Revision: Aug. 6, 2024, 10:16 a.m.
CHAPTER 344
HB 1585 - FINAL VERSION
28Mar2024... 1246h
05/23/2024 2005s
05/23/2024 2181s
13Jun2024... 2227CofC
13Jun2024... 2360EBA
2024 SESSION
24-2239
05/10
HOUSE BILL 1585
SPONSORS: Rep. Grote, Rock. 24; Rep. Schapiro, Ches. 16; Rep. Weber, Ches. 5
COMMITTEE: Health, Human Services and Elderly Affairs
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill defines the position of certified assisted living medication aide (CALMA) under the nurse practice act, provides for certification as a CALMA through the office of professional licensure and certification, and authorizes a CALMA to administer medication to individuals in specified residential settings.
The bill also makes an appropriation to the department of health and human services, state office of rural health, for the state loan repayment program to qualified nursing professionals, and directs the department of health and human services to provide a report to the legislature on a budget proposal for a student loan forgiveness program that would cover nurses who do not qualify for the state loan repayment program.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
28Mar2024... 1246h
05/23/2024 2005s
05/23/2024 2181s
13Jun2024... 2227CofC
13Jun2024... 2360EBA 24-2239
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
344:1 New Paragraph; Nurse Practice Act; Definition of Administrator Added. Amend RSA 326-B:2 by inserting after paragraph I-a the following new paragraph:
I-b. "Administrator” means the licensee or individual appointed by the licensee of the facility to be responsible for all aspects of the daily operation of the licensed premise.
344:2 New Paragraphs; Nurse Practice Act; Definitions Added. Amend RSA 326-B:2 by inserting after paragraph II the following new paragraphs:
II-a. “Certified assisted living medication aide” or “CALMA” means an individual who is certified by the office of professional licensure and certification to administer specific classes of and routes of medication, as described in rule, in a residential setting as defined in RSA 151:9, VII(a)(1) and RSA 151:9, VII(a)(2) under the direction of the facility administrator with access to clinical consultation 24 hours a day.
II-b. “Clinical consultant” means an APRN, RN, LPN, PA, or physician available electronically or in person 24 hours a day to provide clinical consultation.
344:3 New Section; Nurse Practice Act; Scope of Practice; Certified Assisted Living Medication Aide. Amend RSA 326-B by inserting after section 14 the following new section:
326-B:14-a Scope of Practice; Certified Assisted Living Medication Aide.
I. A certified assisted living medication aide (CALMA) shall practice under the supervision of the administrator of the licensed facility and have access to clinical consultation 24 hours a day appropriate for the setting in accordance with regulations established pursuant to RSA 326-B:4, I.
II. A CALMA is responsible for competency in the CALMA education program curriculum approved by the board.
III. A CALMA is authorized to administer non-injectable medication if:
(a) The individual holds a currently valid certificate of completion from a board-approved CALMA education program; and
(b) The persons served are in a residential setting as defined in RSA 151:9, VII(a)(1) and (2).
IV. After successful completion of the CALMA education program, a CALMA shall be able to:
(a) Apply knowledge and techniques in the practice of medication administration;
(b) Communicate effectively with the administrator and other health care professionals concerning the administration of medication;
(c) Maintain safe and effective methods of medication administration; and
(d) Maintain records as directed by the administrator of the facility.
V. Any expansion of the scope of practice shall be adopted by legislation in accordance with RSA 332-G:6.
344:4 New Section; Nurse Practice Act; Certified Assisted Living Medication Aide. Amend RSA 326-B by inserting after section 27 the following new section:
326-B:27-a Certified Assisted Living Medication Aide (CALMA).
I. Applicants for an initial certification for CALMA shall:
(a) Have participated in and completed a board-approved CALMA education program which offers a minimum of 40 hours of classroom and clinical setting education as defined by the board.
(b) Have passed an examination approved by the board.
(c) Have paid the certification fee.
(d) Be an employee of a residential care facility or supported residential care facility.
(e) Be at least 18 years of age.
II. Certification shall be renewed as required by RSA 310:8.
344:5 New Paragraph; Nurse Practice Act; Continuing Education; CALMA. Amend RSA 326-B:31 by inserting after paragraph III the following new paragraph:
IV. A CALMA shall complete 8 hours of continuing education relative to medication administration in programs approved by the board every 2 years.
344:6 New Paragraph; Nurse Practice Act; Rulemaking; Medication Administration. Amend RSA 326-B:9 by inserting after paragraph XIV the following new paragraph:
XV. Criteria for the administration of medications and the process of approving a registered nurse to conduct a medication administration educational program. Such rules shall include CALMA continuing education regarding medication administration under RSA 326-B:31, IV.
344:7 Appropriation. For the biennium ending June 30, 2025, the sum of $300,000 is hereby appropriated to the department of health and human services, state office of rural health, established under RSA 126-A:5, XVIII, for deposit into the state loan repayment program, established pursuant to RSA 6:12, I(b)(330). These dedicated, non-lapsing funds shall be limited to qualified nursing professionals licensed under RSA 326-B, the nurse practice act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
344:8 Reporting. The department of health and human services shall provide a report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house committees with jurisdiction over health and human services, the senate clerk, the house clerk, the governor, and the state library. This report shall contain a budget proposal for a student loan forgiveness program that would cover nurses who do not qualify for the state loan repayment program, and shall be submitted on or before November 1, 2024.
344:9 Contingency. If HB 1095 of the 2024 regular legislative session becomes law, then RSA 326-B:9, XV, as inserted by section 6 of the bill, shall be renumbered to read RSA 326-B:9, XVI.
I. Sections 1-6 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
Approved: August 02, 2024
Effective Date:
I. Sections 1-6 effective October 1, 2024
II. Remainder effective August 2, 2024