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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 - 2007IN 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 thisactchapter, 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 thisactchapter 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 thisactchapter 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 thisactchapter; 40 (78) To employ personnel necessary to administer thisactchapter and 41 rules promulgated pursuant to thisactchapter 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 thisactchapter. 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