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Public Act 103-0898


 

Public Act 0898 103RD GENERAL ASSEMBLY

 


 
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.

Effective Date: 1/1/2025