35 Pa. Stat. § 448.804-C

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 448.804-C - [Effective 10/16/2025] Medication aide training program and certification
(a) Development.--The department shall develop a medication aide training program for an individual to become a certified medication aide, which may be offered by a long-term care nursing facility. Prior to operating a training program authorized under this section, a long-term care nursing facility shall contract with an instructor approved by the department. The department shall include input from industry stakeholders on the development and implementation of the program. The department shall consult with the State Board of Nursing to determine if a number of hours completed in the medication aide training program may be credited to a student in a practical nurse education program under the act of March 2, 1956 (1955 P.L.1211, No.376), known as the Practical Nurse Law. The program under this section must:
(1) Include a minimum of 80 hours of classroom instruction and training, exclusive of testing or instructor evaluation of whether the individual is competent.
(2) Include a minimum of 20 hours of skills and demonstration, which shall include:
(i) Ten hours of clinical observation and skills demonstration under the direct supervision of a supervising registered nurse or licensed practical nurse authorized by a registered nurse in a long-term care nursing facility; and
(ii) Ten hours in a skills demonstration laboratory.
(3) Be conducted by an approved instructor and utilize the State-approved written curriculum and test.
(4) Cover the following topics:
(i) The role, responsibilities and performance of the prescribing provider in the medication administration process.
(ii) The rights of the individual regarding accepting or refusing medications.
(iii) Principles of infection control as they relate to medication administration.
(iv) Categories of medications and their effects.
(v) Effective management of poisoning or medication overdose.
(vi) Storage and disposal of medications.
(vii) Communications with individuals or guardians, if applicable, about the individual's medications.
(viii) The six principles of medication administration, including:
(a) The correct medication.
(b) The correct dosage of the medication.
(c) The medication to the correct individual.
(d) The medication at the correct time.
(e) The medication to the individual by the correct method.
(f) The accurate documentation.
(5) Include a medication aide training examination that requires the demonstration of the requisite knowledge and skills to serve as a certified medication aide.
(b) Certification.-- The department shall issue certification to an individual to practice as a certified medication aide if the individual:
(1) Successfully completes the medication aide training program.
(2) Scores 80% or higher on the examination under subsection (a)(5).
(3) Demonstrates knowledge of the following pertaining to administering medications:
(i) The name of the medication.
(ii) The reason for the medication's use.
(iii) Any side effects or adverse reactions.
(iv) Any special instructions such as giving certain fluids, checking pulse rate or monitoring blood levels.
(4) Following direct observation by an instructor, has been found competent to be authorized to administer medications.

(c) Renewal of certification.--A certified medication aide shall be required to renew a certification no less than every two years or by the last day of the 24th month from the date of the prior certification. The following shall apply:
(1) Renewal shall include:
(i) Proof of completion of 12 hours of continuing education per year, clinical competency demonstration and a medication errors prevention course which shall be developed by the department.
(ii) A recertification letter written by an instructor recommending the certified medication aide for renewal.
(2) A certified medication aide shall submit an online completed recertification application to the department.
(d) Authorization.--Authorization to practice as a certified medication aide shall be valid in any long-term care nursing facility.

(e) Certification sanction authorization.--The department may revoke or suspend a certified medication aide's certification, or otherwise sanction a certified medication aide for any of the following reasons:
(1) Failure to complete a timely renewal.
(2) Receiving an annotation on the nurse aide's listing on the Pennsylvania nurse aide registry under 42 U.S.C. § 1396R(G)(1)(C) (relating to requirements for nursing facilities) for abuse, neglect or misappropriation.
(3) Failure to properly administer medication.
(4) Lack of physical or mental ability to provide adequate services.
(5) Deceptive or fraudulent procurement or representation of certification or for making misleading, deceptive or untrue representations to secure or aid or abet another individual to secure a certification.
(6) Willful or negligent misconduct in providing care or practicing beyond certification authorization.
(7) Practicing without a current certification.
(8) Conviction of any offense listed in 22 Pa. Code § 701.13 (relating to nonacceptance of certain applicants).
(9) Having a certification or other authorization to practice a profession or occupation revoked, suspended or subjected to other disciplinary sanction.
(f) Sanctions.--
(1) The department may order one or more of the following against a certified medication aide for a reason listed under subsection (e):
(i) Revoke a certification.
(ii) Require a certified medication aide to take educational courses.

(2) The department may impose a civil penalty not exceeding $500 on the facility for each incident in which the certified medication aide engages in conduct that constitutes a basis for discipline. penalty money shall be treated in accordance with section 817(c).
(3) No disciplinary action against a certified medication aide shall prevent or otherwise prohibit the department from annotating a nurse aide under 42 U.S.C. § 1396R(G)(1)(C) for abuse, neglect or misappropriation.
(g)Suspension and termination of medication aide training program.--The department may suspend or terminate a long-term care nursing facility's medication aide training program for any of the following reasons:
(1) Failure to properly administer the training program.
(2) Failure to properly supervise a certified medication aide.
(3) Fraudulently certifying a medication aide.
(4) Failure to properly report to the department under section 805-C(c).

35 P.S. § 448.804-C

Added by P.L. (number not assigned at time of publication) 2024 No. 109,§ 1, eff. 10/16/2025.