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SPONSOR: |
Beam |
DATE TYPED: |
|
HB |
457 |
||
SHORT TITLE: |
Medication to Public School Students |
SB |
|
||||
|
ANALYST: |
Geisler |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
$100.00
|
|
|
|
Non-Recurring |
General
Fund |
|
|
|
See
Narrative |
Recurring |
OSF |
(Parenthesis
( ) Indicate Expenditure Decreases)
Duplicates
HB528
Relates to SB 186, HB 145, SB 269, and HB 376
Responses Received From
Board of Nursing (BON)
Department of Health (DOH)
State Department of Education (SDE)
SUMMARY
Synopsis
of Bill
House Bill 457 defines the term school
medication aide and establishes a pilot program under the jurisdiction of the
BON to train school medication aides to administer prescription drugs and other
medications to school students during school hours, under the supervision of a
registered nurse who is licensed by the state department of public education. The bill also has the following provisions.
Significant
Issues
The Board of Nursing reports the following:
The bill does not give
the Board sufficient authority over practice and title protection, maintaining
a registry for school medication aides, payment of an application fee, and renewal
of the certification. It also does not
set fees for review and approval of training programs, give authority to grant, deny or remove
approval from training programs, and give authority for disciplinary action.
It is unclear where the
final authority rests in the determination of the educational requirements and
program development for the pilot program.
The bill also does not contain a provision for evaluation of the pilot
program.
Supervisory questions
and determination of pilot sites would be part of the development of the pilot
by the advisory committee. Since the
Nurse Practice Act has no current definition for immediate supervision, it is
not clear what this means. Further, it
is unclear which schools, if any, could be used in the pilot pursuant to the
section p. 3, lines 4-8.
The composition of the
advisory committee does not provide for the appointment of any members of the
Board Medication Aide Advisory Committee or for DOH.
It is unclear why there
is need for an emergency clause. The
Board of Nursing worked with the HJM 3 Task Force, and prior to that, with the
School Nursing advisory committee for 5 years, in the study and preparation of
this issue. There was no indication of need
for an emergency clause in the task force recommendation.
FISCAL IMPLICATIONS
The $100.0 in one-time funding will support the
pilot program. As a non-general fund
agency, the BON will require authority to charge fees to support the program in
the future. The BON estimates that one
clerk specialist and one surveyor are needed to develop and process applications
and provide oversight of the program.
SB 186 amends the Nursing Practice Act to enter
HB 376
adds a new section to the Nursing Practice Act creating a Nursing
Excellence Program to enhance recruitment and retention of nurses; and other
related provisions.
The Board of Nursing makes the following suggestions for
amendments:
·
To be consistent with other similar programs administered
by the Board of Nursing, including the following language: Approved training programs shall, through contract
or agreement, provide remuneration to the board for administrative and other
costs associated with oversight of the school medication aide program.
·
To address the purpose of the pilot program include: The purpose of this pilot program is to
determine whether certified medication aides can safely and efficiently
administer routine medications in the public school setting.
·
Require a report to the legislature regarding continuation
at the end of FY04.
·
To give the Board sufficient authority over school medication
aides and their training programs add:
School 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 regulations pertaining to medication aides as determined by the
board.
·
Reflect that the board has the authority to determine and
develop educational requirements and program requirements by administrative
rule and to collaborate with the DOH and SDE via the mechanism of the advisory
committee.
·
Remove “immediate supervision” and substitute
“supervision/direction”
·
Change Section E as follows: For the purposes of this section, “school
medication aide” means a person who, under the supervision of a licensed
registered nurse who is certified as a licensed school nurse by the department
of education, may administer prescription medications and other medications to
public school students
·
Remove p.3 lines 4-8 beginning with “A certified school
medication aide may not…”
GG/yr