101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2256

 

Introduced 5/15/2019, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
420 ILCS 40/5  from Ch. 111 1/2, par. 210-5
420 ILCS 40/6  from Ch. 111 1/2, par. 210-6

    Amends the Radiation Protection Act of 1990. Provides that a person licensed as a certified registered nurse anesthetist under the Nurse Practice Act is among specified licensed persons who may intentionally administer radiation to a human being if accredited by the Illinois Emergency Management Agency, or under whose supervision specified persons may intentionally administer radiation, apply ionizing radiation to human beings as required by their course of study, or perform diagnostic radiography procedures listed on the persons' registration. Provides that a certified registered nurse anesthetist licensed under the Nurse Practice Act is among those under whose supervision specified persons are exempt from accreditation when the services are performed on employees of a business at a medical facility owned and operated by the business. Effective immediately.


LRB101 12409 CPF 60485 b

 

 

A BILL FOR

 

SB2256LRB101 12409 CPF 60485 b

1    AN ACT concerning nuclear safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Radiation Protection Act of 1990 is amended
5by changing Sections 5 and 6 as follows:
 
6    (420 ILCS 40/5)  (from Ch. 111 1/2, par. 210-5)
7    (Section scheduled to be repealed on January 1, 2021)
8    Sec. 5. Limitations on application of radiation to human
9beings and requirements for radiation installation operators
10providing mammography services.
11    (a) No person shall intentionally administer radiation to a
12human being unless such person is licensed to practice a
13treatment of human ailments by virtue of the Illinois Medical,
14Dental or Podiatric Medical Practice Acts or licensed as a
15certified registered nurse anesthetist under the Nurse
16Practice Act, or, as physician assistant, advanced practice
17registered nurse, technician, nurse, or other assistant, is
18acting under the supervision, prescription or direction of such
19licensed person. However, no such physician assistant,
20advanced practice registered nurse, technician, nurse, or
21other assistant acting under the supervision of a person
22licensed under the Medical Practice Act of 1987 or licensed as
23a certified registered nurse anesthetist under the Nurse

 

 

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1Practice Act, shall administer radiation to human beings unless
2accredited by the Agency, except that persons enrolled in a
3course of education approved by the Agency may apply ionizing
4radiation to human beings as required by their course of study
5when under the direct supervision of a person licensed under
6the Medical Practice Act of 1987 or licensed as a certified
7registered nurse anesthetist under the Nurse Practice Act. No
8person authorized by this Section to apply ionizing radiation
9shall apply such radiation except to those parts of the human
10body specified in the Act under which such person or his
11supervisor is licensed. No person may operate a radiation
12installation where ionizing radiation is administered to human
13beings unless all persons who administer ionizing radiation in
14that radiation installation are licensed, accredited, or
15exempted in accordance with this Section. Nothing in this
16Section shall be deemed to relieve a person from complying with
17the provisions of Section 10.
18    (b) In addition, no person shall provide mammography
19services unless all of the following requirements are met:
20        (1) the mammography procedures are performed using a
21    radiation machine that is specifically designed for
22    mammography;
23        (2) the mammography procedures are performed using a
24    radiation machine that is used solely for performing
25    mammography procedures;
26        (3) the mammography procedures are performed using

 

 

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1    equipment that has been subjected to a quality assurance
2    program that satisfies quality assurance requirements
3    which the Agency shall establish by rule;
4        (4) beginning one year after the effective date of this
5    amendatory Act of 1991, if the mammography procedure is
6    performed by a radiologic technologist, that technologist,
7    in addition to being accredited by the Agency to perform
8    radiography, has satisfied training requirements specific
9    to mammography, which the Agency shall establish by rule.
10    (c) Every operator of a radiation installation at which
11mammography services are provided shall ensure and have
12confirmed by each mammography patient that the patient is
13provided with a pamphlet which is orally reviewed with the
14patient and which contains the following:
15        (1) how to perform breast self-examination;
16        (2) that early detection of breast cancer is maximized
17    through a combined approach, using monthly breast
18    self-examination, a thorough physical examination
19    performed by a physician, and mammography performed at
20    recommended intervals;
21        (3) that mammography is the most accurate method for
22    making an early detection of breast cancer, however, no
23    diagnostic tool is 100% effective;
24        (4) that if the patient is self-referred and does not
25    have a primary care physician, or if the patient is
26    unfamiliar with the breast examination procedures, that

 

 

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1    the patient has received information regarding public
2    health services where she can obtain a breast examination
3    and instructions.
4(Source: P.A. 100-513, eff. 1-1-18.)
 
5    (420 ILCS 40/6)  (from Ch. 111 1/2, par. 210-6)
6    (Section scheduled to be repealed on January 1, 2021)
7    Sec. 6. Accreditation of administrators of radiation;
8Limited scope accreditation; Rules and regulations; Education.
9    (a) The Agency shall promulgate such rules and regulations
10as are necessary to establish accreditation standards and
11procedures, including a minimum course of education and
12continuing education requirements in the administration of
13radiation to human beings, which are appropriate to the
14classification of accreditation and which are to be met by all
15physician assistants, advanced practice registered nurses,
16nurses, technicians, or other assistants who administer
17radiation to human beings under the supervision of a person
18licensed under the Medical Practice Act of 1987 or a certified
19registered nurse anesthetist licensed under the Nurse Practice
20Act. Such rules and regulations may provide for different
21classes of accreditation based on evidence of national
22certification, clinical experience or community hardship as
23conditions of initial and continuing accreditation. The rules
24and regulations of the Agency shall be consistent with national
25standards in regard to the protection of the health and safety

 

 

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1of the general public.
2    (b) The rules and regulations shall also provide that
3persons who have been accredited by the Agency, in accordance
4with the Radiation Protection Act, without passing an
5examination, will remain accredited as provided in Section 43
6of this Act and that those persons may be accredited, without
7passing an examination, to use other equipment, procedures, or
8supervision within the original category of accreditation if
9the Agency receives written assurances from a person licensed
10under the Medical Practice Act of 1987, that the person
11accredited has the necessary skill and qualifications for such
12additional equipment procedures or supervision. The Agency
13shall, in accordance with subsection (c) of this Section,
14provide for the accreditation of nurses, technicians, or other
15assistants, unless exempted elsewhere in this Act, to perform a
16limited scope of diagnostic radiography procedures of the
17chest, the extremities, skull and sinuses, or the spine, while
18under the supervision of a person licensed under the Medical
19Practice Act of 1987.
20    (c) The rules or regulations promulgated by the Agency
21pursuant to subsection (a) shall establish standards and
22procedures for accrediting persons to perform a limited scope
23of diagnostic radiography procedures. The rules or regulations
24shall require persons seeking limited scope accreditation to
25register with the Agency as a "student-in-training," and
26declare those procedures in which the student will be receiving

 

 

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1training. The student-in-training registration shall be valid
2for a period of 16 months, during which the time the student
3may, under the supervision of a person licensed under the
4Medical Practice Act of 1987 or a certified registered nurse
5anesthetist licensed under the Nurse Practice Act, perform the
6diagnostic radiography procedures listed on the student's
7registration. The student-in-training registration shall be
8nonrenewable.
9    Upon expiration of the 16 month training period, the
10student shall be prohibited from performing diagnostic
11radiography procedures unless accredited by the Agency to
12perform such procedures. In order to be accredited to perform a
13limited scope of diagnostic radiography procedures, an
14individual must pass an examination offered by the Agency. The
15examination shall be consistent with national standards in
16regard to protection of public health and safety. The
17examination shall consist of a standardized component covering
18general principles applicable to diagnostic radiography
19procedures and a clinical component specific to the types of
20procedures for which accreditation is being sought. The Agency
21may assess a reasonable fee for such examinations to cover the
22costs incurred by the Agency in conjunction with offering the
23examinations.
24    (d) The Agency shall by rule or regulation exempt from
25accreditation physician assistants, advanced practice
26registered nurses, nurses, technicians, or other assistants

 

 

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1who administer radiation to human beings under supervision of a
2person licensed to practice under the Medical Practice Act of
31987 or a certified registered nurse anesthetist licensed under
4the Nurse Practice Act when the services are performed on
5employees of a business at a medical facility owned and
6operated by the business. Such exemption shall only apply to
7the equipment, procedures and supervision specific to the
8medical facility owned and operated by the business.
9(Source: P.A. 100-513, eff. 1-1-18.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.