Bill Text: IL SB1779 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Strong Partisan Bill (Democrat 58-5)
Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0898 [SB1779 Detail]
Download: Illinois-2023-SB1779-Introduced.html
Bill Title: 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.
Spectrum: Strong Partisan Bill (Democrat 58-5)
Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0898 [SB1779 Detail]
Download: Illinois-2023-SB1779-Introduced.html
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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Nurse Practice Act is amended by changing | |||||||||||||||||||||||
| 5 | the heading of Article 80 and Sections 80-10 and 80-45 as | |||||||||||||||||||||||
| 6 | follows:
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| 7 | (225 ILCS 65/Art. 80 heading) | |||||||||||||||||||||||
| 8 | ARTICLE 80. MEDICATION AIDE PILOT PROGRAM
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| 9 | (Article scheduled to be repealed on January 1, 2028) | |||||||||||||||||||||||
| 10 | (Source: P.A. 98-990, eff. 8-18-14.)
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| 11 | (225 ILCS 65/80-10) | |||||||||||||||||||||||
| 12 | (Section scheduled to be repealed on January 1, 2028) | |||||||||||||||||||||||
| 13 | Sec. 80-10. Program Pilot program. | |||||||||||||||||||||||
| 14 | (a) The Department shall administer and enforce a Licensed | |||||||||||||||||||||||
| 15 | Medication Aide Pilot Program. The
program shall last for a | |||||||||||||||||||||||
| 16 | period of 3 years, as determined by rule.
During the 3-year | |||||||||||||||||||||||
| 17 | pilot program, the Department shall license and regulate | |||||||||||||||||||||||
| 18 | licensed
medication aides. As part of the pilot program, no | |||||||||||||||||||||||
| 19 | more than 10 skilled nursing homes, which
shall be | |||||||||||||||||||||||
| 20 | geographically located throughout the State, shall be | |||||||||||||||||||||||
| 21 | authorized to
employ licensed medication aides, as approved by | |||||||||||||||||||||||
| 22 | the Department. The Department may consult
with the Department | |||||||||||||||||||||||
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| 1 | of Public Health as necessary to properly administer and | ||||||
| 2 | enforce this Article. | ||||||
| 3 | (b) To be approved as a qualified facility under the for | ||||||
| 4 | the duration of the pilot program, a facility must: | ||||||
| 5 | (1) be licensed in good standing as a skilled nursing | ||||||
| 6 | facility by the
Department of Public Health; | ||||||
| 7 | (2) have an overall Five Star
Quality Rating of 3, 4, | ||||||
| 8 | or 5 from the most recent data available on the Centers for
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| 9 | Medicare and Medicaid Services' website; | ||||||
| 10 | (3) certify that the employment of a licensed | ||||||
| 11 | medication aide will not
replace or diminish the | ||||||
| 12 | employment of a registered nurse or licensed practical | ||||||
| 13 | nurse at
the facility; | ||||||
| 14 | (4) certify that a registered nurse will be on-duty | ||||||
| 15 | and present in the facility to
delegate and supervise the | ||||||
| 16 | medication administration by a licensed medication aide at
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| 17 | all times; | ||||||
| 18 | (5) certify that, with the exception of licensed | ||||||
| 19 | health care professionals,
only licensed medication aides | ||||||
| 20 | will be employed in the capacity of administering
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| 21 | medication; and | ||||||
| 22 | (6) provide information regarding patient safety,
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| 23 | efficiency, and errors as determined by the Department; | ||||||
| 24 | failure to submit any
required report may be grounds for | ||||||
| 25 | discipline or sanctions under this Act, the
Nursing Home | ||||||
| 26 | Administrators Licensing and Disciplinary Act, or the | ||||||
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| 1 | Nursing Home
Care Act. | ||||||
| 2 | The Department shall submit a report regarding patient | ||||||
| 3 | safety, efficiency, and errors, as
determined by rule, to the | ||||||
| 4 | General Assembly no later than 6 months after termination of | ||||||
| 5 | the pilot
program.
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| 6 | (Source: P.A. 98-990, eff. 8-18-14.)
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| 7 | (225 ILCS 65/80-45) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 9 | Sec. 80-45. Expiration of license. The expiration date for | ||||||
| 10 | each license to practice as a licensed medication aide shall | ||||||
| 11 | be set by
the rule. Licenses under this Article may not be | ||||||
| 12 | renewed or restored.
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| 13 | (Source: P.A. 98-990, eff. 8-18-14.)
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