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| Public Act 096-0456 |
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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 Respiratory Care Practice Act is amended by | ||||
changing Section 15 as follows:
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(225 ILCS 106/15)
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(Section scheduled to be repealed on January 1, 2016)
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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.
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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, a | ||
licensed
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
respiratory care | ||
procedures related to the pulmonary function test.
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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.
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(i)
Nothing in this Act shall prohibit a family member from | ||
providing respiratory care services to an ill person.
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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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(k) Nothing in this Act shall be construed to prohibit a | ||
person enrolled in a respiratory care education program or 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. 94-523, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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