members of the



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1    family, domestic servants or housekeepers, or care of the
2    sick where treatment is by prayer or spiritual means.
3        (6) Persons from being employed as unlicensed
4    assistive personnel in private homes, long term care
5    facilities, nurseries, hospitals or other institutions.
6        (7) The practice of practical nursing by one who is a
7    licensed practical nurse under the laws of another U.S.
8    jurisdiction and has applied in writing to the Department,
9    in form and substance satisfactory to the Department, for a
10    license as a licensed practical nurse and who is qualified
11    to receive such license under this Act, until (i) the
12    expiration of 6 months after the filing of such written
13    application, (ii) the withdrawal of such application, or
14    (iii) the denial of such application by the Department.
15        (8) The practice of advanced practice nursing by one
16    who is an advanced practice nurse under the laws of another
17    state, territory of the United States, or country and has
18    applied in writing to the Department, in form and substance
19    satisfactory to the Department, for a license as an
20    advanced practice nurse and who is qualified to receive
21    such license under this Act, until (i) the expiration of 6
22    months after the filing of such written application, (ii)
23    the withdrawal of such application, or (iii) the denial of
24    such application by the Department.
25        (9) The practice of professional nursing by one who is
26    a registered professional nurse under the laws of another



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1    state, territory of the United States or country and 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 who is qualified to
5    receive such license under Section 55-10, until (1) the
6    expiration of 6 months after the filing of such written
7    application, (2) the withdrawal of such application, or (3)
8    the denial of such application by the Department.
9        (10) The practice of professional nursing that is
10    included in a program of study by one who is a registered
11    professional nurse under the laws of another state or
12    territory of the United States or foreign country,
13    territory or province and who is enrolled in a graduate
14    nursing education program or a program for the completion
15    of a baccalaureate nursing degree in this State, which
16    includes clinical supervision by faculty as determined by
17    the educational institution offering the program and the
18    health care organization where the practice of nursing
19    occurs.
20        (11) Any person licensed in this State under any other
21    Act from engaging in the practice for which she or he is
22    licensed.
23        (12) Delegation to authorized direct care staff
24    trained under Section 15.4 of the Mental Health and
25    Developmental Disabilities Administrative Act consistent
26    with the policies of the Department.



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1        (13) The practice, services, or activities of persons
2    practicing the specified occupations set forth in
3    subsection (a) of, and pursuant to a licensing exemption
4    granted in subsection (b) or (d) of, Section 2105-350 of
5    the Department of Professional Regulation Law of the Civil
6    Administrative Code of Illinois, but only for so long as
7    the 2016 Olympic and Paralympic Games Professional
8    Licensure Exemption Law is operable.
9        (14) County correctional personnel from delivering
10    prepackaged medication for self-administration to an
11    individual detainee in a correctional facility.
12        (15) The delegation and supervision of medication
13    aides-certified participating in the pilot program
14    provided by Section 3-806 of the Nursing Home Care Act.
15    Nothing in this Act shall be construed to limit the
16delegation of tasks or duties by a physician, dentist, or
17podiatric physician to a licensed practical nurse, a registered
18professional nurse, or other persons.
19(Source: P.A. 98-214, eff. 8-9-13.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".