093_HB3220
LRB093 06103 AMC 11346 b
1 AN ACT concerning physician assistants and advanced
2 practice nurses.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Radiation Protection Act of 1990 is
6 amended by changing Sections 5 and 6 as follows:
7 (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
8 (Section scheduled to be repealed on January 1, 2011)
9 Sec. 5. Limitations on application of radiation to human
10 beings and requirements for radiation installation operators
11 providing mammography services.
12 (a) No person shall intentionally administer radiation
13 to a human being unless such person is licensed to practice a
14 treatment of human ailments by virtue of the Illinois
15 Medical, Dental or Podiatric Medical Practice Acts, or, as
16 physician assistant, advanced practice nurse, technician,
17 nurse, or other assistant, is acting under the supervision,
18 prescription or direction of such licensed person. However,
19 no such physician assistant, advanced practice nurse,
20 technician, nurse, or other assistant acting under the
21 supervision of a person licensed under the Medical Practice
22 Act of 1987, shall administer radiation to human beings
23 unless accredited by the Department of Nuclear Safety, except
24 that persons enrolled in a course of education approved by
25 the Department of Nuclear Safety may apply ionizing radiation
26 to human beings as required by their course of study when
27 under the direct supervision of a person licensed under the
28 Medical Practice Act of 1987. No person authorized by this
29 Section to apply ionizing radiation shall apply such
30 radiation except to those parts of the human body specified
31 in the Act under which such person or his supervisor is
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1 licensed. No person may operate a radiation installation
2 where ionizing radiation is administered to human beings
3 unless all persons who administer ionizing radiation in that
4 radiation installation are licensed, accredited, or exempted
5 in accordance with this Section. Nothing in this Section
6 shall be deemed to relieve a person from complying with the
7 provisions of Section 10.
8 (b) In addition, no person shall provide mammography
9 services unless all of the following requirements are met:
10 (1) the mammography procedures are performed using
11 a radiation machine that is specifically designed for
12 mammography;
13 (2) the mammography procedures are performed using
14 a radiation machine that is used solely for performing
15 mammography procedures;
16 (3) the mammography procedures are performed using
17 equipment that has been subjected to a quality assurance
18 program that satisfies quality assurance requirements
19 which the Department shall establish by rule;
20 (4) beginning one year after the effective date of
21 this amendatory Act of 1991, if the mammography procedure
22 is performed by a radiologic technologist, that
23 technologist, in addition to being accredited by the
24 Department to perform radiography, has satisfied training
25 requirements specific to mammography, which the
26 Department shall establish by rule.
27 (c) Every operator of a radiation installation at which
28 mammography services are provided shall ensure and have
29 confirmed by each mammography patient that the patient is
30 provided with a pamphlet which is orally reviewed with the
31 patient and which contains the following:
32 (1) how to perform breast self-examination;
33 (2) that early detection of breast cancer is
34 maximized through a combined approach, using monthly
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1 breast self-examination, a thorough physical examination
2 performed by a physician, and mammography performed at
3 recommended intervals;
4 (3) that mammography is the most accurate method
5 for making an early detection of breast cancer, however,
6 no diagnostic tool is 100% effective;
7 (4) that if the patient is self-referred and does
8 not have a primary care physician, or if the patient is
9 unfamiliar with the breast examination procedures, that
10 the patient has received information regarding public
11 health services where she can obtain a breast examination
12 and instructions.
13 (Source: P.A. 89-187, eff. 7-19-95.)
14 (420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
15 (Section scheduled to be repealed on January 1, 2011)
16 Sec. 6. Accreditation of administrators of radiation;
17 Limited scope accreditation; Rules and regulations;
18 Education.
19 (a) The Department shall promulgate such rules and
20 regulations as are necessary to establish accreditation
21 standards and procedures, including a minimum course of
22 education and continuing education requirements in the
23 administration of radiation to human beings, which are
24 appropriate to the classification of accreditation and which
25 are to be met by all physician assistants, advanced practice
26 nurses, nurses, technicians, or other assistants who
27 administer radiation to human beings under the supervision of
28 a person licensed under the Medical Practice Act of 1987.
29 Such rules and regulations may provide for different classes
30 of accreditation based on evidence of national certification,
31 clinical experience or community hardship as conditions of
32 initial and continuing accreditation. The rules and
33 regulations of the Department shall be consistent with
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1 national standards in regard to the protection of the health
2 and safety of the general public.
3 (b) The rules and regulations shall also provide that
4 persons who have been accredited by the Department, in
5 accordance with the Radiation Protection Act, without passing
6 an examination, will remain accredited as provided in Section
7 43 of this Act and that those persons may be accredited,
8 without passing an examination, to use other equipment,
9 procedures, or supervision within the original category of
10 accreditation if the Department receives written assurances
11 from a person licensed under the Medical Practice Act of
12 1987, that the person accredited has the necessary skill and
13 qualifications for such additional equipment procedures or
14 supervision. The Department shall, in accordance with
15 subsection (c) of this Section, provide for the accreditation
16 of nurses, technicians, or other assistants, unless exempted
17 elsewhere in this Act, to perform a limited scope of
18 diagnostic radiography procedures of the chest, the
19 extremities, skull and sinuses, or the spine, while under the
20 supervision of a person licensed under the Medical Practice
21 Act of 1987.
22 (c) The rules or regulations promulgated by the
23 Department pursuant to subsection (a) shall establish
24 standards and procedures for accrediting persons to perform a
25 limited scope of diagnostic radiography procedures. The rules
26 or regulations shall require persons seeking limited scope
27 accreditation to register with the Department as a
28 "student-in-training," and declare those procedures in which
29 the student will be receiving training. The
30 student-in-training registration shall be valid for a period
31 of 16 months, during which the time the student may, under
32 the supervision of a person licensed under the Medical
33 Practice Act of 1987, perform the diagnostic radiography
34 procedures listed on the student's registration. The
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1 student-in-training registration shall be nonrenewable.
2 Upon expiration of the 16 month training period, the
3 student shall be prohibited from performing diagnostic
4 radiography procedures unless accredited by the Department to
5 perform such procedures. In order to be accredited to
6 perform a limited scope of diagnostic radiography procedures,
7 an individual must pass an examination offered by the
8 Department. The examination shall be consistent with
9 national standards in regard to protection of public health
10 and safety. The examination shall consist of a standardized
11 component covering general principles applicable to
12 diagnostic radiography procedures and a clinical component
13 specific to the types of procedures for which accreditation
14 is being sought. The Department may assess a reasonable fee
15 for such examinations to cover the costs incurred by the
16 Department in conjunction with offering the examinations.
17 (d) The Department shall by rule or regulation exempt
18 from accreditation physician assistants, advanced practice
19 nurses, nurses, technicians, or other assistants who
20 administer radiation to human beings under supervision of a
21 person licensed to practice under the Medical Practice Act of
22 1987 when the services are performed on employees of a
23 business at a medical facility owned and operated by the
24 business. Such exemption shall only apply to the equipment,
25 procedures and supervision specific to the medical facility
26 owned and operated by the business.
27 (Source: P.A. 90-14, eff. 7-1-97.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.