Further Amendment #8.1 to H4178

Further amend to 8

Ms. Garlick of Needham moves to further amend amendment #8 by inserting the following 2 subsection:-

(h) Nothwithstanding any general or special law to the contrary, the provisions of subsections (a) through (g) shall not take effect until such time as the task force established in subsection (i) has submitted its report.

(i) There shall be a task force to study and propose recommendations to ensure the safe administration of medication to residents of long-term care facilities. The task force shall examine the following, including but not limited to:

(1) safety and workforce data in states that allow unlicensed individuals to administer medication in long term care facilities in other states, including but not limited to (A) the total number of individuals in other states authorized to administer medication without a license, broken down by job type; (B) the total number of medication occurrence reports, defined as any medication occurrence that is followed by medical intervention, illness, injury, or death, that occur in each state; (C) the total number of medication errors, broken down by job type and by state; and (D) a description of the training required to administer medication without a license in other states; and (E) professions allowed to administer medication without a license in other states;

(2) best practices on accountability measures, including but not limited to who supervises the unlicensed individual; whether the supervisor needs to be physically present; what education is provided to licensed individuals to supervise unlicensed individuals administering medication; who delegates the administration of medication; who decides what medication to be administered by an unlicensed individuals in a facility; who is held accountable in the case of mistakes, the individual, the supervisor, or the facility; when should medication errors be reported; and what follow-up and accountability measures may be needed;

(3) Protocols for emergencies arising from the administration of medication by unlicensed individuals that require the attention of a licensed health care professional;

(4) training requirements, including but not limited to if training requires clinical time and how training in this position can contribute toward an LPN;

(5) barriers to people of color becoming LPNs;

(6) best practices on communication among care teams;

(7) patient acuity criteria; and

(8) types of non-narcotic medications, including but not limited to psychotropics, that may not be appropriate for administration by an unlicensed individual.

(j) The task force shall consist of:

1.Secretary of EOHHS or a designee, who shall serve as chair;

2.DPH Commissioner or a designee (Bureau of Healthcare Quality and Safety)

3.Secretary of Elder Affairs or a designee

4.Assistant secretary for MassHealth or a designee

5.Home Care Alliance of Massachusetts, Inc.,

6.EOHHS Secretary

7.EOLWD Secretary (on 2020 task force)

8.Mass. Senior Care Association

9.1199 SEIU

10.Mass. Senior Action Council (on 2020 task force)

11.RN/LPN appointed by Governor

12.A nursing home operator appointed by the governor

13.The co-chairs of the Elder Affairs or a designee

14.Chair/executive director of the Board of Registration in Nursing

(k) Not later than July 31, 2024, the task force shall submit its report, including its recommendations or any proposed legislation necessary to carry out its recommendations, to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committees on health care financing, and the joint committee on elder affairs.