Bill Text: IL SB1779 | 2023-2024 | 103rd General Assembly | Enrolled

---

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: (Enrolled) 2024-05-26 - Passed Both Houses [SB1779 Detail]

Download: Illinois-2023-SB1779-Enrolled.html

---

SB1779 Enrolled LRB103 28441 AMQ 54821 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Care Act is amended by adding
Section 3-220 as follows:
(210 ILCS 45/3-220 new)
Sec. 3-220. Certified medication aide program.
(a) Definitions. As used in this Section:
"Department" means the Department of Public Health.
"Certified medication aide" means a person who has met the
qualifications for certification under this Section who
assists with medication administration while under the
supervision of a registered professional nurse in a skilled
nursing facility.
"Qualified employer" means a facility licensed under this
Act by the Department of Public Health that meets the
qualifications set forth in subsection (c) of Section 3-220 of
this Act.
(b) The Department shall administer and enforce a
certified medication aide program, ensuring the regulation and
certification of medication aides. In order for a facility to
use certified medication aides, it must have the approval of
the Department.

SB1779 Enrolled - 2 - LRB103 28441 AMQ 54821 b
(c) To be approved as a qualified facility, a facility
must:
(1) be licensed and in compliance when applying as a
skilled nursing facility by the Department of Public
Health;
(2) not appear on the Centers for Medicare and
Medicaid Services Special Focus Facility List;
(3) 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;
(4) certify that a registered nurse will be on duty
and present in the facility to delegate and supervise the
medication administration by a certified medication aide
during the delegation times;
(5) certify that, with the exception of licensed
health care professionals, only certified medication aides
will be employed in the capacity of administering
medication; and
(6) provide information regarding patient safety,
efficiency, and errors as determined by the Department by
rule.
Failure to submit any required report shall be grounds
for discipline or sanctions under this Act, the Nurse
Practice Act, or the Nursing Home Administrators Licensing
and Disciplinary Act.

SB1779 Enrolled - 3 - LRB103 28441 AMQ 54821 b
(d) The Department shall submit a report regarding patient
safety, efficiency, and errors, as determined by rule, to the
General Assembly no later than one year after the full
implementation of the program.
(e) 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
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 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 the person's status as a student or trainee.
(f) 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.
(g) A certified medication aide may only practice in a
qualified facility.

SB1779 Enrolled - 4 - LRB103 28441 AMQ 54821 b
(h) Certified medication aides must be supervised by and
receive delegation from a registered nurse that is on duty and
present in the facility at all times when certified medication
aides are administering medication.
(i) Certified medication aides shall not perform other
duties during the duration of the medication distribution.
(j) Certified medication aides shall not administer any
medication until a physician has conducted an initial
assessment of the resident.
(k) 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
medication.
(l) 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 this Section shall pay a
civil penalty to the Department in an amount determined by the
Department by rule.
(m) The Department has the authority and power to
investigate any and all activity under this Section that is
not certified.
(n) The civil penalty described in this Section shall be
paid within 60 days after the effective date of the order
imposing the civil penalty. The order shall constitute a

SB1779 Enrolled - 5 - LRB103 28441 AMQ 54821 b
judgment and may be filed and execution had thereon in the same
manner as any judgment from any court of record.
(o) The Department shall authorize examinations of
applicants for certification under this Section at the times
and places it designates. The examination shall be of a
character to give a fair test of the qualifications of the
applicant to practice as a certified medication aide.
(p) 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. 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.
(q) 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 pay any fees as established
by the Department;
(2) be age 18 or older;
(3) have a State of Illinois High School Diploma;
(4) demonstrate the ability to speak, read, and write
the English language or language of the facility, as
determined by rule;

SB1779 Enrolled - 6 - LRB103 28441 AMQ 54821 b
(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 certification;
(7) submit to the criminal history records check
required under 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
that is approved by the Department by rule and that
includes:
(A) a minimum of 60 hours of classroom-based
certified medication aide education;
(B) a minimum of 10 hours of simulation laboratory
study; and
(C) 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

SB1779 Enrolled - 7 - LRB103 28441 AMQ 54821 b