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PROFESSIONS AND OCCUPATIONS
SENATE BILL 05-155
BY SENATOR(S) Tochtrop, Entz, Johnson, Jones, Kester, Mitchell, Teck, Spence, and Wiens; also REPRESENTATIVE(S) Jahn, Berens, Boyd, Larson, Merrifield, Paccione, Stafford, and Todd.
CONCERNING THE REGULATION OF MEDICATION ADMINISTRATION B Y CERTIFIED NURSE AIDES, AND
M AK ING AN AP P RO P RIATIO N IN CO NNE CTIO N TH E RE W ITH .
Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 1 of article 38.1 of title 12, Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW SECTION to read: 12-38.1-110.5. Medication aides - training - scope of duties - rules - repeal.
(1) PRIOR TO A CERTIFIED NURSE AIDE OBTAINING AUTHORITY AS A MEDICATION AIDETO ADMINISTER MEDICATIONS IN A NURSING FACILITY, THE CERTIFIED NURSE AIDESHALL MEET THE FOLLOWING PREREQUISITES: (a) POSSESSION OF A HIGH SCHOOL DIPLOMA OR A GENERAL EQUIVALENCY (c) THE ABILITY TO READ AND COMPREHEND ENGLISH AND; (d) AT LEAST TWO THOUSAND HOURS WORKING AS A CERTIFIED NURSE AIDE IN A (2) IN ADDITION TO MEETING THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION, AN APPLICANT FOR MEDICATION AIDE AUTHORITY SHALL SUCCESSFULLYCOMPLETE EDUCATION IN THE FOLLOWING COURSES THAT ARE INTENDED TO PROVIDETRAINING AND EXPERIENCE IN MEDICATION ADMINISTRATION: (a) TRAINING COURSES OFFERED IN A PRACTICAL NURSING OR LICENSED )))))Capital letters indicate new m aterial added to existing statutes; dashes through words indicate deletionsfrom existing statutes and such m aterial not part of act. PSYCHIATRIC TECHNICIAN EDUCATIONAL PROGRAM CONDUCTED BY AN EDUCATIONALOR HEALTH CARE INSTITUTION THAT INCLUDE THE FOLLOWING TOPICS AND NUMBERSOF CREDIT HOURS: (I) FOUR CREDIT HOURS IN BIOLOGY, ANATOMY, AND PHYSIOLOGY; (II) ONE CREDIT HOUR IN PHARMACOLOGY CALCULATIONS; (III) TWO CREDIT HOURS IN PHARMACOLOGY; AND (IV) ONE CREDIT HOUR IN HEALTH ASSESSMENT.
(b) TWO CREDIT HOURS IN A MEDICATION ADMINISTRATION PRACTICUM AT THE FACILITY WHERE THE APPLICANT IS EMPLOYED UNDER THE SUPERVISION OF ALICENSED STAFF MEMBER AT THE FACILITY.
(3) (a) AFTER DEMONSTRATING TO THE BOARD THAT THE CERTIFIED NURSE AIDE HAS COMPLIED WITH THE REQUIREMENTS OF SUBSECTIONS (1) AND (2) OF THISSECTION, A CERTIFIED NURSE AIDE SHALL APPLY TO THE BOARD TO TAKE AMEDICATION ADMINISTRATION EXAMINATION APPROVED BY THE BOARD. IF THECERTIFIED NURSE AIDE PASSES THE EXAMINATION, THE BOARD SHALL GRANT THECERTIFIED NURSE AIDE AUTHORITY TO PERFORM THE FOLLOWING TASKS, IN A NURSINGFACILITY ONLY: (I) MEASUREMENT AND DOCUMENTATION OF VITAL SIGNS PRIOR TO ADMINISTERING (II) ADMINISTRATION OF ROUTINELY PRESCRIBED ORAL MEDICATIONS, WHICH THE MEDICATION AIDE HAS PERSONALLY PREPARED, INCLUDING THE CRUSHING ANDADMINISTERING OF MEDICATIONS IF SUCH PREPARATION IS APPROPRIATE ACCORDINGTO THE MANUFACTURER'S INSTRUCTIONS AND A PHYSICIAN'S ORDER, AND EXCLUDINGCOUMADIN AND ITS DERIVATIVES AND ANY SCHEDULED DRUGS; AND (III) DOCUMENTATION OF ANY MEDICATIONS PERSONALLY ADMINISTERED BY THE (b) A MEDICATION AIDE SHALL REPORT MEDICATION ADMINISTRATION ERRORS IMMEDIATELY TO HIS OR HER SUPERVISOR.
(4) THE BOARD SHALL PROMULGATE RULES REGARDING THE SUPERVISION REQUIREMENTS FOR A MEDICATION AIDE, THE REQUIREMENTS FOR A REGISTEREDNURSE TO PERFORM A PATIENT ASSESSMENT BEFORE A MEDICATION AIDE ADMINISTERSMEDICATIONS TO THE PATIENT, AND REQUIREMENTS FOR A REGISTERED NURSE TOREVIEW MEDICATIONS TO BE ADMINISTERED BY A MEDICATION AIDE.
(5) THE ADMINISTRATION OF MEDICATIONS BY MEDICATION AIDES SHALL NOT ALTER ANY REQUIREMENT OR LIMITATION APPLICABLE TO THE DELEGATION OFNURSING TASKS PURSUANT TO SECTION 12-38-132.
(6) (a) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2010.
(b) PRIOR TO SUCH REPEAL, THE TRAINING, EDUCATION, AND FUNCTIONS OF MEDICATION AIDES SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 24-34-104,C.R.S.
SECTION 2. The introductory portion to 12-38.1-111 (1), Colorado Revised
Statutes, is amended, and the said 12-38.1-111 (1) is further amended BY THEADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read: 12-38.1-111. Grounds for discipline. (1) The board may suspend, revoke, or
deny any certification to practice as a nurse aide OR ANY AUTHORITY TO PRACTICE ASA MEDICATION AIDE or issue a letter of admonition upon proof that such person: (p) HAS WILLFULLY OR NEGLIGENTLY ACTED IN A MANNER INCONSISTENT WITH THE HEALTH OR SAFETY OF PERSONS UNDER HIS OR HER CARE; (q) HAS WILLFULLY OR NEGLIGENTLY PRACTICED AS A MEDICATION AIDE IN A MANNER THAT DOES NOT MEET GENERALLY ACCEPTED STANDARDS FOR SUCHPRACTICE; OR (r) HAS WILLFULLY OR NEGLIGENTLY VIOLATED ANY ORDER OR RULE OF THE BOARD PERTAINING TO THE PRACTICE OR AUTHORIZATION AS A MEDICATION AIDE.
SECTION 3. 12-38.1-111, Colorado Revised Statutes, is amended BY THE
12-38.1-111. Grounds for discipline. (4) AN EMPLOYER OF A MEDICATION AIDE
SHALL REPORT CONDUCT THAT CONSTITUTES GROUNDS FOR DISCIPLINE PURSUANT TOTHIS SECTION TO THE BOARD AND ANY DISCIPLINARY ACTION TAKEN BY THEEMPLOYER AGAINST A MEDICATION AIDE OR THE RESIGNATION OF A MEDICATION AIDEIN LIEU OF A DISCIPLINARY ACTION RESULTING FROM SUCH CONDUCT.
SECTION 4. 24-34-104 (41), Colorado Revised Statutes, is amended BY THE
24-34-104. General assembly review of regulatory agencies and functions for
termination, continuation, or reestablishment. (41) The following agencies,
functions, or both, shall terminate on July 1, 2010:
(r) THE TRAINING, EDUCATION, AND FUNCTIONS OF MEDICATION AIDES PURSUANT SECTION 5. Repeal. 12-38.1-104 (3) (a), Colorado Revised Statutes, is
12-38.1-104. Application for certification - fee. (3) (a) Every applicant seeking
certification pursuant to this section shall submit a criminal history record check thatshall be conducted within the ninety-day period prior to submittal of the applicationand paid for as prescribed by the board. The board shall use the information resultingfrom each criminal history record check to determine whether an applicant isqualified for certification pursuant to this section.
SECTION 6. Repeal. 12-38.1-105 (1) (c), Colorado Revised Statutes, is
12-38.1-105. Application for certification by competency evaluation.
(1) Every applicant for certification by competency evaluation shall pay the requiredapplication fee and shall submit written evidence that said applicant: (c) Has had a criminal history background check conducted within the ninety-day SECTION 7. Repeal. 12-38.1-106 (1) (e), Colorado Revised Statutes, is
12-38.1-106. Application for certification by endorsement. (1) Every
applicant for certification by endorsement shall pay the required application fee, shallsubmit the information required by the board in the manner and form specified by theboard, and shall submit written evidence that said applicant: (e) Has had a criminal history background check conducted within the ninety-day SECTION 8. Repeal. 12-38-108 (1) (l) (I) (A) and (1) (l) (I) (C), Colorado
Revised Statutes, are repealed as follows: 12-38-108. Powers and duties of the board. (1) The board has the following
(l) (I) (A) To require criminal history record checks as evidence of criminal convictions on applicants for certification as nurse aides pursuant to section12-38.1-104; (C) To study new technology regarding criminal background checks for the purpose of conducting statewide and national fingerprint-based criminal historyrecord checks on nurse aide certification applicants. On or before September 1,2003, the board shall report and make recommendations to the health care task forcecreated in section 26-15-107, C.R.S., regarding the feasibility of requiring nurseaides to submit to statewide and national fingerprint-based criminal history recordchecks in order to obtain certification pursuant to article 38.1 of this title.
SECTION 9. Repeal. 24-34-104 (39) (b) (XXII), Colorado Revised Statutes, is
24-34-104. General assembly review of regulatory agencies and functions for
termination, continuation, or reestablishment. (39) (b) The following agencies,
functions, or both, shall terminate on July 1, 2008:
(XXII) The training, education, and functions of medication aides pursuant to section 12-38.1-110.5, C.R.S.
SECTION 10. Appropriation - Adjustment to 2005 Long Bill. (1) In addition
to any other appropriation, there is hereby appropriated, out of any moneys in the division of registrations cash fund created pursuant to section 24-34-105, ColoradoRevised Statutes, not otherwise appropriated, to the department of regulatoryagencies, division of registrations, for the fiscal year beginning July 1, 2005, the sumof twenty-one thousand three hundred twenty-two dollars ($21,322) for theimplementation of this act.
(2) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 2005, the sum of sevenhundred thirty-nine dollars ($739), or so much thereof as may be necessary, for theprovision of legal services to the department of regulatory agencies related to theimplementation of this act. Said sum shall be from cash funds exempt received fromthe department of regulatory agencies out of the appropriation made in subsection (1)of this section.
(3) For implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2005 shall be adjusted asfollows: The cash funds appropriation to the department of public safety, Coloradobureau of investigation, Colorado crime information center, identification, forprogram costs, is decreased by fifteen thousand four hundred thirteen dollars($15,413). Said sum shall be from fingerprint and name check processing feescollected by the department.
SECTION 11. Effective date. This act shall take effect at 12:01 a.m. on the day
following the expiration of the ninety-day period after final adjournment of thegeneral assembly that is allowed for submitting a referendum petition pursuant toarticle V, section 1 (3) of the state constitution (August 10, 2005, if adjournment sinedie is on May 11, 2005); except that, if a referendum petition is filed against this actor an item, section, or part of this act within such period, then the act, item, section,or part, if approved by the people, shall take effect on the date of the officialdeclaration of the vote thereon by proclamation of the governor.

Source: http://tornado.state.co.us/gov_dir/leg_dir/olls/sl2005a/sl_259.pdf