2007 Legislation
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HOUSE BILL NO. 157 – Medication asst, certification


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Bill Status

H0157.................................................by HEALTH AND WELFARE
MEDICATION ASSISTANTS - Amends and adds to existing law relating to the
Board of Nursing to provide for board regulation of Certified Medication
Assistants; and to provide for the certification and regulation of
Certified Medication Assistants.
02/09    House intro - 1st rdg - to printing
02/12    Rpt prt - to Health/Wel
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      NAYS -- None
      Absent and excused -- Bilbao, Schaefer
    Floor Sponsor - Henbest
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Health/Wel
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Lodge
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed - Pres signed
03/16    To Governor
03/21    Governor signed
         Session Law Chapter 139
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 157
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  7        TANTS.
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION  1.  That  Section 54-1404, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
 11        54-1404.  BOARD OF NURSING -- POWERS AND DUTIES. The board shall have  all
 12    powers  and  duties  necessary  and  incident  to regulation of nursing and to
 13    enforcement of this act chapter, including but not limited to, the  power  and
 14    duty:
 15        (1)  To  regulate  individuals  designated  as certified medication assis-
 16    tants.
 17        (2)  To license qualified persons for practice of  nursing  in  Idaho;  to
 18    renew  licenses;  to limit, restrict, amend, deny, suspend or revoke licenses;
 19    and to accept the voluntary surrender of a license;
 20        (23)  To establish standards, criteria, conditions  and  requirements  for
 21    licensure  and to investigate and determine eligibility and qualifications for
 22    licensure, and to administer examinations for licensure;
 23        (34)  To establish standards of conduct and practice and to  regulate  the
 24    use of titles, abbreviations and designations for the practice of nursing;
 25        (45)  To establish standards, criteria, and requirements for curricula for
 26    nursing education programs and to evaluate, survey, review and approve nursing
 27    education programs subject to the provisions of section 54-1406, Idaho Code;
 28        (56)  To  evaluate  continuing  competency of persons licensed pursuant to
 29    this act chapter and to develop standards which will advance the competency of
 30    licensees in accordance with developing scientific understanding  and  methods
 31    relating to the practice of nursing;
 32        (67)  To receive and collect license and renewal fees assessed pursuant to
 33    this act chapter and to assess, receive and collect additional reasonable fees
 34    for  the  administration  of  examinations,  investigations and evaluations of
 35    applicants, issuance of temporary licenses, duplication  and  verification  of
 36    records,  surveying and evaluating nursing education programs, and administra-
 37    tive fines not to exceed one hundred dollars ($100) for each count or separate
 38    offense of practicing nursing without current licensure, to  be  deposited  in
 39    the state board of nursing account in the manner provided by this act chapter;
 40        (78)  To  employ  personnel  necessary  to administer this act chapter and
 41    rules promulgated pursuant to this act chapter and perform such  other  duties
 42    as  the board may require. Such personnel shall include an executive director,
 43    who shall be currently licensed to practice professional nursing in Idaho  and
  1    who shall not be a member of the board;
  2        (89)  To  maintain  a  record of board proceedings, annually report to the
  3    governor and maintain a public register of names  and  addresses  of  licensed
  4    nurses;
  5        (910) To enter into interstate compacts, contracts or agreements to facil-
  6    itate the practice and regulation of nursing in this state;
  7        (101) To  make, adopt and publish rules pursuant to chapter  52, title 67,
  8    Idaho Code, as may be necessary or appropriate to carry out the provisions and
  9    purposes of this act chapter.
 10        SECTION 2.  That Chapter 14, Title 54, Idaho Code, be,  and  the  same  is
 11    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 12    ignated as Section 54-1406A, Idaho Code, and to read as follows:
 13        54-1406A.  CERTIFIED MEDICATION ASSISTANT (MA-C). (1)  Effective  July  1,
 14    2008,  an  individual registered as a nursing assistant, without substantiated
 15    charges, on the nursing assistant registry currently maintained by  the  Idaho
 16    department  of health and welfare, may, with additional education and training
 17    as set forth in rule as established by the board, become a  certified  medica-
 18    tion  assistant (MA-C) permitted to administer medications as prescribed by an
 19    authorized provider within the parameters set forth in rule. A licensed  nurse
 20    shall supervise the certified medication assistant.
 21        (2)  The  board shall adopt rules regarding the certification of certified
 22    medication assistants, including rules applicable to education,  training  and
 23    other  qualifications  for  certification  that will ensure that the certified
 24    medication assistant is competent to perform safely within the range of autho-
 25    rized functions.
 26        (3)  The board shall maintain a public registry of the names and addresses
 27    of all certified medication assistants.
 28        (4)  The board is authorized to impose and collect initial application and
 29    two (2) year renewal fees, as well as reinstatement fees, not  to  exceed  one
 30    hundred  dollars  ($100), as determined by board rule. Fees collected pursuant
 31    to this section shall be deposited in the state board of nursing  account  for
 32    the  administration  of examinations, evaluations and investigations of appli-
 33    cants, issuance of certifications, evaluation of education and  training  pro-
 34    grams,  duplication  and  verification  of  records,  and other administrative
 35    expenses.
 36        (5)  The board shall adopt by rule an application process and  shall  con-
 37    duct  state  and  federal criminal background checks on all applicants seeking
 38    certification pursuant to this section. Upon meeting all requirements and upon
 39    the successful completion of additional  education,  training  and  competency
 40    assessment  prescribed by rule, an applicant shall be certified as a certified
 41    medication assistant (MA-C).
 42        (6)  A person may not use the title "certified  medication  assistant"  or
 43    the abbreviation "MA-C" unless such person has been duly certified pursuant to
 44    this section.
 45        (7)  The  board  shall adopt rules governing the approval of education and
 46    training programs for certified medication assistants.
 47        (8)  The board shall set forth in rule criteria for  acceptable  certified
 48    medication assistant competency evaluations.
 49        (9)  (a) For any one (1) or a combination of grounds for discipline as set
 50        forth  in  paragraph  (b)  of  this  subsection,  the board shall have the
 51        authority to:
 52             (i)   File a letter of concern if the board believes there is  insuf-
 53             ficient evidence to support direct action against a certified medica-
  1             tion assistant;
  2             (ii)  Deny  certification  or recertification, suspend, revoke, place
  3             on probation, reprimand, limit, restrict,  condition  or  accept  the
  4             voluntary  surrender of a certificate issued pursuant to this section
  5             if a certified medication assistant commits an act  that  constitutes
  6             grounds for discipline;
  7             (iii) Refer  criminal  violations  of this section to the appropriate
  8             law enforcement agency;
  9             (iv)  Impose a civil penalty of not more  than  one  hundred  dollars
 10             ($100) per violation; and
 11             (v)   Recover  costs  of  investigation and disciplinary proceedings,
 12             including attorney's fees.
 13        (b)  Grounds for discipline shall include:
 14             (i)    Substance abuse or dependency;
 15             (ii)   Client abandonment, neglect or abuse;
 16             (iii)  Fraud or deceit, which may include, but is not limited to:
 17                  (A)  Filing false credentials;
 18                  (B)  Falsely representing facts on an  application  for  initial
 19                  certification, renewal or reinstatement; and
 20                  (C)  Giving  or  receiving  assistance  in taking the competency
 21                  evaluation;
 22             (iv)   Boundary violations;
 23             (v)    Performance of unsafe client care;
 24             (vi)   Performing acts beyond the range of  authorized  functions  or
 25             beyond those tasks delegated under the provisions of this section;
 26             (vii)  Misappropriation or misuse of property;
 27             (viii) Obtaining  money  or  property  of a client, resident or other
 28             person by theft, fraud, misrepresentation or duress committed  during
 29             the course of employment as a certified medication assistant;
 30             (ix)   Criminal  conviction of a misdemeanor that directly relates to
 31             or affects the functions of a certified medication assistant or  con-
 32             viction of any felony as set forth in rule;
 33             (x)    Failure  to conform to the standards of a certified medication
 34             assistant;
 35             (xi)   Putting clients at risk of harm; and
 36             (xii)  Violating the privacy or failing to maintain the confidential-
 37             ity of client or resident information.
 38        (10) The board shall comply with the provisions of the  Idaho  administra-
 39    tive procedure act, chapter 52, title 67, Idaho Code, in taking any disciplin-
 40    ary action against a certified medication assistant and shall maintain records
 41    of  any  such disciplinary action, which records shall be available for public
 42    inspection to the same extent as records  regarding  disciplinary  proceedings
 43    against  nurses  and  as  otherwise  consistent with chapter 3, title 9, Idaho
 44    Code.
 45        (11) The board shall notify the Idaho nursing assistant  registry  of  any
 46    disciplinary action taken against a certified medication assistant pursuant to
 47    this section.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16776

Administering medications frequently constitutes a substantial
portion of the workday of a licensed nurse. This is particularly
so for a nurse employed by a nursing home or long-term care
facility. Often the patient is taking multiple non-narcotic
medications. Studies have shown that in such circumstances
permitting a properly trained medication assistant, working under
the supervision of a licensed nurse, the ability to administer
the medications not only increases the effectiveness and
efficiency of the nurse but may also reduce the medication error
rate. This proposed legislation seeks to take advantage of these
benefits by creating the position of medication
assistant-certified and establishing the criteria for the
education, training, certification and discipline of these
individuals, as more fully addressed by subsequent agency rule.

                           FISCAL NOTE

Application fees will be charged to cover expenses, but there
should be no net negative fiscal impact from the passage of this

Name: Rep. Henbest 
Phone: 208 332-1130

STATEMENT OF PURPOSE/FISCAL NOTE                         H 157