A4654

An Act concerning medication administration in certain residential facilities, and supplementing Title 30 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Certified medication aide” means an individual who is credentialed as a certified medication aide by the Department of Health.

"Community-based residential program" means a group home or supervised apartment, which is licensed and regulated by the Department of Human Services.

"Day program" means a program that is certified to provide day habilitation services or sheltered workshops for individuals with developmental disabilities.

"Developmental disability" means the same as that term is defined in section 3 of P.L.1977, c.82 (C.30:6D-3).

"Group home" means a living arrangement that is operated in a residence or residences leased or owned by a licensee; which provides the opportunity for individuals with developmental disabilities to live together in a home, sharing in chores and the overall management of the residence; and in which staff provides supervision, training, or assistance in a variety of forms and intensity as required to assist the individuals as they move toward independence.

"Licensee" means an individual, partnership, or corporation that is licensed by the Department of Human Services, and is responsible for providing services associated with the operation of a community-based residential program.

"Nurse" means a registered professional nurse.

"Supervised apartment" means an apartment that is occupied by individuals with developmental disabilities; is leased or owned by a licensee; and in which staff provides supervision, guidance, and training, as needed, to assist individual occupants in the activities of daily living, in accordance with each individual's needs and targeted future goals.

2. a. No medication shall be administered through a day program or a community-based residential program unless the medication is administered by a nurse or by a certified medication aide who works under the supervision of a nurse.

b. In the case of an individual, who is under the supervision of a parent or legal guardian and who requires his or her medication to be administered and managed by a nurse or by a certified medication aide who works under the supervision of a nurse, the individual shall not be admitted to the day program or community-based residential program, unless the individual’s parent or legal guardian provides the program’s chief nurse medical documentation containing comprehensive and specific medication instructions and dosages pertaining to the individual.

c. In the case of an individual who has been admitted to a day program or community-based residential program, who is under the supervision of a parent or legal guardian, and who requires his or her medication to be administered and managed by a nurse or by a certified medication aide who works under the supervision of a nurse, as a condition of the individual’s permission to continue to participate in the day program or community-based residential program, the individual’s parent or legal guardian shall provide the program’s chief nurse medical documentation containing comprehensive and specific medication instructions and dosages pertaining to the individual, whenever the individual’s medication or dosage is changed by a health care professional.

3. The Department of Human Services may adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.

4. This act shall take effect immediately.

STATEMENT

This bill regulates medication administration in certain licensed, residential facilities.

Under the bill, no medication is to be administered through a day program or a community-based residential program unless the medication is administered by a nurse or by a certified medication aide who works under the supervision of a nurse.

The bill defines "community-based residential program" to mean a group home or supervised apartment, which is licensed and regulated by the Department of Human Services. "Day program" means a program that is certified to provide day habilitation services or sheltered workshops for individuals with developmental disabilities.

The bill provides that, in the case of an individual, who is under the supervision of a parent or legal guardian and who requires his or her medication to be administered and managed by a nurse or by a certified medication aide who works under the supervision of a nurse, the individual is not to be admitted to the day program or community-based residential program, unless the individual’s parent or legal guardian provides the program’s chief nurse medical documentation containing comprehensive and specific medication instructions and dosages pertaining to the individual.

Further, in the case of an individual who has been admitted to a day program or community-based residential program, who is under the supervision of a parent or legal guardian, and who requires his or her medication to be administered and managed by a nurse or by a certified medication aide who works under the supervision of a nurse, as a condition of the individual’s permission to continue to participate in the day program or community-based residential program, the individual’s parent or legal guardian shall provide the program’s chief nurse medical documentation containing comprehensive and specific medication instructions and dosages pertaining to the individual, whenever the individual’s medication or dosage is changed by a health care professional.