Bill Text: MA S860 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to home health aides
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-07-21 - Read second and ordered to a third reading [S860 Detail]
Download: Massachusetts-2009-S860-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Moore, Richard (SEN)
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To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act Relative to Home Health Aides
_______________
PETITION OF:
Name: |
District/Address: |
Moore, Richard (SEN) |
Worcester and Norfolk |
William N. Brownsberger |
24th Middlesex |
John W. Scibak |
2nd Hampshire |
Susan C. Tucker |
Second Essex and Middlesex |
Patricia D. Jehlen |
Second Middlesex |
Geraldo Alicea |
6th Worcester |
Richard J. Ross |
9th Norfolk |
Jay R. Kaufman |
15th Middlesex |
Mary E. Grant |
6th Essex |
Robert F. Fennell |
10th Essex |
John V. Fernandes |
10th Worcester |
Kay Khan |
11th Middlesex |
David P. Linsky |
5th Middlesex |
Elizabeth A. Malia |
11th Suffolk |
Martin J. Walsh |
13th Suffolk |
Michael F. Rush |
10th Suffolk |
James T. Welch |
6th Hampden |
Barry R. Finegold |
17th Essex |
Jonathan Hecht |
29th Middlesex |
The Commonwealth of
Massachusetts
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In the Year Two Thousand and Nine
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An Act Relative to Home Health Aides.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Section 80B of Chapter 112 of the General Laws, as appearing in the 2002 Official Edition is hereby amended by inserting in the last paragraph after the words "licensed practical nurse" the following:
"(8) the administration of or assistance with the administration of medications in the home by a home health aide as defined under G.L. c. 111, § 72F, provided that such an aide has completed agency training regulations to be drafted according to regulations promulgated by the Board of Registration in Nursing and the Department of Public Health and that the administration or assistance with administration is performed under the supervision of a registered nurse. The delegation permitted under this subparagraph eight shall be limited to medications which are oral, ophthalmic, otic, topical, internasal, transdermal, suppository, prefilled, or products which are administered by inhalation. Administration of medications by intramuscular, subcutaneous, intradermal, intraosseous, intravenous shall not be permitted.
Agencies shall provide training and establish documentation protocols according to the nurse delegation model and regulations to be drafted by the Board of Registration in Nursing and the Department of Public Health. These regulations shall specify that the registered nurse delegator and the home health aide are accountable for their own actions in the delegation process and that no registered nurse shall be required to delegate if the registered nurse determines it is inappropriate to do so. These regulations shall specify that delegation of administration of medication does not alter the responsibility of the home health agency or hospice to teach and the patient/family to participate in learning, self administration of medications, whenever appropriate.
A nurse licensed under this chapter who delegates a specific nursing activity or task in compliance with the rules adopted in these regulations shall not be subject to disciplinary action by the board of nursing for the performance of a person to whom the nursing activity or task is delegated.
SECTION 2. Section 9 of Chapter 94 C of the General Laws in hereby amended by inserting in the first paragraph after the words “veterinarian when registered pursuant to the provisions of Chapter 7” the following:
“a home health aide pursuant to the provisions of G.L Chapter 112 S 80B (8).”