Public Act 103-0898
 
SB1779 EnrolledLRB103 28441 AMQ 54821 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Nursing Home Care Act is amended by adding 
Section 3-220 as follows:
 
    (210 ILCS 45/3-220 new)
    Sec. 3-220. Certified medication aide program.
    (a) Definitions. As used in this Section:
    "Department" means the Department of Public Health.
    "Certified medication aide" means a person who has met the 
qualifications for certification under this Section who 
assists with medication administration while under the 
supervision of a registered professional nurse in a skilled 
nursing facility.
    "Qualified employer" means a facility licensed under this 
Act by the Department of Public Health that meets the 
qualifications set forth in subsection (c) of Section 3-220 of 
this Act.
    (b) The Department shall administer and enforce a 
certified medication aide program, ensuring the regulation and 
certification of medication aides. In order for a facility to 
use certified medication aides, it must have the approval of 
the Department. 
    (c) To be approved as a qualified facility, a facility 
must:
        (1) be licensed and in compliance when applying as a 
    skilled nursing facility by the Department of Public 
    Health;
        (2) not appear on the Centers for Medicare and 
    Medicaid Services Special Focus Facility List;
        (3) certify that the employment of a certified 
    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 certified medication aide 
    during the delegation times;
        (5) certify that, with the exception of licensed 
    health care professionals, only certified 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 by 
    rule.
        Failure to submit any required report shall be grounds 
    for discipline or sanctions under this Act, the Nurse 
    Practice Act, or the Nursing Home Administrators Licensing 
    and Disciplinary Act. 
    (d) The Department shall submit a report regarding patient 
safety, efficiency, and errors, as determined by rule, to the 
General Assembly no later than one year after the full 
implementation of the program.
    (e) Nothing in this Section 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 
    the person is licensed;
        (2) any person employed as a medication aide by the 
    government of the United States, if the person practices 
    as a medication aide solely under the direction or control 
    of the organization by which the person 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 the person's status as a student or trainee. 
    (f) Nothing in this Section 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.
    (g) A certified medication aide may only practice in a 
qualified facility. 
    (h) Certified medication aides must be supervised by and 
receive delegation from a registered nurse that is on duty and 
present in the facility at all times when certified medication 
aides are administering medication.
    (i) Certified medication aides shall not perform other 
duties during the duration of the medication distribution.
    (j) Certified medication aides shall not administer any 
medication until a physician has conducted an initial 
assessment of the resident.
    (k) Certified 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.
    (l) 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 certified under this Section shall pay a 
civil penalty to the Department in an amount determined by the 
Department by rule.
    (m) The Department has the authority and power to 
investigate any and all activity under this Section that is 
not certified.
    (n) The civil penalty described in this Section 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. 
    (o) The Department shall authorize examinations of 
applicants for certification under this Section at the times 
and places it designates. The examination shall be of a 
character to give a fair test of the qualifications of the 
applicant to practice as a certified medication aide.
    (p) Applicants for examination as a certified 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.
    (q) An applicant for certification by examination to 
practice as a certified medication aide must: 
        (1) submit a completed written application on forms 
    provided by the Department and pay any fees as established 
    by the Department; 
        (2) be age 18 or older;
        (3) have a State of Illinois High School Diploma; 
        (4) demonstrate the ability to speak, read, and write 
    the English language or language of the facility, 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 certification;
        (7) submit to the criminal history records check 
    required under the Health Care Worker Background Check 
    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 
    that is approved by the Department by rule and that 
    includes: 
            (A) a minimum of 60 hours of classroom-based 
        certified medication aide education;
            (B) a minimum of 10 hours of simulation laboratory 
        study; and
            (C) 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. 
    (r) The expiration date for each certification to practice 
as a certified medication aide shall be set by rule.
    (s) The Department may take disciplinary action against a 
medication aide, including, but not limited to, suspension or 
revocation of the medication aide's certification, for gross 
negligence. Violations and enforcement shall be as otherwise 
provided in Article III of this Act.
    (t) Any person who is issued a certification as a 
medication aide under the terms of this Section shall use the 
words "certified medication aide" in connection with the 
person's name to denote the person's certification under this 
Section.
    (u) To ensure transparency and the well-being of 
residents, a facility is required to provide information about 
medication administration via certified medication aides in 
its admission agreements so that residents and their families 
understand the addition of certified medication aides as 
members of the healthcare team. 
    (v) The Department shall propose rules to implement, 
administer, and enforce this Section within 180 days after the 
effective date of this amendatory Act of the 103rd General 
Assembly.