Stricken language would be deleted from and underlined language would be added to present law.
Act 265 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1182 3
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By: Representative Bentley 5
By: Senator Irvin 6
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For An Act To Be Entitled 8
AN ACT TO REPLACE THE DEFINED TERM "MEDICATION 9
ASSISTIVE PERSON" WITH THE DEFINED TERM "CERTIFIED 10
MEDICATION ASSISTANT" THROUGHOUT § 17 -87-701 ET SEQ.; 11
TO SET FORTH THE CERTIFICATION REQUIREMENTS, 12
QUALIFICATIONS, AND THE SCOPE OF PRACTICE FOR A 13
CERTIFIED MEDICATION ASSISTANT; AND FOR OTHER 14
PURPOSES. 15
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Subtitle 18
TO REPLACE THE DEFINED TERM "MEDICATION 19
ASSISTIVE PERSON" WITH THE DEFINED TERM 20
"CERTIFIED MEDICATION ASSISTANT" 21
THROUGHOUT § 17-87-701 ET SEQ. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code § 17-87-701 - 17-87-708 are amended to read 26
as follows: 27
17-87-701. Definitions. 28
As used in this subchapter: 29
(1) “Board” means the Arkansas State Board of Nursing "Certified 30
medication assistant" means a person who is certified by the board to 31
administer certain nonprescription and legend drugs in designated facilities ; 32
(2) “Designated facility” means a type of facility determined by 33
the board as an environment in which medication assistive persons a certified 34
medication assistant may serve in accordance with the requirements of this 35
subchapter and rules promulgated by the board; 36 HB1182
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(3) “Medication assistive person” means a person who is 1
certified by the board to administer certain nonprescription and legend drugs 2
in designated facilities ; and 3
(4)(3) “Supervision” means the active oversight of patient care 4
services while on the premises of a designated facility in a manner defined 5
by the board. 6
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17-87-702. Certificate required. 8
In order to safeguard life and health, any a person serving or offering 9
to serve as a medication assistive person certified medication assistant 10
shall: 11
(1) Submit evidence that he or she is qualified to so serve; and 12
(2) Be certified as provided in this subchapter. 13
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17-87-703. Designated facilities — Notification of use of certified 15
medication assistants required . 16
(a) The Arkansas State Board of Nursing shall designate the types of 17
facilities that may use medication assistive persons. 18
(b)(1) Designated facilities may not be required to use medication 19
assistive persons. 20
(2) However, if a designated facility elects to use medication 21
assistive personnel, the facility shall notify the board in a manner 22
prescribed by the board. 23
(a) The Arkansas State Board of Nursing shall not require a designated 24
facility to use certified medication assistants. 25
(b) A designated facility that elects to use certified medication 26
assistants shall notify the board in a manner prescribed by the board. 27
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17-87-704. Qualifications. 29
(a) In order to To be certified as a medication assistive person 30
certified medication assistant , an applicant shall submit to the Arkansas 31
State Board of Nursing written evidence, verified by oath, that the 32
applicant: 33
(1) The applicant meets all of the following requirements: 34
(A) Is currently listed in good standing on the state's 35
certified nurse aide registry; 36 HB1182
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(B) Has maintained registration on the state's certified 1
nurse aide registry continuously for a minimum of one (1) year; 2
(C) Has completed at least one (1) continuous year of 3
full-time experience as a certified nurse aide in this state; 4
(D)(B) Is currently employed at a designated facility; 5
(E)(C) Has a high school diploma or the equivalent; 6
(F)(D) Has successfully completed a literacy and reading 7
comprehension screening process approved by the board; 8
(G)(E) Has successfully completed a medication assistive 9
person certified medication assistant training course of not less than one 10
hundred (100) one hundred fifteen (115) hours approved by the board; and 11
(H)(F) Has successfully passed an examination on subjects 12
the board determines; or 13
(2)(A)(2) The applicant has: 14
(A) Completed Has completed a portion of a nursing 15
education program equivalent to the medication assistive person certified 16
medication assistant training course; and 17
(B) Passed the medication aide certified medication 18
assistant examination. 19
(b) The board may issue a certification as a medication assistive 20
person certified medication assistant by endorsement to an applicant who has 21
been licensed or certified as a medication assistive person certified 22
medication assistant under the laws of another state or territory, if: 23
(1) In the opinion of the board, the applicant meets the 24
qualifications of medication assistive persons a certified medication 25
assistant in this state; and 26
(2) The board recommends certification. 27
(c) Any A person holding a certification as a medication assistive 28
person shall have the right to certified medication assistant may use the 29
title “medication assistive person” "certified medication assistant" or 30
"medication assistant - certified" and the abbreviation “M.A.P.” "C.M.A." or 31
"M.A. - C.". 32
(d) The training courses for medication assistive persons a certified 33
medication assistant may be provided by a postsecondary educational 34
institution, a hospital, or a consortium of five (5) or more skilled nursing 35
facilities. 36 HB1182
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1
17-87-705. Scope of work. 2
(a)(1) A medication assistive person certified medication assistant 3
may perform the delegated nursing function of medication administration and 4
related tasks in accordance with rules promulgated by the Arkansas State 5
Board of Nursing. 6
(2) A medication assistive person certified medication assistant 7
shall perform medication administration and related tasks only: 8
(A) At a designated facility; and 9
(B) Under the supervision of a licensed nurse. 10
(3)(A) Medication administration shall be limited to the 11
administration of nonprescription and legend drugs ordered by an authorized 12
prescriber by the following methods: 13
(i) Orally; 14
(ii) Topically; 15
(iii) Drops for eye, ear, or nose; 16
(iv) Vaginally; 17
(v) Rectally; 18
(vi) Transdermally; and 19
(vii) Via oral inhaler Inhalation; and 20
(viii) Subcutaneous injections of insulin . 21
(B) Medication administration by a medication assistive 22
person certified medication assistant shall not include controlled 23
substances. 24
(b) A medication assistive person certified medication assistant shall 25
not: 26
(1) Receive, have access to, or administer any controlled 27
substance; 28
(2) Administer parenteral, enteral, or injectable medications , 29
except as authorized under this subchapter ; 30
(3) Administer any substances by nasogastric or gastrostomy 31
tubes; 32
(4) Calculate drug dosages; 33
(5) Destroy medication; 34
(6) Receive orders, either in writing or verbally, for new or 35
changed medications; 36 HB1182
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(7) Transcribe orders from the medical record; 1
(8) Order initial medications; 2
(9) Evaluate medication error reports; 3
(10) Perform treatments; 4
(11) Conduct patient assessments or evaluations; or 5
(12) Engage in patient teaching activities. 6
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17-87-706. Renewal of certifications. 8
(a)(1) The Arkansas State Board of Nursing shall prescribe the 9
procedure for the cyclical renewal of medication assistive person 10
certifications the certification of a certified medication assistant . 11
(2) In each case, the board shall mail a notification for 12
renewal to the medication assistive person certified medication assistant at 13
least thirty (30) days before the expiration date of the certification. 14
(b)(1) Upon receipt of the renewal application and the fee, the board 15
shall verify the accuracy of the application. 16
(2)(A) If the board finds the application to be accurate, the 17
board shall issue a certificate of renewal to the applicant. 18
(B) As a condition of certification renewal, a medication 19
assistive person certified medication assistant shall be: 20
(i) Currently listed in good standing on the state's 21
certified nurse aide registry; and 22
(ii) Required to satisfactorily complete at least 23
eight (8) hours of continuing medication education course work as required by 24
the board. 25
(c) The renewal shall render A renewal of a certificate under this 26
section renders the holder of the certificate a legal provider of medication 27
assistive person certified medication assistant services for the period 28
stated in the certificate of renewal. 29
(d) Any medication assistive person A certified medication assistant 30
who allows his or her certification to lapse by failing to renew the 31
certification as provided in this section may be reinstated by the board on: 32
(1) Payment of the renewal fee plus a penalty; and 33
(2) Submission of evidence that the person currently meets the 34
requirements to serve as a medication assistive person certified medication 35
assistant. 36 HB1182
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(e) Any A person providing services as a medication assistive person 1
certified medication assistant during the time his or her certification has 2
lapsed shall be considered to be is providing services illegally and shall be 3
subject to the penalties provided for violations of this subchapter. 4
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17-87-707. Disciplinary actions. 6
(a) The Arkansas State Board of Nursing shall have has sole authority 7
to deny, suspend, revoke, or limit any medication assistive person 8
certificate of a certified medication assistant issued by the board or 9
applied for in accordance with the provisions of this subchapter or to 10
otherwise discipline a certificate holder upon proof that the person: 11
(1) Has been found guilty of or pleads guilty or nolo contendere 12
to: 13
(A) Fraud or deceit in procuring or attempting to procure 14
a medication assistive person certificate of a certified medication 15
assistant; or 16
(B) Providing services as a medication assistive person 17
certified medication assistant without a valid certificate; 18
(2) Is unfit or incompetent by reason of negligence, habits, or 19
other causes; 20
(3) Is habitually intemperate or is addicted to the use of 21
habit-forming drugs; 22
(4) Is mentally incompetent; 23
(5) Is guilty of unprofessional conduct; 24
(6) Has had a license, certificate, or registration revoked or 25
suspended; 26
(7) Has been placed on probation or under disciplinary order in 27
any jurisdiction; 28
(8) Has voluntarily surrendered a license, certification, or 29
registration and has not been reinstated in any jurisdiction; or 30
(9) Has willfully or repeatedly violated any of the provisions 31
of this subchapter. 32
(b) The board shall refuse to issue or shall revoke the certificate of 33
any person who would be disqualified from employment under the provisions of 34
§ 20-33-213. 35
(c) Proceedings under this section shall be conducted in accordance 36 HB1182
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with the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 1
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17-87-708. Penalty. 3
(a)(1) It shall be a misdemeanor for any person to It is unlawful for 4
a person to: 5
(A) Sell or fraudulently obtain or furnish any medication 6
assistive person's certified medication assistant's certificate, renewal, or 7
record or aid or abet in any such sale or fraud; 8
(B) Serve as a medication assistive person certified 9
medication assistant under cover of any certificate or record illegally or 10
fraudulently obtained or signed or issued unlawfully or under fraudulent 11
representation; 12
(C) Serve as a medication assistive person certified 13
medication assistant unless certified by the Arkansas State Board of Nursing; 14
(D) Use in connection with his or her name any of the 15
following titles, names, or initials if the user is not properly certified 16
under this subchapter: 17
(i) Medication assistive person; 18
(ii) M.A.P.; 19
(iii) Medication aide; 20
(iv)(ii) Medication technician; 21
(v)(iii) Medication assistant; 22
(vi)(iv) Certified medication aide assistant; 23
(vii)(v) C.M.A.; 24
(viii)(vi) Medication assistant – Certified; 25
(ix)(vii) MA – C; or 26
(x)(viii) Any other name, title, or initials that 27
would cause a reasonable person to believe the user is certified under this 28
subchapter; 29
(E) Serve as a medication assistive person certified 30
medication assistant during the time his or her certification is suspended; 31
(F) Conduct an education program for the preparation of 32
medication assistive persons certified medication assistants unless the 33
program has been approved by the board; or 34
(G) Otherwise violate any provisions of this subchapter. 35
(2)(A) A misdemeanor violation under subdivision (a)(1) of this 36 HB1182
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section shall be is a violation punishable by a fine of not less than twenty -1
five dollars ($25.00) or more than five hundred dollars ($500). 2
(B) Each subsequent offense under subdivision (a)(1) of 3
this section shall be punishable by a fine of not more than five hundred 4
dollars ($500) or by imprisonment of not more than thirty (30) days, or by 5
both a fine and imprisonment is a Class C misdemeanor . 6
(b)(1) After providing notice and a hearing, the board may levy civil 7
penalties in an amount not to exceed one thousand dollars ($1,000) against a 8
person or entity for each violation of this subchapter or rules promulgated 9
under this subchapter. 10
(2) Each day of violation shall be a separate offense. 11
(c)(3) Unless a penalty assessed under this section subsection is paid 12
within fifteen (15) calendar days following the date for an appeal from the 13
order, the board may file suit in Pulaski County Circuit Court to obtain a 14
judgment for the amount of penalty not paid. 15
(d)(c) The penalties permitted in this section shall be in addition to 16
other penalties that may be imposed by the board under this subchapter. 17
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APPROVED: 3/12/25 20
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