SB 81-FN-A - AS AMENDED BY THE SENATE
4/12/01 0826s
5/9/01 1129s
2001 SESSION
08/10
SENATE BILL 81-FN-A
AN ACT regulating medication nursing assistants under the nurse practice act.
SPONSORS: Sen. Disnard, Dist 8; Sen. Hollingworth, Dist 23; Rep. Robb, Sull 11; Rep. I. Pratt, Ches 5; Rep. Downing, Rock 26
COMMITTEE: Public Institutions, Health and Human Services
This bill authorizes the board of nursing to regulate medication technicians for the purpose of administering medication under the direction of a registered nurse or licensed practical nurse. This bill also establishes a dedicated medication technician fund that is non-lapsing through fiscal year 2005, but lapses to the general fund beginning fiscal year 2006 and every year thereafter.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4/12/01 0826s
5/9/01 1129s
01-0881
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT regulating medication nursing assistants under the nurse practice act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Medication Nursing Assistant (MNA) Defined. Amend RSA 326-B:2 by inserting after paragraph XIV the following new paragraph:
XIV-a. "Medication Nursing Assistant" or "(MNA)" means a person who is authorized to administer medications under the assignment of a licensed nurse as defined in RSA 326-B:2.
2 New Paragraph; Board of Nursing; Rulemaking Authority. Amend RSA 326-B:4-a by inserting after paragraph XVI the following new paragraph:
XVII. Establishing standards for a medication nursing assistant education, practice, license, and relicensing program and the issuance of evidence indicating satisfactory completion of such a program, including, but not limited to:
(a) Applicant qualifications.
(b) Application procedures.
(c) Content and duration of the training program.
(d) Continuing education programs.
(e) Examination.
(f) Passing grade.
(g) Approval of instructors for the training program.
(h) Scope of practice.
(i) Disciplinary procedures.
3 New Section; Medication Nursing Assistants Practice; License. Amend RSA 326-B by inserting after section 28 the following new section:
326-B:28-a Medication Nursing Assistants.
I. No person shall practice as a medication nursing assistant who has not satisfied the provisions of RSA 326-B:4-a, XVII.
II. The board of nursing shall authorize the licensing of medication nursing assistants for the purpose of administering medications under the assignment of a licensed nurse as defined in RSA 326-B:2. Medication nursing assistants authorized under this chapter shall:
(a) Have worked as a nursing assistant under RSA 326-B:28 for a period of up to 2 years or the equivalent as determined by the board, and have completed the necessary requirements under RSA 326-B:4-a, XIII.
(b) Administer medications under the direction of a licensed nurse.
III. Medication nursing assistants authorized under this chapter shall not calculate drug dosages, but only administer medications they are assigned by a licensed nurse to administer.
IV. Nothing in this chapter shall be construed to prohibit the board of nursing from adopting rules relating to the delegation of medication administration.
4 New Section; Medication Nursing Assistant Fees and Fines; Continual Appropriation. Amend RSA 326-B by inserting after section 29 the following new section:
326-B:29-a Medication Nursing Assistant Fees and Fines; Continual Appropriation.
I. The board shall adopt a schedule of fees, adopted by rule under RSA 541-A, for examination, registration, renewal, relicensing, endorsement, and verification of medication nursing assistants.
II. The board shall establish a schedule of administrative fines to be collected in disciplinary procedures carried out under RSA 326-B:4-a, XVII.
III. The medication nursing assistant fund is established in the state treasury and continually appropriated to the board of nursing which shall administer the fund. The fund shall be used only for administration of the medication nursing assistant component and expenses relating to that component. The fund shall be non-lapsing through fiscal year 2005. Beginning June 30, 2006, any unused balance of such sums shall lapse to the general fund at the end of each fiscal year. IV. All fees and fines collected under paragraphs I and II shall be credited to the fund.
5 New Subparagraph; Medication Nursing Assistant Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:
(eeee) Money received under RSA 326-B:29-a, which shall be credited to the board of nursing's medication nursing assistant fund.
6 Effective Date. This act shall take effect 60 days after its passage.
LBAO
01-0881
Amended 4/16/01
SB 81 FISCAL NOTE
AN ACT regulating medication nursing assistants under the nurse practice act.
FISCAL IMPACT:
The Board of Nursing stated this bill, as amended by the Senate, will increase state expenditures by $105,417 in FY 2002, $75,417 in FY 2003, $75,417 in FY 2004 and $75,417 in FY 2005. State restricted revenues will increase by $20,650 in FY 2002, $36,138 in FY 2003 and $41,300 in FY 2004 and $41,300 in FY 2005. There will be no impact on county and local revenues or expenditures.
METHODOLOGY:
The Board assumed the certification fee would be $20 for each applicant, and anticipates employers would pay the fee for their employees. The Board indicates that it will take two years to train and test an estimated 2,000 candidates. One thousand candidates would be certified in FY 2002, 1,750 in FY 2003, 2,000 in FY 2004 and 2,000 in FY 2005. The Board assumes two additional staff would be necessary to implement the certification of medication technicians: a Program Specialist I and a Secretary II. Additional funds would be necessary for operating expenses, equipment and software modifications as follows:
EXPENDITURES: FY 2002 FY 2003 FY 2004 FY 2005
Office renovation, computers
and equipment $ 10,000 $ 0 $ 0 $ 0
Database Modifications 20,000 0 0 0
Program Specialist I
(including 32% benefits) 41,055 41,055 41,055 41,055
Secretary II w/ benefits 27,362 27,362 27,362 27,362
In-State Travel 3,500 3,500 3,500 3,500
Out-of State Travel 1,500 1,500 1,500 1,500
Supplies 2,000 2,000 2,000 2,000
Total $105,417 $ 75,417 $ 75,417 $ 75,417
REVENUES:
Number of Certifications
@ $20 each 1,000 1,750 2,000 2,000
Restricted Revenue
(Medication Tech. Fund) $20,000 $35,000 $40,000 $40,000
Revenue from copies, fines etc. 650 1,138 1,300 1,300
Total $20,650 $36,138 $41,300 $41,300