SB 1779

Abstract

Amends the Nurse Practice Act. Changes the name of the Medication Aide Pilot Program to the Medication Aide Program. Makes conforming changes. Provides that to be approved as a qualified facility under the program (instead of for the duration of the pilot program), a facility must meet specified requirements. Removes provisions that provide that the Department of Financial and Professional Regulation 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. Removes language providing that licenses under the Medication Aide Program Article may not be renewed or restored. Makes corresponding changes. House Committee Amendment No. 1 Deletes reference to: 225 ILCS 65/Art. 80 heading 225 ILCS 65/80-10 225 ILCS 65/80-45 Adds reference to: 210 ILCS 45/3-220 new Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Creates a permanent certified medication aide program. Defines "certified medication aide" and "qualified employer". Provides that the Department of Public Health shall administer and enforce a certified medication aide program. Provides that the amendatory Act shall not 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 their activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates the person's status as a student or trainee. Provides that the amendatory Act shall not 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. Provides that a certified medication aide: (i) may only practice in a qualified facility; (ii) must be supervised by and receive delegation from a registered nurse that is on duty and present in the facility at all times when the certified medication aide is administering medication; (iii) shall not perform other duties during the duration of the medication distribution; (iv) shall not administer any medication until a physician has conducted an initial assessment of the resident; and (v) shall not administer any Schedule II controlled substances, as set forth in the Illinois Controlled Substances Act, or any subcutaneous, intramuscular, intradermal, or intravenous medication. Provides that, 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 the amendatory Act shall pay a civil penalty to the Department in an amount determined by the Department by rule. Provides that the Department has the authority and power to investigate any and all activity under the amendatory Act that is not certified. Provides that the civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty and that 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. Provides that the Department shall authorize examinations of applicants for certification as a certified medication aide at the times and places it designates. Provides that 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. Provides that an applicant's 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 by the applicant. Sets forth requirements for an applicant for examination as a certified medication aide, including requirements for a course of study approved by the Department. Provides that the expiration date for each certificate to practice as a certified medication aide shall be set by rule. Provides that violations and enforcement of this amendatory Act shall be as provided in Article III of the Act. Provides that any person who is issued a certification as a medication aide under the amendatory Act shall use the words "certified medication aide" in connection with the person's name to denote the person's certification. Provides that the Department shall propose rules. House Floor Amendment No. 3 Provides that the Department of Public Health 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. Provides that a facility is required to provide information about medication administration via certified medication aides in its admission agreements. Provides that the Department must, within 180 days (rather than 90 days) after the effective date of the amendatory Act, propose rules to implement, administer, and enforce the provisions added by the amendatory Act.