Bill Text: IL SB2958 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-0990 [SB2958 Detail]
Download: Illinois-2013-SB2958-Engrossed.html
Bill Title: Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-0990 [SB2958 Detail]
Download: Illinois-2013-SB2958-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. Legislative findings. The General Assembly | ||||||
5 | finds that: | ||||||
6 | (1) Many states have had successful medication | ||||||
7 | aide-certified (MA-C) programs for many years. | ||||||
8 | (2) A medication aide-certified assists with | ||||||
9 | medication administration while under the supervision of a | ||||||
10 | registered professional nurse (RN) in a long-term care | ||||||
11 | facility.
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12 | Section 5. The Nursing Home Care Act is amended by adding | ||||||
13 | Section 3-806 as follows:
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14 | (210 ILCS 45/3-806 new) | ||||||
15 | Sec. 3-806. Medication aide-certified pilot program. | ||||||
16 | (a) The Department of Financial and Professional | ||||||
17 | Regulation, in consultation with the Department of Public | ||||||
18 | Health, shall establish a 2-year pilot program under which the | ||||||
19 | Department of Financial and Professional Regulation shall | ||||||
20 | certify persons as medication aides-certified and those | ||||||
21 | persons may assist with medication administration under the | ||||||
22 | supervision of a registered professional nurse (RN) in a |
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1 | participating skilled nursing facility. No more than 10 skilled | ||||||
2 | nursing facilities shall participate in the pilot program. | ||||||
3 | (b) The Department of Financial and Professional | ||||||
4 | Regulation shall appoint a task force composed of 2 | ||||||
5 | representatives from one statewide organization that | ||||||
6 | represents nurses, 6 representatives each from 3 statewide | ||||||
7 | organizations that represent facilities, 2 representatives | ||||||
8 | from the Department of Financial and Professional Regulation, | ||||||
9 | and 2 representatives from the Department of Public Health. The | ||||||
10 | task force shall select participating skilled nursing | ||||||
11 | facilities based on the criteria specified in subsection (c) of | ||||||
12 | this Section. | ||||||
13 | (c) To participate in the pilot program, a skilled nursing | ||||||
14 | facility must meet the following criteria: | ||||||
15 | (1) the facility must have an overall Medicare 4 or 5 | ||||||
16 | Star Quality Rating from the most recent data available on | ||||||
17 | the Centers for Medicare and Medicaid Services' website; | ||||||
18 | (2) the employment of a medication aide-certified must | ||||||
19 | not replace or diminish the employment of a RN or licensed | ||||||
20 | practical nurse at that skilled nursing facility; | ||||||
21 | (3) there must be a RN on-duty and present in the | ||||||
22 | skilled nursing facility to delegate and supervise the | ||||||
23 | medication administration by a medication aide-certified | ||||||
24 | at all times that a medication aide-certified is on-duty | ||||||
25 | and present in the facility; | ||||||
26 | (4) only medication aides-certified may be employed in |
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1 | the capacity to administer medication; and | ||||||
2 | (5) a medication aide-certified shall not have a | ||||||
3 | direct-care assignment when scheduled in the capacity of a | ||||||
4 | medication aide-certified, but may assist residents as | ||||||
5 | needed. | ||||||
6 | (d) The Department of Financial and Professional | ||||||
7 | Regulation shall certify an applicant as a medication | ||||||
8 | aide-certified if the applicant successfully meets the | ||||||
9 | following criteria: | ||||||
10 | (1) he or she is age 18 or older; | ||||||
11 | (2) he or she has a high school diploma or a | ||||||
12 | certificate of general education development (GED); | ||||||
13 | (3) he or she is able to speak, read, and write the | ||||||
14 | English language; | ||||||
15 | (4) he or she is competent in math skills; | ||||||
16 | (5) he or she maintains certification as a certified | ||||||
17 | nursing assistant and has practiced as a certified nursing | ||||||
18 | assistant for 2 years continually or at least 2,000 hours; | ||||||
19 | (6) he or she submits to a background check as provided | ||||||
20 | by the Health Care Worker Background Check Act; | ||||||
21 | (7) he or she is currently certified to perform | ||||||
22 | cardiopulmonary resuscitation; | ||||||
23 | (8) he or she has successfully completed a course that | ||||||
24 | is approved by the Department of Financial and Professional | ||||||
25 | Regulation that includes 60 hours of classroom-based | ||||||
26 | medication aide-certified education, 20 hours of |
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1 | simulation laboratory study, and 20 hours of RN-supervised | ||||||
2 | clinical practicum with progressive responsibility of | ||||||
3 | patient medication assistance; | ||||||
4 | (9) he or she has passed the Medication Aide | ||||||
5 | Certification Examination as provided by the National | ||||||
6 | Council of State Boards of Nursing; and | ||||||
7 | (10) he or she maintains certification as a medication | ||||||
8 | aide-certified as provided by the National Council of State | ||||||
9 | Boards of Nursing. | ||||||
10 | (e) A medication aide-certified who is participating in the | ||||||
11 | pilot program shall not: | ||||||
12 | (1) administer any medication until a physician | ||||||
13 | licensed to practice medicine in all of its branches has | ||||||
14 | conducted an initial assessment of the resident; or | ||||||
15 | (2) administer any Schedule II controlled substance as | ||||||
16 | enumerated in Section 206 of the Illinois Controlled | ||||||
17 | Substances Act or any subcutaneous, intramuscular, | ||||||
18 | intradermal, or intravenous medication. | ||||||
19 | (f) Nothing in this Section prohibits the administration of | ||||||
20 | medication by a person authorized by law to do so. | ||||||
21 | (g) For the purpose of computing staff-to-resident ratios | ||||||
22 | as required by 77 Ill. Adm. Code 300.1230, medication | ||||||
23 | aides-certified shall be included as direct-care staff, as long | ||||||
24 | as the medication aide-certified is assigned to duties | ||||||
25 | consistent with the identified job title and the assignment is | ||||||
26 | documented in the employee time schedules as required by 77 |
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1 | Ill. Adm. Code 300.650 (i). | ||||||
2 | (h) The Department of Financial and Professional | ||||||
3 | Regulation, in consultation with the Department of Public | ||||||
4 | Health, shall adopt rules to implement the pilot program. | ||||||
5 | (i) The Center for Nursing of the Department of Financial | ||||||
6 | and Professional Regulation shall collect data regarding | ||||||
7 | patient safety, efficiency, and errors from each skilled | ||||||
8 | nursing facility participating in the pilot program and shall | ||||||
9 | submit a report to the General Assembly by December 31, 2017.
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10 | Section 10. The Nurse Practice Act is amended by changing | ||||||
11 | Section 50-15 as follows:
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12 | (225 ILCS 65/50-15)
(was 225 ILCS 65/5-15)
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13 | (Section scheduled to be repealed on January 1, 2018)
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14 | Sec. 50-15. Policy; application of Act. | ||||||
15 | (a) For the protection of life and the
promotion of health, | ||||||
16 | and the prevention of illness and communicable diseases,
any | ||||||
17 | person practicing or offering to practice advanced,
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18 | professional, or practical
nursing in Illinois shall submit | ||||||
19 | evidence that he or she is qualified to
practice, and shall be | ||||||
20 | licensed as provided under this Act. No person shall
practice | ||||||
21 | or offer to practice advanced, professional, or practical | ||||||
22 | nursing in Illinois or
use any title, sign, card or device to | ||||||
23 | indicate that such a person is
practicing professional or | ||||||
24 | practical nursing unless such person has been
licensed under |
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1 | the provisions of this Act.
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2 | (b) This Act does not prohibit the following:
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3 | (1) The practice of nursing in Federal employment in | ||||||
4 | the discharge of the
employee's duties by a person who is | ||||||
5 | employed by the United States
government or any bureau, | ||||||
6 | division or agency thereof and is a legally
qualified and | ||||||
7 | licensed nurse of another state or territory and not in
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8 | conflict with Sections 50-50, 55-10, 60-10, and 70-5 of | ||||||
9 | this
Act.
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10 | (2) Nursing that is included in the program of study by
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11 | students
enrolled in programs of nursing or in current | ||||||
12 | nurse practice update courses
approved by the Department.
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13 | (3) The furnishing of nursing assistance in an | ||||||
14 | emergency.
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15 | (4) The practice of nursing by a nurse who holds an | ||||||
16 | active license in
another state when providing services to | ||||||
17 | patients in Illinois during a bonafide
emergency or in | ||||||
18 | immediate preparation for or during interstate
transit.
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19 | (5) The incidental care of the sick by members of the | ||||||
20 | family, domestic
servants or housekeepers, or care of the | ||||||
21 | sick where treatment is by prayer
or spiritual means.
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22 | (6) Persons from being employed as unlicensed | ||||||
23 | assistive personnel in private homes, long term care | ||||||
24 | facilities,
nurseries, hospitals or other institutions.
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25 | (7) The practice of practical nursing by one who is a | ||||||
26 | licensed practical
nurse under the laws of another U.S. |
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1 | jurisdiction and has applied in writing
to the Department, | ||||||
2 | in form and substance satisfactory to the Department,
for a | ||||||
3 | license as a licensed practical nurse and who is qualified | ||||||
4 | to receive
such license under this Act, until (i) the | ||||||
5 | expiration of 6 months after
the filing of such written | ||||||
6 | application, (ii) the withdrawal of such application,
or | ||||||
7 | (iii) the denial of such application by the Department.
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8 | (8) The practice of advanced practice nursing by one | ||||||
9 | who is an advanced practice nurse under the laws of another | ||||||
10 | state, territory of the United States, or country and has | ||||||
11 | applied in writing to the Department, in form and substance | ||||||
12 | satisfactory to the Department, for a license as an | ||||||
13 | advanced practice nurse and who is qualified to receive | ||||||
14 | such license under this Act, until (i) the expiration of 6 | ||||||
15 | months after the filing of such written application, (ii) | ||||||
16 | the withdrawal of such application, or (iii) the denial of | ||||||
17 | such application by the Department.
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18 | (9) The practice of professional nursing by one who is | ||||||
19 | a registered
professional nurse under the laws of another | ||||||
20 | state, territory of the United
States or country and has | ||||||
21 | applied in writing to the Department, in form and
substance | ||||||
22 | satisfactory to the Department, for a license as a | ||||||
23 | registered
professional nurse and who is qualified to | ||||||
24 | receive such license under
Section 55-10, until (1) the | ||||||
25 | expiration of 6 months after the filing of
such written | ||||||
26 | application, (2) the withdrawal of such application, or (3)
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1 | the denial of such application by the Department.
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2 | (10) The practice of professional nursing that is | ||||||
3 | included in a program of
study by one who is a registered | ||||||
4 | professional nurse under the laws of
another state or | ||||||
5 | territory of the United States or foreign country,
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6 | territory or province and who is enrolled in a graduate | ||||||
7 | nursing education
program or a program for the completion | ||||||
8 | of a baccalaureate nursing degree in
this State, which | ||||||
9 | includes clinical supervision by faculty as
determined by | ||||||
10 | the educational institution offering the program and the
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11 | health care organization where the practice of nursing | ||||||
12 | occurs.
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13 | (11) Any person licensed in this State under any other | ||||||
14 | Act from engaging
in the practice for which she or he is | ||||||
15 | licensed.
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16 | (12) Delegation to authorized direct care staff | ||||||
17 | trained under Section 15.4
of the Mental Health and
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18 | Developmental Disabilities Administrative Act consistent | ||||||
19 | with the policies of the Department.
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20 | (13) The practice, services, or activities of persons | ||||||
21 | practicing the specified occupations set forth in | ||||||
22 | subsection (a) of, and pursuant to a licensing exemption | ||||||
23 | granted in subsection (b) or (d) of, Section 2105-350 of | ||||||
24 | the Department of Professional Regulation Law of the Civil | ||||||
25 | Administrative Code of Illinois, but only for so long as | ||||||
26 | the 2016 Olympic and Paralympic Games Professional |
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1 | Licensure Exemption Law is operable. | ||||||
2 | (14) County correctional personnel from delivering | ||||||
3 | prepackaged medication for self-administration to an | ||||||
4 | individual detainee in a correctional facility. | ||||||
5 | (15) The delegation and supervision of medication | ||||||
6 | aides-certified participating in the pilot program | ||||||
7 | provided by Section 3-806 of the Nursing Home Care Act. | ||||||
8 | Nothing in this Act shall be construed to limit the | ||||||
9 | delegation of tasks or duties by a physician, dentist, or | ||||||
10 | podiatric physician to a licensed practical nurse, a registered | ||||||
11 | professional nurse, or other persons.
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12 | (Source: P.A. 98-214, eff. 8-9-13.)
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