| ![](/images/1ptrans.gif) |
Public Act 103-0898 Public Act 0898 103RD GENERAL ASSEMBLY | Public Act 103-0898 | SB1779 Enrolled | LRB103 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. |
Effective Date: 1/1/2025
|
|
|