Under present law, a "home for the aged" means a home represented and held out to the general public as a home which accepts primarily aged persons for relatively permanent, domiciliary care. A home for the aged ("home") provides room, board and personal services to four or more nonrelated persons.
Present law establishes that such a home is subject to licensure and must meet requirements and minimum standards prescribed by the health facilities commission ("commission") in regulations pursuant to state law relative to health and related facilities. In these regulations, the commission must include, after consultation with the state fire marshal, fire safety standards that afford reasonable protection for homes without unduly disturbing the residential atmosphere to which the residents are accustomed. No license to operate a home will be issued if the home is not approved by the local zoning, building, and fire safety authorities to provide residential custodial care. The commission must employ one or more fire safety experts who will be annually certified to be qualified in fire safety by the state fire marshal. Notwithstanding approval of a home by the local authorities, the commission must consider any recommendation of its staff member or members thus certified to be qualified in deciding whether an application for a license to operate a home should be granted. In the absence of local authority and when deemed necessary by the commission, approval of the home by the commission's certified fire safety expert is required.
The commission has sole authority to issue and revoke licenses for homes for the aged. The commission has the authority to establish fees. The commission has the authority to determine whether or not any institution or agency comes within the scope of state law relative to health and related facilities, and its decisions in that regard are subject only to such rights of review as the courts exercise with respect to administrative actions.
Under present law, a home is authorized to administer medications to residents only if it employs or contracts with a physician, nurse, or physician assistant to administer medications to residents.
This bill establishes a tier classification system for homes for the aged. A tier 1 home houses three or fewer nonrelated persons. A tier 2 home houses four or more unrelated persons.
TIER 1 HOME LICENSURE
This bill establishes that a tier 1 home is not subject to present law regarding licensure and fire safety. Under this bill, a tier 1 home is subject to licensure by and must meet such requirements and minimum standards as the department of intellectual and developmental disabilities (DIDD) may prescribe by rule. DIDD has sole authority to issue and revoke licenses for tier 1 homes. The department may determine whether or not an institution or agency comes within the scope of state law relative to health and related facilities, and the department's decisions in that regard are subject only to such rights of review as the courts may exercise with respect to administrative actions.
TIER 1 MEDICATION ADMINISTRATION
This bill authorizes a home licensed by DIDD to permit an unlicensed employee to administer medication to a resident, as long as the unlicensed employee meets the requirements in state law.
TIER 2 HOME LICENSURE
This bill clarifies that a tier 2 home is subject to the licensure and fire safety standards as described in the present law above.
TIER 2 MEDICATION ADMINISTRATION
This bill prohibits a nurse from administering medication to residents in a tier 2 home unless the nurse is an advanced practice registered nurse.
ON APRIL 23, 2024, THE SENATE SUBSTITUTED HOUSE BILL 2261 FOR SENATE BILL 2117, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2261, AS AMENDED.
AMENDMENT #1 adds to the present law definition for a "home for the aged," to authorize a tier 2 home for the aged that is licensed by the health facilities commission to administer medications to residents only if the home employs or contracts with a physician, an advanced practice registered nurse, a physician assistant, a licensed practical nurse, or a registered nurse to administer medications to residents in a manner that complies with such practitioner's practice act.

Statutes affected:
Introduced: 68-11-201(23), 68-11-201