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| Public Act 094-0523 |
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AN ACT concerning professional regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.16 and by adding Section 4.26 as follows:
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(5 ILCS 80/4.16)
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Sec. 4.16. Acts repealed January 1, 2006. The following | ||||
Acts are repealed January 1, 2006:
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The Respiratory Care Practice Act.
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The Hearing Instrument Consumer Protection Act.
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The Illinois Dental Practice Act.
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The Professional Geologist Licensing Act.
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The Illinois Athletic Trainers Practice Act.
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The Barber, Cosmetology, Esthetics, and Nail Technology | ||||
Act of 1985.
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The Collection Agency Act.
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The Illinois Roofing Industry Licensing Act.
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The Illinois Physical Therapy Act.
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(Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, | ||||
eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, | ||||
eff. 8-20-95; 89-626, eff.
8-9-96.)
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(5 ILCS 80/4.26 new)
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Sec. 4.26. Act repealed on January 1, 2016. The following | ||||
Act is repealed on January 1, 2016: | ||||
The Respiratory Care Practice Act. | ||||
Section 10. The Respiratory Care Practice Act is amended by | ||||
changing Sections 10, 15, 20, 35, 50, and 95 as follows:
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(225 ILCS 106/10)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 10. Definitions. In this Act:
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"Advanced practice nurse" means an advanced practice nurse | ||
licensed under the Nursing and Advanced Practice Nursing Act.
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"Board" means the Respiratory Care Board appointed by the | ||
Director. | ||
"Basic respiratory care activities" means and includes all | ||
of the following activities: | ||
(1) Cleaning, disinfecting, and sterilizing equipment | ||
used in the practice of respiratory care as delegated by a | ||
licensed health care professional or other authorized | ||
licensed personnel. | ||
(2) Assembling equipment used in the practice of | ||
respiratory care as delegated by a licensed health care | ||
professional or other authorized licensed personnel. | ||
(3) Collecting and reviewing patient data through | ||
non-invasive means, provided that the collection and | ||
review does not include the individual's interpretation of | ||
the clinical significance of the data. Collecting and | ||
reviewing patient data includes the performance of pulse | ||
oximetry and non-invasive monitoring procedures in order | ||
to obtain vital signs and notification to licensed health | ||
care professionals and other authorized licensed personnel | ||
in a timely manner. | ||
(4) Maintaining a nasal cannula or face mask for oxygen | ||
therapy in the proper position on the patient's face. | ||
(5) Assembling a nasal cannula or face mask for oxygen | ||
therapy at patient bedside in preparation for use. | ||
(6) Maintaining a patient's natural airway by | ||
physically manipulating the jaw and neck, suctioning the | ||
oral cavity, or suctioning the mouth or nose with a bulb | ||
syringe. | ||
(7) Performing assisted ventilation during emergency | ||
resuscitation using a manual resuscitator. | ||
(8) Using a manual resuscitator at the direction of a | ||
licensed health care professional or other authorized | ||
licensed personnel who is present and performing routine | ||
airway suctioning. These activities do not include care of | ||
a patient's artificial airway or the adjustment of | ||
mechanical ventilator settings while a patient is | ||
connected to the ventilator.
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"Basic respiratory care activities" does not mean activities | ||
that involve any of the following:
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(1) Specialized knowledge that results from a course of | ||
education or training in respiratory care. | ||
(2) An unreasonable risk of a negative outcome for the | ||
patient. | ||
(3) The assessment or making of a decision concerning | ||
patient care. | ||
(4) The administration of aerosol medication or | ||
oxygen. | ||
(5) The insertion and maintenance of an artificial | ||
airway. | ||
(6) Mechanical ventilatory support. | ||
(7) Patient assessment. | ||
(8) Patient education.
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"Department" means the Department of Professional | ||
Regulation.
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"Director" means the Director of
Professional Regulation.
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"Licensed" means that which is required to hold oneself
out | ||
as
a respiratory care
practitioner as defined in this Act.
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"Licensed 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 the advanced practice | ||
nurse to transmit orders to a respiratory care practitioner, or | ||
a physician assistant who has been delegated the authority to | ||
transmit orders to a respiratory care practitioner by his or | ||
her supervising physician
physician" means a physician | ||
licensed to practice medicine in all
its branches.
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"Order" means a written, oral, or telecommunicated | ||
authorization for respiratory care services for a patient by | ||
(i) a licensed health care professional who maintains medical | ||
supervision of the patient and makes a diagnosis or verifies | ||
that the patient's condition is such that it may be treated by | ||
a respiratory care practitioner or (ii) a certified registered | ||
nurse anesthetist in a licensed hospital or ambulatory surgical | ||
treatment center.
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"Other authorized licensed personnel" means a licensed | ||
respiratory care practitioner, a licensed registered nurse, or | ||
a licensed practical nurse whose scope of practice authorizes | ||
the professional to supervise an individual who is not | ||
licensed, certified, or registered as a health professional. | ||
"Proximate supervision" means a situation in which an | ||
individual is
responsible for directing the actions of another | ||
individual in the facility and is physically close enough to be | ||
readily available, if needed, by the supervised individual.
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"Respiratory care" and "cardiorespiratory care"
mean | ||
preventative services, evaluation and assessment services, | ||
therapeutic services, and rehabilitative services under the | ||
order of a licensed health care professional or a certified | ||
registered nurse anesthetist in a licensed hospital for an | ||
individual with a disorder, disease, or abnormality of the | ||
cardiopulmonary system. These terms include, but are not | ||
limited to, measuring, observing, assessing, and monitoring | ||
signs and symptoms, reactions, general behavior, and general | ||
physical response of individuals to respiratory care services, | ||
including the determination of whether those signs, symptoms, | ||
reactions, behaviors, or general physical responses exhibit | ||
abnormal characteristics; the administration of | ||
pharmacological and therapeutic agents related to respiratory | ||
care services; the collection of blood specimens and other | ||
bodily fluids and tissues for, and the performance of, | ||
cardiopulmonary diagnostic testing procedures, including, but | ||
not limited to, blood gas analysis; development, | ||
implementation, and modification of respiratory care treatment | ||
plans based on assessed abnormalities of the cardiopulmonary | ||
system, respiratory care guidelines, referrals, and orders of a | ||
licensed health care professional; application, operation, and | ||
management of mechanical ventilatory support and other means of | ||
life support; and the initiation of emergency procedures under | ||
the rules promulgated by the Department. A respiratory care | ||
practitioner shall refer to a physician licensed to practice | ||
medicine in all its branches any patient whose condition, at | ||
the time of evaluation or treatment, is determined to be beyond | ||
the scope of practice of the respiratory care practitioner.
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include, but are not limited to, direct and indirect
services | ||
in the implementation of treatment, management, disease | ||
prevention,
diagnostic testing, monitoring, and care of | ||
patients with deficiencies and
abnormalities associated with | ||
the cardiopulmonary system, including (i) a
determination of | ||
whether such signs and symptoms, reactions, behavior, and
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general response exhibit abnormal characteristics and (ii) | ||
implementation of
treatment based on the observed | ||
abnormalities, of appropriate reporting,
referral, respiratory | ||
care protocols, or changes in treatment pursuant to the
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written, oral, or telephone transmitted orders of a
licensed | ||
physician.
"Respiratory care" includes the transcription and | ||
implementation of written,
oral, and telephone transmitted | ||
orders by a licensed physician
pertaining to the practice of | ||
respiratory care and the initiation of emergency
procedures | ||
under rules promulgated by the Board or as otherwise permitted | ||
in
this Act. The practice of respiratory care may be
performed | ||
in any clinic, hospital, skilled nursing facility, private | ||
dwelling,
or other place considered appropriate by the Board in | ||
accordance with the
written, oral, or telephone transmitted | ||
order of a
physician and
shall be performed under the direction | ||
of a licensed
physician. "Respiratory
care" includes | ||
inhalation and respiratory therapy.
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"Respiratory care education program" means a course of | ||
academic study leading
to eligibility for registry or | ||
certification in respiratory care. The training
is to be | ||
approved by an accrediting agency recognized by the Board and | ||
shall
include an evaluation of competence through a | ||
standardized testing mechanism
that is determined by the Board | ||
to be both valid and reliable.
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"Respiratory care practitioner" means a person who is | ||
licensed by the
Department of Professional Regulation and meets | ||
all of the following
criteria:
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(1) The person is engaged in the practice of | ||
cardiorespiratory care and
has the knowledge and skill | ||
necessary to administer respiratory care.
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(2) The person is capable of serving as a resource to | ||
the
licensed
health care professional
physician in
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relation to the technical aspects of cardiorespiratory | ||
care and the safe and
effective methods for administering | ||
cardiorespiratory care modalities.
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(3) The person is able to function in situations of | ||
unsupervised patient
contact requiring great individual | ||
judgment.
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(4) The person is capable of supervising, directing, or | ||
teaching less
skilled personnel in the provision of | ||
respiratory care services.
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(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/15)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 15. Exemptions.
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(a) This Act does not prohibit a person legally regulated | ||
in this State by
any other Act from engaging in any practice | ||
for which he or she is authorized.
as long as he or she does not | ||
represent himself or herself by the title of
respiratory care | ||
practitioner. This Act does not prohibit the
practice of | ||
nonregulated professions whose practitioners are engaged in | ||
the
delivery of respiratory care as long as these practitioners | ||
do not represent
themselves as or use the title of a | ||
respiratory care practitioner.
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(b) Nothing in this Act shall prohibit the practice of | ||
respiratory care by a
person who is employed by the United | ||
States government or any bureau, division,
or agency thereof
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while in the discharge of the employee's official duties.
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(c) Nothing in this Act shall be construed to limit the | ||
activities and
services of a person enrolled in an approved | ||
course of study leading to a
degree or certificate of registry | ||
or certification eligibility in respiratory
care if these | ||
activities and services constitute a part of a supervised | ||
course
of study and if the person is designated by a title | ||
which clearly indicates his
or her status as a student or | ||
trainee. Status as a student or trainee shall
not exceed 3 | ||
years from the date of enrollment in an approved course.
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(d) Nothing in this Act shall prohibit a person from | ||
treating ailments by
spiritual means through prayer alone in | ||
accordance with the tenets and
practices of a recognized church | ||
or religious denomination.
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(e) Nothing in this Act shall be construed to prevent a | ||
person who is a
registered nurse, an advanced practice nurse,
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or a certified registered nurse anesthetist or a licensed
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practical nurse, a physician assistant, or a physician licensed | ||
to practice medicine in all its branches from providing | ||
respiratory care.
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(f) Nothing in this Act shall limit a person who is | ||
credentialed by the
National Society for Cardiopulmonary | ||
Technology or the National Board for
Respiratory Care from | ||
performing pulmonary function tests and related
respiratory | ||
care procedures related to the pulmonary function test
for | ||
which appropriate competencies have been
demonstrated.
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(g) Nothing in this Act shall prohibit the collection and | ||
analysis of blood
by clinical laboratory personnel meeting the | ||
personnel standards of the
Illinois Clinical Laboratory Act.
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(h)
Nothing in this Act shall prohibit a polysomnographic | ||
technologist, technician, or trainee, as defined in the job | ||
descriptions jointly accepted by the American Academy of Sleep | ||
Medicine, the Association of Polysomnographic Technologists, | ||
the Board of Registered Polysomnographic Technologists, and | ||
the American Society of Electroneurodiagnostic Technologists, | ||
from performing activities within the scope of practice of | ||
polysomnographic technology while under the direction of a | ||
physician licensed in this State
limit the activities of a | ||
person who is not
licensed under this Act from performing | ||
respiratory care if he or she does
not
represent himself or | ||
herself as a respiratory care practitioner.
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(i)
Nothing in this Act shall prohibit a family member from | ||
providing respiratory care services to an ill person
qualified | ||
members of other
professional groups, including but not limited | ||
to nurses, from performing or
advertising that he or she | ||
performs the work of a respiratory care practitioner
in a | ||
manner consistent with his or her training, or any code of | ||
ethics of
his or her
respective professions, but only if he or | ||
she does not represent
himself or herself
by any
title or | ||
description as a respiratory care practitioner.
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(j) Nothing in this Act shall be construed to limit an | ||
unlicensed practitioner in a licensed hospital who is working | ||
under the proximate supervision of a licensed health care | ||
professional or other authorized licensed personnel and | ||
providing direct patient care services from performing basic | ||
respiratory care activities if the unlicensed practitioner
(i) | ||
has been trained to perform the basic respiratory care | ||
activities at the facility that employs or contracts with the | ||
individual and (ii) at a minimum, has annually received an | ||
evaluation of the unlicensed practitioner's performance of | ||
basic respiratory care activities documented by the facility.
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This Act does not prohibit a hospital, nursing home, long-term | ||
care
facility, home health agency, health system or network, or | ||
any other
organization or institution that provides health or | ||
illness care for
individuals or communities from providing | ||
respiratory care through
practitioners that the organization | ||
considers competent. These entities shall
not be required to | ||
utilize licensed respiratory care practitioners to practice
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respiratory care when providing respiratory care for their | ||
patients or
customers. Organizations providing respiratory | ||
care may decide who is
competent to deliver that respiratory | ||
care. Nothing in this Act shall be
construed to limit the | ||
ability of an employer to utilize a respiratory care
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practitioner within the employment setting consistent with the | ||
individual's
skill and training.
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(k) Nothing in this Act shall be construed to prohibit a | ||
person enrolled in an approved course of study leading to a | ||
degree or certification in a health care-related discipline | ||
that provides respiratory care activities within his or her | ||
scope of practice and employed in a licensed hospital in order | ||
to provide direct patient care services under the direction of | ||
other authorized licensed personnel from providing respiratory | ||
care activities.
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(Source: P.A. 91-259, eff. 1-1-00.)
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(225 ILCS 106/20)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 20. Restrictions and limitations.
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(a) No person shall, without a valid license as a | ||
respiratory care
practitioner (i) hold himself or herself out | ||
to the public as a respiratory
care practitioner; or (ii) use | ||
the title "respiratory care practitioner"; or (iii) perform the | ||
duties of a respiratory care practitioner, except as provided | ||
in Section 15 of this Act.
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(b) Nothing in the Act shall be construed to permit a | ||
person licensed as
a respiratory care practitioner to engage in | ||
any manner in the practice of
medicine in all its branches as | ||
defined by State law.
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(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/35)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 35. Respiratory Care Board.
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(a) The Director shall appoint a Respiratory Care Board | ||
which shall serve in
an advisory capacity to the Director. The | ||
Board shall consist of 9 persons of
which 4 members shall be | ||
currently engaged in the practice of respiratory care
with a
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minimum of 3 years practice in the State of Illinois, 3 members | ||
shall be
qualified medical directors, and 2 members shall be | ||
hospital administrators.
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(b) Members shall be appointed to a 3-year term; except, | ||
initial appointees
shall serve the following terms: 3 members | ||
shall serve for one year, 3 members
shall serve for 2 years, | ||
and 3 members shall serve for 3 years. A member whose
term has | ||
expired shall continue to serve until his or her successor is
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appointed and qualified. No member shall be reappointed to the | ||
Board for a
term that would cause his or her continuous service | ||
on the Board to be longer
than 8 years. Appointments to fill | ||
vacancies shall be made in the same manner
as original | ||
appointments for the unexpired portion of the vacated term.
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Initial terms shall begin upon the effective date of this Act.
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(c) The membership of the Board shall reasonably represent | ||
all the
geographic
areas in this State. The Director shall | ||
consider the recommendations of the
organization representing | ||
the largest number of respiratory care practitioners
for | ||
appointment of the respiratory care practitioner members of the | ||
Board and
the organization representing the largest number of | ||
licensed
physicians licensed to practice medicine in all its | ||
branches for the
appointment of medical directors to the board.
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(d) The Director has the authority to remove any member of | ||
the Board from
office for neglect of any duty required by law, | ||
for incompetence
incompetency, or for
unprofessional or | ||
dishonorable conduct.
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(e) The Director shall consider the recommendations of the | ||
Board on
questions involving standards of professional | ||
conduct, discipline, and
qualifications of candidates for | ||
licensure under this Act.
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(f) The members of the Board shall be reimbursed for all | ||
legitimate and
necessary expenses incurred in attending | ||
meetings of the Board.
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(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/50)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 50. Qualifications for a license.
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(a) A person is qualified to be licensed as a licensed | ||
respiratory care
practitioner, and the Department may issue a | ||
license authorizing the practice
of respiratory care to an | ||
applicant who:
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(1) has applied in writing on the prescribed form and | ||
has paid the
required fee;
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(2) has successfully completed a respiratory care | ||
training program
approved by the Department;
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(3) has successfully passed an examination for the | ||
practice of respiratory
care authorized by the Department, | ||
within 5 years of making application; and
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(4) has paid the fees required by this Act.
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Any person who has received certification by any state or | ||
national
organization whose standards are accepted by the | ||
Department as being
substantially similar to the standards in | ||
this Act may apply for a respiratory
care practitioner license | ||
without examination.
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(b) Beginning 6 months after December 31, 2005, all | ||
individuals who provide satisfactory evidence to the | ||
Department of 3 years of experience, with a minimum of 400 | ||
hours per year, in the practice of respiratory care during the | ||
5 years immediately preceding December 31, 2005 shall be issued | ||
a license, unless the license may be denied under Section 95 of | ||
this Act. This experience must have been obtained while under | ||
the supervision of a certified respiratory therapist, a | ||
registered respiratory therapist, or a licensed registered | ||
nurse or under the supervision or direction of a licensed | ||
health care professional. All applications for a license under | ||
this subsection (b) shall be postmarked within 12 months after | ||
December 31, 2005.
All individuals who, on the effective date | ||
of this Act, provide
satisfactory evidence to the Department of | ||
3 years experience in the practice
of respiratory care during | ||
the 5 years immediately preceding the effective date
of this | ||
Act shall be issued a license. To qualify for a license under
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subsection (b), all applications for a license under this | ||
subsection (b) shall
be filed within 24 months after the | ||
effective date of this Act.
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(c) A person may practice as a respiratory care | ||
practitioner if he or she has applied in writing to the | ||
Department in form and substance satisfactory to the Department | ||
for a license as a licensed respiratory care practitioner and | ||
has complied with all the provisions under this Section except | ||
for the passing of an examination to be eligible to receive | ||
such license, until the Department has made the decision that | ||
the applicant has failed to pass the next available examination | ||
authorized by the Department or has failed, without an approved | ||
excuse, to take the next available examination authorized by | ||
the Department or until the withdrawal of the application, but | ||
not to exceed 6 months. An applicant practicing professional | ||
registered respiratory care under this subsection (c) who | ||
passes the examination, however, may continue to practice under | ||
this subsection (c) until such time as he or she receives his | ||
or her license to practice or until the Department notifies him | ||
or her that the license has been denied. No applicant for | ||
licensure practicing under the provisions of this subsection | ||
(c) shall practice professional respiratory care except under | ||
the direct supervision of a licensed health care professional | ||
or authorized licensed personnel. In no instance shall any such | ||
applicant practice or be employed in any supervisory capacity. | ||
(Source: P.A. 89-33, eff. 1-1-96.)
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(225 ILCS 106/95)
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(Section scheduled to be repealed on January 1, 2006)
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Sec. 95. Grounds for discipline.
| ||
(a) The Department may refuse to issue, renew, or may | ||
revoke, suspend, place
on probation, reprimand, or take other | ||
disciplinary action as the Department
considers appropriate, | ||
including the issuance of fines not to exceed $5,000 for
each | ||
violation, with regard to any license for any one or more of | ||
the
following:
| ||
(1) Material misstatement in furnishing information to | ||
the Department or
to any other State or federal agency.
| ||
(2) Violations of this Act, or any
of its rules.
| ||
(3) Conviction of any crime under the laws of the | ||
United States or any
state or territory thereof that is a | ||
felony or a misdemeanor, an essential
element of which is | ||
dishonesty, or of any crime that is directly related to the
| ||
practice of the profession.
| ||
(4) Making any misrepresentation for the purpose of | ||
obtaining a license.
| ||
(5) Professional incompetence or negligence in the | ||
rendering of
respiratory care services.
| ||
(6) Malpractice.
| ||
(7) Aiding or assisting another person in violating any | ||
rules or
provisions of this Act.
| ||
(8) Failing to provide information within 60 days in | ||
response to a written
request made by the Department.
| ||
(9) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public.
| ||
(10) Violating the rules of professional conduct | ||
adopted by the
Department.
| ||
(11) Discipline by another jurisdiction, if at least | ||
one of the grounds
for the discipline is the same or | ||
substantially equivalent to those set forth
in this Act.
| ||
(12) Directly or indirectly giving to or receiving from | ||
any person, firm,
corporation, partnership, or association | ||
any fee, commission, rebate, or other
form of compensation | ||
for any professional services not actually rendered.
| ||
(13) A finding by the Department that the licensee, | ||
after having the
license placed on probationary status, has | ||
violated the terms of the probation.
| ||
(14) Abandonment of a patient.
| ||
(15) Willfully filing false reports relating to a | ||
licensee's practice
including, but not limited to, false | ||
records filed with a federal or State
agency or department.
| ||
(16) Willfully failing to report an instance of | ||
suspected child abuse or
neglect as required by the Abused | ||
and Neglected Child Reporting Act.
| ||
(17) Providing respiratory care, other than pursuant | ||
to an order
the
prescription
of a licensed
physician.
| ||
(18) Physical or mental disability
including, but not | ||
limited to, deterioration through
the aging process or loss | ||
of motor skills that results in the inability to
practice | ||
the profession with reasonable judgment, skill, or safety.
| ||
(19) Solicitation of professional services by using | ||
false or misleading
advertising.
| ||
(20) Failure to file a tax return, or to pay the tax, | ||
penalty, or interest
shown in a filed return, or to pay any | ||
final assessment of tax penalty, or
interest, as required | ||
by any tax Act administered by the Illinois Department of
| ||
Revenue or any successor agency or the Internal Revenue | ||
Service or
any
successor agency.
| ||
(21) Irregularities in billing a third party for | ||
services rendered or in
reporting charges for services not | ||
rendered.
| ||
(22) Being named as a perpetrator in an indicated | ||
report by the Department
of Children and Family Services | ||
under the Abused and Neglected Child Reporting
Act, and | ||
upon proof by clear and convincing evidence that the | ||
licensee has
caused a child to be an abused child or | ||
neglected child as defined in the
Abused and Neglected | ||
Child Reporting Act.
| ||
(23) Habitual or excessive use or addiction to alcohol, | ||
narcotics,
stimulants, or any other chemical agent or drug | ||
that results in an inability to
practice with reasonable | ||
skill, judgment, or safety.
| ||
(24) Being named as a perpetrator in an indicated | ||
report by the
Department on Aging under the Elder Abuse and | ||
Neglect Act, and upon proof by
clear and convincing | ||
evidence that the licensee has caused an elderly person to
| ||
be abused or neglected as defined in the Elder Abuse and | ||
Neglect Act.
| ||
(25) Willfully failing to report an instance of | ||
suspected elder abuse or
neglect as required by the Elder | ||
Abuse and Neglect Act.
| ||
(b) The determination by a court that a licensee is subject | ||
to involuntary
admission or judicial admission as provided in | ||
the Mental Health and
Developmental Disabilities Code will | ||
result in an automatic suspension of his
or
her license. The | ||
suspension will end upon a finding by a court that the
licensee | ||
is no
longer subject to involuntary admission or judicial | ||
admission, the issuance
of an order so finding and discharging | ||
the patient, and the recommendation of
the Board to the | ||
Director that the licensee be allowed to resume his or her
| ||
practice.
| ||
(Source: P.A. 90-655, eff. 7-30-98; 91-259, eff. 1-1-00.)
| ||
(225 ILCS 106/55 rep.)
| ||
Section 15. The Respiratory Care Practice Act is amended by | ||
repealing Section 55.
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2006. | ||