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91_HB0147ham001
LRB9100635ACtmam01
1 AMENDMENT TO HOUSE BILL 147
2 AMENDMENT NO. . Amend House Bill 147 on page 1, line
3 5, by replacing "Sections 55 and 95" with "Sections 15, 55,
4 and 95"; and
5 on page 1, immediately below line 5, by inserting the
6 following:
7 "(225 ILCS 106/15)
8 Sec. 15. Exemptions.
9 (a) This Act does not prohibit a person legally
10 regulated in this State by any other Act from engaging in any
11 practice for which he or she is authorized as long as he or
12 she does not represent himself or herself by the title of
13 respiratory care practitioner. This Act does not prohibit
14 the practice of nonregulated professions whose practitioners
15 are engaged in the delivery of respiratory care as long as
16 these practitioners do not represent themselves as or use the
17 title of a respiratory care practitioner.
18 (b) Nothing in this Act shall prohibit the practice of
19 respiratory care by a person who is employed by the United
20 States government or any bureau, division, or agency thereof
21 while in the discharge of the employee's official duties.
22 (c) Nothing in this Act shall be construed to limit the
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1 activities and services of a person enrolled in an approved
2 course of study leading to a degree or certificate of
3 registry or certification eligibility in respiratory care if
4 these activities and services constitute a part of a
5 supervised course of study and if the person is designated by
6 a title which clearly indicates his or her status as a
7 student or trainee. Status as a student or trainee shall not
8 exceed 3 years from the date of enrollment in an approved
9 course.
10 (d) Nothing in this Act shall prohibit a person from
11 treating ailments by spiritual means through prayer alone in
12 accordance with the tenets and practices of a recognized
13 church or religious denomination.
14 (e) Nothing in this Act shall be construed to prevent a
15 person who is a registered nurse or a certified registered
16 nurse anesthetist or a licensed practical nurse from
17 providing respiratory care.
18 (f) Nothing in this Act shall limit a person who is
19 credentialed by the National Society for Cardiopulmonary
20 Technology or the National Board for Respiratory Care from
21 performing pulmonary function tests and related respiratory
22 care procedures for which appropriate competencies have been
23 demonstrated.
24 (g) Nothing in this Act shall prohibit the collection
25 and analysis of blood by clinical laboratory personnel
26 meeting the personnel standards of the Illinois Clinical
27 Laboratory Act.
28 (h) Nothing in this Act shall limit the activities of a
29 person who is not licensed under this Act from performing
30 respiratory care if he or she does not represent himself or
31 herself as a respiratory care practitioner.
32 (i) Nothing in this Act shall prohibit qualified members
33 of other professional groups, including but not limited to
34 nurses, from performing or advertising that he or she
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1 performs the work of a respiratory care practitioner in a
2 manner consistent with his or her training, or any code of
3 ethics of his or her respective professions, but only if he
4 or she does not represent himself or herself by any title or
5 description as a respiratory care practitioner.
6 (j) This Act does not prohibit a hospital, nursing home,
7 long-term care facility, home health agency, health system or
8 network, or any other organization or institution that
9 provides health or illness care for individuals or
10 communities from providing respiratory care through
11 practitioners that the organization considers competent.
12 These entities shall not be required to utilize licensed
13 respiratory care practitioners to practice respiratory care
14 when providing respiratory care for their patients or
15 customers. Organizations providing respiratory care may
16 decide who is competent to deliver that respiratory care.
17 Nothing in this Act shall be construed to limit the ability
18 of an employer to utilize a respiratory care practitioner
19 within the employment setting consistent with the
20 individual's skill and training.
21 (Source: P.A. 89-33, eff. 1-1-96.)"; and
22 on page 1, by replacing lines 11 through 17 with the
23 following:
24 "unless he or she is licensed under this Act. Individuals
25 who have been licensed respiratory care practitioners in any
26 jurisdiction and who are seeking to practice respiratory care
27 in this State must apply for licensure within 45 days after
28 beginning employment within the State.".