S T A T E O F N E W Y O R K
________________________________________________________________________
6891
2017-2018 Regular Sessions
I N A S S E M B L Y
March 23, 2017
___________
Introduced by M. of A. JENNE -- read once and referred to the Committee
on Higher Education
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-v to read as follows:
§ 2803-V. 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09601-01-7
A. 6891 2
(D) REQUIRE PERIODIC DIRECT OBSERVATION OF THE DELIVERY OF SERVICES BY
MEDICATION AIDES; AND
(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.
§ 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.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.