§ 54-1406A — CERTIFIED MEDICATION ASSISTANT

(1) The board shall issue a certificate of medication assistance (MA-C) to an individual who:
(a) Is registered as a nursing assistant, without substantiated charges, on the nursing assistant registry currently maintained by the Idaho department of health and welfare;
(b) Has received training preparing for a role in administering medications and works under the supervision of a licensed nurse in a skilled nursing facility;
(c) Has completed an MA-C program following the model curriculum approved by the national council of state boards of nursing;
(d) Has passed the medication aide certification exam approved by the national council of state boards of nursing or other nationally or regionally recognized testing organization that offers exams for medication aides; and
(e) Has paid applicable fees.
(2) The board shall not require the examination required in subsection (1)(d) of this section for a person who is registered as a nursing assistant pursuant to subsection (1)(a) of this section on July 1, 2020.
(3) The board shall maintain a public registry of the names and addresses of all certified medication assistants.
(4) The board is authorized to impose and collect initial application fees and two (2) year renewal fees, as well as reinstatement fees, and verification of records fees not to exceed, in total, one hundred dollars ($100), as determined by board rule. Fees collected pursuant to this section shall be deposited in the state board of nursing account.
(5) A person may not use the title "certified medication assistant" or the abbreviation "MA-C" unless such person has been duly certified pursuant to this section.
(6) A certified MA-C is permitted to administer medications as delegated by a licensed nurse.
(7) The board shall have the authority to administer discipline as set forth in paragraph (a) of this subsection for any one (1) or a combination of grounds for discipline as set forth in paragraph (b) of this subsection.
(a) Disciplinary action by the board shall include:
(i) Denying certification or recertification, suspending, revoking, placing on probation, reprimanding, limiting, restricting, conditioning, or accepting the voluntary surrender of a certificate issued pursuant to this section if a certified medication assistant commits an act that constitutes grounds for discipline;
(ii) Referring criminal violations of this section to the appropriate law enforcement agency; and
(iii) Imposing a civil penalty of no more than one hundred dollars ($100) per violation.
(b) Grounds for discipline shall include:
(i) Substance abuse or dependency;
(ii) Client abandonment, neglect, or abuse;
(iii) Fraud or deceit, which may include but is not limited to:
1. Filing false credentials;
2. Falsely representing facts on an application for initial certification, renewal, or reinstatement; and
3. Giving or receiving assistance in taking the exam required in subsection (1)(d) of this section.
(iv) Boundary violations;
(v) Performance of unsafe client care;
(vi) Performing acts beyond the range of authorized functions or beyond those tasks delegated under the provisions of this section;
(vii) Misappropriation or misuse of property;
(viii) Obtaining money or property of a client, resident, or other person by theft, fraud, misrepresentation, or duress committed during the course of employment as a certified medication assistant;
(ix) Criminal conviction of a misdemeanor that directly relates to or affects the functions of a certified medication assistant or conviction of any felony as set forth in rule;
(x) Putting clients at risk of harm; and
(xi) Violating the privacy or failing to maintain the confidentiality of client or resident information.
(8) The board shall comply with the provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, in taking any disciplinary action against a certified medication assistant and shall maintain records of any such disciplinary action, which records shall be available for public inspection to the same extent as records regarding disciplinary proceedings against nurses and as otherwise consistent with chapter 1, title 74, Idaho Code. The assessment of costs and fees incurred in the investigation and prosecution or defense of a certified medication assistant shall be governed by the provisions of section 12-117 (5), Idaho Code.
(9) The board shall notify the Idaho nursing assistant registry of any disciplinary action taken against a certified medication assistant pursuant to this section.

Legislative History

[54-1406A, added 2020, ch. 116, sec. 2, p. 366; am. 2023, ch. 45, sec. 1, p. 184.]