On January 15, 2024, Governor Hochul in New York released her proposed Executive Budget. One of the significant proposals in her Health bill focuses on the potential for “certified medication aides” to work in nursing homes. Some of the main provisions of this proposal are as follows:
(1) The nursing profession scope of practice rules in New York shall not prohibit medication-related tasks to be provided by a certified medication aide working in a nursing home – and the Department of Health (“DOH”) shall be tasked with developing regulations governing such aides.
(2) The DOH regulations shall detail the medication-related tasks that may be performed by such aides – including the administration of medications that are routine and pre-filled or otherwise packaged in a fashion that promotes ease of administration. The administration of medications by injection, sterile procedures, and central line maintenance shall not be permitted – except that this prohibition shall not apply to certain injections such as injections of insulin or other injections for diabetes care, or to pre-filled auto-injections of naloxone and epinephrine in the case of an emergency.
(3) The DOH regulations shall also provide that medication-related tasks performed by such aides may only be performed under the supervision of a New York-registered/licensed professional nurse – and the regulations shall establish a specific, detailed process by which a registered professional nurse may assign medication-related tasks to such certified medication aides.
(4) The certified medication aide must meet a series of prerequisites, including, but not limited to, the following: the aide must possess a valid New York State nurse aide certificate; the aide must have at least one year of experience providing nurse aide services in a nursing home; and the aide must complete all required training and competency examinations.
(5) The certified medication aide shall be required to document all medication-related tasks provided to a nursing home resident – including through the use of a medication administration record.
This proposal is subject to further budget negotiations during the current legislative session.
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This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2024 Law Offices of Pullano & Farrow PLLC
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