NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4474
SPONSOR: Jensen
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
Permits certain nurses to perform medication related tasks provided by a
certified medication aide.
 
SUMMARY OF SPECIFIC PROVISIONS:
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 regu-
lations developed by the commissioner, in consultation with the commis-
sioner of health.
§ 2. Section 6909 of the education law is amended by adding a new subdi-
vision 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 individuals pursuant to the provisions of
subdivision three of section sixty-nine hundred eight of this article
and supervise certified medication aides who perform assigned medica-
tion-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.
 
JUSTIFICATION:
As communities across New York State struggle with nurse staffing short-
ages, particularly in long-term care, it is time to allow for certified
medication aides to be permitted to provide medication-related tasks
performed under the supervision of a registered professional nurse
licensed in New York state. By allowing the introduction of these
healthcare staffers within this scope of practice in residential health
care facilities, it will allow for the administration of medications
which are routine and prefilled or otherwise packaged in a manner that
promotes relative ease, allowing registered professional nurses addi-
tional time to administer and provide care.
 
PRIOR LEGISLATIVE HISTORY:
2023/24: A.8004
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.