Sen. M. Maggie Crotty
Filed: 4/11/2005
 
 

 




 

 		












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1

AMENDMENT TO SENATE BILL 139




2
    AMENDMENT NO. ______. Amend Senate Bill 139, AS AMENDED, by 
3
replacing everything after the enacting clause with the 
4
following:

 
5
    "Section 5. The Regulatory Sunset Act is amended  by 
6
changing Section 4.16 and by adding Section 4.26 as follows:
 



7
    (5 ILCS 80/4.16)


8
    Sec. 4.16. Acts repealed January 1, 2006. The following 
9
Acts are repealed January 1, 2006:

10
    The Respiratory Care Practice Act.

11
    The Hearing Instrument Consumer Protection Act.

12
    The Illinois Dental Practice Act.

13
    The Professional Geologist Licensing Act.

14
    The Illinois Athletic Trainers Practice Act.

15
    The Barber, Cosmetology, Esthetics, and Nail Technology 
16
Act of 1985.

17
    The Collection Agency Act.

18
    The Illinois Roofing Industry Licensing Act.

19
    The Illinois Physical Therapy Act.

20
(Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, 
21
eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, 
22
eff. 8-20-95; 89-626, eff.
8-9-96.)


 
23
    (5 ILCS 80/4.26 new)

 


 






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1
    Sec. 4.26. Act repealed on January 1, 2016. The following 
2
Act is repealed on January 1, 2016:
3
    The Respiratory Care Practice Act.
 
4
    Section 10. The Respiratory Care Practice Act is amended  by 
5
changing Sections 10, 15, 20, 35, 50,  and 95 as follows:
 



6
    (225 ILCS 106/10)



7
    (Section scheduled to be repealed on January 1, 2006)

8
    Sec. 10. Definitions. In this Act:

9
    "Advanced practice nurse" means an advanced practice nurse 
10
licensed under the Nursing and Advanced Practice Nursing Act.

11
    "Board" means the Respiratory Care Board appointed by the 
12
Director.
13
    "Basic respiratory care activities" means and includes all 
14
of the following activities:
15
                (1) Cleaning, disinfecting, and sterilizing equipment 
16
    used in the practice of respiratory care as delegated by a 
17
    licensed health care professional or other authorized 
18
    licensed personnel.
19
        (2) Assembling equipment used in the practice of 
20
    respiratory care as delegated by a licensed health care 
21
    professional or other authorized licensed personnel.
22
        (3) Collecting and reviewing patient data through 
23
    non-invasive means, provided that the collection and 
24
    review does not include the individual's interpretation of 
25
    the clinical significance of the data. Collecting and 
26
    reviewing patient data includes the performance of pulse 
27
    oximetry and non-invasive monitoring procedures in order 
28
    to obtain vital signs and notification to licensed health 
29
    care professionals and other authorized licensed personnel 
30
    in a timely manner.
31
        (4) Maintaining a nasal cannula or face mask for oxygen 
32
    therapy in the proper position on the patient's face.
 


 






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        (5) Assembling a nasal cannula or face mask for oxygen 
2
    therapy at patient bedside in preparation for use.
3
        (6) Maintaining a patient's natural airway by 
4
    physically manipulating the jaw and neck, suctioning the 
5
    oral cavity, or suctioning the mouth or nose with a bulb 
6
    syringe.
7
        (7) Performing assisted ventilation during emergency 
8
    resuscitation using a manual resuscitator.
9
        (8) Using of a manual resuscitator at the direction of 
10
    a licensed health care professional or other authorized 
11
    licensed personnel who is present and performing routine 
12
    airway suctioning. These activities do not include care of 
13
    a patient's artificial airway or the adjustment of 
14
    mechanical ventilator settings while a patient is 
15
    connected to the ventilator.


16
"Basic respiratory care activities" does not mean activities 
17
that involve any of the following:

18
        (1) Specialized knowledge that results from a course of 
19
    education or training in respiratory care.
20
        (2) An unreasonable risk of a negative outcome for the 
21
    patient.
22
        (3) The assessment or making of a decision concerning 
23
    patient care.
24
        (4) The administration of aerosol medication or 
25
    oxygen.
26
        (5) The insertion and maintenance of an artificial 
27
    airway.
28
        (6) Mechanical ventilatory support.
29
        (7) Patient assessment.
30
        (8) Patient education.

31
    "Department" means the Department of Professional 
32
Regulation.

33
    "Director" means the Director of
Professional Regulation.

34
    "Licensed" means that which is required to hold oneself
out 
 


 






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as
a respiratory care
practitioner as defined in this Act.

2
    "Licensed health care professional" means a physician 
3
licensed to practice medicine in all its branches, an advanced 
4
practice nurse who has a written collaborative agreement with a 
5
collaborating physician that authorizes the advanced practice 
6
nurse to transmit orders to a respiratory care practitioner, or 
7
a physician assistant who has been delegated the authority to 
8
transmit orders to a respiratory care practitioner by his or 
9
her supervising physician
physician" means a physician 
10
licensed to practice medicine in all
its branches.

11
    "Order" means a written, oral, or telecommunicated 
12
authorization for respiratory care services for a patient by 
13
(i) a licensed health care professional who maintains medical 
14
supervision of the patient and makes a diagnosis or verifies 
15
that the patient's condition is such that it may be treated by 
16
a respiratory care practitioner or (ii) a certified registered 
17
nurse anesthetist in a licensed hospital.

18
    "Other authorized licensed personnel" means a licensed 
19
respiratory care practitioner, a licensed registered nurse, or 
20
a licensed practical nurse whose scope of practice authorizes 
21
the professional to supervise an individual who is not 
22
licensed, certified, or registered as a health professional.
23
    "Proximate supervision" means a situation in which an 
24
individual is
         responsible for directing the actions of another 
25
individual in the facility and is physically close enough to be 
26
readily available, if needed, by the supervised individual.

27
    "Respiratory care" and "cardiorespiratory care"
mean 
28
preventative services, evaluation and assessment services, 
29
therapeutic services, and rehabilitative services under the 
30
order of a licensed health care professional or a certified 
31
registered nurse anesthetist in a licensed hospital for an 
32
individual with a disorder, disease, or abnormality of the 
33
cardiopulmonary system.  These terms include, but are not 
34
limited to, measuring, observing, assessing, and monitoring 
 


 






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signs and symptoms, reactions, general behavior, and general 
2
physical response of individuals to respiratory care services, 
3
including the determination of whether those signs, symptoms, 
4
reactions, behaviors, or general physical responses exhibit 
5
abnormal characteristics; the administration of 
6
pharmacological and therapeutic agents related to respiratory 
7
care services; the collection of blood specimens and other 
8
bodily fluids and tissues for, and the performance of, 
9
cardiopulmonary diagnostic testing procedures, including, but 
10
not limited to, blood gas analysis; development, 
11
implementation, and modification of respiratory care treatment 
12
plans based on assessed abnormalities of the cardiopulmonary 
13
system, respiratory care guidelines, referrals, and orders of a 
14
licensed health care professional; application, operation, and 
15
management of mechanical ventilatory support and other means of 
16
life support; and the initiation of emergency procedures under 
17
the rules promulgated by the Department. A respiratory care 
18
practitioner shall refer to a physician licensed to practice 
19
medicine in all its branches any patient whose condition, at 
20
the time of evaluation or treatment, is determined to be beyond 
21
the scope of practice of the respiratory care practitioner.

22
include, but are not limited to, direct and indirect
services 
23
in the implementation of treatment, management, disease 
24
prevention,
diagnostic testing, monitoring, and care of 
25
patients with deficiencies and
abnormalities associated with 
26
the cardiopulmonary system, including (i) a
determination of 
27
whether such signs and symptoms, reactions, behavior, and

28
general response exhibit abnormal characteristics and (ii) 
29
implementation of
treatment based on the observed 
30
abnormalities, of appropriate reporting,
referral, respiratory 
31
care protocols, or changes in treatment pursuant to the

32
written, oral, or telephone transmitted orders of a
licensed 
33
physician.
"Respiratory care" includes the transcription and 
34
implementation of written,
oral, and telephone transmitted 
 


 






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orders by a licensed physician
pertaining to the practice of 
2
respiratory care and the initiation of emergency
procedures 
3
under rules promulgated by the Board or as otherwise permitted 
4
in
this Act.  The practice of respiratory care may be
performed 
5
in any clinic, hospital, skilled nursing facility, private 
6
dwelling,
or other place considered appropriate by the Board in 
7
accordance with the
written, oral, or telephone transmitted 
8
order of a
physician and
shall be performed under the direction 
9
of a licensed
physician.  "Respiratory
care" includes 
10
inhalation and respiratory therapy.

11
    "Respiratory care education program" means a course of 
12
academic study leading
to eligibility for registry or 
13
certification in respiratory care.  The training
is to be 
14
approved by an accrediting agency recognized by the Board and 
15
shall
include an evaluation of competence through a 
16
standardized testing mechanism
that is determined by the Board 
17
to be both valid and reliable.

18
    "Respiratory care practitioner" means a person who is 
19
licensed by the
Department of Professional Regulation and meets 
20
all of the following
criteria:


21
        (1) The person is engaged in the practice of 
22
    cardiorespiratory care and
has the knowledge and skill 
23
    necessary to administer respiratory care.


24
        (2) The person is capable of serving as a resource to 
25
    the
licensed
health care professional
physician in

26
    relation to the technical aspects of cardiorespiratory 
27
    care and the safe and
effective methods for administering 
28
    cardiorespiratory care modalities.


29
        (3) The person is able to function in situations of 
30
    unsupervised patient
contact requiring great individual 
31
    judgment.


32
        (4) The person is capable of supervising, directing, or 
33
    teaching less
skilled personnel in the provision of 
34
    respiratory care services.

 


 






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1
(Source: P.A. 89-33, eff. 1-1-96.)

 



2
    (225 ILCS 106/15)



3
    (Section scheduled to be repealed on January 1, 2006)

4
    Sec. 15. Exemptions. 

5
    (a) This Act does not prohibit a person legally regulated 
6
in this State by
any other Act from engaging in any practice 
7
for which he or she is authorized.
as long as he or she does not 
8
represent himself or herself by the title of
respiratory care 
9
practitioner.  This Act does not prohibit the
practice of 
10
nonregulated professions whose practitioners are engaged in 
11
the
delivery of respiratory care as long as these practitioners 
12
do not represent
themselves as or use the title of a 
13
respiratory care practitioner.

14
    (b) Nothing in this Act shall prohibit the practice of 
15
respiratory care by a
person who is employed by the United 
16
States government or any bureau, division,
or agency thereof

17
while in the discharge of the employee's official duties.

18
    (c) Nothing in this Act shall be construed to limit the 
19
activities and
services of a person enrolled in an approved 
20
course of study leading to a
degree or certificate of registry 
21
or certification eligibility in respiratory
care if these 
22
activities and services constitute a part of a supervised 
23
course
of study and if the person is designated by a title 
24
which clearly indicates his
or her status as a student or 
25
trainee.  Status as a student or trainee shall
not exceed 3 
26
years from the date of enrollment in an approved course.

27
    (d) Nothing in this Act shall prohibit a person from 
28
treating ailments by
spiritual means through prayer alone in 
29
accordance with the tenets and
practices of a recognized church 
30
or religious denomination.

31
    (e) Nothing in this Act shall be construed to prevent a 
32
person who is a
registered nurse, an advanced practice nurse,

33
or a certified registered nurse anesthetist or a licensed

 


 






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1
practical nurse, a physician assistant, or a physician licensed 
2
to practice medicine in all its branches from providing 
3
respiratory care.

4
    (f) Nothing in this Act shall  limit a person who is 
5
credentialed by the
National Society for Cardiopulmonary 
6
Technology or the National Board for
Respiratory Care from 
7
performing pulmonary function tests and related
respiratory 
8
care procedures related to the pulmonary function test for 
9
which appropriate competencies have been
demonstrated.

10
    (g) Nothing in this Act shall prohibit the collection and 
11
analysis of blood
by clinical laboratory personnel meeting the 
12
personnel standards of the
Illinois Clinical Laboratory Act.

13
    (h)
Nothing in this Act shall prohibit a polysomnographic 
14
technologist, technician, or trainee, as defined in the job 
15
descriptions jointly accepted by the American Academy of Sleep 
16
Medicine, the Association of Polysomnographic Technologists, 
17
the Board of Registered Polysomnographic Technologists, and 
18
the American Society of Electroneurodiagnostic Technologists, 
19
from performing activities within the scope of practice of 
20
polysomnographic technology while under the direction of a 
21
physician licensed in this State
limit the activities of a 
22
person who is not
licensed under this Act from performing 
23
respiratory care if he or she does
not
represent himself or 
24
herself as a respiratory care practitioner.

25
    (i)
Nothing in this Act shall prohibit a family member from 
26
providing respiratory care services to an ill person
qualified 
27
members of other
professional groups, including but not limited 
28
to nurses, from performing or
advertising that he or she 
29
performs the work of a respiratory care practitioner
in a 
30
manner consistent with his or her training, or any code of 
31
ethics of
his or her
respective professions, but only if he or 
32
she does not represent
himself or herself
by any
title or 
33
description as a respiratory care practitioner.

34
    (j) Nothing in this Act shall be construed to limit an 
 


 






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unlicensed practitioner in a licensed hospital who is working 
2
under the proximate supervision of a licensed health care 
3
professional or other authorized licensed personnel  and 
4
providing direct patient care services from performing basic 
5
respiratory care activities if the unlicensed practitioner
        (i) 
6
has demonstrated competency to perform the basic respiratory 
7
care activities to the facility that employs or contracts with 
8
the individual and
        (ii) is, at a minimum, evaluated annually, 
9
with the competency of the unlicensed practitioner's 
10
performance of basic respiratory care activities documented by 
11
the facility.
This Act does not prohibit a hospital, nursing 
12
home, long-term care
facility, home health agency, health 
13
system or network, or any other
organization or institution 
14
that provides health or illness care for
individuals or 
15
communities from providing respiratory care through

16
practitioners that the organization considers competent.  These 
17
entities shall
not be required to utilize licensed respiratory 
18
care practitioners to practice
respiratory care when providing 
19
respiratory care for their patients or
customers.  
20
Organizations providing respiratory care may decide who is

21
competent to deliver that respiratory care. Nothing in this Act 
22
shall be
construed to limit the ability of an employer to 
23
utilize a respiratory care
practitioner within the employment 
24
setting consistent with the individual's
skill and training.

25
    (k) Nothing in this Act shall be construed to prohibit a 
26
person enrolled in an approved course of study leading to a 
27
degree or certification in a health care-related discipline 
28
that provides respiratory care activities within his or her 
29
scope of practice and employed in a licensed hospital in order 
30
to provide direct patient care services under the direction of 
31
other authorized licensed personnel  from providing respiratory 
32
care activities.

33
(Source: P.A. 91-259, eff. 1-1-00.)

 



 


 






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    (225 ILCS 106/20)



2
    (Section scheduled to be repealed on January 1, 2006)

3
    Sec. 20. Restrictions and limitations. 

4
    (a) No person shall, without a valid license as a 
5
respiratory care
practitioner (i) hold himself or herself out 
6
to the public as a respiratory
care practitioner; or (ii)  use 
7
the title "respiratory care practitioner"; or (iii) perform the 
8
duties of a respiratory care practitioner, except as provided 
9
in Section 15 of this Act.

10
    (b) Nothing in the Act shall be construed to permit a 
11
person licensed as
a respiratory care practitioner to engage in 
12
any manner in the practice of
medicine in all its branches as 
13
defined by State law.

14
(Source: P.A. 89-33, eff. 1-1-96.)

 



15
    (225 ILCS 106/35)


16
    (Section scheduled to be repealed on January 1, 2006)

17
    Sec. 35. Respiratory Care Board. 

18
    (a) The Director shall appoint a Respiratory Care Board 
19
which shall serve in
an advisory capacity to the Director.  The 
20
Board shall consist of 9 persons of
which 4 members shall be 
21
currently engaged in the practice of respiratory care
with a

22
minimum of 3 years practice in the State of Illinois, 3 members 
23
shall be
qualified medical directors, and 2 members shall be 
24
hospital administrators.

25
    (b) Members shall be appointed to a 3-year term; except, 
26
initial appointees
shall serve the following terms: 3 members 
27
shall serve for one year, 3 members
shall serve for 2 years, 
28
and 3 members shall serve for 3 years.  A member whose
term has 
29
expired shall continue to serve until his or her successor is

30
appointed and qualified.  No member shall be reappointed to the 
31
Board for a
term that would cause his or her continuous service 
32
on the Board to be longer
than 8 years.  Appointments to fill 
33
vacancies shall be made in the same manner
as original 
 


 






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appointments for the unexpired portion of the vacated term.

2
Initial terms shall begin upon the effective date of this Act.

3
    (c) The membership of the Board shall reasonably represent 
4
all the
geographic
areas in this State.  The Director shall 
5
consider the recommendations of the
organization representing 
6
the largest number of respiratory care practitioners
for 
7
appointment of the respiratory care practitioner members of the 
8
Board and
the organization representing the largest number of 
9
licensed
physicians licensed to practice medicine in all its 
10
branches for the
appointment of medical directors to the board.

11
    (d) The Director has the authority to remove any member of 
12
the Board from
office for neglect of any duty required by law, 
13
for incompetence
incompetency, or for
unprofessional or 
14
dishonorable conduct.

15
    (e) The Director shall consider the recommendations of the 
16
Board on
questions involving standards of professional 
17
conduct, discipline, and
qualifications of candidates for 
18
licensure under this Act.

19
    (f) The members of the Board shall be reimbursed for all 
20
legitimate and
necessary expenses incurred in attending 
21
meetings of the Board.

22
    (g) Every 3 years after the effective date of this 
23
amendatory Act of the 94th General Assembly, the Board shall 
24
conduct a study and report its findings to the Governor and the 
25
General Assembly on the effects of this Act on the access, 
26
quality, and cost of respiratory care services in the State.

27
(Source: P.A. 89-33, eff. 1-1-96.)


 



28
    (225 ILCS 106/50)


29
    (Section scheduled to be repealed on January 1, 2006)

30
    Sec. 50. Qualifications for a license. 

31
    (a) A person is qualified to be licensed as a licensed 
32
respiratory care
practitioner, and the Department may issue a 
33
license authorizing the practice
of respiratory care to an 
 


 






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applicant who:


2
        (1) has applied in writing on the prescribed form and 
3
    has paid the
required fee;


4
        (2) has successfully completed a respiratory care 
5
    training program
approved by the Department;


6
        (3) has successfully passed an examination for the 
7
    practice of respiratory
care authorized by the Department, 
8
    within 5 years of making application; and


9
        (4) has paid the fees required by this Act.

10
    Any person who has received certification by any state or 
11
national
organization whose standards are accepted by the 
12
Department as being
substantially similar to the standards in 
13
this Act may apply for a respiratory
care practitioner license 
14
without examination.

15
    (b) Beginning 6 months after December 31, 2005, all 
16
individuals who provide satisfactory evidence to the 
17
Department of 3 years of experience, with a minimum of 400 
18
hours per year, in the practice of respiratory care during the 
19
5 years immediately preceding December 31, 2005 shall be issued 
20
a license.  This experience must have been obtained while under 
21
the supervision of a certified respiratory therapist, a 
22
registered respiratory therapist, or a licensed registered 
23
nurse or under the supervision or direction of a licensed 
24
health care professional.  All applications for a license under 
25
this subsection (b) shall be postmarked within 12 months after 
26
December 31, 2005.
All individuals who, on the effective date 
27
of this Act, provide
satisfactory evidence to the Department of 
28
3 years experience in the practice
of respiratory care during 
29
the 5 years immediately preceding the effective date
of this 
30
Act shall be issued a license.  To qualify for a license under

31
subsection (b), all applications for a license under this 
32
subsection (b) shall
be filed within 24 months after the 
33
effective date of this Act.

34
    (c)  A person may practice as a respiratory care 
 


 






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1
practitioner if he or she has applied in writing to the 
2
Department in form and substance satisfactory to the Department 
3
for a license as a registered respiratory care practitioner and 
4
has complied with all the provisions under this Section except 
5
for the passing of an examination to be eligible to receive 
6
such license, until the  Department has made the decision  that 
7
the applicant has failed to pass the next available examination 
8
authorized by the Department or has failed, without an approved 
9
excuse, to take the next available examination authorized by 
10
the Department or until the withdrawal of the application, but 
11
not to exceed 6 months.   An applicant practicing professional 
12
registered respiratory care under this subsection (c)  who 
13
passes the examination, however, may continue to practice under 
14
this subsection (c) until such time as he or she receives his 
15
or her license to practice or until the Department notifies him 
16
or her that the license has been denied. No applicant for 
17
licensure practicing under the provisions of this subsection 
18
(c) shall practice professional respiratory care except under 
19
the direct supervision of a licensed health care professional 
20
or authorized licensed personnel.   In no instance shall any such 
21
applicant practice or be employed in any supervisory capacity.
22
(Source: P.A. 89-33, eff. 1-1-96.)


 



23
    (225 ILCS 106/95)


24
    (Section scheduled to be repealed on January 1, 2006)

25
    Sec. 95. Grounds for discipline. 

26
    (a) The Department may refuse to issue, renew, or may 
27
revoke, suspend, place
on probation, reprimand, or take other 
28
disciplinary action as the Department
considers appropriate, 
29
including the issuance of fines not to exceed $5,000 for
each 
30
violation, with regard to any license for any one or more of 
31
the
following:


32
        (1) Material misstatement in furnishing information to 
33
    the Department or
to any other State or federal agency.


 


 






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1
        (2) Violations of this Act, or any
of its rules.


2
        (3) Conviction of any crime under the laws of the 
3
    United States or any
state or territory thereof that is a 
4
    felony or a misdemeanor, an essential
element of which is 
5
    dishonesty, or of any crime that is directly related to the

6
    practice of the profession.


7
        (4) Making any misrepresentation for the purpose of 
8
    obtaining a license.


9
        (5) Professional incompetence or negligence in the 
10
    rendering of
respiratory care services.


11
        (6) Malpractice.


12
        (7) Aiding or assisting another person in violating any 
13
    rules or
provisions of this Act.


14
        (8) Failing to provide information within 60 days in 
15
    response to a written
request made by the Department.


16
        (9) Engaging in dishonorable, unethical, or 
17
    unprofessional conduct of a
character likely to deceive, 
18
    defraud, or harm the public.


19
        (10) Violating the rules of professional conduct 
20
    adopted by the
Department.


21
        (11) Discipline by another jurisdiction, if at least 
22
    one of the grounds
for the discipline is the same or 
23
    substantially equivalent to those set forth
in this Act.


24
        (12) Directly or indirectly giving to or receiving from 
25
    any person, firm,
corporation, partnership, or association 
26
    any fee, commission, rebate, or other
form of compensation 
27
    for any professional services not actually rendered.


28
        (13) A finding by the Department that the licensee, 
29
    after having the
license placed on probationary status, has 
30
    violated the terms of the probation.


31
        (14) Abandonment of a patient.


32
        (15) Willfully filing false reports relating to a 
33
    licensee's practice
including, but not limited to, false 
34
    records filed with a federal or State
agency or department.


 


 






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1
        (16) Willfully failing to report an instance of 
2
    suspected child abuse or
neglect as required by the Abused 
3
    and Neglected Child Reporting Act.


4
        (17) Providing respiratory care, other than pursuant 
5
    to an order
the
prescription
of a licensed
physician.


6
        (18) Physical or mental disability
including, but not 
7
    limited to, deterioration through
the aging process or loss 
8
    of motor skills that results in the inability to
practice 
9
    the profession with reasonable judgment, skill, or safety.


10
        (19) Solicitation of professional services by using 
11
    false or misleading
advertising.


12
        (20) Failure to file a tax return, or to pay the tax, 
13
    penalty, or interest
shown in a filed return, or to pay any 
14
    final assessment of tax penalty, or
interest, as required 
15
    by any tax Act administered by the Illinois Department of

16
    Revenue or any successor agency or the Internal Revenue 
17
    Service or
any
successor agency.


18
        (21) Irregularities in billing a third party for 
19
    services rendered or in
reporting charges for services not 
20
    rendered.


21
        (22) Being named as a perpetrator in an indicated 
22
    report by the Department
of Children and Family Services 
23
    under the Abused and Neglected Child Reporting
Act, and 
24
    upon proof by clear and convincing evidence that the 
25
    licensee has
caused a child to be an abused child or 
26
    neglected child as defined in the
Abused and Neglected 
27
    Child Reporting Act.


28
        (23) Habitual or excessive use or addiction to alcohol, 
29
    narcotics,
stimulants, or any other chemical agent or drug 
30
    that results in an inability to
practice with reasonable 
31
    skill, judgment, or safety.


32
        (24) Being named as a perpetrator in an indicated 
33
    report by the
Department on Aging under the Elder Abuse and 
34
    Neglect Act, and upon proof by
clear and convincing 
 


 






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1
    evidence that the licensee has caused an elderly person to

2
    be abused or neglected as defined in the Elder Abuse and 
3
    Neglect Act.


4
        (25) Willfully failing to report an instance of 
5
    suspected elder abuse or
neglect as required by the Elder 
6
    Abuse and Neglect Act.

7
    (b) The determination by a court that a licensee is subject 
8
to involuntary
admission or judicial admission as provided in 
9
the Mental Health and
Developmental Disabilities Code will 
10
result in an automatic suspension of his
or
her license.  The 
11
suspension will end upon a finding by a court that the
licensee 
12
is no
longer subject to involuntary admission or judicial 
13
admission, the issuance
of an order so finding and discharging 
14
the patient, and the recommendation of
the Board to the 
15
Director that the licensee be allowed to resume his or her

16
practice.

17
(Source: P.A. 90-655, eff. 7-30-98; 91-259, eff. 1-1-00.)



 

18
    (225 ILCS 106/55 rep.)


19
    Section 15. The Respiratory Care Practice Act is amended  by 
20
repealing Section 55.
 

21
    Section 99. Effective date. This Act takes effect upon 
22
becoming law.".