BILL NUMBER: S42
SPONSOR: WALCZYK
 
TITLE OF BILL:
An act to amend the education law and the public health law, in relation
to authorizing certain nursing home medication aides to perform certain
advanced tasks; and providing for the repeal of such provisions upon
expiration thereof
 
PURPOSE:
This bill would allow nursing home medication aides in St. Lawrence
County to administer medications in residential health care facilities
with training specified under the act and while under the supervision of
a registered nurse.
 
SUMMARY OF PROVISIONS:
Section 1 adds new subdivision 3 to section 6908 of the education law,
to permit administration of certain medication by nursing home medica-
tion aide in the county of Saint Lawrence certified under the public
health law, pursuant to the minimum regulations directed under this new
subdivision. Among the minimum regulations, administration of medica-
tions by nursing home medication aides will be under the direct super-
vision of a registered professional nurse licensed in the state of New
York.
Section 2 adds new subdivision 9 to section 6909 of the education law,
permitting registered professional nurses to assign nursing home medica-
tion aides to perform medication administration under the registered
professional nurse's supervision pursuant to new subdivision 3 of
section 6908, subject to the requirements of this new subdivision 9.
Section 3 adds new subdivision 10 to section 6906 of the education law,
relating to information the commissioner of education must gather and
report.
Section 4 adds new subdivision 31 to section 206 of the public health
law, requiring that the commissioner of health notify the commissioner
of education of any improper behavior of registered professional nurses
while supervising a nursing home medication aide pursuant to new subdi-
vision 3 of section 6908 of the education law.
Section 5 adds new subdivision 12 to section 2801 of the public health
law, defining nursing home medication aides, and requiring the commis-
sioner of health to promulgate regulations for such aides.
Section 6 adds new subdivision 5 to section 2803-j of the public health
law, requiring the department of health to indicate within the nursing
home nurse aide registry when a nursing home nurse aide has satisfied
all requirements necessary to perform medication administration pursuant
to new subdivision 3 of section 6908 of the education law and regu-
lations issued thereto.
Section 7 directs the commissioner of health, in consultation with the
commissioner of education, to issue a report on the implementation
of nursing home medication aides in the state, and details the informa-
tion required in such report.
Section 8 provides the effective date, including specific effective
dates for sections 1 and 3 of this act, and provides an expiration date
for this act.
 
JUSTIFICATION:
At least 28 states have authorized the use of medication aides in nurs-
ing 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 medi-
cation 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 medica-
tion 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.
St. Lawrence County is facing a significant nursing shortage, and many
nurses express dissatisfaction with the repetitive task of routine medi-
cation 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 nursing home medication 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:
A7377-A/S7164-A (2018): Referred to Health
A6250/S1199 (2019): Referred to Higher Education
A4375/S1156 (2021): Referred to Higher Education
A2973/S4177 (2023): Referred to Higher Education
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately; shall expire and be deemed
repealed on March 31, 2032.

Statutes affected:
S42: 6908 education law, 6909 education law, 6906 education law, 206 public health law, 2801 public health law, 2803-j public health law