NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8299
SPONSOR: Clark TITLE OF BILL:
An act to amend the education law and the public health law, in relation
to certified medication aides
SUMMARY OF PROVISIONS:
Section one of the bill amends section 6908 of the Education Law to
authorize certified medication aides to administer routine medications
in nursing homes in accordance with regulations developed by the Commis-
sioner of Education in consultation with the Commissioner of Health. The
section further directs the Commissioner of Education, in consultation
with the Commissioner of Health, to adopt regulations governing certi-
fied medication aides and specifies the elements of the regulations
including the supervision and assignment requirements; the qualifica-
tions, training and examination requirements for certified medication
aides; and limitations on the medication aide role.
Section two of the bill amends section 6909 of the Education Law to
authorize registered professional nurses to assign medication-related
tasks to certified medication aides and supervise certified medication
aides.
Section three of the bill amends section 2803-j of the Public Health
Law to add certified medication aides to the nurse aide registry.
Section four of the bill provides an immediate effective date and
requires the regulations to be adopted not later than 120 days after
enactment.
JUSTIFICATION:
Certified Medication Aides in the nursing home would enhance the certi-
fied nurse aide (CNA) career ladder and allow registered professional
nurses (RNs) and licensed practical nurses (LPNs) to focus on higher
level tasks such as complex wound care, monitoring resident respiratory
functions, and collaborating with other medical professionals, thereby
mitigating nursing shortages and improving the quality of care.
In New York's OPWDD system, direct support professionals who are not
licensed nurses are similarly authorized to administer medications, if
they receive enhanced training. And, in approximately 25 other states,
medication aides are authorized to administer medications in nursing
homes.
The authorization of Certified Medication Aides in the nursing home
would not only enhance the quality of care for older adults residing in
nursing homes, it would also improve professional development and satis-
faction of nurses and aides.
FISCAL IMPACT ON THE STATE:
None
LEGISLATIVE HISTORY:
New bill
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8299
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. CLARK, PAULIN -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13620-01-3
A. 8299 2
1 professional nurse licensed in New York state, as set forth in this
2 subdivision and subdivision twelve of section sixty-nine hundred nine of
3 this article;
4 c. establish a process by which a registered professional nurse may
5 assign medication-related tasks to a certified medication aide. Such
6 process shall include, but not be limited to:
7 (i) allowing assignment of medication-related tasks to a certified
8 medication aide only where such certified medication aide has demon-
9 strated to the satisfaction of the supervising registered professional
10 nurse competency in every medication-related task that such certified
11 medication aide is authorized to perform, a willingness to perform such
12 medication-related tasks, and the ability to effectively and efficiently
13 communicate with the individual receiving services and understand such
14 individual's needs;
15 (ii) authorizing the supervising registered professional nurse to
16 revoke any assigned medication-related task from a certified medication
17 aide for any reason; and
18 (iii) authorizing multiple registered professional nurses to jointly
19 agree to assign medication-related tasks to a certified medication aide,
20 provided further that only one registered professional nurse shall be
21 required to determine if the certified medication aide has demonstrated
22 competency in the medication-related task to be performed;
23 d. provide that medication-related tasks may be performed only in
24 accordance with and pursuant to an authorized health practitioner's
25 ordered care;
26 e. provide that only a certified nurse aide may perform medication-re-
27 lated tasks as a certified medication aide when such aide has:
28 (i) a valid New York state nurse aide certificate;
29 (ii) a high school diploma, or its equivalent;
30 (iii) evidence of being at least eighteen years old;
31 (iv) at least one year of experience providing nurse aide services in
32 a residential health care facility licensed pursuant to article twenty-
33 eight of the public health law or a similarly licensed facility in
34 another state or United States territory;
35 (v) the ability to read, write, and speak English and to perform basic
36 math skills;
37 (vi) completed the requisite training and demonstrated competencies of
38 a certified medication aide as determined by the commissioner of health
39 in consultation with the commissioner;
40 (vii) successfully completed competency examinations satisfactory to
41 the commissioner of health in consultation with the commissioner; and
42 (viii) meets other appropriate qualifications as determined by the
43 commissioner of health in consultation with the commissioner;
44 f. prohibit a certified medication aide from holding themself out, or
45 accepting employment as, a person licensed to practice nursing under the
46 provisions of this article;
47 g. provide that a certified medication aide is not required nor
48 permitted to assess the medication or medical needs of an individual;
49 h. provide that a certified medication aide shall not be authorized to
50 perform any medication-related tasks or activities pursuant to this
51 subdivision that are outside the scope of practice of a licensed practi-
52 cal nurse or any medication-related tasks that have not been appropri-
53 ately assigned by the supervising registered professional nurse;
54 i. provide that a certified medication aide shall document all medica-
55 tion-related tasks provided to an individual, including medication
A. 8299 3
1 administration to each individual through the use of a medication admin-
2 istration record; and
3 j. provide that the supervising registered professional nurse shall
4 retain the discretion to decide whether to assign medication-related
5 tasks to certified medication aides under this program and shall not be
6 subject to coercion, retaliation, or the threat of retaliation.
7 § 2. Section 6909 of the education law is amended by adding a new
8 subdivision 12 to read as follows:
9 12. A registered professional nurse, while working for a residential
10 health care facility licensed pursuant to article twenty-eight of the
11 public health law, may, in accordance with this subdivision, assign
12 certified medication aides to perform medication-related tasks for indi-
13 viduals pursuant to the provisions of subdivision three of section
14 sixty-nine hundred eight of this article and supervise certified medica-
15 tion aides who perform assigned medication-related tasks.
16 § 3. Paragraph (a) of subdivision 3 of section 2803-j of the public
17 health law, as added by chapter 717 of the laws of 1989, is amended to
18 read as follows:
19 (a) Identification of individuals who have successfully completed a
20 nurse aide training and competency evaluation program, [or] a nurse aide
21 competency evaluation program, or a medication aide program;
22 § 4. This act shall take effect on the one hundred twentieth day after
23 it shall have become a law. Effective immediately, the addition, amend-
24 ment and/or repeal of any rule or regulation necessary for the implemen-
25 tation of this act on its effective date are authorized to be made and
26 completed on or before such effective date.
