Bill Amendment: IL SB0774 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: REGULATION-TECH

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0886 [SB0774 Detail]

Download: Illinois-2023-SB0774-Senate_Amendment_002.html

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Sen. Sara Feigenholtz

Filed: 4/17/2024

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AMENDMENT TO SENATE BILL 774
AMENDMENT NO. ______. Amend Senate Bill 774, AS AMENDED,
with reference to page and line numbers of Senate Amendment
No. 1, on page 18, immediately above line 1, by inserting the
following:
"(225 ILCS 65/Art. 80 rep.)
Section 10. The Nurse Practice Act is amended by repealing
Article 80.
Section 15. The Illinois Public Aid Code is amended by
adding Section 5-5.01c as follows:
(305 ILCS 5/5-5.01c new)
Sec. 5-5.01c. Certified medication aide.
(a) As used in this Section:
"Certified medication aide" means a person who has met the
qualifications for certification under this Section and

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assists with medication administration while under the
supervision of a registered professional nurse in a long-term
care facility.
"Department" means the Department of Healthcare and Family
Services.
"Direct-care assignment" means an assignment for staffing
requirements for direct care staff as that term is defined
under 77 Ill. Adm. Code 300.1230.
"Program" means the Certified Medication Aide Program.
"Qualified facility " means a supportive living program
setting approved and certified by the Department of Healthcare
and Family Services to participate in the supportive living
program under Section 5-5.01a.
(b) The Department shall administer and enforce a
Certified Medication Aide Program and regulate certified
medication aides. To be approved as a facility qualified to
participate in the program, a facility must satisfy all of the
following requirements:
(1) Be certified and in good standing as a supportive
living facility by the Department.
(2) 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.
(3) Certify that a registered nurse will be on duty
and present in the facility to delegate and supervise the

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administration of medication by a certified medication
aide at all times.
(4) Certify that, with the exception of licensed
health care professionals, only certified medication aides
will be employed in the capacity of administering
medication.
(5) Provide information regarding patient safety,
efficiency, and errors as determined by the Department.
Failure to submit any required report may be grounds for
discipline or sanctions as prescribed by the Department.
The Department shall submit a report regarding patient
safety, efficiency, and errors, as determined by rule, to
the General Assembly no later than 2 years after the
effective date of this amendatory Act of the 103rd General
Assembly.
(c) No person shall practice as a medication aide or hold
himself or herself out as a certified medication aide in this
State unless he or she is certified in accordance with this
Section.
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 he
or she is licensed;
(2) any person employed as a medication aide by the
government of the United States, if such person practices

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as a medication aide solely under the direction or control
of the organization by which he or she 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 his or her status as a student or trainee.
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.
(d) A certified medication aide may only practice in a
qualified establishment. Certified medication aides must be
supervised by and receive delegation by a registered nurse, as
authorized by Section 50-75 of the Nurse Practice Act, that is
on duty and present in the establishment at all times.
Certified medication aides shall not have a direct-care
assignment when scheduled to work as a certified medication
aide, but may assist residents as needed. Certified medication
aides shall not administer any medication until a physician
has conducted an initial assessment of the resident.
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

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medication.
(e) 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 in accordance with this Section
shall, in addition to any other penalty provided by law, pay a
civil penalty to the Department in an amount as determined by
the Department. The Department has the authority and power to
investigate any and all uncertified activity. The civil
penalty shall be paid within 60 days after the 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.
(f) Applications for original certification shall be made
to the Department in writing on forms prescribed by the
Department and shall be accompanied by the required fee, which
shall not be returnable. The application shall require such
information that, in the judgment of the Department, enables
the Department to pass on the qualifications of the applicant
for certification.
(g) The Department shall authorize examinations of
applicants for a certificate under this Section at the times
and places as it may designate. The examination shall be of a
character to give a fair test of the qualifications of the
applicant to practice as a medication aide. Applicants for
examination as a medication aide shall be required to pay,

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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. If an applicant fails
to pass an examination for certification in accordance with
this Section within 3 years after filing his or her
application, the application shall be denied. The applicant
may thereafter make a new application accompanied by the
required fee; however, the applicant shall meet all
requirements in effect at the time of subsequent application
before obtaining certification. The Department may employ
consultants for the purposes of preparing and conducting
examinations.
(h) 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 fees as established by the
Department;
(2) be age 18 or older;
(3) have a high school diploma or a high school
equivalency certificate;
(4) demonstrate the ability to speak, read, and write
the English language, as determined by rule;

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(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 a certificate under this
Section;
(7) submit to the criminal history records check
required under Section 46 of 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
approved by the Department as defined by rule; to be
approved, the program must include a minimum of 60 hours
of classroom-based medication aide education, a minimum of
10 hours of simulation laboratory study, and 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

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