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Arkansas General Assembly· HB 1182Notification that HB1182 is now Act 265

An act TO REPLACE THE DEFINED TERM "MEDICATION 10 ASSISTIVE PERSON" WITH THE DEFINED TERM "CERTIFIED 11 MEDICATION ASSISTANT" THROUGHOUT � 17-87-701 ET SEQ, the official text

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Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas              A Bill
2 95th General Assembly

3 Regular Session, 2025                                           HOUSE BILL 1182

4

5 By: Representative Bentley

6 By: Senator Irvin

7

8                             For An Act To Be Entitled

9               AN ACT TO REPLACE THE DEFINED TERM "MEDICATION

10              ASSISTIVE PERSON" WITH THE DEFINED TERM "CERTIFIED

11              MEDICATION ASSISTANT" THROUGHOUT � 17-87-701 ET SEQ.;

12              TO SET FORTH THE CERTIFICATION REQUIREMENTS,

13              QUALIFICATIONS, AND THE SCOPE OF PRACTICE FOR A

14              CERTIFIED MEDICATION ASSISTANT; AND FOR OTHER

15              PURPOSES.

16

17

18                               Subtitle

19                       TO REPLACE THE DEFINED TERM "MEDICATION

20                       ASSISTIVE PERSON" WITH THE DEFINED TERM

21                       "CERTIFIED MEDICATION ASSISTANT"

22                       THROUGHOUT � 17-87-701 ET SEQ.

23

24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

25

26  SECTION 1. Arkansas Code � 17-87-701 - 17-87-708 are amended to read

27 as follows:

28  17-87-701. Definitions.

29  As used in this subchapter:

30              (1) "Board" means the Arkansas State Board of Nursing "Certified

31 medication assistant" means a person who is certified by the board to

32 administer certain nonprescription and legend drugs in designated facilities;

33              (2) "Designated facility" means a type of facility determined by

34 the board as an environment in which medication assistive persons a certified

35 medication assistant may serve in accordance with the requirements of this

36 subchapter and rules promulgated by the board;

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1              (3) "Medication assistive person" means a person who is

2 certified by the board to administer certain nonprescription and legend drugs

3 in designated facilities; and

4              (4)(3) "Supervision" means the active oversight of patient care

5 services while on the premises of a designated facility in a manner defined

6 by the board.

7

8          17-87-702. Certificate required.

9          In order to safeguard life and health, any a person serving or offering

10 to serve as a medication assistive person certified medication assistant

11 shall:

12             (1) Submit evidence that he or she is qualified to so serve; and

13             (2) Be certified as provided in this subchapter.

14

15         17-87-703. Designated facilities -- Notification of use of certified

16 medication assistants required.

17         (a) The Arkansas State Board of Nursing shall designate the types of

18 facilities that may use medication assistive persons.

19         (b)(1) Designated facilities may not be required to use medication

20 assistive persons.

21             (2) However, if a designated facility elects to use medication

22 assistive personnel, the facility shall notify the board in a manner

23 prescribed by the board.

24         (a) The Arkansas State Board of Nursing shall not require a designated

25 facility to use certified medication assistants.

26         (b) A designated facility that elects to use certified medication

27 assistants shall notify the board in a manner prescribed by the board.

28

29         17-87-704. Qualifications.

30         (a) In order to To be certified as a medication assistive person

31 certified medication assistant, an applicant shall submit to the Arkansas

32 State Board of Nursing written evidence, verified by oath, that the

33 applicant:

34             (1) The applicant meets all of the following requirements:

35               (A) Is currently listed in good standing on the state's

36 certified nurse aide registry;

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1                (B) Has maintained registration on the state's certified

2 nurse aide registry continuously for a minimum of one (1) year;

3                (C) Has completed at least one (1) continuous year of

4 full-time experience as a certified nurse aide in this state;

5                (D)(B) Is currently employed at a designated facility;

6                (E)(C) Has a high school diploma or the equivalent;

7                (F)(D) Has successfully completed a literacy and reading

8 comprehension screening process approved by the board;

9                (G)(E) Has successfully completed a medication assistive

10 person certified medication assistant training course of not less than one

11 hundred (100) one hundred fifteen (115) hours approved by the board; and

12               (H)(F) Has successfully passed an examination on subjects

13 the board determines; or

14              (2)(A)(2) The applicant has:

15               (A) Completed Has completed a portion of a nursing

16 education program equivalent to the medication assistive person certified

17 medication assistant training course; and

18               (B) Passed the medication aide certified medication

19 assistant examination.

20  (b) The board may issue a certification as a medication assistive

21 person certified medication assistant by endorsement to an applicant who has

22 been licensed or certified as a medication assistive person certified

23 medication assistant under the laws of another state or territory, if:

24              (1) In the opinion of the board, the applicant meets the

25 qualifications of medication assistive persons a certified medication

26 assistant in this state; and

27              (2) The board recommends certification.

28  (c) Any A person holding a certification as a medication assistive

29 person shall have the right to certified medication assistant may use the

30 title "medication assistive person" "certified medication assistant" or

31 "medication assistant - certified" and the abbreviation "M.A.P." "C.M.A." or

32 "M.A. - C.".

33  (d) The training courses for medication assistive persons a certified

34 medication assistant may be provided by a postsecondary educational

35 institution, a hospital, or a consortium of five (5) or more skilled nursing

36 facilities.

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1

2          17-87-705. Scope of work.

3          (a)(1) A medication assistive person certified medication assistant

4 may perform the delegated nursing function of medication administration and

5 related tasks in accordance with rules promulgated by the Arkansas State

6 Board of Nursing.

7               (2) A medication assistive person certified medication assistant

8 shall perform medication administration and related tasks only:

9                    (A) At a designated facility; and

10                   (B) Under the supervision of a licensed nurse.

11              (3)(A) Medication administration shall be limited to the

12 administration of nonprescription and legend drugs ordered by an authorized

13 prescriber by the following methods:

14                       (i) Orally;

15                       (ii) Topically;

16                       (iii) Drops for eye, ear, or nose;

17                       (iv) Vaginally;

18                       (v) Rectally;

19                       (vi) Transdermally; and

20                       (vii) Via oral inhaler Inhalation; and

21                       (viii) Subcutaneous injections of insulin.

22                   (B) Medication administration by a medication assistive

23 person certified medication assistant shall not include controlled

24 substances.

25         (b) A medication assistive person certified medication assistant shall

26 not:

27              (1) Receive, have access to, or administer any controlled

28 substance;

29              (2) Administer parenteral, enteral, or injectable medications,

30 except as authorized under this subchapter;

31              (3) Administer any substances by nasogastric or gastrostomy

32 tubes;

33              (4) Calculate drug dosages;

34              (5) Destroy medication;

35              (6) Receive orders, either in writing or verbally, for new or

36 changed medications;

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1              (7) Transcribe orders from the medical record;

2              (8) Order initial medications;

3              (9) Evaluate medication error reports;

4              (10) Perform treatments;

5              (11) Conduct patient assessments or evaluations; or

6              (12) Engage in patient teaching activities.

7

8   17-87-706. Renewal of certifications.

9   (a)(1) The Arkansas State Board of Nursing shall prescribe the

10 procedure for the cyclical renewal of medication assistive person

11 certifications the certification of a certified medication assistant.

12             (2) In each case, the board shall mail a notification for

13 renewal to the medication assistive person certified medication assistant at

14 least thirty (30) days before the expiration date of the certification.

15  (b)(1) Upon receipt of the renewal application and the fee, the board

16 shall verify the accuracy of the application.

17             (2)(A) If the board finds the application to be accurate, the

18 board shall issue a certificate of renewal to the applicant.

19             (B) As a condition of certification renewal, a medication

20 assistive person certified medication assistant shall be:

21             (i) Currently listed in good standing on the state's

22 certified nurse aide registry; and

23             (ii) Required to satisfactorily complete at least

24 eight (8) hours of continuing medication education course work as required by

25 the board.

26  (c) The renewal shall render A renewal of a certificate under this

27 section renders the holder of the certificate a legal provider of medication

28 assistive person certified medication assistant services for the period

29 stated in the certificate of renewal.

30  (d) Any medication assistive person A certified medication assistant

31 who allows his or her certification to lapse by failing to renew the

32 certification as provided in this section may be reinstated by the board on:

33             (1) Payment of the renewal fee plus a penalty; and

34             (2) Submission of evidence that the person currently meets the

35 requirements to serve as a medication assistive person certified medication

36 assistant.

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1       (e) Any A person providing services as a medication assistive person

2 certified medication assistant during the time his or her certification has

3 lapsed shall be considered to be is providing services illegally and shall be

4 subject to the penalties provided for violations of this subchapter.

5

6       17-87-707. Disciplinary actions.

7       (a) The Arkansas State Board of Nursing shall have has sole authority

8 to deny, suspend, revoke, or limit any medication assistive person

9 certificate of a certified medication assistant issued by the board or

10 applied for in accordance with the provisions of this subchapter or to

11 otherwise discipline a certificate holder upon proof that the person:

12             (1) Has been found guilty of or pleads guilty or nolo contendere

13 to:

14                    (A) Fraud or deceit in procuring or attempting to procure

15 a medication assistive person certificate of a certified medication

16 assistant; or

17                    (B) Providing services as a medication assistive person

18 certified medication assistant without a valid certificate;

19             (2) Is unfit or incompetent by reason of negligence, habits, or

20 other causes;

21             (3) Is habitually intemperate or is addicted to the use of

22 habit-forming drugs;

23             (4) Is mentally incompetent;

24             (5) Is guilty of unprofessional conduct;

25             (6) Has had a license, certificate, or registration revoked or

26 suspended;

27             (7) Has been placed on probation or under disciplinary order in

28 any jurisdiction;

29             (8) Has voluntarily surrendered a license, certification, or

30 registration and has not been reinstated in any jurisdiction; or

31             (9) Has willfully or repeatedly violated any of the provisions

32 of this subchapter.

33      (b) The board shall refuse to issue or shall revoke the certificate of

34 any person who would be disqualified from employment under the provisions of

35 � 20-33-213.

36      (c) Proceedings under this section shall be conducted in accordance

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1 with the Arkansas Administrative Procedure Act, � 25-15-201 et seq.

2

3   17-87-708. Penalty.

4   (a)(1) It shall be a misdemeanor for any person to It is unlawful for

5 a person to:

6                   (A) Sell or fraudulently obtain or furnish any medication

7 assistive person's certified medication assistant's certificate, renewal, or

8 record or aid or abet in any such sale or fraud;

9                   (B) Serve as a medication assistive person certified

10 medication assistant under cover of any certificate or record illegally or

11 fraudulently obtained or signed or issued unlawfully or under fraudulent

12 representation;

13                  (C) Serve as a medication assistive person certified

14 medication assistant unless certified by the Arkansas State Board of Nursing;

15                  (D) Use in connection with his or her name any of the

16 following titles, names, or initials if the user is not properly certified

17 under this subchapter:

18                         (i) Medication assistive person;

19                         (ii) M.A.P.;

20                         (iii) Medication aide;

21                         (iv)(ii) Medication technician;

22                         (v)(iii) Medication assistant;

23                         (vi)(iv) Certified medication aide assistant;

24                         (vii)(v) C.M.A.;

25                         (viii)(vi) Medication assistant � Certified;

26                         (ix)(vii) MA � C; or

27                         (x)(viii) Any other name, title, or initials that

28 would cause a reasonable person to believe the user is certified under this

29 subchapter;

30                  (E) Serve as a medication assistive person certified

31 medication assistant during the time his or her certification is suspended;

32                  (F) Conduct an education program for the preparation of

33 medication assistive persons certified medication assistants unless the

34 program has been approved by the board; or

35                  (G) Otherwise violate any provisions of this subchapter.

36              (2)(A) A misdemeanor violation under subdivision (a)(1) of this

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1 section shall be is a violation punishable by a fine of not less than twenty-

2 five dollars ($25.00) or more than five hundred dollars ($500).

3   (B) Each subsequent offense under subdivision (a)(1) of

4 this section shall be punishable by a fine of not more than five hundred

5 dollars ($500) or by imprisonment of not more than thirty (30) days, or by

6 both a fine and imprisonment is a Class C misdemeanor.

7   (b)(1) After providing notice and a hearing, the board may levy civil

8 penalties in an amount not to exceed one thousand dollars ($1,000) against a

9 person or entity for each violation of this subchapter or rules promulgated

10 under this subchapter.

11  (2) Each day of violation shall be a separate offense.

12  (c)(3) Unless a penalty assessed under this section subsection is paid

13 within fifteen (15) calendar days following the date for an appeal from the

14 order, the board may file suit in Pulaski County Circuit Court to obtain a

15 judgment for the amount of penalty not paid.

16  (d)(c) The penalties permitted in this section shall be in addition to

17 other penalties that may be imposed by the board under this subchapter.

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