Relates to the administration of medication in residential health care facilities by medication aides

BILL NUMBER:S7512

Title of bill

An act to amend the public health law and the education law, in relation to the administration of medication in residential health care facilities

Purpose

This bill would allow certified nursing aides (CNAs) with additional training to administer medications in residential health care facilities under the supervision of a registered nurse.

Summary

Section 1 of the bill adds a new subdivision to public health law authorizing CNAs with advanced training to serve as medication technicians under the supervision of a registered nurse. It further directs the commissioner of health to develop standards of practice, including training and clinical education and nurse supervision.

Section 2 amends education law to exempt medication technicians from the nurse practice act.

Section 3 provides the enacting clause.

Justification

At least 28 states have authorized the use of medication aides in nursing 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 medication 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 medication 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.

The state is facing a significant nursing shortage, and many nurses express dissatisfaction with the repetitive task of routine medication 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 certified 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.

Legislative history

New bill.

Fiscal implications

Unknown.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.