Bill Text: VA HB349 | 2024 | Regular Session | Chaptered
Bill Title: Advanced registered medication aides; aides who administer drugs in certified nursing facilities.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2024-04-02 - Governor: Acts of Assembly Chapter text (CHAP0284) [HB349 Detail]
Download: Virginia-2024-HB349-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§54.1-3041 and 54.1-3042 of the Code of Virginia are amended and reenacted as follows:
§54.1-3041. Registration required.
A. A medication aide who administers drugs that would otherwise be self-administered to residents in an assisted living facility licensed by the Department of Social Services shall be registered by the Board as a registered medication aide.
B. A medication aide who administers drugs as determined permissible by the Board for administration to residents in a certified nursing facility licensed by the Department of Health shall be registered by the Board as an advanced registered medication aide.
C. An advanced registered medication aide who is registered to administer drugs to residents in a certified nursing facility shall also be authorized to administer drugs to residents in an assisted living facility.
§54.1-3042. Application for registration by competency evaluation.
A. Every applicant for registration as a medication aide by competency evaluation shall pay the required application fee and shall submit written evidence that the applicant:
1. Has not committed any act that would be grounds for discipline or denial of registration under this article;
2. Has successfully completed a staff training program in direct care approved by the Department of Social Services or an approved nurse aide education program;
3. Has successfully completed an education or training program approved by the Board that shall include one of the following:
a. A medication aide education or training program approved by the Board that shall be 68 hours combined classroom instruction and clinical skills practice curriculum, and for an advanced registered medication aide the number of additional hours as determined by the Board; or
b. A nursing education program preparing for registered nurse
or practical nurse licensure; and
4. Has successfully completed a competency evaluation consisting of both a clinical evaluation of minimal competency and a written examination as specified by the Board; and
5. In the case of medication aides who will administer drugs as determined permissible by the Board for administration to residents in a certified nursing facility licensed by the Department of Health, has successfully completed all educational requirements established by the Board for administering drugs in a certified nursing facility, which shall reflect the medically complex patient population found in certified nursing facilities and the resulting medication regime for that population.
B. The Board shall (i) make the written examination available in both electronic and non-electronic format, (ii) provide sufficient locations for the administration of any written examination required for registration under this section, to ensure adequate access to the written examination for all applicants, (iii) establish a procedure pursuant to which an examination shall be offered at or near the location of an education or training course, upon the request of five or more applicants, provided that the security of the examination and the integrity of the administration of the examination are ensured and that any additional costs are born by the requesting applicants, and (iv) provide written notice to applicants of the results of any competency examination completed by the applicants within seven days of completion of the examination.
C. Any applicant under this section who has provided to the Board evidence of successful completion of the education or training course required for registration may act as a medication aide on a provisional basis for no more than 120 days before successfully completing any required competency evaluation. However, upon notification of failure to successfully complete the written examination after three attempts, an applicant shall immediately cease acting as a medication aide.
D. Any applicant under this section who shall apply by endorsement from any state or the District of Columbia that requires registration of medication aides who has met the requirements of registration in such jurisdiction may be deemed eligible to sit for the competency evaluation required pursuant to this section, subject to approval of the Board.
2. That the provisions of the first enactment of this act shall become effective on July 1, 2025.
3. That the Board of Nursing (the Board) shall convene a work group of stakeholders, including the Virginia Health Care Association, the Virginia Nurses Association, and LeadingAge Virginia, to develop recommendations to enable medication aides registered by the Board to administer drugs to residents in a certified nursing facility licensed by the Department of Health. The work group's recommendations shall be reported to the Chairmen of the Senate Committee on Education and Health and the House Committee on Health and Human Services by November 1, 2024.
4. That the Department of Health shall promulgate regulations to authorize medication aides registered by the Board of Nursing (the Board) to administer drugs as determined permissible by the Board for administration to residents in a certified nursing facility licensed by the Department of Health to be effective as of July 1, 2025.
5. That the Board of Nursing shall promulgate regulations to implement the provisions of this act to be effective as of July 1, 2025.
