Bill Text: IL SB3525 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to administer and enforce a Certified Medication Aide Program and regulate certified medication aides. Provides that to be approved as a facility qualified to participate in the program, a facility must: (i) be certified and in good standing as a supportive living facility by the Department; (ii) 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; (iii) certify that a registered nurse will be on-duty and present in the facility to delegate and supervise the administration of medication by a certified medication aide at all times; (iv) certify that, with the exception of licensed health care professionals, only certified medication aides will be employed in the capacity of administering medication; and (v) provide information regarding patient safety, efficiency, and errors as determined by the Department. Requires the Department to submit a report on patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 2 years after the effective date of the amendatory Act. Contains provisions concerning the scope of practice of certified medication aides; penalties for persons who practice as a medication aide without being certified; applications for original certification; examinations of applicants; application requirements; expiration of certification; and Department rules. Amends the Nurse Practice Act. Repeals provisions creating a Medication Aide Pilot Program. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 3-9(a) / Re-referred to Assignments [SB3525 Detail]

Download: Illinois-2023-SB3525-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3525 Introduced 2/9/2024, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-5.01c new
225 ILCS 65/Art. 80 rep.
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to administer and enforce a Certified Medication Aide Program and regulate certified medication aides. Provides that to be approved as a facility qualified to participate in the program, a facility must: (i) be certified and in good standing as a supportive living facility by the Department; (ii) 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; (iii) certify that a registered nurse will be on-duty and present in the facility to delegate and supervise the administration of medication by a certified medication aide at all times; (iv) certify that, with the exception of licensed health care professionals, only certified medication aides will be employed in the capacity of administering medication; and (v) provide information regarding patient safety, efficiency, and errors as determined by the Department. Requires the Department to submit a report on patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 2 years after the effective date of the amendatory Act. Contains provisions concerning the scope of practice of certified medication aides; penalties for persons who practice as a medication aide without being certified; applications for original certification; examinations of applicants; application requirements; expiration of certification; and Department rules. Amends the Nurse Practice Act. Repeals provisions creating a Medication Aide Pilot Program. Effective immediately.
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A BILL FOR
SB3525 LRB103 37618 KTG 67744 b
AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
adding Section 5-5.01c as follows:
(305 ILCS 5/5-5.01c new)
Sec. 5-5.01c. Certified Medication Aide.
(a) Definitions. As used in this Section:
"Direct-care assignment" means an assignment for staffing
requirements for direct care staff as that term is defined
under 77 Ill. Adm. Code 300.1230.
"Certified medication aide" means a person who has met the
qualifications for certification under this Section and
assists with medication administration while under the
supervision of a registered professional nurse in a long-term
care facility.
"Program" means the Certified Medication Aide Program.
"Qualified facility" means a supportive living facility
licensed by the Department of Public Health including any
facility certified to participate in the supportive living
program under Section 5-5.01a.
"Department" means the Department of Healthcare and Family
Services.

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(b) Medication Aide Program. The Department shall
administer and enforce a Certified Medication Aide Program and
regulate certified medication aides. To be approved as a
facility qualified to participate in the program, a facility
must satisfy all of the following requirements:
(1) Be certified and in good standing as a supportive
living facility by the Department.
(2) 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.
(3) Certify that a registered nurse will be on-duty
and present in the facility to delegate and supervise the
administration of medication by a certified medication
aide at all times.
(4) Certify that, with the exception of licensed
health care professionals, only certified medication aides
will be employed in the capacity of administering
medication.
(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 as prescribed by the Department.
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 the effective

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date of this amendatory Act of the 103rd General Assembly.
(c) Certification requirement; exempt activities. No
person shall practice as a medication aide or hold himself or
herself out as a certified medication aide in this State
unless he or she is certified in accordance with this Section.
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 he
or she 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
of the organization by which he or she 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 his or her status as a student or trainee.
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.
(d) Scope of practice. A certified medication aide may
only practice in a qualified facility. Certified medication

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aides must be supervised by and receive delegation by a
registered nurse that is on-duty and present in the facility
at all times. Certified medication aides shall not have a
direct-care assignment when scheduled to work as a certified
medication aide, but may assist residents as needed. Certified
medication aides shall not administer any medication until a
physician has conducted an initial assessment of the resident.
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.
(e) Uncertified practice; violation; civil penalty. 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 in accordance with this Section 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 Department has
the authority and power to investigate any and all uncertified
activity. The civil penalty shall be paid within 60 days after
the 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.

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(f) Applications for original certification. Applications
for original certification 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
that, in the judgment of the Department, enables the
Department to pass on the qualifications of the applicant for
certification.
(g) Examinations. The Department shall authorize
examinations of applicants for a certificate under this
Section at the times and places 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
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
certification in accordance with this Section within 3 years
after filing his or her application, the application shall be

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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 certification. The Department may
employ consultants for the purposes of preparing and
conducting examinations.
(h) Application requirements. 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 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
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 a certificate under this
Section;
(7) submit to the criminal history records check
required under Section 46 of the Health Care Worker

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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
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.
(i) Expiration of certification. The expiration date for
each certification to practice as a certified medication aide
shall be set by the rule. Enforcement and violations shall be
subject to those within this Act.
(j) Title. No person shall use the title "certified
medication aide" unless he or she holds a valid certificate
issued by the Department in accordance with this Section.

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(k) Rules. The Department shall adopt rules to implement
the provisions of this Section within 90 days after the
effective date of this amendatory Act of the 103rd General
Assembly.
(225 ILCS 65/Art. 80 rep.)
Section 10. The Nurse Practice Act is amended by repealing
Article 80.