Public Act 094-0638
 		





HB0130 Enrolled
LRB094 05160 RAS 35201 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 1. Short title. This Act may be cited as the Home 
Health and Hospice Drug Dispensation and Administration Act.
 
    Section 5. Legislative intent. The General Assembly 
intends to protect the home health care and hospice services 
patient by allowing authorized nursing employees in the home 
health and hospice professions to have specified drugs readily 
available when a patient may require their use.




 
    Section 10. Definitions. In this Act: 
    "Authorized nursing employee" means a registered nurse or  
advanced practice nurse, as defined in the Nursing and Advanced 
Practice Nursing Act, who is employed by a home health agency 
or hospice licensed in this State.
    "Health care professional" means a physician licensed to 
practice medicine in all its branches, an advanced practice 
nurse who has a written collaborative agreement with a 
collaborating physician that authorizes services under this 
Act, or a physician assistant who has been delegated the 
authority to perform services under this Act by his or her 
supervising physician.
    "Home health agency" has the meaning ascribed to it in 
Section 2.04 of the Home Health Agency Licensing Act.

    "Hospice" means a full hospice, as defined in Section 3 of 
the Hospice Program Licensing Act. 
    "Physician" means a physician licensed under the Medical 
Practice Act of 1987 to practice medicine in all its branches.
 
    Section 15. Purchase of specified drugs. A home health 
agency or hospice may purchase sealed portable containers of 
drugs specified in Section 20 of this Act pursuant to a 
prescription from its medical director who is a physician or 
from a health care professional for the purpose of 
administration to the agency's or hospice's patients under the 
patient's treating health care professional's orders.
 
    Section 20. Possession of specified drugs. 
    (a)    A home health agency, hospice, or authorized  nursing 
employee of an agency or hospice, in compliance with this 
Section, may possess or transport the following specified drugs 
in a sealed portable container for the purpose of 
administration to the agency's or hospice's patients pursuant 
to the patient's treating health care professional's orders:


        (1)   Sterile saline in a sealed portable container of a 
    size determined by the dispensing pharmacist.
        (2) Sterile water.
        (3)   Not more than 5 dosage units of any of the 
    following items in an individually sealed, unused portable 
    container:


            (A)  Heparin sodium lock flush in a concentration of 
        10 units per milliliter or 100 units per milliliter.
            (B) Epinephrine HCI solution in a concentration of 
        one to 1,000.


        (4)   Not more than 2 dosage units of Diphenhydramine 
    (Benadryl) 50 milligrams intravenously in an individually 
    sealed, unused portable container, clearly labeled, and 
    placed in a protective carrier.
 
    Section 25. Proper procedures. 
    (a)                            A home health agency, hospice, or authorized nursing 
employee of an agency or hospice may purchase, possess, or 
transport drugs listed in Section 20 of this Act in a sealed 
portable container only if the agency or hospice has 
established policies and procedures to ensure that:


        (1)    the container is handled properly with respect to 
    storage, transportation, and temperature stability;
        (2)   a drug is removed from the container only on a 
    health care professional's written or oral order;
        (3)   the administration of any drug in the container is 
    performed in accordance with a specific treatment 
    protocol; and
        (4)   the agency or hospice maintains a written signature 
    record of the dates and times the container is in the 
    possession of an authorized nursing employee.

    (b)                            An authorized nursing employee of an agency or hospice 
who administers a drug listed in Section 20 of this Act may 
administer the drug only in the patient's residence under a 
treating health care professional's orders in connection with 
the provision of emergency treatment or the adjustment of 
parenteral drug therapy.
    (c)                            When an authorized nursing employee of an agency or 
hospice administers a drug listed in Section 20 of this Act 
pursuant to a treating health care professional's oral order, 
the authorized nursing employee or the agency or hospice shall


reduce the order to written form and send this written 
confirmation  to the patient's treating health care 
professional by mail or facsimile transmission, not later than 
24 hours after receipt of the order.
    (d)                            A pharmacist who dispenses a sealed portable container 
under Section 20 of this Act shall ensure that the container:


        (1)   Is designed to allow access to the contents of the 
    container only if a tamper-proof seal is broken.
        (2)   Bears a label that lists the drugs in the container 
    and provides notice of the container's expiration date, 
    which is the earlier of:
            (A) the date that is 6 months after the date on 
        which the container is dispensed; or 
            (B) the earliest expiration date of any drug in the 
        container.
    (e)                              A pharmacy that dispenses a sealed portable container 
under this Act shall provide written instructions and counsel  
the authorized nursing employee of a home health agency or 
hospice on the safe storage, transportation, and temperature 
stability of the contents of the sealed container.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.






Effective Date:  8/22/2005