Bill Text: IL SB2009 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Medication Aide Program Article in the Nurse Practice Act. Provides that the Department of Financial and Professional Regulation shall administer and enforce a licensed medication aide program and shall license and regulate licensed medication aides. Provides standards for an applicant to qualify as a qualified employer. Includes provisions concerning: licensure requirements; exempt activities; scope of practice; unlicensed practice; violations and civil penalties; applications for original licensure; examinations; licensure by examination; expiration of a license; and titles. Provides that licenses issued under the Article are subject to the Administration and Enforcement Article of the Act, including provisions concerning grounds for disciplinary action. Provides that the Department shall file rules to administer the Medication Aide Program Article within 90 days of the effective date of the amendatory Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB2009 Detail]

Download: Illinois-2023-SB2009-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2009 Introduced 2/9/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
225 ILCS 65/Art. 85 heading new
225 ILCS 65/85-5 new
225 ILCS 65/85-10 new
225 ILCS 65/85-15 new
225 ILCS 65/85-20 new
225 ILCS 65/85-25 new
225 ILCS 65/85-30 new
225 ILCS 65/85-35 new
225 ILCS 65/85-40 new
225 ILCS 65/85-45 new
225 ILCS 65/85-50 new
225 ILCS 65/85-55 new
225 ILCS 65/85-60 new
Creates the Medication Aide Program Article in the Nurse Practice Act. Provides that the Department of Financial and Professional Regulation shall administer and enforce a licensed medication aide program and shall license and regulate licensed medication aides. Provides standards for an applicant to qualify as a qualified employer. Includes provisions concerning: licensure requirements; exempt activities; scope of practice; unlicensed practice; violations and civil penalties; applications for original licensure; examinations; licensure by examination; expiration of a license; and titles. Provides that licenses issued under the Article are subject to the Administration and Enforcement Article of the Act, including provisions concerning grounds for disciplinary action. Provides that the Department shall file rules to administer the Medication Aide Program Article within 90 days of the effective date of the amendatory Act. Effective immediately.
LRB103 28270 AMQ 54649 b
A BILL FOR
SB2009 LRB103 28270 AMQ 54649 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nurse Practice Act is amended by adding
Article 85 as follows:
(225 ILCS 65/Art. 85 heading new)
ARTICLE 85. MEDICATION AIDE PROGRAM
(225 ILCS 65/85-5 new)
Sec. 85-5. Definitions. For the purposes of this Article
only:
"Department" means the Department of Financial and
Professional Regulation.
"Direct-care assignment" means an assignment as defined
for staffing requirements as direct care staff under 77 CFR
300.1230.
"Medication aide" means a person who has met the
qualifications for licensure under this Article who assists
with medication administration while under the supervision of
a registered professional nurse in a long-term care facility.
"Qualified employer" means an assisted living or shared
housing establishment licensed by the Department of Public
Health and supportive living program providers certified by

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the Department of Healthcare and Family Services.
(225 ILCS 65/85-10 new)
Sec. 85-10. Medication aide program.
(a) The Department shall administer and enforce a licensed
medication aide program and shall license and regulate
licensed medication aides. The Department may consult with the
Department of Healthcare and Family Services and the
Department of Public Health as necessary to properly
administer and enforce this Article.
(b) To be approved as a qualified employer, a facility
must:
(1) be certified in good standing as a supportive
living program provider by the Department of Healthcare
and Family Services or be licensed in good standing as an
assisted living establishment or shared housing
establishment with the Department of Public Health;
(2) certify that the employment of a licensed
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
medication administration by a licensed medication aide at
all times;
(4) certify that, with the exception of licensed

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health care professionals, only licensed medication aides
will be employed in the capacity of administering
medication; and
(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 under this Act.
(c) 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 implementation of
this Article.
(225 ILCS 65/85-15 new)
Sec. 85-15. Licensure requirement; exempt activities.
(a) No person shall practice as a medication aide or hold
oneself out as a licensed medication aide in this State unless
the medication aide is licensed under this Article.
(b) Nothing in this Article 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 such person practices
as a medication aide solely under the direction or control

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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.
(c) Nothing in this Article 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.
(225 ILCS 65/85-20 new)
Sec. 85-20. Scope of practice.
(a) A licensed medication aide may only practice for a
qualified employer.
(b) A licensed medication aide must be supervised by and
receive delegation by a registered nurse that is on-duty and
present in the facility at all times.
(c) A licensed medication aide shall not have a
direct-care assignment when scheduled to work as a licensed
medication aide but may assist residents as needed.
(d) A licensed medication aide shall not administer any
medication until a physician has conducted an initial
assessment of the resident.
(e) A licensed medication aide shall not administer any

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Schedule II controlled substances as set forth in the Illinois
Controlled Substances Act and may not administer any
subcutaneous, intramuscular, intradermal, or intravenous
medication.
(225 ILCS 65/85-25 new)
Sec. 85-25. Unlicensed practice; violation; civil penalty.
(a) 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 licensed under this Act shall, in addition
to any other penalty provided by law, pay a civil penalty to
the Department in an amount not to exceed $10,000 for each
offense, as determined by the Department. The civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective 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.
(225 ILCS 65/85-30 new)

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Sec. 85-30. Applications for original licensure.
Applications for original licensure 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
as, in the judgment of the Department, will enable the
Department to pass on the qualifications of the applicant for
licensure. Applicants have 3 years after the date of
application to complete the application process. If the
process has not been completed within 3 years, the application
shall be denied, the fee forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(225 ILCS 65/85-35 new)
Sec. 85-35. Examinations. The Department shall authorize
examinations of applicants for a license under this Article at
the times and place 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, 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

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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 licensure
under this Act within 3 years after filing the applicant's
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 licensure. The Department may employ
consultants for the purposes of preparing and conducting
examinations.
(225 ILCS 65/85-40 new)
Sec. 85-40. Licensure by examination. An applicant for
licensure by examination to practice as a licensed 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;
(5) demonstrate competency in math, as determined by

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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 licensure;
(7) submit to the criminal history records background
check required under Section 50-35;
(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
(12) submit proof of employment by a qualifying
facility.

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(225 ILCS 65/85-45 new)
Sec. 85-45. Expiration of license. The expiration date for
each license to practice as a licensed medication aide shall
be set by the rule.
(225 ILCS 65/85-50 new)
Sec. 85-50. Administration and enforcement. Licenses
issued under this Article are subject to Article 70, including
grounds for disciplinary action under Section 70-5.
(225 ILCS 65/85-55 new)
Sec. 85-55. Title. Any person who is issued a license as a
medication aide under the terms of this Act shall use the words
"licensed medication aide" in connection with the licensee's
name to denote the licensee's licensure under this Act.
(225 ILCS 65/85-60 new)
Sec. 85-60. Rules. The Department shall file rules to
administer this Article within 90 days of the effective date
of this amendatory Act of the 103rd General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.