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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.
Speaker
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
]]]] 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
2 RELATING TO THE BOARD OF NURSING; AMENDING SECTION 54-1404, IDAHO CODE, TO
3 PROVIDE FOR BOARD OF NURSING REGULATION OF CERTIFIED MEDICATION ASSISTANTS
4 AND TO PROVIDE CORRECT TERMINOLOGY; AND AMENDING CHAPTER 14, TITLE 54,
5 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-1406A, IDAHO CODE, TO PRO-
6 VIDE FOR THE CERTIFICATION AND REGULATION OF CERTIFIED MEDICATION ASSIS-
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
2
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-
3
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
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
legislation.
Contact
Name: Rep. Henbest
Phone: 208 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 157