Changes To Statutory QMAP Definition for Assisted Living Residences impacts QMAPs Trained before July 1, 2017. IMPORTANT

 

To: Assisted Living Providers and QMAPS working in Assisted Living Settings   From: Jane Flournoy, ALR Section, Health Facilities and Emergency Medical Service Division, Colorado Department of Public Health and Environment   On June 6, 2024, Governor Polis signed Senate Bill 24-167, which was initiated by Assisted Living stakeholders to add portability to certain training and testing. That bill added a definition of qualified medication administration personnel to the assisted living statutes at Section 25-27-102(10.5), C.R.S., as follows:   (10.5) “Qualified Medication Administration Personnel” means an individual who has passed a competency evaluation administered by an approved training entity on or after July 1, 2017, and whose name appears on the Department’s list of individuals who have passed the requisite competency evaluation.   This new statutory definition means that any QMAP working in an Assisted Living Residence who completed their QMAP training prior to July 1, 2017 will no longer qualify as a QMAP in an ALR as of January 1, 2025. Any individual whose QMAP training was prior to July 1, 2017 will need to complete QMAP training through an Approved Training Entity prior to January 1, 2025 to avoid a disruption in their ability to perform QMAP duties within an ALR.   The Department will soon start a short stakeholder process for 6 CCR 1011-1, Chapter 7, Assisted Living Residences, to incorporate this definitional change, as well implement the remaining parts of Senate Bill 24-167. However, as this definition is now in statute, the Department has no ability to modify it through rulemaking. That rulemaking is not expected to be heard by the Board of Health until mid-January, which is after the January 1, 2025 effective date of Senate Bill 24-167. This means that until those rules become effective sometime in March 2025, the definition of QMAP in Chapter 7 will be in conflict with statute.   As a reminder, when rules/regulations conflict with statute, the language of statute is the authority and is what must be followed. Therefore, beginning January 1, 2025, any individual who does not have QMAP training by an approved training entity on or after July 1, 2017 is no longer a QMAP in the ALR setting, and is not authorized to administer medications in an ALR. Individuals should undergo QMAP training by an Approved Training Entity prior to January 1, 2025 to continue their ALR QMAP duties.   Please note that Senate Bill 24-167 applies only to assisted living residences. QMAPs trained prior to July 1, 2017 will continue to be qualified medication administration personnel in all settings other than ALRs.   For questions, please contact Jane Flournoy at jane.flournoy@state.co.us .