Senate Bill S7512

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

                                  7512

                            I N  S E N A T E

                              May 30, 2012
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee 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

              

S. 7512                             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.