§ 19a-495a — Unlicensed assistive personnel in residential care homes. Certification re administration of medication. Regulations. Nonnursing duties.

Connecticut § 19a-495a

• Jurisdiction: Connecticut
• Title 19a: Public Health and Well-Being
• Ch. 368v: Health Care Institutions

Text

(a)(1) The Commissioner of Public Health may adopt regulations, as provided in subsection (d) of this section, to require each residential care home that admits residents requiring assistance with medication administration, to (A) designate unlicensed personnel to obtain certification for the administration of medication from the Department of Public Health, Department of Children and Families or Department of Developmental Services, and (B) ensure that such unlicensed personnel receive such certification and recertification every two years thereafter from the Department of Public Health, Department of Children and Families or Department of Developmental Services. (2) Any regulations adopted pursuant to this subsection shall establish criteria to be used by such homes in determining (A) the appropriate number of unlicensed personnel who shall obtain such certification and recertification, and (B) training requirements, including ongoing training requirements for such certification and recertification. (3) Training requirements for initial certification and recertification shall include, but shall not be limited to: Initial orientation, resident rights, identification of the types of medication that may be administered by unlicensed personnel, behavioral management, personal care, nutrition and food safety, and health and safety in general. (b) Each residential care home shall ensure that an appropriate number of unlicensed personnel, as determined by the residential care home, obtain certification and recertification for the administration of medication from the Department of Public Health, Department of Children and Families or Department of Developmental Services. Certification and recertification of such personnel shall be in accordance with any regulations adopted pursuant to this section. Unlicensed personnel obtaining such certification and recertification may administer medications that are not administered by injection to residents of such homes, unless a resident's physician specifies that a medication only be administered by licensed personnel. (c) On and after October 1, 2007, unlicensed assistive personnel employed in residential care homes, as defined in section 19a-490 , may (1) obtain and document residents' blood pressures and temperatures with digital medical instruments that (A) contain internal decision-making electronics, microcomputers or special software that allow the instruments to interpret physiologic signals, and (B) do not require the user to employ any discretion or judgment in their use; (2) obtain and document residents' weight; and (3) assist residents in the use of glucose monitors to obtain and document their blood glucose levels. (d) The Commissioner of Public Health shall implement policies and procedures necessary to administer the provisions of this section while in the process of adopting such policies and procedures as regulation, provided the commissioner prints notice of intent to adopt regulations in the Connecticut Law Journal not later than twenty days after the date of implementation. Policies and procedures implemented pursuant to this section shall be valid until the time final regulations are adopted.

Legislative History

(P.A. 99-80, S. 1; P.A. 07-76, S. 1; Sept. Sp. Sess. P.A. 09-5, S. 44; P.A. 16-66, S. 34; P.A. 17-146, S. 32; P.A. 19-118, S. 15; P.A. 22-58, S. 13.) History: P.A. 07-76 designated existing provisions as Subsec. (a) and added Subsec. (b) to authorize the use of unlicensed assistive personnel for certain duties in residential care homes; Sept. Sp. Sess. P.A. 09-5 amended Subsec. (a) by dividing existing provisions into Subdivs. (1) and (2) and, in Subdiv. (1), by removing reference to July 1, 2000, replacing reference to adoption of regulations in accordance with Ch. 54 with reference to Subsec. (d), adding provision re home that admits residents requiring assistance with medication administration and adding provisions re regulations to designate unlicensed personnel to obtain certification and to ensure receipt of certification and, in Subdiv. (2), by adding provisions re regulations to establish number of unlicensed personnel to obtain certification and training requirements to include identification of types of medication to be administered by unlicensed personnel, added new Subsec. (b) requiring each residential care home to ensure an appropriate number of unlicensed personnel obtain certification and specifying that certified personnel may administer medications not administered by injection and not required by a resident's physician to be administered by licensed personnel, redesignated existing Subsec. (b) as Subsec. (c) and added Subsec. (d) allowing Commissioner of Public Health to implement policies and procedures while in the process of adopting regulations, effective October 5, 2009; P.A. 16-66 amended Subsecs. (a) and (b) to add references to recertification and further amended Subsec. (a) to designate provision re training requirements as Subdiv. (3); P.A. 17-146 amended Subsec. (b) by deleting reference to January 1, 2010, adding provision re exception for personnel who obtained certification in administration of medication on or before June 30, 2015, effective June 30, 2017; P.A. 19-118 amended Subsec. (a)(1) by replacing “shall” with “may” re adoption of regulations, amended Subsec. (d) by replacing “may” with “shall” re implementation of policies and procedures, and made conforming changes in Subsecs. (a)(2) and (b), effective July 1, 2019; P.A. 22-58 amended Subsec. (a)(1) by deleting reference to Sec. 19a-490, adding “from the Department of Public Health, Department of Children and Families or Department of Developmental Services” and replacing “three years” with “two years” and amended Subsec. (b) by deleting reference to Sec. 19a-490, adding “from the Department of Public Health, Department of Children and Families or Department of Developmental Services” and deleting provision re personnel who obtained certification on or before June 30, 2015.