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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0147eng HB0147 Engrossed 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 15, 55, and 95 as follows: 6 (225 ILCS 106/15) 7 Sec. 15. Exemptions. 8 (a) This Act does not prohibit a person legally 9 regulated in this State by any other Act from engaging in any 10 practice for which he or she is authorized as long as he or 11 she does not represent himself or herself by the title of 12 respiratory care practitioner. This Act does not prohibit 13 the practice of nonregulated professions whose practitioners 14 are engaged in the delivery of respiratory care as long as 15 these practitioners do not represent themselves as or use the 16 title of a respiratory care practitioner. 17 (b) Nothing in this Act shall prohibit the practice of 18 respiratory care by a person who is employed by the United 19 States government or any bureau, division, or agency thereof 20 while in the discharge of the employee's official duties. 21 (c) Nothing in this Act shall be construed to limit the 22 activities and services of a person enrolled in an approved 23 course of study leading to a degree or certificate of 24 registry or certification eligibility in respiratory care if 25 these activities and services constitute a part of a 26 supervised course of study and if the person is designated by 27 a title which clearly indicates his or her status as a 28 student or trainee. Status as a student or trainee shall not 29 exceed 3 years from the date of enrollment in an approved 30 course. 31 (d) Nothing in this Act shall prohibit a person from HB0147 Engrossed -2- LRB9100635ACprA 1 treating ailments by spiritual means through prayer alone in 2 accordance with the tenets and practices of a recognized 3 church or religious denomination. 4 (e) Nothing in this Act shall be construed to prevent a 5 person who is a registered nurse or a certified registered 6 nurse anesthetist or a licensed practical nurse from 7 providing respiratory care. 8 (f) Nothing in this Act shall limit a person who is 9 credentialed by the National Society for Cardiopulmonary 10 Technology or the National Board for Respiratory Care from 11 performing pulmonary function tests and related respiratory 12 care procedures for which appropriate competencies have been 13 demonstrated. 14 (g) Nothing in this Act shall prohibit the collection 15 and analysis of blood by clinical laboratory personnel 16 meeting the personnel standards of the Illinois Clinical 17 Laboratory Act. 18 (h) Nothing in this Act shall limit the activities of a 19 person who is not licensed under this Act from performing 20 respiratory care if he or she does not represent himself or 21 herself as a respiratory care practitioner. 22 (i) Nothing in this Act shall prohibit qualified members 23 of other professional groups, including but not limited to 24 nurses, from performing or advertising that he or she 25 performs the work of a respiratory care practitioner in a 26 manner consistent with his or her training, or any code of 27 ethics of his or her respective professions, but only if he 28 or she does not represent himself or herself by any title or 29 description as a respiratory care practitioner. 30 (j) This Act does not prohibit a hospital, nursing home, 31 long-term care facility, home health agency, health system or 32 network, or any other organization or institution that 33 provides health or illness care for individuals or 34 communities from providing respiratory care through HB0147 Engrossed -3- LRB9100635ACprA 1 practitioners that the organization considers competent. 2 These entities shall not be required to utilize licensed 3 respiratory care practitioners to practice respiratory care 4 when providing respiratory care for their patients or 5 customers. Organizations providing respiratory care may 6 decide who is competent to deliver that respiratory care. 7 Nothing in this Act shall be construed to limit the ability 8 of an employer to utilize a respiratory care practitioner 9 within the employment setting consistent with the 10 individual's skill and training. 11 (Source: P.A. 89-33, eff. 1-1-96.) 12 (225 ILCS 106/55) 13 Sec. 55. Licensure required. Beginning 6 months after 14 January 1, 1996the effective date of this Act, and except as 15 provided in Section 15 of this Act, no individual shall hold 16 himself or herself out as a respiratory care practitioner, 17 unless he or she is licensed under this Act. Individuals who 18 have been licensed respiratory care practitioners in any 19 jurisdiction and who are seeking to practice respiratory care 20 in this State must apply for licensure within 45 days after 21 beginning employment within the State. 22 (Source: P.A. 89-33, eff. 1-1-96.) 23 (225 ILCS 106/95) 24 Sec. 95. Grounds for discipline. 25 (a) The Department may refuse to issue, renew, or may 26 revoke, suspend, place on probation, reprimand, or take other 27 disciplinary action as the Department considers appropriate, 28 including the issuance of fines not to exceed $5,000 for each 29 violation, with regard to any license for any one or more of 30 the following: 31 (1) Material misstatement in furnishing information 32 to the Department or to any other State or federal HB0147 Engrossed -4- LRB9100635ACprA 1 agency. 2 (2) Violations of this Act, or any of its rules. 3 (3) Conviction of any crime under the laws of the 4 United States or any state or territory thereof that is a 5 felony or a misdemeanor, an essential element of which is 6 dishonesty, or of any crime that is directly related to 7 the practice of the profession. 8 (4) Making any misrepresentation for the purpose of 9 obtaining a license. 10 (5) Professional incompetence or negligence in the 11 rendering of respiratory care services. 12 (6) Malpractice. 13 (7) Aiding or assisting another person in violating 14 any rules or provisions of this Act. 15 (8) Failing to provide information within 60 days 16 in response to a written request made by the Department. 17 (9) Engaging in dishonorable, unethical, or 18 unprofessional conduct of a character likely to deceive, 19 defraud, or harm the public. 20 (10) Violating the rules of professional conduct 21 adopted by the Department. 22 (11) Discipline by another jurisdiction, if at 23 least one of the grounds for the discipline is the same 24 or substantially equivalent to those set forth in this 25 Act. 26 (12) Directly or indirectly giving to or receiving 27 from any person, firm, corporation, partnership, or 28 association any fee, commission, rebate, or other form of 29 compensation for any professional services not actually 30 rendered. 31 (13) A finding by the Department that the licensee, 32 after having the license placed on probationary status, 33 has violated the terms of the probation. 34 (14) Abandonment of a patient. HB0147 Engrossed -5- LRB9100635ACprA 1 (15) Willfully filing false reports relating to a 2 licensee's practice including, but not limited to, false 3 records filed with a federal or State agency or 4 department. 5 (16) Willfully failing to report an instance of 6 suspected child abuse or neglect as required by the 7 Abused and Neglected Child Reporting Act. 8 (17) Providing respiratory care, other than 9 pursuant to the prescription of a licensed physician. 10 (18) Physical or mental disability including, but 11 not limited to, deterioration through the aging process 12 or loss of motor skills that results in the inability to 13 practice the profession with reasonable judgment, skill, 14 or safety. 15 (19) Solicitation of professional services by using 16 false or misleading advertising. 17 (20) Failure to file a tax return, or to pay the 18 tax, penalty, or interest shown in a filed return, or to 19 pay any final assessment of tax penalty, or interest, as 20 required by any tax Act administered by the Illinois 21 Department of Revenue or any successor agency or the 22 Internal Revenue Service or any successor agency. 23 (21) Irregularities in billing a third party for 24 services rendered or in reporting charges for services 25 not rendered. 26 (22) Being named as a perpetrator in an indicated 27 report by the Department of Children and Family Services 28 under the Abused and Neglected Child Reporting Act, and 29 upon proof by clear and convincing evidence that the 30 licensee has caused a child to be an abused child or 31 neglected child as defined in the Abused and Neglected 32 Child Reporting Act. 33 (23) Habitual or excessive use or addiction to 34 alcohol, narcotics, stimulants, or any other chemical HB0147 Engrossed -6- LRB9100635ACprA 1 agent or drug that results in an inability to practice 2 with reasonable skill, judgment, or safety. 3 (24) Being named as a perpetrator in an indicated 4 report by the Department on Aging under the Elder Abuse 5 and Neglect Act, and upon proof by clear and convincing 6 evidence that the licensee has caused an elderly person 7 to be abused or neglected as defined in the Elder Abuse 8 and Neglect Act. 9 (25) Willfully failing to report an instance of 10 suspected elder abuse or neglect as required by the Elder 11 Abuse and Neglect Act. 12 (b) The determination by a court that a licensee is 13 subject to involuntary admission or judicial admission as 14 provided in the Mental Health and Developmental Disabilities 15 Code will result in an automatic suspension of his or her 16 license. The suspension will end upon a finding by a court 17 that the licensee is no longer subject to involuntary 18 admission or judicial admission, the issuance of an order so 19 finding and discharging the patient, and the recommendation 20 of the Board to the Director that the licensee be allowed to 21 resume his or her practice. 22 (Source: P.A. 89-33, eff. 1-1-96; 90-655, eff. 7-30-98.) 23 Section 10. The Elder Abuse and Neglect Act is amended 24 by changing Section 2 as follows: 25 (320 ILCS 20/2) (from Ch. 23, par. 6602) 26 Sec. 2. Definitions. As used in this Act, unless the 27 context requires otherwise: 28 (a) "Abuse" means causing any physical, mental or sexual 29 injury to an eligible adult, including exploitation of such 30 adult's financial resources. 31 Nothing in this Act shall be construed to mean that an 32 eligible adult is a victim of abuse or neglect for the sole HB0147 Engrossed -7- LRB9100635ACprA 1 reason that he or she is being furnished with or relies upon 2 treatment by spiritual means through prayer alone, in 3 accordance with the tenets and practices of a recognized 4 church or religious denomination. 5 Nothing in this Act shall be construed to mean that an 6 eligible adult is a victim of abuse because of health care 7 services provided or not provided by licensed health care 8 professionals. 9 (a-5) "Abuser" means a person who abuses, neglects, or 10 financially exploits an eligible adult. 11 (a-7) "Caregiver" means a person who either as a result 12 of a family relationship, voluntarily, or in exchange for 13 compensation has assumed responsibility for all or a portion 14 of the care of an eligible adult who needs assistance with 15 activities of daily living. 16 (b) "Department" means the Department on Aging of the 17 State of Illinois. 18 (c) "Director" means the Director of the Department. 19 (d) "Domestic living situation" means a residence where 20 the eligible adult lives alone or with his or her family or a 21 caregiver, or others, or a board and care home or other 22 community-based unlicensed facility, but is not: 23 (1) A licensed facility as defined in Section 1-113 24 of the Nursing Home Care Act; 25 (2) A "life care facility" as defined in the Life 26 Care Facilities Act; 27 (3) A home, institution, or other place operated by 28 the federal government or agency thereof or by the State 29 of Illinois; 30 (4) A hospital, sanitarium, or other institution, 31 the principal activity or business of which is the 32 diagnosis, care, and treatment of human illness through 33 the maintenance and operation of organized facilities 34 therefor, which is required to be licensed under the HB0147 Engrossed -8- LRB9100635ACprA 1 Hospital Licensing Act; 2 (5) A "community living facility" as defined in the 3 Community Living Facilities Licensing Act; 4 (6) A "community residential alternative" as 5 defined in the Community Residential Alternatives 6 Licensing Act; and 7 (7) A "community-integrated living arrangement" as 8 defined in the Community-Integrated Living Arrangements 9 Licensure and Certification Act. 10 (e) "Eligible adult" means a person 60 years of age or 11 older who resides in a domestic living situation and is, or 12 is alleged to be, abused, neglected, or financially exploited 13 by another individual. 14 (f) "Emergency" means a situation in which an eligible 15 adult is living in conditions presenting a risk of death or 16 physical, mental or sexual injury and the provider agency has 17 reason to believe the eligible adult is unable to consent to 18 services which would alleviate that risk. 19 (f-5) "Mandated reporter" means any of the following 20 persons while engaged in carrying out their professional 21 duties: 22 (1) a professional or professional's delegate while 23 engaged in: (i) social services, (ii) law enforcement, 24 (iii) education, (iv) the care of an eligible adult or 25 eligible adults, or (v) any of the occupations required 26 to be licensed under the Clinical Psychologist Licensing 27 Act, the Clinical Social Work and Social Work Practice 28 Act, the Illinois Dental Practice Act, the Dietetic and 29 Nutrition Services Practice Act, the Marriage and Family 30 Therapy Licensing Act, the Medical Practice Act of 1987, 31 the Naprapathic Practice Act, theIllinoisNursing and 32 Advanced Practice Nursing Actof 1987, the Nursing Home 33 Administrators Licensing and Disciplinary Act, the 34 Illinois Occupational Therapy Practice Act, the Illinois HB0147 Engrossed -9- LRB9100635ACprA 1 Optometric Practice Act of 1987, the Pharmacy Practice 2 Act of 1987, the Illinois Physical Therapy Act, the 3 Physician Assistant Practice Act of 1987, the Podiatric 4 Medical Practice Act of 1987, the Respiratory Care 5 Practice Act, the Professional Counselor and Clinical 6 Professional Counselor Licensing Act, the Illinois 7 Speech-Language Pathology and Audiology Practice Act, the 8 Veterinary Medicine and Surgery Practice Act of 1994, and 9 the Illinois Public Accounting Act; 10 (2) an employee of a vocational rehabilitation 11 facility prescribed or supervised by the Department of 12 Human Services; 13 (3) an administrator, employee, or person providing 14 services in or through an unlicensed community based 15 facility; 16 (4) a Christian Science Practitioner; 17 (5) field personnel of the Department of Public 18 Aid, Department of Public Health, and Department of Human 19 Services, and any county or municipal health department; 20 (6) personnel of the Department of Human Services, 21 the Guardianship and Advocacy Commission, the State Fire 22 Marshal, local fire departments, the Department on Aging 23 and its subsidiary Area Agencies on Aging and provider 24 agencies, and the Office of State Long Term Care 25 Ombudsman; 26 (7) any employee of the State of Illinois not 27 otherwise specified herein who is involved in providing 28 services to eligible adults, including professionals 29 providing medical or rehabilitation services and all 30 other persons having direct contact with eligible adults; 31 or 32 (9) a person who performs the duties of a coroner 33 or medical examiner. 34 (g) "Neglect" means another individual's failure to HB0147 Engrossed -10- LRB9100635ACprA 1 provide an eligible adult with or willful withholding from an 2 eligible adult the necessities of life including, but not 3 limited to, food, clothing, shelter or medical care. This 4 subsection does not create any new affirmative duty to 5 provide support to eligible adults. Nothing in this Act 6 shall be construed to mean that an eligible adult is a victim 7 of neglect because of health care services provided or not 8 provided by licensed health care professionals. 9 (h) "Provider agency" means any public or nonprofit 10 agency in a planning and service area appointed by the 11 regional administrative agency with prior approval by the 12 Department on Aging to receive and assess reports of alleged 13 or suspected abuse, neglect, or financial exploitation. 14 (i) "Regional administrative agency" means any public or 15 nonprofit agency in a planning and service area so designated 16 by the Department, provided that the designated Area Agency 17 on Aging shall be designated the regional administrative 18 agency if it so requests. The Department shall assume the 19 functions of the regional administrative agency for any 20 planning and service area where another agency is not so 21 designated. 22 (j) "Substantiated case" means a reported case of 23 alleged or suspected abuse, neglect, or financial 24 exploitation in which a provider agency, after assessment, 25 determines that there is reason to believe abuse, neglect, or 26 financial exploitation has occurred. 27 (Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.) 28 Section 15. The Abused and Neglected Child Reporting Act 29 is amended by changing Section 4 as follows: 30 (325 ILCS 5/4) (from Ch. 23, par. 2054) 31 Sec. 4. Persons required to report; privileged 32 communications; transmitting false report. Any physician, HB0147 Engrossed -11- LRB9100635ACprA 1 resident, intern, hospital, hospital administrator and 2 personnel engaged in examination, care and treatment of 3 persons, surgeon, dentist, dentist hygienist, osteopath, 4 chiropractor, podiatrist, physician assistant, substance 5 abuse treatment personnel, Christian Science practitioner, 6 funeral home director or employee, coroner, medical examiner, 7 emergency medical technician, acupuncturist, crisis line or 8 hotline personnel, school personnel, educational advocate 9 assigned to a child pursuant to the School Code, truant 10 officers, social worker, social services administrator, 11 domestic violence program personnel, registered nurse, 12 licensed practical nurse, respiratory care practitioner, 13 director or staff assistant of a nursery school or a child 14 day care center, recreational program or facility personnel, 15 law enforcement officer, registered psychologist and 16 assistants working under the direct supervision of a 17 psychologist, psychiatrist, or field personnel of the 18 Illinois Department of Public Aid, Public Health, Human 19 Services (acting as successor to the Department of Mental 20 Health and Developmental Disabilities, Rehabilitation 21 Services, or Public Aid), Corrections, Human Rights, or 22 Children and Family Services, supervisor and administrator of 23 general assistance under the Illinois Public Aid Code, 24 probation officer, or any other foster parent, homemaker or 25 child care worker having reasonable cause to believe a child 26 known to them in their professional or official capacity may 27 be an abused child or a neglected child shall immediately 28 report or cause a report to be made to the Department. 29 Whenever such person is required to report under this Act in 30 his capacity as a member of the staff of a medical or other 31 public or private institution, school, facility or agency, he 32 shall make report immediately to the Department in accordance 33 with the provisions of this Act and may also notify the 34 person in charge of such institution, school, facility or HB0147 Engrossed -12- LRB9100635ACprA 1 agency or his designated agent that such report has been 2 made. Under no circumstances shall any person in charge of 3 such institution, school, facility or agency, or his 4 designated agent to whom such notification has been made, 5 exercise any control, restraint, modification or other change 6 in the report or the forwarding of such report to the 7 Department. The privileged quality of communication between 8 any professional person required to report and his patient or 9 client shall not apply to situations involving abused or 10 neglected children and shall not constitute grounds for 11 failure to report as required by this Act. In addition to 12 the above persons required to report suspected cases of 13 abused or neglected children, any other person may make a 14 report if such person has reasonable cause to believe a child 15 may be an abused child or a neglected child. Any person who 16 enters into employment on and after July 1, 1986 and is 17 mandated by virtue of that employment to report under this 18 Act, shall sign a statement on a form prescribed by the 19 Department, to the effect that the employee has knowledge and 20 understanding of the reporting requirements of this Act. The 21 statement shall be signed prior to commencement of the 22 employment. The signed statement shall be retained by the 23 employer. The cost of printing, distribution, and filing of 24 the statement shall be borne by the employer. The Department 25 shall provide copies of this Act, upon request, to all 26 employers employing persons who shall be required under the 27 provisions of this Section to report under this Act. 28 Any person who knowingly transmits a false report to the 29 Department commits the offense of disorderly conduct under 30 subsection (a)(7) of Section 26-1 of the "Criminal Code of 31 1961". Any person who violates this provision a second or 32 subsequent time shall be guilty of a Class 4 felony. 33 Any person who knowingly and willfully violates any 34 provision of this Section other than a second or subsequent HB0147 Engrossed -13- LRB9100635ACprA 1 violation of transmitting a false report as described in the 2 preceding paragraph, shall be guilty of a Class A 3 misdemeanor. 4 A child whose parent, guardian or custodian in good faith 5 selects and depends upon spiritual means through prayer 6 alone for the treatment or cure of disease or remedial care 7 may be considered neglected or abused, but not for the sole 8 reason that his parent, guardian or custodian accepts and 9 practices such beliefs. 10 A child shall not be considered neglected or abused 11 solely because the child is not attending school in 12 accordance with the requirements of Article 26 of the School 13 Code, as amended. 14 (Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97; 15 89-706, eff. 1-31-97; 90-116, eff. 7-14-97.) 16 Section 99. Effective date. This Act takes effect 17 January 1, 2000.