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91_HB0147
LRB9100635ACprA
1 AN ACT concerning respiratory care practitioners.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Respiratory Care Practice Act is amended
5 by changing Sections 55 and 95 as follows:
6 (225 ILCS 106/55)
7 Sec. 55. Licensure required. Beginning 6 months after
8 January 1, 1996 the effective date of this Act, and except as
9 provided in Section 15 of this Act, no individual shall hold
10 himself or herself out as a respiratory care practitioner,
11 unless he or she is licensed under this Act. Beginning
12 January 1, 2000, and except as provided in subsection (j) of
13 Section 15 of this Act, all individuals credentialed as
14 certified respiratory therapy technicians, certified
15 respiratory therapists, and registered respiratory therapists
16 by the National Board for Respiratory Care are required to be
17 licensed under this Act.
18 (Source: P.A. 89-33, eff. 1-1-96.)
19 (225 ILCS 106/95)
20 Sec. 95. Grounds for discipline.
21 (a) The Department may refuse to issue, renew, or may
22 revoke, suspend, place on probation, reprimand, or take other
23 disciplinary action as the Department considers appropriate,
24 including the issuance of fines not to exceed $5,000 for each
25 violation, with regard to any license for any one or more of
26 the following:
27 (1) Material misstatement in furnishing information
28 to the Department or to any other State or federal
29 agency.
30 (2) Violations of this Act, or any of its rules.
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1 (3) Conviction of any crime under the laws of the
2 United States or any state or territory thereof that is a
3 felony or a misdemeanor, an essential element of which is
4 dishonesty, or of any crime that is directly related to
5 the practice of the profession.
6 (4) Making any misrepresentation for the purpose of
7 obtaining a license.
8 (5) Professional incompetence or negligence in the
9 rendering of respiratory care services.
10 (6) Malpractice.
11 (7) Aiding or assisting another person in violating
12 any rules or provisions of this Act.
13 (8) Failing to provide information within 60 days
14 in response to a written request made by the Department.
15 (9) Engaging in dishonorable, unethical, or
16 unprofessional conduct of a character likely to deceive,
17 defraud, or harm the public.
18 (10) Violating the rules of professional conduct
19 adopted by the Department.
20 (11) Discipline by another jurisdiction, if at
21 least one of the grounds for the discipline is the same
22 or substantially equivalent to those set forth in this
23 Act.
24 (12) Directly or indirectly giving to or receiving
25 from any person, firm, corporation, partnership, or
26 association any fee, commission, rebate, or other form of
27 compensation for any professional services not actually
28 rendered.
29 (13) A finding by the Department that the licensee,
30 after having the license placed on probationary status,
31 has violated the terms of the probation.
32 (14) Abandonment of a patient.
33 (15) Willfully filing false reports relating to a
34 licensee's practice including, but not limited to, false
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1 records filed with a federal or State agency or
2 department.
3 (16) Willfully failing to report an instance of
4 suspected child abuse or neglect as required by the
5 Abused and Neglected Child Reporting Act.
6 (17) Providing respiratory care, other than
7 pursuant to the prescription of a licensed physician.
8 (18) Physical or mental disability including, but
9 not limited to, deterioration through the aging process
10 or loss of motor skills that results in the inability to
11 practice the profession with reasonable judgment, skill,
12 or safety.
13 (19) Solicitation of professional services by using
14 false or misleading advertising.
15 (20) Failure to file a tax return, or to pay the
16 tax, penalty, or interest shown in a filed return, or to
17 pay any final assessment of tax penalty, or interest, as
18 required by any tax Act administered by the Illinois
19 Department of Revenue or any successor agency or the
20 Internal Revenue Service or any successor agency.
21 (21) Irregularities in billing a third party for
22 services rendered or in reporting charges for services
23 not rendered.
24 (22) Being named as a perpetrator in an indicated
25 report by the Department of Children and Family Services
26 under the Abused and Neglected Child Reporting Act, and
27 upon proof by clear and convincing evidence that the
28 licensee has caused a child to be an abused child or
29 neglected child as defined in the Abused and Neglected
30 Child Reporting Act.
31 (23) Habitual or excessive use or addiction to
32 alcohol, narcotics, stimulants, or any other chemical
33 agent or drug that results in an inability to practice
34 with reasonable skill, judgment, or safety.
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1 (24) Being named as a perpetrator in an indicated
2 report by the Department on Aging under the Elder Abuse
3 and Neglect Act, and upon proof by clear and convincing
4 evidence that the licensee has caused an elderly person
5 to be abused or neglected as defined in the Elder Abuse
6 and Neglect Act.
7 (25) Willfully failing to report an instance of
8 suspected elder abuse or neglect as required by the Elder
9 Abuse and Neglect Act.
10 (b) The determination by a court that a licensee is
11 subject to involuntary admission or judicial admission as
12 provided in the Mental Health and Developmental Disabilities
13 Code will result in an automatic suspension of his or her
14 license. The suspension will end upon a finding by a court
15 that the licensee is no longer subject to involuntary
16 admission or judicial admission, the issuance of an order so
17 finding and discharging the patient, and the recommendation
18 of the Board to the Director that the licensee be allowed to
19 resume his or her practice.
20 (Source: P.A. 89-33, eff. 1-1-96; 90-655, eff. 7-30-98.)
21 Section 10. The Elder Abuse and Neglect Act is amended
22 by changing Section 2 as follows:
23 (320 ILCS 20/2) (from Ch. 23, par. 6602)
24 Sec. 2. Definitions. As used in this Act, unless the
25 context requires otherwise:
26 (a) "Abuse" means causing any physical, mental or sexual
27 injury to an eligible adult, including exploitation of such
28 adult's financial resources.
29 Nothing in this Act shall be construed to mean that an
30 eligible adult is a victim of abuse or neglect for the sole
31 reason that he or she is being furnished with or relies upon
32 treatment by spiritual means through prayer alone, in
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1 accordance with the tenets and practices of a recognized
2 church or religious denomination.
3 Nothing in this Act shall be construed to mean that an
4 eligible adult is a victim of abuse because of health care
5 services provided or not provided by licensed health care
6 professionals.
7 (a-5) "Abuser" means a person who abuses, neglects, or
8 financially exploits an eligible adult.
9 (a-7) "Caregiver" means a person who either as a result
10 of a family relationship, voluntarily, or in exchange for
11 compensation has assumed responsibility for all or a portion
12 of the care of an eligible adult who needs assistance with
13 activities of daily living.
14 (b) "Department" means the Department on Aging of the
15 State of Illinois.
16 (c) "Director" means the Director of the Department.
17 (d) "Domestic living situation" means a residence where
18 the eligible adult lives alone or with his or her family or a
19 caregiver, or others, or a board and care home or other
20 community-based unlicensed facility, but is not:
21 (1) A licensed facility as defined in Section 1-113
22 of the Nursing Home Care Act;
23 (2) A "life care facility" as defined in the Life
24 Care Facilities Act;
25 (3) A home, institution, or other place operated by
26 the federal government or agency thereof or by the State
27 of Illinois;
28 (4) A hospital, sanitarium, or other institution,
29 the principal activity or business of which is the
30 diagnosis, care, and treatment of human illness through
31 the maintenance and operation of organized facilities
32 therefor, which is required to be licensed under the
33 Hospital Licensing Act;
34 (5) A "community living facility" as defined in the
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1 Community Living Facilities Licensing Act;
2 (6) A "community residential alternative" as
3 defined in the Community Residential Alternatives
4 Licensing Act; and
5 (7) A "community-integrated living arrangement" as
6 defined in the Community-Integrated Living Arrangements
7 Licensure and Certification Act.
8 (e) "Eligible adult" means a person 60 years of age or
9 older who resides in a domestic living situation and is, or
10 is alleged to be, abused, neglected, or financially exploited
11 by another individual.
12 (f) "Emergency" means a situation in which an eligible
13 adult is living in conditions presenting a risk of death or
14 physical, mental or sexual injury and the provider agency has
15 reason to believe the eligible adult is unable to consent to
16 services which would alleviate that risk.
17 (f-5) "Mandated reporter" means any of the following
18 persons while engaged in carrying out their professional
19 duties:
20 (1) a professional or professional's delegate while
21 engaged in: (i) social services, (ii) law enforcement,
22 (iii) education, (iv) the care of an eligible adult or
23 eligible adults, or (v) any of the occupations required
24 to be licensed under the Clinical Psychologist Licensing
25 Act, the Clinical Social Work and Social Work Practice
26 Act, the Illinois Dental Practice Act, the Dietetic and
27 Nutrition Services Practice Act, the Marriage and Family
28 Therapy Licensing Act, the Medical Practice Act of 1987,
29 the Naprapathic Practice Act, the Illinois Nursing and
30 Advanced Practice Nursing Act of 1987, the Nursing Home
31 Administrators Licensing and Disciplinary Act, the
32 Illinois Occupational Therapy Practice Act, the Illinois
33 Optometric Practice Act of 1987, the Pharmacy Practice
34 Act of 1987, the Illinois Physical Therapy Act, the
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1 Physician Assistant Practice Act of 1987, the Podiatric
2 Medical Practice Act of 1987, the Respiratory Care
3 Practice Act, the Professional Counselor and Clinical
4 Professional Counselor Licensing Act, the Illinois
5 Speech-Language Pathology and Audiology Practice Act, the
6 Veterinary Medicine and Surgery Practice Act of 1994, and
7 the Illinois Public Accounting Act;
8 (2) an employee of a vocational rehabilitation
9 facility prescribed or supervised by the Department of
10 Human Services;
11 (3) an administrator, employee, or person providing
12 services in or through an unlicensed community based
13 facility;
14 (4) a Christian Science Practitioner;
15 (5) field personnel of the Department of Public
16 Aid, Department of Public Health, and Department of Human
17 Services, and any county or municipal health department;
18 (6) personnel of the Department of Human Services,
19 the Guardianship and Advocacy Commission, the State Fire
20 Marshal, local fire departments, the Department on Aging
21 and its subsidiary Area Agencies on Aging and provider
22 agencies, and the Office of State Long Term Care
23 Ombudsman;
24 (7) any employee of the State of Illinois not
25 otherwise specified herein who is involved in providing
26 services to eligible adults, including professionals
27 providing medical or rehabilitation services and all
28 other persons having direct contact with eligible adults;
29 or
30 (9) a person who performs the duties of a coroner
31 or medical examiner.
32 (g) "Neglect" means another individual's failure to
33 provide an eligible adult with or willful withholding from an
34 eligible adult the necessities of life including, but not
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1 limited to, food, clothing, shelter or medical care. This
2 subsection does not create any new affirmative duty to
3 provide support to eligible adults. Nothing in this Act
4 shall be construed to mean that an eligible adult is a victim
5 of neglect because of health care services provided or not
6 provided by licensed health care professionals.
7 (h) "Provider agency" means any public or nonprofit
8 agency in a planning and service area appointed by the
9 regional administrative agency with prior approval by the
10 Department on Aging to receive and assess reports of alleged
11 or suspected abuse, neglect, or financial exploitation.
12 (i) "Regional administrative agency" means any public or
13 nonprofit agency in a planning and service area so designated
14 by the Department, provided that the designated Area Agency
15 on Aging shall be designated the regional administrative
16 agency if it so requests. The Department shall assume the
17 functions of the regional administrative agency for any
18 planning and service area where another agency is not so
19 designated.
20 (j) "Substantiated case" means a reported case of
21 alleged or suspected abuse, neglect, or financial
22 exploitation in which a provider agency, after assessment,
23 determines that there is reason to believe abuse, neglect, or
24 financial exploitation has occurred.
25 (Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)
26 Section 15. The Abused and Neglected Child Reporting Act
27 is amended by changing Section 4 as follows:
28 (325 ILCS 5/4) (from Ch. 23, par. 2054)
29 Sec. 4. Persons required to report; privileged
30 communications; transmitting false report. Any physician,
31 resident, intern, hospital, hospital administrator and
32 personnel engaged in examination, care and treatment of
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1 persons, surgeon, dentist, dentist hygienist, osteopath,
2 chiropractor, podiatrist, physician assistant, substance
3 abuse treatment personnel, Christian Science practitioner,
4 funeral home director or employee, coroner, medical examiner,
5 emergency medical technician, acupuncturist, crisis line or
6 hotline personnel, school personnel, educational advocate
7 assigned to a child pursuant to the School Code, truant
8 officers, social worker, social services administrator,
9 domestic violence program personnel, registered nurse,
10 licensed practical nurse, respiratory care practitioner,
11 director or staff assistant of a nursery school or a child
12 day care center, recreational program or facility personnel,
13 law enforcement officer, registered psychologist and
14 assistants working under the direct supervision of a
15 psychologist, psychiatrist, or field personnel of the
16 Illinois Department of Public Aid, Public Health, Human
17 Services (acting as successor to the Department of Mental
18 Health and Developmental Disabilities, Rehabilitation
19 Services, or Public Aid), Corrections, Human Rights, or
20 Children and Family Services, supervisor and administrator of
21 general assistance under the Illinois Public Aid Code,
22 probation officer, or any other foster parent, homemaker or
23 child care worker having reasonable cause to believe a child
24 known to them in their professional or official capacity may
25 be an abused child or a neglected child shall immediately
26 report or cause a report to be made to the Department.
27 Whenever such person is required to report under this Act in
28 his capacity as a member of the staff of a medical or other
29 public or private institution, school, facility or agency, he
30 shall make report immediately to the Department in accordance
31 with the provisions of this Act and may also notify the
32 person in charge of such institution, school, facility or
33 agency or his designated agent that such report has been
34 made. Under no circumstances shall any person in charge of
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1 such institution, school, facility or agency, or his
2 designated agent to whom such notification has been made,
3 exercise any control, restraint, modification or other change
4 in the report or the forwarding of such report to the
5 Department. The privileged quality of communication between
6 any professional person required to report and his patient or
7 client shall not apply to situations involving abused or
8 neglected children and shall not constitute grounds for
9 failure to report as required by this Act. In addition to
10 the above persons required to report suspected cases of
11 abused or neglected children, any other person may make a
12 report if such person has reasonable cause to believe a child
13 may be an abused child or a neglected child. Any person who
14 enters into employment on and after July 1, 1986 and is
15 mandated by virtue of that employment to report under this
16 Act, shall sign a statement on a form prescribed by the
17 Department, to the effect that the employee has knowledge and
18 understanding of the reporting requirements of this Act. The
19 statement shall be signed prior to commencement of the
20 employment. The signed statement shall be retained by the
21 employer. The cost of printing, distribution, and filing of
22 the statement shall be borne by the employer. The Department
23 shall provide copies of this Act, upon request, to all
24 employers employing persons who shall be required under the
25 provisions of this Section to report under this Act.
26 Any person who knowingly transmits a false report to the
27 Department commits the offense of disorderly conduct under
28 subsection (a)(7) of Section 26-1 of the "Criminal Code of
29 1961". Any person who violates this provision a second or
30 subsequent time shall be guilty of a Class 4 felony.
31 Any person who knowingly and willfully violates any
32 provision of this Section other than a second or subsequent
33 violation of transmitting a false report as described in the
34 preceding paragraph, shall be guilty of a Class A
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1 misdemeanor.
2 A child whose parent, guardian or custodian in good faith
3 selects and depends upon spiritual means through prayer
4 alone for the treatment or cure of disease or remedial care
5 may be considered neglected or abused, but not for the sole
6 reason that his parent, guardian or custodian accepts and
7 practices such beliefs.
8 A child shall not be considered neglected or abused
9 solely because the child is not attending school in
10 accordance with the requirements of Article 26 of the School
11 Code, as amended.
12 (Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
13 89-706, eff. 1-31-97; 90-116, eff. 7-14-97.)
14 Section 99. Effective date. This Act takes effect
15 January 1, 2000.