S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8299
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  Section  6908 of the education law is amended by adding a
 new subdivision 3 to read as follows:
   3. THIS ARTICLE SHALL NOT BE CONSTRUED AS  PROHIBITING  MEDICATION-RE-
 LATED  TASKS  PROVIDED BY A CERTIFIED MEDICATION AIDE WORKING IN A RESI-
 DENTIAL HEALTH CARE FACILITY, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
 ONE OF THE PUBLIC HEALTH LAW, IN ACCORDANCE WITH  REGULATIONS  DEVELOPED
 BY  THE  COMMISSIONER,  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH.
 THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL
 ADOPT REGULATIONS GOVERNING CERTIFIED MEDICATION AIDES THAT, AT A  MINI-
 MUM, SHALL:
   A.  SPECIFY  THE  MEDICATION-RELATED  TASKS  THAT  MAY BE PERFORMED BY
 CERTIFIED MEDICATION AIDES PURSUANT  TO  THIS  SUBDIVISION.  SUCH  TASKS
 SHALL  INCLUDE  THE  ADMINISTRATION OF MEDICATIONS WHICH ARE ROUTINE AND
 PRE-FILLED OR OTHERWISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE
 OF  ADMINISTRATION,  PROVIDED  THAT  ADMINISTRATION  OF  MEDICATIONS  BY
 INJECTION,  STERILE  PROCEDURES,  AND  CENTRAL LINE MAINTENANCE SHALL BE
 PROHIBITED. PROVIDED, HOWEVER,  SUCH  PROHIBITION  SHALL  NOT  APPLY  TO
 INJECTIONS  OF  INSULIN  OR  OTHER  INJECTIONS  FOR  DIABETES  CARE,  TO
 INJECTIONS OF LOW MOLECULAR WEIGHT HEPARIN, AND TO  PRE-FILLED  AUTO-IN-
 JECTIONS  OF  NALOXONE  AND  EPINEPHRINE  FOR  EMERGENCY  PURPOSES,  AND
 PROVIDED, FURTHER, THAT ENTITIES EMPLOYING  CERTIFIED  MEDICATION  AIDES
 PURSUANT  TO  THIS  SUBDIVISION SHALL ESTABLISH A SYSTEMATIC APPROACH TO
 ADDRESS DRUG DIVERSION;
   B. PROVIDE THAT MEDICATION-RELATED TASKS PERFORMED BY CERTIFIED  MEDI-
 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
 
 PROFESSIONAL  NURSE  LICENSED  IN  NEW  YORK STATE, AS SET FORTH IN THIS
 SUBDIVISION AND SUBDIVISION TWELVE OF SECTION SIXTY-NINE HUNDRED NINE OF
 THIS ARTICLE;
   C.  ESTABLISH  A  PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
 ASSIGN MEDICATION-RELATED TASKS TO A  CERTIFIED  MEDICATION  AIDE.  SUCH
 PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  ALLOWING  ASSIGNMENT  OF  MEDICATION-RELATED TASKS TO A CERTIFIED
 MEDICATION AIDE ONLY WHERE SUCH CERTIFIED  MEDICATION  AIDE  HAS  DEMON-
 STRATED  TO  THE SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL
 NURSE COMPETENCY IN EVERY MEDICATION-RELATED TASK  THAT  SUCH  CERTIFIED
 MEDICATION  AIDE IS AUTHORIZED TO PERFORM, A WILLINGNESS TO PERFORM SUCH
 MEDICATION-RELATED TASKS, AND THE ABILITY TO EFFECTIVELY AND EFFICIENTLY
 COMMUNICATE WITH THE INDIVIDUAL RECEIVING SERVICES AND  UNDERSTAND  SUCH
 INDIVIDUAL'S NEEDS;
   (II)  AUTHORIZING  THE  SUPERVISING  REGISTERED  PROFESSIONAL NURSE TO
 REVOKE ANY ASSIGNED MEDICATION-RELATED TASK FROM A CERTIFIED  MEDICATION
 AIDE FOR ANY REASON; AND
   (III)  AUTHORIZING  MULTIPLE REGISTERED PROFESSIONAL NURSES TO JOINTLY
 AGREE TO ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE,
 PROVIDED FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL  NURSE  SHALL  BE
 REQUIRED  TO DETERMINE IF THE CERTIFIED MEDICATION AIDE HAS DEMONSTRATED
 COMPETENCY IN THE MEDICATION-RELATED TASK TO BE PERFORMED;
   D. PROVIDE THAT MEDICATION-RELATED TASKS  MAY  BE  PERFORMED  ONLY  IN
 ACCORDANCE  WITH  AND  PURSUANT  TO  AN AUTHORIZED HEALTH PRACTITIONER'S
 ORDERED CARE;
   E. PROVIDE THAT ONLY A CERTIFIED NURSE AIDE MAY PERFORM MEDICATION-RE-
 LATED TASKS AS A CERTIFIED MEDICATION AIDE WHEN SUCH AIDE HAS:
   (I) A VALID NEW YORK STATE NURSE AIDE CERTIFICATE;
   (II) A HIGH SCHOOL DIPLOMA, OR ITS EQUIVALENT;
   (III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
   (IV) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES  IN
 A  RESIDENTIAL HEALTH CARE FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-
 EIGHT OF THE PUBLIC HEALTH LAW  OR  A  SIMILARLY  LICENSED  FACILITY  IN
 ANOTHER STATE OR UNITED STATES TERRITORY;
   (V) THE ABILITY TO READ, WRITE, AND SPEAK ENGLISH AND TO PERFORM BASIC
 MATH SKILLS;
   (VI) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
 A  CERTIFIED MEDICATION AIDE AS DETERMINED BY THE COMMISSIONER OF HEALTH
 IN CONSULTATION WITH THE COMMISSIONER;
   (VII) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS  SATISFACTORY  TO
 THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER; AND
   (VIII)  MEETS  OTHER  APPROPRIATE  QUALIFICATIONS AS DETERMINED BY THE
 COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER;
   F. PROHIBIT A CERTIFIED MEDICATION AIDE FROM HOLDING THEMSELF OUT,  OR
 ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER THE
 PROVISIONS OF THIS ARTICLE;
   G.  PROVIDE  THAT  A  CERTIFIED  MEDICATION  AIDE  IS NOT REQUIRED NOR
 PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
   H. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL NOT BE AUTHORIZED TO
 PERFORM ANY MEDICATION-RELATED TASKS  OR  ACTIVITIES  PURSUANT  TO  THIS
 SUBDIVISION THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTI-
 CAL  NURSE  OR ANY MEDICATION-RELATED TASKS THAT HAVE NOT BEEN APPROPRI-
 ATELY ASSIGNED BY THE SUPERVISING REGISTERED PROFESSIONAL NURSE;
   I. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL DOCUMENT ALL MEDICA-
 TION-RELATED TASKS  PROVIDED  TO  AN  INDIVIDUAL,  INCLUDING  MEDICATION
 A. 8299                             3
 
 ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMIN-
 ISTRATION RECORD; AND
   J.  PROVIDE  THAT  THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL
 RETAIN THE DISCRETION TO DECIDE  WHETHER  TO  ASSIGN  MEDICATION-RELATED
 TASKS  TO CERTIFIED MEDICATION AIDES UNDER THIS PROGRAM AND SHALL NOT BE
 SUBJECT TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION.
   § 2. Section 6909 of the education law is  amended  by  adding  a  new
 subdivision 12 to read as follows:
   12.  A  REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR A RESIDENTIAL
 HEALTH CARE FACILITY LICENSED PURSUANT TO ARTICLE  TWENTY-EIGHT  OF  THE
 PUBLIC  HEALTH  LAW,  MAY,  IN  ACCORDANCE WITH THIS SUBDIVISION, ASSIGN
 CERTIFIED MEDICATION AIDES TO PERFORM MEDICATION-RELATED TASKS FOR INDI-
 VIDUALS PURSUANT TO THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  SECTION
 SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND SUPERVISE CERTIFIED MEDICA-
 TION AIDES WHO PERFORM ASSIGNED MEDICATION-RELATED TASKS.
   §  3.  Paragraph  (a) of subdivision 3 of section 2803-j of the public
 health law, as added by chapter 717 of the laws of 1989, is  amended  to
 read as follows:
   (a)  Identification  of  individuals who have successfully completed a
 nurse aide training and competency evaluation program, [or] a nurse aide
 competency evaluation program, OR A MEDICATION AIDE PROGRAM;
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.