PRINTER'S NO. 695
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
668
Session of
2023
INTRODUCED BY J. WARD, COLLETT, SCHWANK, BOSCOLA, COMITTA,
HAYWOOD, BREWSTER, CAPPELLETTI, BAKER AND ROBINSON,
MAY 2, 2023
REFERRED TO HEALTH AND HUMAN SERVICES, MAY 2, 2023
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," providing for certified
medication aides; and imposing duties on the Department of
Education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
chapter to read:
CHAPTER 8-C
CERTIFIED MEDICATION AIDES
Section 801-C. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Certified medication aide." An individual certified under
section 804-C.
"Department." The Department of Education of the
Commonwealth.
"Instructor." An individual trained to certify medication
aides under section 804-C.
"Long-term care nursing facility." As defined in section
802.1.
"Medication aide training program." The program developed by
the department under section 804-C(a) for certification as a
medication aide.
Section 802-C. Requirements.
(a) Qualifications.--To be a certified medication aide, an
individual must:
(1) Be a nurse aide with a valid listing on the
Pennsylvania Nurse Aide Registry.
(2) Have at least one year of consecutive experience
working as a nurse aide in a single long-term care nursing
facility .
(3) Have successfully completed the medication aide
training program and met the requisite training and
competency evaluation requirements.
(b) Certification by instructor.--To practice as a certified
medication aide, an individual must meet the qualifications
under subsection (a) and be certified by an instructor as
provided under section 804-C.
Section 803-C. Administration of medication.
(a) Permissible medication delivery.--A certified medication
aide may administer oral, transdermal, opthalmic, otic, rectal,
vaginal, inhaled, enteral or topical medication to a resident of
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a long-term care nursing facility.
(b) Impermissible medication delivery.--A certified
medication aide may not:
(1) Administer a controlled substance under section 4 of
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act.
(2) Administer medications by gastronomy or jejunostomy
tubes.
(3) Add fluid to established gastronomy or jejunostomy
tube feedings or change established tube feeding bags.
(4) Accept verbal or telephone orders for medication
from a licensed health care professional who is authorized to
independently diagnose and treat.
(5) Administer medication by the following routes:
(i) Central lines.
(ii) Colostomy.
(iii) Intramuscular.
(iv) Intrathecal.
(v) Intravenous.
(vi) Nasogastric.
(vii) Nonmetered inhaler.
(viii) Subcutaneous injection.
(ix) Intradermal.
(x) Urethral.
(xi) Epidural.
(xii) Endotracheal.
(6) Administer the following kinds of medications:
(i) Barium and other diagnostic contrast media.
(ii) Chemotherapeutic agents, except oral
maintenance chemotherapy.
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(7) Administer medication by, nor assume responsibility
for, medication pumps, including client-controlled analgesia.
(8) Act as a clinical teaching associate to a student in
a medication aide training program.
Section 804-C. Medication aide training program and
certification.
(a) Development.--The department shall develop a medication
aide training program for an individual to become a certified
medication aide, which may be offered by a long-term care
nursing facility. The department shall include input from
industry stakeholders on the development and implementation of
the program. The program under this section must:
(1) Include a minimum of 40 hours of classroom and
clinical training, exclusive of testing or instructor
evaluation of whether the individual is competent.
(2) Be conducted by an approved instructor and utilize
the State-approved written curriculum and test.
(3) Cover the following topics:
(i) The role, responsibilities and performance of
the prescribing provider in the medication administration
process.
(ii) The rights of the individual regarding
accepting or refusing medications.
(iii) Principles of infection control as they relate
to medication administration.
(iv) Categories of medications and their effects.
(v) Effective management of poisoning or medication
overdose.
(vi) Storage and disposal of medications.
(vii) Communications with individuals or guardians,
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if applicable, about the individual's medications.
(viii) The six principles of medication
administration, including:
(A) The correct medication.
(B) The correct dosage of the medication.
(C) The medication to the correct individual.
(D) The medication at the correct time.
(E) The medication to the individual by the
correct method.
(F) The accurate documentation.
(4) Include a medication aide training examination that
requires the demonstration of the requisite knowledge and
skills to serve as a certified medication aide.
(b) Certification.--An instructor shall issue certification
to an individual to practice as a certified medication aide if
the individual:
(1) Successfully completes the medication aide training
program.
(2) Scores 80% or higher on the examination under
subsection (a)(4).
(3) Demonstrates knowledge of the following pertaining
to administering medications:
(i) The name of the medication.
(ii) The reason for the medication's use.
(iii) Any side effects or adverse reactions.
(iv) Any special instructions such as giving certain
fluids, checking pulse rate or monitoring blood levels.
(4) Following direct observation by an instructor, has
been found competent to be authorized to administer
medications.
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(c) Reauthorization.--A certified medication aide shall be
reauthorized to administer medications at least every two years
or by the last day of the 24th month from the date of the prior
authorization. Reauthorization of a certified medication aide
shall include:
(1) Annual completion of 12 hours of continuing
education, clinical competency demonstration and a medication
errors prevention course , which shall be developed by the
department.
(2) A written reauthorization by an instructor.
(d) Authorization.--Authorization to practice as a certified
medication aide shall be valid in any long-term care nursing
facility.
(e) Suspension of medication aide training program.--
(1) A long-term care nursing facility's medication aide
training program may be suspended for cause based on the
adequacy and effectiveness of the medication aide training
program.
(2) A long-term care nursing facility's medication aide
training program may not be suspended based on surveys or
operations of the long-term care nursing facility.
Section 805-C. Employment of certified medication aides.
(a) Authorization.--A long-term care nursing facility may
employ a certified medication aide for the purpose of performing
the technical aspects of the medication administration in
accordance with this chapter.
(b) Competency review.--A long-term care nursing facility
shall annually conduct a comprehensive clinical skills
competency review of each certified medication aide employed by
the long-term care nursing facility.
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(c) Computation.--A certified medication aide employed by a
long-term care nursing facility shall:
(1) Be included in computing the hours of direct
resident care under 28 Pa. Code § 211.12 (relating to nursing
services).
(2) Not be included in the computing of nurse aide
ratios and licensed practical nurse ratios under 28 Pa. Code
§ 211.12.
Section 806-C. Annual report.
(a) Submission.--The department shall submit an annual
report to:
(1) The chairperson and minority chairperson of the
Aging and Youth Committee of the Senate.
(2) The chairperson and minority chairperson of the
Aging and Older Adult Services Committee of the House of
Representatives.
(3) The chairperson and minority chairperson of the
Health and Human Services Committee of the Senate.
(4) The chairperson and minority chairperson of the
Health Committee of the House of Representatives.
(b) Contents.--The report shall include:
(1) The number and location of medication aide training
programs approved by the department.
(2) The number of nurse aides currently certified as
medication aides.
(3) The number of approved instructors available to
support the program.
(4) Pass rates for the training examination.
(5) Recertification rates.
(6) The number of hours of training each program
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requires.
Section 2. This act shall take effect in 180 days.
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