Full Text of SB0774 103rd General Assembly
SB0774sam002 103RD GENERAL ASSEMBLY | Sen. Sara Feigenholtz Filed: 4/17/2024 | | 10300SB0774sam002 | | LRB103 03230 RTM 72464 a |
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| 1 | | AMENDMENT TO SENATE BILL 774
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 774, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 1, on page 18, immediately above line 1, by inserting the | 5 | | following: | 6 | | "(225 ILCS 65/Art. 80 rep.) | 7 | | Section 10. The Nurse Practice Act is amended by repealing | 8 | | Article 80. | 9 | | Section 15. The Illinois Public Aid Code is amended by | 10 | | adding Section 5-5.01c as follows: | 11 | | (305 ILCS 5/5-5.01c new) | 12 | | Sec. 5-5.01c. Certified medication aide. | 13 | | (a) As used in this Section: | 14 | | "Certified medication aide" means a person who has met the | 15 | | qualifications for certification under this Section and |
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| 1 | | assists with medication administration while under the | 2 | | supervision of a registered professional nurse in a long-term | 3 | | care facility. | 4 | | "Department" means the Department of Healthcare and Family | 5 | | Services. | 6 | | "Direct-care assignment" means an assignment for staffing | 7 | | requirements for direct care staff as that term is defined | 8 | | under 77 Ill. Adm. Code 300.1230. | 9 | | "Program" means the Certified Medication Aide Program. | 10 | | "Qualified facility " means a supportive living program | 11 | | setting approved and certified by the Department of Healthcare | 12 | | and Family Services to participate in the supportive living | 13 | | program under Section 5-5.01a. | 14 | | (b) The Department shall administer and enforce a | 15 | | Certified Medication Aide Program and regulate certified | 16 | | medication aides. To be approved as a facility qualified to | 17 | | participate in the program, a facility must satisfy all of the | 18 | | following requirements: | 19 | | (1) Be certified and in good standing as a supportive | 20 | | living facility by the Department. | 21 | | (2) Certify that the employment of a certified | 22 | | medication aide will not replace or diminish the | 23 | | employment of a registered nurse or licensed practical | 24 | | nurse at the facility. | 25 | | (3) Certify that a registered nurse will be on duty | 26 | | and present in the facility to delegate and supervise the |
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| 1 | | administration of medication by a certified medication | 2 | | aide at all times. | 3 | | (4) Certify that, with the exception of licensed | 4 | | health care professionals, only certified medication aides | 5 | | will be employed in the capacity of administering | 6 | | medication. | 7 | | (5) Provide information regarding patient safety, | 8 | | efficiency, and errors as determined by the Department. | 9 | | Failure to submit any required report may be grounds for | 10 | | discipline or sanctions as prescribed by the Department. | 11 | | The Department shall submit a report regarding patient | 12 | | safety, efficiency, and errors, as determined by rule, to | 13 | | the General Assembly no later than 2 years after the | 14 | | effective date of this amendatory Act of the 103rd General | 15 | | Assembly. | 16 | | (c) No person shall practice as a medication aide or hold | 17 | | himself or herself out as a certified medication aide in this | 18 | | State unless he or she is certified in accordance with this | 19 | | Section. | 20 | | Nothing in this Section shall be construed as preventing | 21 | | or restricting the practice, services, or activities of: | 22 | | (1) any person licensed in this State by any other law | 23 | | from engaging in the profession or occupation for which he | 24 | | or she is licensed; | 25 | | (2) any person employed as a medication aide by the | 26 | | government of the United States, if such person practices |
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| 1 | | as a medication aide solely under the direction or control | 2 | | of the organization by which he or she is employed; or | 3 | | (3) any person pursuing a course of study leading to a | 4 | | certificate in medication aide at an accredited or | 5 | | approved educational program if such activities and | 6 | | services constitute a part of a supervised course of study | 7 | | and if such person is designated by a title which clearly | 8 | | indicates his or her status as a student or trainee. | 9 | | Nothing in this Section shall be construed to limit the | 10 | | delegation of tasks or duties by a physician, dentist, | 11 | | advanced practice registered nurse, or podiatric physician as | 12 | | authorized by law. | 13 | | (d) A certified medication aide may only practice in a | 14 | | qualified establishment. Certified medication aides must be | 15 | | supervised by and receive delegation by a registered nurse, as | 16 | | authorized by Section 50-75 of the Nurse Practice Act, that is | 17 | | on duty and present in the establishment at all times. | 18 | | Certified medication aides shall not have a direct-care | 19 | | assignment when scheduled to work as a certified medication | 20 | | aide, but may assist residents as needed. Certified medication | 21 | | aides shall not administer any medication until a physician | 22 | | has conducted an initial assessment of the resident. | 23 | | Certified medication aides shall not administer any | 24 | | Schedule II controlled substances as set forth in the Illinois | 25 | | Controlled Substances Act and may not administer any | 26 | | subcutaneous, intramuscular, intradermal, or intravenous |
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| 1 | | medication. | 2 | | (e) In addition to any other penalty provided by law, any | 3 | | person who practices, offers to practice, attempts to | 4 | | practice, or holds oneself out to practice as a medication | 5 | | aide without being certified in accordance with this Section | 6 | | shall, in addition to any other penalty provided by law, pay a | 7 | | civil penalty to the Department in an amount as determined by | 8 | | the Department. The Department has the authority and power to | 9 | | investigate any and all uncertified activity. The civil | 10 | | penalty shall be paid within 60 days after the date of the | 11 | | order imposing the civil penalty. The order shall constitute a | 12 | | judgment and may be filed and execution had thereon in the same | 13 | | manner as any judgment from any court of record. | 14 | | (f) Applications for original certification shall be made | 15 | | to the Department in writing on forms prescribed by the | 16 | | Department and shall be accompanied by the required fee, which | 17 | | shall not be returnable. The application shall require such | 18 | | information that, in the judgment of the Department, enables | 19 | | the Department to pass on the qualifications of the applicant | 20 | | for certification. | 21 | | (g) The Department shall authorize examinations of | 22 | | applicants for a certificate under this Section at the times | 23 | | and places as it may designate. The examination shall be of a | 24 | | character to give a fair test of the qualifications of the | 25 | | applicant to practice as a medication aide. Applicants for | 26 | | examination as a medication aide shall be required to pay, |
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| 1 | | either to the Department or the designated testing service, a | 2 | | fee covering the cost of providing the examination. Failure to | 3 | | appear for the examination on the scheduled date, at the time | 4 | | and place specified, after the applicant's application for | 5 | | examination has been received and acknowledged by the | 6 | | Department or the designated testing service, shall result in | 7 | | the forfeiture of the examination fee. If an applicant fails | 8 | | to pass an examination for certification in accordance with | 9 | | this Section within 3 years after filing his or her | 10 | | application, the application shall be denied. The applicant | 11 | | may thereafter make a new application accompanied by the | 12 | | required fee; however, the applicant shall meet all | 13 | | requirements in effect at the time of subsequent application | 14 | | before obtaining certification. The Department may employ | 15 | | consultants for the purposes of preparing and conducting | 16 | | examinations. | 17 | | (h) An applicant for certification by examination to | 18 | | practice as a certified medication aide must: | 19 | | (1) submit a completed written application on forms | 20 | | provided by the Department and fees as established by the | 21 | | Department; | 22 | | (2) be age 18 or older; | 23 | | (3) have a high school diploma or a high school | 24 | | equivalency certificate; | 25 | | (4) demonstrate the ability to speak, read, and write | 26 | | the English language, as determined by rule; |
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| 1 | | (5) demonstrate competency in math, as determined by | 2 | | rule; | 3 | | (6) be currently certified in good standing as a | 4 | | certified nursing assistant and provide proof of 2,000 | 5 | | hours of practice as a certified nursing assistant within | 6 | | 3 years before application for a certificate under this | 7 | | Section; | 8 | | (7) submit to the criminal history records check | 9 | | required under Section 46 of the Health Care Worker | 10 | | Background Check Act; | 11 | | (8) have not engaged in conduct or behavior determined | 12 | | to be grounds for discipline under this Act; | 13 | | (9) be currently certified to perform cardiopulmonary | 14 | | resuscitation by the American Heart Association or | 15 | | American Red Cross; | 16 | | (10) have successfully completed a course of study | 17 | | approved by the Department as defined by rule; to be | 18 | | approved, the program must include a minimum of 60 hours | 19 | | of classroom-based medication aide education, a minimum of | 20 | | 10 hours of simulation laboratory study, and a minimum of | 21 | | 30 hours of registered nurse-supervised clinical practicum | 22 | | with progressive responsibility of patient medication | 23 | | assistance; | 24 | | (11) have successfully completed the Medication Aide | 25 | | Certification Examination or other examination authorized | 26 | | by the Department; and |
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| 1 | | (12) submit proof of employment by a qualifying | 2 | | facility. | 3 | | (i) The expiration date for each certification to practice | 4 | | as a certified medication aide shall be set by the rule. | 5 | | Enforcement and violations shall be subject to those within | 6 | | this Act. | 7 | | (j) No person shall use the title "certified medication | 8 | | aide" unless he or she holds a valid certificate issued by the | 9 | | Department in accordance with this Section. | 10 | | (k) The Department shall adopt rules to implement the | 11 | | provisions of this Section within 180 days after the effective | 12 | | date of this amendatory Act of the 103rd General Assembly. ". |
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