AN ACT

RELATING TO MEDICATION AIDES; PROVIDING FOR A TRIAL PROGRAM FOR MEDICATION AIDES TO SERVE PERSONS IN LICENSED NURSING FACILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. TEMPORARY PROVISION--MEDICATION AIDES--NURSING FACILITIES--TRIAL PROGRAM--APPROPRIATION.--

A. The board of nursing shall conduct a trial program in five regions of the state for the certification of no more than one hundred medication aides and the approval of medication aide training programs to serve persons in licensed nursing facilities. The purpose of the trial program is to determine whether certified medication aides can safely and efficiently administer routine medications in licensed nursing facilities; provided that a medication aide shall not administer schedule I or injectable drugs.

B. Approved training programs shall, through contract or other agreement, provide remuneration to the board of nursing for administrative and other costs associated with oversight of the medication aide program.

C. In order to participate in the trial program, medication aides shall make application and obtain training and certification as provided in Section 61-3-10.2 NMSA 1978 and shall be subject to all other rules pertaining to medication aides as determined by the board of nursing.

D. An advisory committee, appointed by the board of nursing, shall oversee the trial program, advise the board on the implementation of the program and make recommendations to the board of nursing on the board's evaluation of the program. The advisory committee shall be composed of individuals with expertise in long-term care, including at least one representative from the university of New Mexico, the department of health and the New Mexico nurses association.

E. After considering the recommendations of the advisory committee, the board of nursing shall evaluate the trial program and submit a report and recommendations for continuing the program to the second session of the forty-sixth legislature no later than December 15, 2004. A person shall not serve as a medication aide without completing an approved training program through the state of New Mexico.

F. As used in this section, "medication aide" means a person who, under supervision of a licensed registered nurse in licensed nursing facilities, is permitted to administer routine medications according to rules adopted by the board of nursing.