S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4474
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced by M. of A. JENSEN -- 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  permitting  certain  nurses  to  perform  medication related tasks
   provided by a certified medication aide

   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
 RELATED TASKS PROVIDED BY A CERTIFIED MEDICATION AIDE IN ACCORDANCE WITH
 REGULATIONS  DEVELOPED  BY  THE  COMMISSIONER,  IN CONSULTATION WITH THE
 COMMISSIONER OF HEALTH. AT A MINIMUM, SUCH REGULATIONS 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
 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, WHERE SUCH NURSE IS EMPLOYED BY A RESIDENTIAL HEALTH CARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08277-01-5
              

 A. 4474                             2
 
 FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH
 LAW;
   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, GED OR SIMILAR EDUCATION CREDENTIAL;
   (III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
   (IV) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES  IN
 AN ARTICLE TWENTY-EIGHT RESIDENTIAL HEALTH CARE FACILITY;
   (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 IN CONSUL-
 TATION WITH THE COMMISSIONER OF HEALTH;
   (VII)  SUCCESSFULLY  COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
 THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH; AND
   (VIII) MEETS OTHER APPROPRIATE QUALIFICATIONS  AS  DETERMINED  BY  THE
 COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   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
 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
 A. 4474                             3
 
 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 eightieth day after
 it shall have become a law.