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A00909 Summary:

BILL NOA00909
 
SAME ASSAME AS S00042
 
SPONSORGray
 
COSPNSRBlankenbush, Bendett, DeStefano
 
MLTSPNSR
 
Amd §§6908, 6909 & 6906, Ed L; amd §§206, 2801 & 2803-j, Pub Health L
 
Authorizes nursing home medication aides to administer medication in residential health care facilities in St. Lawrence county.
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A00909 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A909
 
SPONSOR: Gray
  TITLE OF BILL: An act to amend the education law and the public health law, in relation to authorizing certain nursing home medication aides to perform certain advanced tasks; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: This bill would allow nursing home-medication aides in St. Lawrence County to administer medications in residential health care facilities with training specified under the act and while under the supervision of a registered nurse.   SUMMARY OF PROVISIONS: Section 1 adds new subdivision 3 to section 6908 of the education law, to permit administration of certain medication by nursing home medica- tion aide in the county of Saint Lawrence certified under the public health law, pursuant to the minimum regulations directed under this new subdivision. Among the minimum regulations, administration of medica- tions by nursing home medication aides will be under the direct super- vision of a registered professional nurse licensed in the state of New York. Section 2 adds new subdivision 9 to section 6909 of the education law, permitting registered professional nurses to assign nursing home medica- tion aides to perform medication administration under the registered professional nurse's supervision pursuant to new subdivision 3 of section 6908, subject to the requirements of this new subdivision 9. Section 3 adds new subdivision 10 to section 6906 of the education law, relating to information the commissioner of education must gather and Report. Section 4 adds new subdivision 31 to section 206 of the public health law, requiring that the commissioner of health notify the commissioner of education of any improper behavior of registered professional nurses while supervising a nursing home medication aide pursuant to new subdi- vision 3 of section 6908 of the education law. Section 5 adds new subdivision 12 to section 2801 of the public health law, defining nursing home medication aides, and requiring the commis- sioner of health to promulgate regulations for such aides. Section 6 adds new subdivision 5 to section 2803-j of the public health law, requiring the department of health to indicate within the nursing home nurse aide registry when a nursing home nurse aide has satisfied all requirements necessary to perform medication administration pursuant to new subdivision 3 of section 6908 of the education law and regu- lations issued thereto. Section 7 directs the commissioner of health, in consultation with the commissioner of education, to issue a report on the implementation of nursing home medication aides in the state, and details the information required in such report. Section 8 provides the effective date, including specific effective dates for sections 1 and 3 of this act, and provides an expiration date for this act.   JUSTIFICATION: At least 28 states have authorized the use of medication aides in nurs- ing homes and/or assisted living facilities. In New York, there is an exemption to the Nurse Practice Act for direct care staff employed in residences certified by the Department of Mental Hygiene. This exemption allows registered nurses to delegate nursing functions, including medi- cation administration, to direct care staff provided there is adequate medical and nursing supervision. A registered nurse (RN) must train the direct care staff in any delegated nursing function, including medica- tion administration. In the case of medication administration, the direct care staff member must complete a four-day course in medication administration, pass the final exam with a minimum grade of 80 and also pass a clinical practicum. If the direct care staff person passes the training, he or she is certified to administer medication for one year and must be recertified each year. The RN is responsible for providing ongoing supervision of the direct care staff and is responsible for ensuring that all of the provisions of the medication administration regulations are carried out. Reports indicate a very high success rate for this program. Studies have shown an actual decrease in medication errors with administration performed by medication technicians. St. Lawrence County is facing a significant nursing shortage, and many nurses express dissatisfaction with the repetitive task of routine medi- cation administration consuming most of their time, leaving little time for direct care. Meanwhile, aide-level workers are leaving health care to pursue other jobs due to wage restrictions and job satisfaction. Allowing these additional responsibilities can provide increased job satisfaction, allow for wage increases and promote staff retention. Since routine nursing supervision is still required, this program does not replace a licensed nurse with a nursing home medication aide, but instead uses the aide to assist the nurse, allowing more time for the nurse to supervise and provide direct care, overall providing for a more efficient and productive use of licensed nursing skills.   PRIOR LEGISLATIVE HISTORY: 2019 referred to higher education 2020 referred to higher education 2020 held for consideration in higher education 2022 referred to higher education 2023 referred to higher education 2024 referred to higher education   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately; shall expire and be deemed repealed on March 31, 2032
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A00909 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           909
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of  A. GRAY, BLANKENBUSH, BENDETT, DeSTEFANO -- read
          once and referred to the Committee on Higher Education
 
        AN ACT to amend the education law and the public health law, in relation
          to authorizing  certain  nursing  home  medication  aides  to  perform
          certain   advanced  tasks;  and  providing  for  the  repeal  of  such
          provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  6908 of the education law is amended by adding a
     2  new subdivision 3 to read as follows:
     3    3. This article shall not be construed  as  prohibiting  the  adminis-
     4  tration of medication by a nursing home medication aide certified pursu-
     5  ant  to section twenty-eight hundred three-j of the public health law as
     6  added by chapter seven hundred seventeen of the laws of nineteen hundred
     7  eighty-nine in residential health care facilities, as defined in article
     8  twenty-eight of the public health law, in the county of St. Lawrence, in
     9  accordance with regulations developed by the commissioner, in  consulta-
    10  tion  with  the  commissioner of health.  At a minimum, such regulations
    11  shall:
    12    a. authorize the administration of medications which are  routine  and
    13  prefilled  or otherwise packaged in a manner that promotes relative ease
    14  of  administration,  provided  that  administration  of  medications  by
    15  injection shall be prohibited. Provided, however, such prohibition shall
    16  not  apply  to  injections  of  insulin or other injections for diabetes
    17  care, to injections of low molecular weight heparin, and  to  pre-filled
    18  auto-injections  of  epinephrine  for  emergency purposes, and provided,
    19  further, that entities employing nursing home medication aides  pursuant
    20  to  this  subdivision  shall  establish a systematic approach to address
    21  drug diversion;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00113-01-5

        A. 909                              2
 
     1    b. provide that medication administration by nursing  home  medication
     2  aides may be performed only under the direct supervision of a registered
     3  professional  nurse  licensed  in  New  York state, as set forth in this
     4  subdivision and subdivision eight of section sixty-nine hundred nine  of
     5  this  article, where such nurse is employed by a residential health care
     6  facility licensed or certified pursuant to the public health  law.  Such
     7  nursing supervision shall:
     8    (i)  include  training  and  periodic assessment of the performance of
     9  medication administration;
    10    (ii) be determined by the registered  professional  nurse  responsible
    11  for supervising such medication administration based upon the complexity
    12  of such medication administration, the skill and experience of the nurs-
    13  ing  home  medication  aide, and the health status of the individual for
    14  whom such medication administration is being performed;
    15    (iii) include a comprehensive initial and thereafter regular and ongo-
    16  ing assessment of the individual's needs;
    17    (iv) include as a requirement that the supervising registered  profes-
    18  sional  nurse  shall  visit  individuals  receiving  medication  for the
    19  purpose of supervising the medication administration provided by nursing
    20  home medication aides and include as a  requirement  that  a  registered
    21  professional  nurse  shall  be  available to the nursing home medication
    22  aide twenty-four hours a day, seven days a week, provided that a  regis-
    23  tered  professional  nurse  shall  be  available  to visit an individual
    24  receiving medication as necessary to protect the health  and  safety  of
    25  such individual; and
    26    (v) as shall be specified by the commissioner, be provided in a manner
    27  that  takes  into  account individual care needs and case mix complexity
    28  and provide that the number  of  individuals  served  by  a  supervising
    29  registered professional nurse is reasonable and prudent;
    30    c.  establish  a  process by which a registered professional nurse may
    31  assign medication administration to a nursing home medication aide. Such
    32  process shall include, but not be limited to:
    33    (i) allowing assignment of medication administration to a nursing home
    34  medication aide only where such nursing home medication aide has  demon-
    35  strated  to  the satisfaction of the supervising registered professional
    36  nurse competency in medication administration  that  such  nursing  home
    37  medication  aide is authorized to perform, a willingness to perform such
    38  medication administration, and the ability to effectively and efficient-
    39  ly communicate with the individual receiving medication  and  understand
    40  such individual's needs;
    41    (ii)  prohibiting assignment of medication administration to a nursing
    42  home medication aide if the individual receiving services declines to be
    43  served by a nursing home medication aide;
    44    (iii) authorizing the supervising  registered  professional  nurse  to
    45  revoke  any assigned medication administration from a nursing home medi-
    46  cation aide for any reason; and
    47    (iv) authorizing multiple registered professional  nurses  to  jointly
    48  agree  to  assign medication administration to a nursing home medication
    49  aide, provided further that only one registered professional nurse shall
    50  be required to determine if the nursing home medication aide has  demon-
    51  strated competency in the medication administration to be performed;
    52    d.  provide  that  medication  administration may be performed only in
    53  accordance with and pursuant  to  an  authorized  health  practitioner's
    54  ordered care;

        A. 909                              3
 
     1    e.  provide  that  only  a  certified nursing home medication aide may
     2  perform medication administration as a nursing home medication aide when
     3  such aide has:
     4    (i)  at least one year of experience providing residential health care
     5  services;
     6    (ii) completed the requisite training and demonstrated competencies of
     7  a nursing home medication aide as  determined  by  the  commissioner  in
     8  consultation with the commissioner of health;
     9    (iii)  successfully  completed competency examinations satisfactory to
    10  the commissioner in consultation with the commissioner of health; and
    11    (iv) meets other  appropriate  qualifications  as  determined  by  the
    12  commissioner in consultation with the commissioner of health;
    13    f.  provide  that  only an individual who has satisfied all applicable
    14  training requirements and having passed the applicable competency  exam-
    15  inations  and  who  meets other requirements as set forth in regulations
    16  issued by the commissioner of health pursuant to the public  health  law
    17  may  perform  medication administration pursuant to this subdivision and
    18  may hold themself out as a nursing home medication aide;
    19    g. establish minimum standards of  training  for  the  performance  of
    20  medication  administration  by  nursing home medication aides, including
    21  didactic training, clinical training, and a supervised clinical  practi-
    22  cum with standards set forth by the commissioner of health;
    23    h.  provide that nursing home medication aides shall receive case-spe-
    24  cific training on the medication administration to be  assigned  by  the
    25  supervising  nurse,  provided  that additional training shall take place
    26  whenever additional medication administration is assigned;
    27    i. prohibit a nursing home medication aide from holding themself  out,
    28  or  accepting employment as, a person licensed to practice nursing under
    29  the provisions of this article;
    30    j. provide that a nursing home medication aide  is  not  required  nor
    31  permitted to assess the medication or medical needs of an individual;
    32    k. provide that a nursing home medication aide shall not be authorized
    33  to  perform any activities pursuant to this subdivision that are outside
    34  the scope of practice of a licensed practical nurse  or  that  have  not
    35  been  appropriately  assigned by the supervising registered professional
    36  nurse;
    37    l. provide that a nursing home  medication  aide  shall  document  all
    38  medication  administration to each individual through the use of a medi-
    39  cation administration record; and
    40    m. provide that the supervising registered  professional  nurse  shall
    41  retain  the  discretion  to decide whether to assign medication adminis-
    42  tration to nursing home medication aides under this  program  and  shall
    43  not be subject to coercion, retaliation, or the threat of retaliation.
    44    §  2.  Section  6909  of  the education law is amended by adding a new
    45  subdivision 12 to read as follows:
    46    12. A registered professional nurse, while working for  a  residential
    47  health care facility licensed or certified pursuant to the public health
    48  law, may, in accordance with this subdivision, assign nursing home medi-
    49  cation aides to perform medication administration for individuals pursu-
    50  ant to the provisions of subdivision three of section sixty-nine hundred
    51  eight  of  this  article and supervise nursing home medication aides who
    52  perform assigned medication administration.
    53    (a) Prior to assigning or modifying an assignment to  perform  medica-
    54  tion administration, the registered professional nurse shall:
    55    (i)  complete  a  nursing assessment to ascertain the client's current
    56  health status and care needs; and

        A. 909                              4
 
     1    (ii) provide to the nursing home medication aide written,  individual-
     2  specific  instructions  for performing the medication administration and
     3  criteria for  identifying,  reporting  and  responding  to  problems  or
     4  complications.
     5    (b)  The  registered  professional  nurse  shall not assign medication
     6  administration unless:
     7    (i) the medication administration to be assigned is consistent with an
     8  authorized health practitioner's ordered care;
     9    (ii) the registered professional nurse provides case specific training
    10  to the nursing home medication aide and  personally  verifies  that  the
    11  nursing  home  medication  aide  can  safely and competently perform the
    12  medication administration;
    13    (iii) the registered professional nurse determines  that  the  nursing
    14  home  medication  aide  is  willing  to perform such medication adminis-
    15  tration; and
    16    (iv) the registered professional nurse  determines  that  the  nursing
    17  home  medication aide is able to effectively and efficiently communicate
    18  with the individual receiving services and understand such  individual's
    19  needs.
    20    (c) The supervising registered professional nurse shall:
    21    (i)  visit  individuals receiving medication for the purpose of super-
    22  vising the medication administration provided by nursing home medication
    23  aides; and
    24    (ii) conduct regular and ongoing assessment of the individual's needs.
    25    § 3. Section 6906 of the education law is  amended  by  adding  a  new
    26  subdivision 10 to read as follows:
    27    (10)  In  conjunction with and as a condition of each triennial regis-
    28  tration, the department shall ask and a licensed practical  nurse  shall
    29  indicate  whether the licensed practical nurse is or has previously been
    30  authorized as a nursing home medication  aide  pursuant  to  subdivision
    31  three  of  section sixty-nine hundred eight of this article. The depart-
    32  ment shall provide responses to the department of health and the depart-
    33  ment of health shall include such  information  in  reports  related  to
    34  nursing home medication aides.
    35    §  4.  Section 206 of the public health law is amended by adding a new
    36  subdivision 32 to read as follows:
    37    32. The commissioner shall notify the commissioner of education in any
    38  instance in which a registered professional nurse  engages  in  improper
    39  behavior  while  supervising  a nursing home medication aide pursuant to
    40  subdivision three of section sixty-nine hundred eight of  the  education
    41  law.
    42    §  5. Section 2801 of the public health law is amended by adding a new
    43  subdivision 15 to read as follows:
    44    15. "Nursing home medication aides" means nursing home aides  who  are
    45  authorized  to perform medication administration as delineated in subdi-
    46  vision three of section sixty-nine hundred eight of  the  education  law
    47  and  regulations issued by the commissioner of education relating there-
    48  to. The commissioner shall promulgate regulations regarding such  aides,
    49  which  shall  include  a process for the limitation or revocation of the
    50  nursing home  medication  aide's  authorization  to  perform  medication
    51  administration in appropriate cases.
    52    §  6. Section 2803-j of the public health law, as added by chapter 717
    53  of the laws of 1989, is amended by adding a new subdivision 5 to read as
    54  follows:
    55    5. The department shall indicate within the nursing  home  nurse  aide
    56  registry  when  a  nursing  home nurse aide has satisfied all applicable

        A. 909                              5
 
     1  training and recertification requirements and has passed the  applicable
     2  competency  examinations  necessary to perform medication administration
     3  pursuant to subdivision three of section sixty-nine hundred eight of the
     4  education  law and regulations issued thereto. Any limitation or revoca-
     5  tion of the nursing home medication aide's authorization also  shall  be
     6  indicated on the registry.
     7    §  7.  On or before October 1, 2031, the commissioner of health shall,
     8  in consultation with the commissioner of education, issue  a  report  on
     9  the  implementation  of nursing home medication aides in the state. Such
    10  report shall include the number of nursing home medication aides author-
    11  ized pursuant to this act; the number of nursing home nurse  aides  that
    12  became  authorized  to  perform medication administration; the number of
    13  nursing home medication aides that became registered as licensed practi-
    14  cal nurses; the types of medication that nursing home  medication  aides
    15  are  administering;  the  number of complaints pertaining to  medication
    16  administration provided by  nursing  home  medication  aides  that  were
    17  reported  to  the  department  of health; and the number of nursing home
    18  medication aides who had their authorization limited  or  revoked.  Such
    19  report  shall  provide recommendations to the governor and the chairs of
    20  the senate and assembly health and higher education committees regarding
    21  the implementation of nursing home medication  aides  pursuant  to  this
    22  act, and any recommendations related thereto.
    23    § 8. This act shall take effect immediately; provided that:
    24    a.  sections  one  and  three  of this act shall take effect two years
    25  after this act shall have  become  a  law.  Effective  immediately,  the
    26  commissioner  of  education  is authorized to adopt or amend regulations
    27  and take such other actions as are necessary to implement the provisions
    28  of sections one and two of this act on or before  such  effective  date;
    29  provided,  further, that no medication administration shall be performed
    30  pursuant to the provisions of subdivision three of section 6908  of  the
    31  education  law,  as  added by section one of this act, on or before such
    32  effective date; provided further, that  no    medication  administration
    33  shall  be  performed  pursuant to such provisions until such regulations
    34  are adopted and except in conformance with such regulations including in
    35  conformance with the provisions  of  such  regulations  related  to  the
    36  completion of nursing home medication aide training and the satisfaction
    37  of competency examination requirements.
    38    b. this act shall expire and be deemed repealed March 31, 2032.
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