STATE OF NEW YORK
________________________________________________________________________
8635
IN SENATE
February 23, 2024
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law and the public health law, in relation
to certified medication aides
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 medication-re-
4 lated tasks provided by a certified medication aide working in a resi-
5 dential health care facility, as defined in section twenty-eight hundred
6 one of the public health law, in accordance with regulations developed
7 by the commissioner, in consultation with the commissioner of health.
8 The commissioner, in consultation with the commissioner of health, shall
9 adopt regulations governing certified medication aides that, at a mini-
10 mum, shall:
11 a. specify the medication-related tasks that may be performed by
12 certified medication aides pursuant to this subdivision. Such tasks
13 shall include the administration of medications which are routine and
14 pre-filled or otherwise packaged in a manner that promotes relative ease
15 of administration, provided that administration of medications by
16 injection, sterile procedures, and central line maintenance shall be
17 prohibited. Provided, however, such prohibition shall not apply to
18 injections of insulin or other injections for diabetes care, to
19 injections of low molecular weight heparin, and to pre-filled auto-in-
20 jections of naloxone and epinephrine for emergency purposes, and
21 provided, further, that entities employing certified medication aides
22 pursuant to this subdivision shall establish a systematic approach to
23 address drug diversion;
24 b. provide that medication-related tasks performed by certified medi-
25 cation aides may be performed only under the supervision of a registered
26 professional nurse licensed in New York state, as set forth in this
27 subdivision and subdivision twelve of section sixty-nine hundred nine of
28 this article;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13620-01-3
S. 8635 2
1 c. establish a process by which a registered professional nurse may
2 assign medication-related tasks to a certified medication aide. Such
3 process shall include, but not be limited to:
4 (i) allowing assignment of medication-related tasks to a certified
5 medication aide only where such certified medication aide has demon-
6 strated to the satisfaction of the supervising registered professional
7 nurse competency in every medication-related task that such certified
8 medication aide is authorized to perform, a willingness to perform such
9 medication-related tasks, and the ability to effectively and efficiently
10 communicate with the individual receiving services and understand such
11 individual's needs;
12 (ii) authorizing the supervising registered professional nurse to
13 revoke any assigned medication-related task from a certified medication
14 aide for any reason; and
15 (iii) authorizing multiple registered professional nurses to jointly
16 agree to assign medication-related tasks to a certified medication aide,
17 provided further that only one registered professional nurse shall be
18 required to determine if the certified medication aide has demonstrated
19 competency in the medication-related task to be performed;
20 d. provide that medication-related tasks may be performed only in
21 accordance with and pursuant to an authorized health practitioner's
22 ordered care;
23 e. provide that only a certified nurse aide may perform medication-re-
24 lated tasks as a certified medication aide when such aide has:
25 (i) a valid New York state nurse aide certificate;
26 (ii) a high school diploma, or its equivalent;
27 (iii) evidence of being at least eighteen years old;
28 (iv) at least one year of experience providing nurse aide services in
29 a residential health care facility licensed pursuant to article twenty-
30 eight of the public health law or a similarly licensed facility in
31 another state or United States territory;
32 (v) the ability to read, write, and speak English and to perform basic
33 math skills;
34 (vi) completed the requisite training and demonstrated competencies of
35 a certified medication aide as determined by the commissioner of health
36 in consultation with the commissioner;
37 (vii) successfully completed competency examinations satisfactory to
38 the commissioner of health in consultation with the commissioner; and
39 (viii) meets other appropriate qualifications as determined by the
40 commissioner of health in consultation with the commissioner;
41 f. prohibit a certified medication aide from holding themself out, or
42 accepting employment as, a person licensed to practice nursing under the
43 provisions of this article;
44 g. provide that a certified medication aide is not required nor
45 permitted to assess the medication or medical needs of an individual;
46 h. provide that a certified medication aide shall not be authorized to
47 perform any medication-related tasks or activities pursuant to this
48 subdivision that are outside the scope of practice of a licensed practi-
49 cal nurse or any medication-related tasks that have not been appropri-
50 ately assigned by the supervising registered professional nurse;
51 i. provide that a certified medication aide shall document all medica-
52 tion-related tasks provided to an individual, including medication
53 administration to each individual through the use of a medication admin-
54 istration record; and
55 j. provide that the supervising registered professional nurse shall
56 retain the discretion to decide whether to assign medication-related
S. 8635 3
1 tasks to certified medication aides under this program and shall not be
2 subject to coercion, retaliation, or the threat of retaliation.
3 § 2. Section 6909 of the education law is amended by adding a new
4 subdivision 12 to read as follows:
5 12. A registered professional nurse, while working for a residential
6 health care facility licensed pursuant to article twenty-eight of the
7 public health law, may, in accordance with this subdivision, assign
8 certified medication aides to perform medication-related tasks for indi-
9 viduals pursuant to the provisions of subdivision three of section
10 sixty-nine hundred eight of this article and supervise certified medica-
11 tion aides who perform assigned medication-related tasks.
12 § 3. Paragraph (a) of subdivision 3 of section 2803-j of the public
13 health law, as added by chapter 717 of the laws of 1989, is amended to
14 read as follows:
15 (a) Identification of individuals who have successfully completed a
16 nurse aide training and competency evaluation program, [or] a nurse aide
17 competency evaluation program, or a medication aide program;
18 § 4. This act shall take effect on the one hundred twentieth day after
19 it shall have become a law. Effective immediately, the addition, amend-
20 ment and/or repeal of any rule or regulation necessary for the implemen-
21 tation of this act on its effective date are authorized to be made and
22 completed on or before such effective date.
