HLS 22RS-516 REENGROSSED
2022 Regular Session
HOUSE BILL NO. 189
BY REPRESENTATIVES BAGLEY, TRAVIS JOHNSON, AND MCMAHEN
HEALTH SERVICES: Provides for settings in which medication attendant services may
be provided
1 AN ACT
2To amend and reenact the heading of Part I-A of Chapter 11-A of Title 37 of the Louisiana
3 Revised Statutes of 1950 and R.S. 37:1026.1, 1026.2, 1026.3(4), 1026.4, 1026.6(A)
4 and (B)(6), 1026.7(8), and 1026.8, relative to medication attendant services; to
5 provide for applicable facilities; to provide for definitions; to provide for
6 authorizations and prohibitions of medication attendants; to provide for the
7 promulgation of rules and regulations; to provide for applicant qualifications for the
8 Medication administration course; to provide for registration information; and to
9 provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. The heading of Part I-A of Chapter 11-A of Title 37 of the Louisiana
12Revised Statutes of 1950 and R.S. 37:1026.1, 1026.2, 1026.3(4), 1026.4, 1026.6(A) and
13(B)(6), 1026.7(8), and 1026.8 are hereby amended and reenacted to read as follows:
14 PART I-A. MEDICATION ATTENDANTS IN LICENSED NURSING HOMES
15 LICENSED LONG-TERM CARE FACILITIES
16 §1026.1. Purpose
17 The purpose of this Part is to create a program that shall authorize
18 certification of medication attendants to perform certain functions in licensed nursing
19 homes long-term care facilities. This program shall be administered by the
20 Louisiana Department of Health.
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HB NO. 189
1 §1026.2. Applicability
2 This Part shall apply only to nursing homes licensed long-term care facilities
3 licensed by the Louisiana Department of Health pursuant to R.S. 40:2009.3 as
4 defined in R.S. 37:1026.3.
5 §1026.3. Definitions
6 As used in this Part:
7 * * *
8 (4) "Licensed nursing home long-term care facility" means a facility
9 established and licensed pursuant to R.S. 40:2009.3. any of the following:
10 (a) Nursing home as defined in R.S. 40:2009.2.
11 (b) Adult residential care provider as defined in R.S. 40:2166.3.
12 §1026.4. Medication attendants
13 Persons who have successfully completed an approved medication
14 administration course, passed a qualifying certification examination, and been issued
15 a current certification by the department pursuant to this Part shall be permitted to
16 administer certain medications to residents of licensed nursing homes long-term care
17 facilities and shall be considered direct care staff with regard to nursing homes
18 licensed long-term care facilities. The ratio of supervising licensed personnel to
19 certified medication attendants shall be specified in department rules.
20 * * *
21 §1026.6. Promulgation of rules and regulations
22 A. The department, in consultation with an advisory committee to be
23 comprised of one representative each, designated by the chief elected or
24 administrative officer, of the Louisiana State Nurses' Nurses Association, Louisiana
25 Board of Pharmacy, Louisiana State Board of Practical Nurse Examiners, Louisiana
26 State Board of Nursing, Louisiana State Long-Term Care Ombudsman Program in
27 the office of the governor, Board of Supervisors of Community and Technical
28 Colleges, and Louisiana Nursing Home Association, and Louisiana Assisted Living
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HB NO. 189
1 Association shall promulgate rules and regulations pursuant to the Administrative
2 Procedure Act for the enforcement of this Part by March 31, 2008.
3 B. The rules and regulations shall include but not be limited to:
4 * * *
5 (6) Ratios of supervising licensed nurses to medication attendants in licensed
6 nursing homes long-term care facilities.
7 * * *
8 §1026.7. Medication administration course; qualifications of applicants
9 Each person accepted to participate in the medication administration course
10 shall meet the following minimum qualifications:
11 * * *
12 (8) Have a minimum of one year's experience in a nursing home licensed
13 long-term care facility as a certified nursing assistant or graduated from a nursing
14 program.
15 * * *
16 §1026.8. Registry
17 A permanent register of all persons certified to practice as a medication
18 attendant shall be maintained by the department as part of the nurse aide registry.
19 Any nursing homes licensed long-term care facility utilizing a medication attendant
20 shall verify with this registry that the person has a current certification.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 189 Reengrossed 2022 Regular Session Bagley
Abstract: Provides a definition for and makes provisions applicable to long-term care
facilities.
Present law creates a program to authorize certification of medication attendants to perform
certain functions in licensed nursing homes. Proposed law states that present law shall be
made applicable to licensed long-term care providers licensed by the Louisiana Department
of Health.
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HB NO. 189
Proposed law defines "licensed long-term care facility". Proposed law provides that the term
"licensed long-term care facility" encompasses nursing homes and adult residential care
providers.
Present law provides for persons who have completed an approved medication
administration course, passed a quality certification examination, and been issued a current
certification by the department shall be permitted to administer certain prescribed
medications to residents of licensed nursing homes. Proposed law states that present law
shall be made applicable to licensed long-term care providers licensed by the Louisiana
Department of Health.
Present law states that the rules and regulations shall include but not be limited to ratios of
supervising licensed nurses to medication attendants in licensed nursing homes. Proposed
law states that the rules and regulations shall include but not be limited to ratios of
supervising licensed nurses to medication attendants in licensed long-term care facilities.
Present law requires the promulgation of rules and regulations for the enforcement of this
Part to be done by March 31, 2008. Proposed law removes deadline for the promulgation of
rules and regulations for the enforcement of this Part.
Present law requires each person accepted to participate in the medication administration
course to have a minimum of one year's experience in a nursing home as a certified nursing
assistant or graduated from a nursing program. Proposed law requires each person accepted
to participate in the medication administration course to have a minimum of one year's
experience in a licensed long-term care facility as a certified nursing assistant or graduate
from a nursing program.
Present law requires any nursing home utilizing a medication attendant to verify with the
nurse aide registry that the person has a current certification. Proposed law requires any
licensed long-term care facility utilizing a medication attendant to verify with the nurse aide
registry that the person has a current certification.
(Amends heading of Part I-A of Chapter 11-A of Title 37 of the Louisiana Revised Statutes
of 1950 and R.S. 37:1026.1, 1026.2, 1026.3(4), 1026.4, 1026.6(A) and (B)(6), 1026.7(8), and
1026.8)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Provide that the term "licensed long-term care facility" encompasses nursing
homes and adult residential care providers.
2. Provide citations to the legal definitions for nursing homes and adult residential
care providers.
3. Make technical corrections.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.