Assembly Bill A10425

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10425

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law and the education law, in relation
  to the administration of medication in residential health care facili-
  ties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2803-t to read as follows:
  S 2803-T. NURSING HOME MEDICATION AIDES. 1. AS AUTHORIZED IN PARAGRAPH
I OF SUBDIVISION ONE OF SECTION SIXTY-NINE HUNDRED EIGHT OF  THE  EDUCA-
TION  LAW RELATING TO THE PRACTICE OF NURSING, NURSE AIDES, AS CERTIFIED
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-J  OF  THIS  ARTICLE,  AS
ADDED BY CHAPTER SEVEN HUNDRED SEVENTEEN OF THE LAWS OF NINETEEN HUNDRED
EIGHTY-NINE,  ARE  AUTHORIZED  TO  BE  CERTIFIED AS MEDICATION AIDES AND
ADMINISTER MEDICATIONS IN RESIDENTIAL HEALTH CARE FACILITIES, AS DEFINED
IN THIS ARTICLE, UNDER THE  SUPERVISION  OF  A  REGISTERED  NURSE  AFTER
COMPLETING  A  PROGRAM  OF  TRAINING AND CLINICAL PRACTICE IN DISPENSING
MEDICATIONS APPROVED BY THE COMMISSIONER.
  2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO:
  (A) DEFINE PROPER STANDARDS OF PRACTICE TO ENSURE APPROPRIATE  CERTIF-
ICATION  STANDARDS AND THAT SERVICES ARE DELIVERED IN A SCOPE AND MANNER
CONSISTENT WITH THE NEED TO ENSURE THE SAFETY AND  QUALITY  OF  SERVICES
DELIVERED BY MEDICATION AIDES;
  (B)  REQUIRE  THAT  PROSPECTIVE  MEDICATION AIDES UNDERGO A PROGRAM OF
TRAINING AND CLINICAL PRACTICE APPROVED BY THE DEPARTMENT TO ENSURE THAT
ONLY CAPABLE INDIVIDUALS WITH REQUIRED SKILLS ARE CERTIFIED AND  ALLOWED
TO ADMINISTER MEDICATIONS UNDER THE SUPERVISION OF A REGISTERED NURSE;
  (C) REQUIRE PERIODIC RE-ASSESSMENT AND TRAINING OF MEDICATION AIDES TO
ENSURE NECESSARY SKILL LEVELS FOR CERTIFICATION ARE MAINTAINED;
  (D) REQUIRE PERIODIC DIRECT OBSERVATION OF THE DELIVERY OF SERVICES BY
MEDICATION AIDES; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16025-01-2

              

A. 10425                            2

  (E) REQUIRE MAINTENANCE OF REGULAR RECORDS OF SERVICE DELIVERED BY THE
AIDE  AND REVIEWED BY A SUPERVISOR TO ENSURE THE ACCURACY AND QUALITY OF
MEDICATION ADMINISTRATION ACTIVITIES.
  S  2. Subdivision 1 of section 6908 of the education law is amended by
adding a new paragraph i to read as follows:
  I. AS INCLUDING SERVICES GIVEN BY TRAINED MEDICATION AIDES IN RESIDEN-
TIAL HEALTH CARE FACILITIES, AS DEFINED IN ARTICLE TWENTY-EIGHT  OF  THE
PUBLIC  HEALTH  LAW,  IF  ADEQUATE  MEDICAL  AND  NURSING SUPERVISION IS
PROVIDED.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.