AR
Arkansas House Bill HB1182

Arkansas 2025 Regular Session

Arkansas House Bill HB1182 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 265 of the Regular Session
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43 State of Arkansas 1
54 95th General Assembly A Bill 2
65 Regular Session, 2025 HOUSE BILL 1182 3
76 4
87 By: Representative Bentley 5
98 By: Senator Irvin 6
109 7
1110 For An Act To Be Entitled 8
1211 AN ACT TO REPLACE THE DEFINED TERM "MEDICATION 9
1312 ASSISTIVE PERSON" WITH THE DEFINED TERM "CERTIFIED 10
1413 MEDICATION ASSISTANT" THROUGHOUT § 17 -87-701 ET SEQ.; 11
1514 TO SET FORTH THE CERTIFICATION REQUIREMENTS, 12
1615 QUALIFICATIONS, AND THE SCOPE OF PRACTICE FOR A 13
1716 CERTIFIED MEDICATION ASSISTANT; AND FOR OTHER 14
1817 PURPOSES. 15
1918 16
2019 17
2120 Subtitle 18
2221 TO REPLACE THE DEFINED TERM "MEDICATION 19
2322 ASSISTIVE PERSON" WITH THE DEFINED TERM 20
2423 "CERTIFIED MEDICATION ASSISTANT" 21
2524 THROUGHOUT § 17-87-701 ET SEQ. 22
2625 23
2726 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
2827 25
2928 SECTION 1. Arkansas Code § 17-87-701 - 17-87-708 are amended to read 26
3029 as follows: 27
3130 17-87-701. Definitions. 28
3231 As used in this subchapter: 29
3332 (1) “Board” means the Arkansas State Board of Nursing "Certified 30
3433 medication assistant" means a person who is certified by the board to 31
3534 administer certain nonprescription and legend drugs in designated facilities ; 32
3635 (2) “Designated facility” means a type of facility determined by 33
3736 the board as an environment in which medication assistive persons a certified 34
3837 medication assistant may serve in accordance with the requirements of this 35
3938 subchapter and rules promulgated by the board; 36 HB1182
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4241 (3) “Medication assistive person” means a person who is 1
4342 certified by the board to administer certain nonprescription and legend drugs 2
4443 in designated facilities ; and 3
4544 (4)(3) “Supervision” means the active oversight of patient care 4
4645 services while on the premises of a designated facility in a manner defined 5
4746 by the board. 6
4847 7
4948 17-87-702. Certificate required. 8
5049 In order to safeguard life and health, any a person serving or offering 9
5150 to serve as a medication assistive person certified medication assistant 10
5251 shall: 11
5352 (1) Submit evidence that he or she is qualified to so serve; and 12
5453 (2) Be certified as provided in this subchapter. 13
5554 14
5655 17-87-703. Designated facilities — Notification of use of certified 15
5756 medication assistants required . 16
5857 (a) The Arkansas State Board of Nursing shall designate the types of 17
5958 facilities that may use medication assistive persons. 18
6059 (b)(1) Designated facilities may not be required to use medication 19
6160 assistive persons. 20
6261 (2) However, if a designated facility elects to use medication 21
6362 assistive personnel, the facility shall notify the board in a manner 22
6463 prescribed by the board. 23
6564 (a) The Arkansas State Board of Nursing shall not require a designated 24
6665 facility to use certified medication assistants. 25
6766 (b) A designated facility that elects to use certified medication 26
6867 assistants shall notify the board in a manner prescribed by the board. 27
6968 28
7069 17-87-704. Qualifications. 29
7170 (a) In order to To be certified as a medication assistive person 30
7271 certified medication assistant , an applicant shall submit to the Arkansas 31
7372 State Board of Nursing written evidence, verified by oath, that the 32
7473 applicant: 33
7574 (1) The applicant meets all of the following requirements: 34
7675 (A) Is currently listed in good standing on the state's 35
7776 certified nurse aide registry; 36 HB1182
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8079 (B) Has maintained registration on the state's certified 1
8180 nurse aide registry continuously for a minimum of one (1) year; 2
8281 (C) Has completed at least one (1) continuous year of 3
8382 full-time experience as a certified nurse aide in this state; 4
8483 (D)(B) Is currently employed at a designated facility; 5
8584 (E)(C) Has a high school diploma or the equivalent; 6
8685 (F)(D) Has successfully completed a literacy and reading 7
8786 comprehension screening process approved by the board; 8
8887 (G)(E) Has successfully completed a medication assistive 9
8988 person certified medication assistant training course of not less than one 10
9089 hundred (100) one hundred fifteen (115) hours approved by the board; and 11
9190 (H)(F) Has successfully passed an examination on subjects 12
9291 the board determines; or 13
9392 (2)(A)(2) The applicant has: 14
9493 (A) Completed Has completed a portion of a nursing 15
9594 education program equivalent to the medication assistive person certified 16
9695 medication assistant training course; and 17
9796 (B) Passed the medication aide certified medication 18
9897 assistant examination. 19
9998 (b) The board may issue a certification as a medication assistive 20
10099 person certified medication assistant by endorsement to an applicant who has 21
101100 been licensed or certified as a medication assistive person certified 22
102101 medication assistant under the laws of another state or territory, if: 23
103102 (1) In the opinion of the board, the applicant meets the 24
104103 qualifications of medication assistive persons a certified medication 25
105104 assistant in this state; and 26
106105 (2) The board recommends certification. 27
107106 (c) Any A person holding a certification as a medication assistive 28
108107 person shall have the right to certified medication assistant may use the 29
109108 title “medication assistive person” "certified medication assistant" or 30
110109 "medication assistant - certified" and the abbreviation “M.A.P.” "C.M.A." or 31
111110 "M.A. - C.". 32
112111 (d) The training courses for medication assistive persons a certified 33
113112 medication assistant may be provided by a postsecondary educational 34
114113 institution, a hospital, or a consortium of five (5) or more skilled nursing 35
115114 facilities. 36 HB1182
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118117 1
119118 17-87-705. Scope of work. 2
120119 (a)(1) A medication assistive person certified medication assistant 3
121120 may perform the delegated nursing function of medication administration and 4
122121 related tasks in accordance with rules promulgated by the Arkansas State 5
123122 Board of Nursing. 6
124123 (2) A medication assistive person certified medication assistant 7
125124 shall perform medication administration and related tasks only: 8
126125 (A) At a designated facility; and 9
127126 (B) Under the supervision of a licensed nurse. 10
128127 (3)(A) Medication administration shall be limited to the 11
129128 administration of nonprescription and legend drugs ordered by an authorized 12
130129 prescriber by the following methods: 13
131130 (i) Orally; 14
132131 (ii) Topically; 15
133132 (iii) Drops for eye, ear, or nose; 16
134133 (iv) Vaginally; 17
135134 (v) Rectally; 18
136135 (vi) Transdermally; and 19
137136 (vii) Via oral inhaler Inhalation; and 20
138137 (viii) Subcutaneous injections of insulin . 21
139138 (B) Medication administration by a medication assistive 22
140139 person certified medication assistant shall not include controlled 23
141140 substances. 24
142141 (b) A medication assistive person certified medication assistant shall 25
143142 not: 26
144143 (1) Receive, have access to, or administer any controlled 27
145144 substance; 28
146145 (2) Administer parenteral, enteral, or injectable medications , 29
147146 except as authorized under this subchapter ; 30
148147 (3) Administer any substances by nasogastric or gastrostomy 31
149148 tubes; 32
150149 (4) Calculate drug dosages; 33
151150 (5) Destroy medication; 34
152151 (6) Receive orders, either in writing or verbally, for new or 35
153152 changed medications; 36 HB1182
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156155 (7) Transcribe orders from the medical record; 1
157156 (8) Order initial medications; 2
158157 (9) Evaluate medication error reports; 3
159158 (10) Perform treatments; 4
160159 (11) Conduct patient assessments or evaluations; or 5
161160 (12) Engage in patient teaching activities. 6
162161 7
163162 17-87-706. Renewal of certifications. 8
164163 (a)(1) The Arkansas State Board of Nursing shall prescribe the 9
165164 procedure for the cyclical renewal of medication assistive person 10
166165 certifications the certification of a certified medication assistant . 11
167166 (2) In each case, the board shall mail a notification for 12
168167 renewal to the medication assistive person certified medication assistant at 13
169168 least thirty (30) days before the expiration date of the certification. 14
170169 (b)(1) Upon receipt of the renewal application and the fee, the board 15
171170 shall verify the accuracy of the application. 16
172171 (2)(A) If the board finds the application to be accurate, the 17
173172 board shall issue a certificate of renewal to the applicant. 18
174173 (B) As a condition of certification renewal, a medication 19
175174 assistive person certified medication assistant shall be: 20
176175 (i) Currently listed in good standing on the state's 21
177176 certified nurse aide registry; and 22
178177 (ii) Required to satisfactorily complete at least 23
179178 eight (8) hours of continuing medication education course work as required by 24
180179 the board. 25
181180 (c) The renewal shall render A renewal of a certificate under this 26
182181 section renders the holder of the certificate a legal provider of medication 27
183182 assistive person certified medication assistant services for the period 28
184183 stated in the certificate of renewal. 29
185184 (d) Any medication assistive person A certified medication assistant 30
186185 who allows his or her certification to lapse by failing to renew the 31
187186 certification as provided in this section may be reinstated by the board on: 32
188187 (1) Payment of the renewal fee plus a penalty; and 33
189188 (2) Submission of evidence that the person currently meets the 34
190189 requirements to serve as a medication assistive person certified medication 35
191190 assistant. 36 HB1182
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194193 (e) Any A person providing services as a medication assistive person 1
195194 certified medication assistant during the time his or her certification has 2
196195 lapsed shall be considered to be is providing services illegally and shall be 3
197196 subject to the penalties provided for violations of this subchapter. 4
198197 5
199198 17-87-707. Disciplinary actions. 6
200199 (a) The Arkansas State Board of Nursing shall have has sole authority 7
201200 to deny, suspend, revoke, or limit any medication assistive person 8
202201 certificate of a certified medication assistant issued by the board or 9
203202 applied for in accordance with the provisions of this subchapter or to 10
204203 otherwise discipline a certificate holder upon proof that the person: 11
205204 (1) Has been found guilty of or pleads guilty or nolo contendere 12
206205 to: 13
207206 (A) Fraud or deceit in procuring or attempting to procure 14
208207 a medication assistive person certificate of a certified medication 15
209208 assistant; or 16
210209 (B) Providing services as a medication assistive person 17
211210 certified medication assistant without a valid certificate; 18
212211 (2) Is unfit or incompetent by reason of negligence, habits, or 19
213212 other causes; 20
214213 (3) Is habitually intemperate or is addicted to the use of 21
215214 habit-forming drugs; 22
216215 (4) Is mentally incompetent; 23
217216 (5) Is guilty of unprofessional conduct; 24
218217 (6) Has had a license, certificate, or registration revoked or 25
219218 suspended; 26
220219 (7) Has been placed on probation or under disciplinary order in 27
221220 any jurisdiction; 28
222221 (8) Has voluntarily surrendered a license, certification, or 29
223222 registration and has not been reinstated in any jurisdiction; or 30
224223 (9) Has willfully or repeatedly violated any of the provisions 31
225224 of this subchapter. 32
226225 (b) The board shall refuse to issue or shall revoke the certificate of 33
227226 any person who would be disqualified from employment under the provisions of 34
228227 § 20-33-213. 35
229228 (c) Proceedings under this section shall be conducted in accordance 36 HB1182
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232231 with the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 1
233232 2
234233 17-87-708. Penalty. 3
235234 (a)(1) It shall be a misdemeanor for any person to It is unlawful for 4
236235 a person to: 5
237236 (A) Sell or fraudulently obtain or furnish any medication 6
238237 assistive person's certified medication assistant's certificate, renewal, or 7
239238 record or aid or abet in any such sale or fraud; 8
240239 (B) Serve as a medication assistive person certified 9
241240 medication assistant under cover of any certificate or record illegally or 10
242241 fraudulently obtained or signed or issued unlawfully or under fraudulent 11
243242 representation; 12
244243 (C) Serve as a medication assistive person certified 13
245244 medication assistant unless certified by the Arkansas State Board of Nursing; 14
246245 (D) Use in connection with his or her name any of the 15
247246 following titles, names, or initials if the user is not properly certified 16
248247 under this subchapter: 17
249248 (i) Medication assistive person; 18
250249 (ii) M.A.P.; 19
251250 (iii) Medication aide; 20
252251 (iv)(ii) Medication technician; 21
253252 (v)(iii) Medication assistant; 22
254253 (vi)(iv) Certified medication aide assistant; 23
255254 (vii)(v) C.M.A.; 24
256255 (viii)(vi) Medication assistant – Certified; 25
257256 (ix)(vii) MA – C; or 26
258257 (x)(viii) Any other name, title, or initials that 27
259258 would cause a reasonable person to believe the user is certified under this 28
260259 subchapter; 29
261260 (E) Serve as a medication assistive person certified 30
262261 medication assistant during the time his or her certification is suspended; 31
263262 (F) Conduct an education program for the preparation of 32
264263 medication assistive persons certified medication assistants unless the 33
265264 program has been approved by the board; or 34
266265 (G) Otherwise violate any provisions of this subchapter. 35
267266 (2)(A) A misdemeanor violation under subdivision (a)(1) of this 36 HB1182
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270269 section shall be is a violation punishable by a fine of not less than twenty -1
271270 five dollars ($25.00) or more than five hundred dollars ($500). 2
272271 (B) Each subsequent offense under subdivision (a)(1) of 3
273272 this section shall be punishable by a fine of not more than five hundred 4
274273 dollars ($500) or by imprisonment of not more than thirty (30) days, or by 5
275274 both a fine and imprisonment is a Class C misdemeanor . 6
276275 (b)(1) After providing notice and a hearing, the board may levy civil 7
277276 penalties in an amount not to exceed one thousand dollars ($1,000) against a 8
278277 person or entity for each violation of this subchapter or rules promulgated 9
279278 under this subchapter. 10
280279 (2) Each day of violation shall be a separate offense. 11
281280 (c)(3) Unless a penalty assessed under this section subsection is paid 12
282281 within fifteen (15) calendar days following the date for an appeal from the 13
283282 order, the board may file suit in Pulaski County Circuit Court to obtain a 14
284283 judgment for the amount of penalty not paid. 15
285284 (d)(c) The penalties permitted in this section shall be in addition to 16
286285 other penalties that may be imposed by the board under this subchapter. 17
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