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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
(225 ILCS 65/) Nurse Practice Act.

225 ILCS 65/Art. 80

 
    (225 ILCS 65/Art. 80 heading)
ARTICLE 80. MEDICATION AIDE PILOT PROGRAM
(Article scheduled to be repealed on January 1, 2028)
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-5

    (225 ILCS 65/80-5)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-5. Definitions. For the purposes of this Article only:
    "Direct-care assignment" means an assignment as defined for staffing requirements as direct care staff under 77 CFR 300.1230.
    "Medication aide" means a person who has met the qualifications for licensure under this Article who assists with medication administration while under the supervision of a registered professional nurse (RN) in a long-term care facility.
    "Qualified employer" means a long-term care facility licensed by the Department of Public Health that meets the qualifications set forth in Section 80-10.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-10

    (225 ILCS 65/80-10)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-10. Pilot program.
    (a) The Department shall administer and enforce a Licensed Medication Aide Pilot Program. The program shall last for a period of 3 years, as determined by rule. During the 3-year pilot program, the Department shall license and regulate licensed medication aides. As part of the pilot program, no more than 10 skilled nursing homes, which shall be geographically located throughout the State, shall be authorized to employ licensed medication aides, as approved by the Department. The Department may consult with the Department of Public Health as necessary to properly administer and enforce this Article.
    (b) To be approved as a qualified facility for the duration of the pilot program, a facility must:
        (1) be licensed in good standing as a skilled nursing
    
facility by the Department of Public Health;
        (2) have an overall Five Star Quality Rating of 3, 4,
    
or 5 from the most recent data available on the Centers for Medicare and Medicaid Services' website;
        (3) certify that the employment of a licensed
    
medication aide will not replace or diminish the employment of a registered nurse or licensed practical nurse at the facility;
        (4) certify that a registered nurse will be on-duty
    
and present in the facility to delegate and supervise the medication administration by a licensed medication aide at all times;
        (5) certify that, with the exception of licensed
    
health care professionals, only licensed medication aides will be employed in the capacity of administering medication; and
        (6) provide information regarding patient safety,
    
efficiency, and errors as determined by the Department; failure to submit any required report may be grounds for discipline or sanctions under this Act, the Nursing Home Administrators Licensing and Disciplinary Act, or the Nursing Home Care Act.
    The Department shall submit a report regarding patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 6 months after termination of the pilot program.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-15

    (225 ILCS 65/80-15)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-15. Licensure requirement; exempt activities.
    (a) On and after January 1, 2015, no person shall practice as a medication aide or hold himself or herself out as a licensed medication aide in this State unless he or she is licensed under this Article.
    (b) Nothing in this Article shall be construed as preventing or restricting the practice, services, or activities of:
        (1) any person licensed in this State by any other
    
law from engaging in the profession or occupation for which he or she is licensed;
        (2) any person employed as a medication aide by the
    
government of the United States, if such person practices as a medication aide solely under the direction or control of the organization by which he or she is employed; or
        (3) any person pursuing a course of study leading to
    
a certificate in medication aide at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if such person is designated by a title which clearly indicates his or her status as a student or trainee.
    (c) Nothing in this Article shall be construed to limit the delegation of tasks or duties by a physician, dentist, advanced practice registered nurse, or podiatric physician as authorized by law.
(Source: P.A. 100-513, eff. 1-1-18.)

225 ILCS 65/80-20

    (225 ILCS 65/80-20)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-20. Scope of practice.
    (a) A licensed medication aide may only practice in a qualified facility.
    (b) Licensed medication aides must be supervised by and receive delegation by a registered nurse that is on-duty and present in the facility at all times.
    (c) Licensed medication aides shall not have a direct-care assignment when scheduled to work as a licensed medication aide, but may assist residents as needed.
    (d) Licensed medication aides shall not administer any medication until a physician has conducted an initial assessment of the resident.
    (e) Licensed medication aides shall not administer any Schedule II controlled substances as set forth in the Illinois Controlled Substances Act, and may not administer any subcutaneous, intramuscular, intradermal, or intravenous medication.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-25

    (225 ILCS 65/80-25)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-25. Unlicensed practice; violation; civil penalty.
    (a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a medication aide without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-30

    (225 ILCS 65/80-30)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-30. Applications for original licensure. Applications for original licensure shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. The application shall require such information as, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for licensure. Applicants have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-35

    (225 ILCS 65/80-35)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-35. Examinations. The Department shall authorize examinations of applicants for a license under this Article at the times and place as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a medication aide.
    Applicants for examination as a medication aide shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    If an applicant fails to pass an examination for licensure under this Act within 3 years after filing his or her application, the application shall be denied. The applicant may thereafter make a new application accompanied by the required fee; however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining licensure. The Department may employ consultants for the purposes of preparing and conducting examinations.
(Source: P.A. 100-513, eff. 1-1-18.)

225 ILCS 65/80-40

    (225 ILCS 65/80-40)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-40. Licensure by examination. An applicant for licensure by examination to practice as a licensed medication aide must:
        (1) submit a completed written application on forms
    
provided by the Department and fees as established by the Department;
        (2) be age 18 or older;
        (3) have a high school diploma or a high school
    
equivalency certificate;
        (4) demonstrate the ability to speak, read, and write
    
the English language, as determined by rule;
        (5) demonstrate competency in math, as determined by
    
rule;
        (6) be currently certified in good standing as a
    
certified nursing assistant and provide proof of 2,000 hours of practice as a certified nursing assistant within 3 years before application for licensure;
        (7) submit to the criminal history records check
    
required under Section 50-35 of this Act;
        (8) have not engaged in conduct or behavior
    
determined to be grounds for discipline under this Act;
        (9) be currently certified to perform cardiopulmonary
    
resuscitation by the American Heart Association or American Red Cross;
        (10) have successfully completed a course of study
    
approved by the Department as defined by rule; to be approved, the program must include a minimum of 60 hours of classroom-based medication aide education, a minimum of 10 hours of simulation laboratory study, and a minimum of 30 hours of registered nurse-supervised clinical practicum with progressive responsibility of patient medication assistance;
        (11) have successfully completed the Medication Aide
    
Certification Examination or other examination authorized by the Department; and
        (12) submit proof of employment by a qualifying
    
facility.
(Source: P.A. 98-990, eff. 8-18-14; 99-78, eff. 7-20-15.)

225 ILCS 65/80-45

    (225 ILCS 65/80-45)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-45. Expiration of license. The expiration date for each license to practice as a licensed medication aide shall be set by the rule. Licenses under this Article may not be renewed or restored.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-50

    (225 ILCS 65/80-50)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-50. Administration and enforcement. Licenses issued under this Article are subject to Article 70, including grounds for disciplinary action under Section 70-5.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-55

    (225 ILCS 65/80-55)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-55. Title. Any person who is issued a license as a medication aide under the terms of this Act shall use the words "licensed medication aide" in connection with his or her name to denote his or her licensure under this Act.
(Source: P.A. 98-990, eff. 8-18-14.)

225 ILCS 65/80-60

    (225 ILCS 65/80-60)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 80-60. Rules. The Department shall file rules to administer this Article within 90 days of the effective date of this Act.
(Source: P.A. 98-990, eff. 8-18-14.)