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. 



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A BILL FOR
 


SB2009LRB103 28270 AMQ 54649 b



1 AN ACT concerning regulation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Nurse Practice Act is amended by adding 
5Article 85 as follows:

6 (225 ILCS 65/Art. 85 heading new)
7
ARTICLE 85.  MEDICATION AIDE PROGRAM


8 (225 ILCS 65/85-5 new)
9 Sec. 85-5. Definitions. For the purposes of this Article 
10only: 
11 "Department" means the Department of Financial and 
12Professional Regulation. 
13 "Direct-care assignment" means an assignment as defined 
14for staffing requirements as direct care staff under 77 CFR 
15300.1230.
16 "Medication aide" means a person who has met the 
17qualifications for licensure under this Article who assists 
18with medication administration while under the supervision of 
19a registered professional nurse in a long-term care facility.
20 "Qualified employer" means an assisted living or shared 
21housing establishment licensed by the Department of Public 
22Health and supportive living program providers certified by 
 
 
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1the Department of Healthcare and Family Services. 

2 (225 ILCS 65/85-10 new)
3 Sec. 85-10. Medication aide program.
4 (a) The Department shall administer and enforce a licensed 
5medication aide program and shall license and regulate 
6licensed medication aides. The Department may consult with the 
7Department of Healthcare and Family Services and the 
8Department of Public Health as necessary to properly 
9administer and enforce this Article.
10 (b) To be approved as a qualified employer, a facility 
11must: 
12  (1) be certified in good standing as a supportive 
13 living program provider by the Department of Healthcare 
14 and Family Services or be licensed in good standing as an 
15 assisted living establishment or shared housing 
16 establishment with the Department of Public Health; 
17  (2) certify that the employment of a licensed 
18 medication aide will not replace or diminish the 
19 employment of a registered nurse or licensed practical 
20 nurse at the facility; 
21  (3) certify that a registered nurse will be on-duty 
22 and present in the facility to delegate and supervise the 
23 medication administration by a licensed medication aide at 
24 all times;
25  (4) certify that, with the exception of licensed 
 
 
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1 health care professionals, only licensed medication aides 
2 will be employed in the capacity of administering 
3 medication; and 
4  (5) provide information regarding patient safety, 
5 efficiency, and errors as determined by the Department.
6 Failure to submit any required report may be grounds for 
7discipline or sanctions under this Act. 
8 (c) The Department shall submit a report regarding patient 
9safety, efficiency, and errors, as determined by rule, to the 
10General Assembly no later than 2 years after implementation of 
11this Article. 

12 (225 ILCS 65/85-15 new)
13 Sec. 85-15. Licensure requirement; exempt activities.
14 (a) No person shall practice as a medication aide or hold 
15oneself out as a licensed medication aide in this State unless 
16the medication aide is licensed under this Article. 
17 (b) Nothing in this Article shall be construed as 
18preventing or restricting the practice, services, or 
19activities of: 
20  (1) any person licensed in this State by any other law 
21 from engaging in the profession or occupation for which 
22 the person is licensed; 
23  (2) any person employed as a medication aide by the 
24 government of the United States if such person practices 
25 as a medication aide solely under the direction or control 
 
 
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1 of the organization by which the person is employed; or 
2  (3) any person pursuing a course of study leading to a 
3 certificate in medication aide at an accredited or 
4 approved educational program if such activities and 
5 services constitute a part of a supervised course of study 
6 and if such person is designated by a title which clearly 
7 indicates the person's status as a student or trainee. 
8 (c) Nothing in this Article shall be construed to limit 
9the delegation of tasks or duties by a physician, dentist, 
10advanced practice registered nurse, or podiatric physician as 
11authorized by law. 

12 (225 ILCS 65/85-20 new)
13 Sec. 85-20. Scope of practice.
14 (a) A licensed medication aide may only practice for a 
15qualified employer. 
16 (b) A licensed medication aide must be supervised by and 
17receive delegation by a registered nurse that is on-duty and 
18present in the facility at all times. 
19 (c) A licensed medication aide shall not have a 
20direct-care assignment when scheduled to work as a licensed 
21medication aide but may assist residents as needed. 
22 (d) A licensed medication aide shall not administer any 
23medication until a physician has conducted an initial 
24assessment of the resident. 
25 (e) A licensed medication aide shall not administer any 
 
 
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1Schedule II controlled substances as set forth in the Illinois 
2Controlled Substances Act and may not administer any 
3subcutaneous, intramuscular, intradermal, or intravenous 
4medication. 

5 (225 ILCS 65/85-25 new)
6 Sec. 85-25. Unlicensed practice; violation; civil penalty.
7 (a) In addition to any other penalty provided by law, any 
8person who practices, offers to practice, attempts to 
9practice, or holds oneself out to practice as a medication 
10aide without being licensed under this Act shall, in addition 
11to any other penalty provided by law, pay a civil penalty to 
12the Department in an amount not to exceed $10,000 for each 
13offense, as determined by the Department. The civil penalty 
14shall be assessed by the Department after a hearing is held in 
15accordance with the provisions set forth in this Act regarding 
16the provision of a hearing for the discipline of a licensee. 
17 (b) The Department has the authority and power to 
18investigate any and all unlicensed activity. 
19 (c) The civil penalty shall be paid within 60 days after 
20the effective date of the order imposing the civil penalty. 
21The order shall constitute a judgment and may be filed and 
22execution had thereon in the same manner as any judgment from 
23any court of record. 

24 (225 ILCS 65/85-30 new)
 
 
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1 Sec. 85-30. Applications for original licensure. 
2Applications for original licensure shall be made to the 
3Department in writing on forms prescribed by the Department 
4and shall be accompanied by the required fee, which shall not 
5be returnable. The application shall require such information 
6as, in the judgment of the Department, will enable the 
7Department to pass on the qualifications of the applicant for 
8licensure. Applicants have 3 years after the date of 
9application to complete the application process. If the 
10process has not been completed within 3 years, the application 
11shall be denied, the fee forfeited, and the applicant must 
12reapply and meet the requirements in effect at the time of 
13reapplication.

14 (225 ILCS 65/85-35 new)
15 Sec. 85-35. Examinations. The Department shall authorize 
16examinations of applicants for a license under this Article at 
17the times and place as it may designate. The examination shall 
18be of a character to give a fair test of the qualifications of 
19the applicant to practice as a medication aide.
20 Applicants for examination as a medication aide shall be 
21required to pay, either to the Department or the designated 
22testing service, a fee covering the cost of providing the 
23examination. Failure to appear for the examination on the 
24scheduled date, at the time and place specified, after the 
25applicant's application for examination has been received and 
 
 
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1acknowledged by the Department or the designated testing 
2service, shall result in the forfeiture of the examination 
3fee. 
4 If an applicant fails to pass an examination for licensure 
5under this Act within 3 years after filing the applicant's 
6application, the application shall be denied. The applicant 
7may thereafter make a new application accompanied by the 
8required fee; however, the applicant shall meet all 
9requirements in effect at the time of subsequent application 
10before obtaining licensure. The Department may employ 
11consultants for the purposes of preparing and conducting 
12examinations. 

13 (225 ILCS 65/85-40 new)
14 Sec. 85-40. Licensure by examination. An applicant for 
15licensure by examination to practice as a licensed medication 
16aide must: 
17  (1) submit a completed written application on forms 
18 provided by the Department and fees as established by the 
19 Department; 
20  (2) be age 18 or older; 
21  (3) have a high school diploma or a high school 
22 equivalency certificate; 
23  (4) demonstrate the ability to speak, read, and write 
24 the English language, as determined by rule;
25  (5) demonstrate competency in math, as determined by

 
 
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1 rule;
2  (6) be currently certified in good standing as a 
3 certified nursing assistant and provide proof of 2,000 
4 hours of practice as a certified nursing assistant within 
5 3 years before application for licensure;
6  (7) submit to the criminal history records background 
7 check
required under Section 50-35;
8  (8) have not engaged in conduct or behavior
determined 
9 to be grounds for discipline under this Act; 
10  (9) be currently certified to perform cardiopulmonary

11 resuscitation by the American Heart Association or 
12 American Red Cross; 
13  (10) have successfully completed a course of study 
14 approved by the Department as defined by rule. To be 
15 approved, the program must include a minimum of 60 hours 
16 of classroom-based medication aide education, a minimum of 
17 10 hours of simulation laboratory study, and a minimum of 
18 30 hours of registered nurse-supervised clinical practicum 
19 with progressive responsibility of patient medication 
20 assistance; 
21  (11) have successfully completed the medication aide 
22 certification examination or other examination authorized 
23 by the Department; and 
24  (12) submit proof of employment by a qualifying

25 facility. 

 
 
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1 (225 ILCS 65/85-45 new)
2 Sec. 85-45. Expiration of license. The expiration date for 
3each license to practice as a licensed medication aide shall 
4be set by the rule.

5 (225 ILCS 65/85-50 new)
6 Sec. 85-50. Administration and enforcement. Licenses 
7issued under this Article are subject to Article 70, including 
8grounds for disciplinary action under Section 70-5. 

9 (225 ILCS 65/85-55 new)
10 Sec. 85-55. Title. Any person who is issued a license as a 
11medication aide under the terms of this Act shall use the words 
12"licensed medication aide" in connection with the licensee's 
13name to denote the licensee's licensure under this Act.

14 (225 ILCS 65/85-60 new)
15 Sec. 85-60. Rules. The Department shall file rules to 
16administer this Article within 90 days of the effective date 
17of this amendatory Act of the 103rd General Assembly.


18 Section 99. Effective date. This Act takes effect upon 
19becoming law.