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S 10516

Relates to certified medication aides

2025 Regular Session Introduced by Jeremy Cooney

Allows certified medication aides to perform routine, non-injectable medication tasks in residential facilities under supervised RPNs, with strict limits and training.

REFERRED TO HIGHER EDUCATION
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Bill Summary · S 10516

Summary of Bill S 10516 (2025-2026, New York)

Main purpose and intent

  • The bill amends the Education Law and the Public Health Law to authorize and regulate the use of certified medication aides (CMAs) in residential health care facilities.
  • It establishes a formal framework for employing CMAs to perform specific medication-related tasks under the supervision of a licensed registered professional nurse (RPN), with defined qualifications, training, and supervision requirements.

Key provisions and changes

  1. Education Law – new subdivision 3 to §6908
  2. Creates authority for CMAs to perform certain medication-related tasks in residential health care facilities, subject to regulations adopted by the state Commissioner of Education in consultation with the Commissioner of Health.
  3. Tasks authorized for CMAs include routine medications that are pre-filled or packaged for ease of administration. Exclusions include injections, sterile procedures, and central line maintenance, with specific exceptions:
    • Injections for diabetes care (e.g., insulin)
    • Injections of low molecular weight heparin
    • Pre-filled auto-injections of naloxone and epinephrine for emergencies
  4. Requires a systematic approach to address drug diversion by entities employing CMAs.
  5. Tasks must be performed under the supervision of an RPN licensed in New York.
  6. Establishes a process for RPNs to assign medication-related tasks to CMAs, including:
    • Competency demonstration by the CMA for each task
    • Willingness and communication ability of the CMA
    • Ability of the CMA to understand and address the individual’s needs
    • RPNs’ authority to revoke assigned tasks
    • Possibility for multiple RPNs to jointly approve assignments, with one RPN sufficient to determine competency
  7. Tasks must align with an authorized health practitioner’s order.
  8. Eligibility criteria for CMAs:
    • Must hold a valid New York State Nurse Aide Certificate
    • High school diploma or equivalent
    • At least 18 years old
    • At least one year of nurse aide experience in an RHCF or equivalent facility (in-state or another U.S. territory)
    • English literacy and basic math skills
    • Completed the requisite CMA training and competency demonstrations determined by the Health Commissioner (in consultation with the Education Commissioner)
    • Pass competency examinations satisfactory to the Health Commissioner (in consultation with the Education Commissioner)
    • Meet other qualifications as determined by the Health Commissioner (in consultation)
  9. Prohibits CMAs from presenting themselves as licensed to practice nursing.
  10. CMAs are not authorized to assess a patient’s medication/medical needs.
  11. CMAs must not perform tasks outside the scope of a licensed practical nurse or tasks not properly assigned by the supervising RPN.
  12. CMAs must document all medication-related tasks, including administration, in a medication administration record.

  13. RPNs retain discretion over whether to assign tasks to CMAs and shall not face coercion or retaliation for such decisions.

  14. Education Law – new subdivision 12 to §6909

  15. Allows an RPN, working in an RHCF, to assign CMA-performed medication-related tasks and supervise the CMAs under the rules set forth in subdivision 3 of §6908.

  16. Public Health Law – §2803-j, amended

  17. Amends to recognize CMAs among professionals who can be identified as having completed nurse aide training/competency programs or a medication aide program (ensuring CMA certification is recognized as part of the identification framework).

  18. Effective date

  19. The act would take effect 120 days after becoming law.

  20. Emergency/immediate regulatory actions can be taken to implement the act’s provisions in advance of the effective date, as needed to facilitate implementation.

Who and what would be affected

  • Residential health care facilities licensed under article 28 of the Public Health Law (RHCFs).
  • Certified Medication Aides (CMAs): individuals meeting the specified qualifications and training, authorized to perform select medication-related tasks under RPN supervision.
  • Registered Professional Nurses (RPNs): required to supervise CMAs, assign tasks, assess competency, and retain authority to revoke tasks.
  • Health and Education Commissioners: jointly involved in developing and approving CMA regulations, competency standards, and examinations.

Procedural and timeline aspects

  • Regulatory development: New CMA regulations must be developed by the Education Commissioner in consultation with the Health Commissioner, detailing eligible tasks, supervision, competency, and anti-diversion controls.
  • Training and competency: CMAs must complete prescribed training and demonstrate competency to be eligible for task assignments; competency must be verified to the satisfaction of the supervising RPN and Health Commissioner.
  • Implementation timeline: The act takes effect 120 days after enactment; regulations and rulemaking can proceed immediately upon enactment in preparation for full implementation.
  • Oversight and enforcement: Supervising RPNs and RHCFs must maintain documentation (medication administration records) and ensure CMAs operate within defined scope and order parameters.

Practical implications and potential impact

  • Expands the workforce capable of handling routine, non-injectable medication administration within RHCFs, potentially alleviating nursing staffing pressures.
  • Improves task delegation while maintaining patient safety through supervised, competency-based CMA roles.
  • Introduces structured safeguards, including documentation, anti-diversion measures, and clear limitations on CMA scope.
  • Ensures CMAs cannot perform nursing assessments or engage in tasks beyond the licensed nurse’s authorized scope.

Note: The bill is currently in committee (Higher Education) with sponsor Sen. Cooney.

Compiled from official sources — confirm details with the bill’s official record.

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