Bill Text: IL SB0860 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act. In provisions requiring the Department of Human Services to develop a medication administration training program for authorized directed staff at certain facilities for individuals with a developmental disability, provides that non-licensed authorized direct care staff must (i) score 100% on the competency-based assessment demonstrating proficiency in the skill of administering medication and (ii) have received additional competency-based assessment by the nurse-trainer whenever it is determined that additional skill development and training is needed to administer a medication. Provides that to assist each individual in attaining the highest possible level of independent functioning, an individual's total health care program shall include individual training in preventive health and self-administration of medication procedures (rather than training in preventive health and self-medication procedures). Requires each program to adopt written policies and procedures for assisting individuals who choose to obtain preventative health and self-administration of medication skills in consultation with a registered professional nurse, advanced practice registered nurse, physician assistant, or licensed physician. For quality assurance, requires a registered professional nurse, advanced practice registered nurse, licensed practical nurse, licensed physician, physician assistant, or pharmacist to review medication labels, including medications listed on the medication administration record for individuals who are not self-administering medication. Adds auto-injectors (rather than epinephrine auto-injectors) to the definition of "medications". Defines "insulin in an injectable or auto-injectable form" (rather than "insulin in an injectable form"). Defines "GLP-1 receptor agonists in an injectable or auto-injectable form". Makes other changes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-04-30 - Committee Deadline Extended-Rule 9(b) May 10, 2024 [SB0860 Detail]
Download: Illinois-2023-SB0860-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Administrative Act is amended by changing Section | ||||||
6 | 15.4 as follows:
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7 | (20 ILCS 1705/15.4) | ||||||
8 | Sec. 15.4. Authorization for nursing delegation to permit | ||||||
9 | direct care staff to administer medications. | ||||||
10 | (a) This Section applies to (i) all residential programs | ||||||
11 | for persons with a developmental disability in settings of 16 | ||||||
12 | persons or fewer that are funded or licensed by the Department | ||||||
13 | of Human Services and that distribute or administer | ||||||
14 | medications, (ii) all intermediate care facilities for persons | ||||||
15 | with developmental disabilities with 16 beds or fewer that are | ||||||
16 | licensed by the Department of Public Health, and (iii) all day | ||||||
17 | programs certified to serve persons with developmental | ||||||
18 | disabilities by the Department of Human Services. The | ||||||
19 | Department of Human Services shall develop a training program | ||||||
20 | for authorized direct care staff to administer medications | ||||||
21 | under the supervision and monitoring of a registered | ||||||
22 | professional nurse. The training program for authorized direct | ||||||
23 | care staff shall include educational and oversight components |
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1 | for staff who work in day programs that are similar to those | ||||||
2 | for staff who work in residential programs. This training | ||||||
3 | program shall be developed in consultation with professional | ||||||
4 | associations representing (i) physicians licensed to practice | ||||||
5 | medicine in all its branches, (ii) registered professional | ||||||
6 | nurses, and (iii) pharmacists. | ||||||
7 | (b) For the purposes of this Section: | ||||||
8 | "Authorized direct care staff" means non-licensed persons | ||||||
9 | who have successfully completed a medication administration | ||||||
10 | training program approved by the Department of Human Services | ||||||
11 | and conducted by a nurse-trainer. This authorization is | ||||||
12 | specific to an individual receiving service in a specific | ||||||
13 | agency and does not transfer to another agency. | ||||||
14 | "Medications" means oral and topical medications, | ||||||
15 | auto-injectors, insulin in an injectable form, oxygen, | ||||||
16 | epinephrine auto-injectors, and vaginal and rectal creams and | ||||||
17 | suppositories. "Oral" includes inhalants and medications | ||||||
18 | administered through enteral tubes, utilizing aseptic | ||||||
19 | technique. "Topical" includes eye, ear, and nasal medications. | ||||||
20 | Any controlled substances must be packaged specifically for an | ||||||
21 | identified individual. | ||||||
22 | "Insulin in an injectable or auto-injectable form" means a | ||||||
23 | subcutaneous injection , auto-injection, or other technologies | ||||||
24 | available including, but not limited to, insulin pumps, | ||||||
25 | insulin pods, or via an insulin pen pre-filled by the | ||||||
26 | manufacturer. |
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1 | "GLP-1 receptor agonists in an injectable or | ||||||
2 | auto-injectable form" means an anti-diabetic medication used | ||||||
3 | for the treatment of type 1 and type 2 diabetes. Authorized | ||||||
4 | direct care staff may administer insulin or GLP-1 receptor | ||||||
5 | agonists via auto-injection or pen pre-filled by the | ||||||
6 | manufacturer as delegated by the registered professional nurse | ||||||
7 | and , as ordered by a physician, advanced practice registered | ||||||
8 | nurse, or physician assistant, if: (i) the staff has | ||||||
9 | successfully completed a Department-approved advanced training | ||||||
10 | program specific to insulin or GLP-1 receptor agonist | ||||||
11 | administration developed in consultation with professional | ||||||
12 | associations listed in subsection (a) of this Section, and | ||||||
13 | (ii) the staff consults with the registered nurse, prior to | ||||||
14 | administration, of any insulin or GLP-1 receptor agonist dose | ||||||
15 | that is determined based on a blood glucose test result. The | ||||||
16 | authorized direct care staff shall not: (i) calculate the | ||||||
17 | insulin or GLP-1 receptor agonist dosage needed when the dose | ||||||
18 | is dependent upon a blood glucose test result, or (ii) | ||||||
19 | administer insulin or GLP-1 receptor agonists to individuals | ||||||
20 | who require blood glucose monitoring greater than 3 times | ||||||
21 | daily, unless directed to do so by the registered nurse. An | ||||||
22 | individual may self-administer insulin or GLP-1 receptor | ||||||
23 | agonists in any form if the individual is deemed independent | ||||||
24 | by the nurse-trainer through the use of the Department's | ||||||
25 | required standardized screening and assessment instruments. | ||||||
26 | "Nurse-trainer training program" means a standardized, |
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1 | competency-based medication administration train-the-trainer | ||||||
2 | program provided by the Department of Human Services and | ||||||
3 | conducted by a Department of Human Services master | ||||||
4 | nurse-trainer for the purpose of training nurse-trainers to | ||||||
5 | train persons employed or under contract to provide direct | ||||||
6 | care or treatment to individuals receiving services to | ||||||
7 | administer medications and provide self-administration of | ||||||
8 | medication training to individuals under the supervision and | ||||||
9 | monitoring of the nurse-trainer. The program incorporates | ||||||
10 | adult learning styles, teaching strategies, classroom | ||||||
11 | management, and a curriculum overview, including the ethical | ||||||
12 | and legal aspects of supervising those administering | ||||||
13 | medications. | ||||||
14 | "Self-administration of medications" means an individual | ||||||
15 | administers his or her own medications or a portion of his or | ||||||
16 | her own medications . To be considered capable to | ||||||
17 | self-administer their own medication, individuals must, at a | ||||||
18 | minimum, be able to identify their medication by size, shape, | ||||||
19 | or color, know when they should take the medication, and know | ||||||
20 | the amount of medication to be taken each time. The use of | ||||||
21 | assistive or enabling technologies can be used to demonstrate | ||||||
22 | a person's capability to administer his or her own | ||||||
23 | medications. | ||||||
24 | "Training program" means a standardized medication | ||||||
25 | administration training program approved by the Department of | ||||||
26 | Human Services and conducted by a registered professional |
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1 | nurse for the purpose of training persons employed or under | ||||||
2 | contract to provide direct care or treatment to individuals | ||||||
3 | receiving services to administer medications and provide | ||||||
4 | self-administration of medication training to individuals | ||||||
5 | under the delegation and supervision of a nurse-trainer. The | ||||||
6 | program incorporates adult learning styles, teaching | ||||||
7 | strategies, classroom management, curriculum overview, | ||||||
8 | including ethical-legal aspects, and standardized | ||||||
9 | competency-based evaluations on administration of medications | ||||||
10 | and self-administration of medication training programs. | ||||||
11 | (c) Training and authorization of non-licensed direct care | ||||||
12 | staff by nurse-trainers must meet the requirements of this | ||||||
13 | subsection. | ||||||
14 | (1) Prior to training non-licensed direct care staff | ||||||
15 | to administer medication, the nurse-trainer shall perform | ||||||
16 | the following for each individual to whom medication will | ||||||
17 | be administered by non-licensed direct care staff: | ||||||
18 | (A) An assessment of the individual's health | ||||||
19 | history and physical and mental status. | ||||||
20 | (B) An evaluation of the medications prescribed. | ||||||
21 | (2) Non-licensed authorized direct care staff shall | ||||||
22 | meet the following criteria: | ||||||
23 | (A) Be 18 years of age or older. | ||||||
24 | (B) Have completed high school or have a State of | ||||||
25 | Illinois High School Diploma. | ||||||
26 | (C) Have demonstrated functional literacy. |
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1 | (D) Have satisfactorily completed the Health and | ||||||
2 | Safety component of a Department of Human Services | ||||||
3 | authorized direct care staff training program. | ||||||
4 | (E) Have successfully completed the training | ||||||
5 | program, pass the written portion of the comprehensive | ||||||
6 | exam, and score 100% on the competency-based | ||||||
7 | assessment demonstrating proficiency in the skill of | ||||||
8 | administering medication specific to the individual | ||||||
9 | and his or her medications . | ||||||
10 | (F) Have received additional competency-based | ||||||
11 | assessment by the nurse-trainer as deemed necessary by | ||||||
12 | the nurse-trainer whenever it is determined that | ||||||
13 | additional skill development and training is needed to | ||||||
14 | administer a medication a change of medication occurs | ||||||
15 | or a new individual that requires medication | ||||||
16 | administration enters the program . | ||||||
17 | (3) Authorized direct care staff shall be re-evaluated | ||||||
18 | by a nurse-trainer at least annually or more frequently at | ||||||
19 | the discretion of the registered professional nurse. Any | ||||||
20 | necessary retraining shall be to the extent that is | ||||||
21 | necessary to ensure competency of the authorized direct | ||||||
22 | care staff to administer medication. | ||||||
23 | (4) Authorization of direct care staff to administer | ||||||
24 | medication shall be revoked if, in the opinion of the | ||||||
25 | registered professional nurse, the authorized direct care | ||||||
26 | staff is no longer competent to administer medication. |
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1 | (5) The registered professional nurse shall assess an | ||||||
2 | individual's health status at least annually or more | ||||||
3 | frequently at the discretion of the registered | ||||||
4 | professional nurse. | ||||||
5 | This subsection only applies to settings where the | ||||||
6 | registered professional nurse has jurisdiction. If direct care | ||||||
7 | staff move to other settings, they shall consult with the | ||||||
8 | registered professional nurse who has jurisdiction of that | ||||||
9 | setting. | ||||||
10 | (d) Medication self-administration shall meet the | ||||||
11 | following requirements: | ||||||
12 | (1) As part of the normalization process, in order for | ||||||
13 | each individual to attain the highest possible level of | ||||||
14 | independent functioning, all individuals shall be | ||||||
15 | permitted to participate in their total health care | ||||||
16 | program. This program shall include, but not be limited | ||||||
17 | to, individual training in preventive health and | ||||||
18 | self-administration of medication self-medication | ||||||
19 | procedures. | ||||||
20 | (A) Every program shall adopt written policies and | ||||||
21 | procedures for assisting individuals who choose to | ||||||
22 | obtain in obtaining preventative health and | ||||||
23 | self-administration of medication self-medication | ||||||
24 | skills in consultation with a registered professional | ||||||
25 | nurse, advanced practice registered nurse, physician | ||||||
26 | assistant, or physician licensed to practice medicine |
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1 | in all its branches. | ||||||
2 | (B) If an individual desires to gain independence | ||||||
3 | in self-administration of medication, the individual | ||||||
4 | Individuals shall be evaluated to determine the | ||||||
5 | individual's their ability to self-administer | ||||||
6 | medication self-medicate by the nurse-trainer through | ||||||
7 | the use of the Department's required, standardized | ||||||
8 | screening and assessment instruments. | ||||||
9 | (C) (Blank). When the results of the screening and | ||||||
10 | assessment indicate an individual not to be capable to | ||||||
11 | self-administer his or her own medications, programs | ||||||
12 | shall be developed in consultation with the Community | ||||||
13 | Support Team or Interdisciplinary Team to provide | ||||||
14 | individuals with self-medication administration. | ||||||
15 | (2) Each individual shall be presumed to be competent | ||||||
16 | to self-administer medications if: | ||||||
17 | (A) authorized by an order of a physician licensed | ||||||
18 | to practice medicine in all its branches, an advanced | ||||||
19 | practice registered nurse, or a physician assistant; | ||||||
20 | and | ||||||
21 | (B) approved to self-administer medication by the | ||||||
22 | individual's Community Support Team or | ||||||
23 | Interdisciplinary Team, which includes a registered | ||||||
24 | professional nurse or an advanced practice registered | ||||||
25 | nurse. | ||||||
26 | (e) Quality Assurance. |
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1 | (1) A registered professional nurse, advanced practice | ||||||
2 | registered nurse, licensed practical nurse, physician | ||||||
3 | licensed to practice medicine in all its branches, | ||||||
4 | physician assistant, or pharmacist shall review the | ||||||
5 | following for all individuals: | ||||||
6 | (A) Medication orders. | ||||||
7 | (B) Medication labels, including medications | ||||||
8 | listed on the medication administration record for | ||||||
9 | persons who are not self-administering medication | ||||||
10 | self-medicating to ensure the labels match the orders | ||||||
11 | issued by the physician licensed to practice medicine | ||||||
12 | in all its branches, advanced practice registered | ||||||
13 | nurse, or physician assistant. | ||||||
14 | (C) Medication administration records for persons | ||||||
15 | who are not self-administering medication | ||||||
16 | self-medicating to ensure that the records are | ||||||
17 | completed appropriately for: | ||||||
18 | (i) medication administered as prescribed; | ||||||
19 | (ii) refusal by the individual; and | ||||||
20 | (iii) full signatures provided for all | ||||||
21 | initials used. | ||||||
22 | (2) Reviews shall occur at least quarterly, but may be | ||||||
23 | done more frequently at the discretion of the registered | ||||||
24 | professional nurse or advanced practice registered nurse. | ||||||
25 | (3) A quality assurance review of medication errors | ||||||
26 | and data collection for the purpose of monitoring and |
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1 | recommending corrective action shall be conducted within 7 | ||||||
2 | days and included in the required annual review. | ||||||
3 | (f) Programs using authorized direct care staff to | ||||||
4 | administer medications are responsible for documenting and | ||||||
5 | maintaining records on the training that is completed. | ||||||
6 | (g) The absence of this training program constitutes a | ||||||
7 | threat to the public interest, safety, and welfare and | ||||||
8 | necessitates emergency rulemaking by the Departments of Human | ||||||
9 | Services and Public Health under Section 5-45 of the Illinois | ||||||
10 | Administrative Procedure Act. | ||||||
11 | (h) Direct care staff who fail to qualify for delegated | ||||||
12 | authority to administer medications pursuant to the provisions | ||||||
13 | of this Section shall be given additional education and | ||||||
14 | testing to meet criteria for delegation authority to | ||||||
15 | administer medications. Any direct care staff person who fails | ||||||
16 | to qualify as an authorized direct care staff after initial | ||||||
17 | training and testing must within 3 months be given another | ||||||
18 | opportunity for retraining and retesting. A direct care staff | ||||||
19 | person who fails to meet criteria for delegated authority to | ||||||
20 | administer medication, including, but not limited to, failure | ||||||
21 | of the written test on 2 occasions shall be given | ||||||
22 | consideration for shift transfer or reassignment, if possible. | ||||||
23 | No employee shall be terminated for failure to qualify during | ||||||
24 | the 3-month time period following initial testing. Refusal to | ||||||
25 | complete training and testing required by this Section may be | ||||||
26 | grounds for immediate dismissal. |
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