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    AN ACT concerning professional regulation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:

 
4
    Section 5. The Regulatory Sunset Act is amended  by changing 
5
Section 4.16 and by adding Section 4.26 as follows:
 



6
    (5 ILCS 80/4.16)


7
    Sec. 4.16. Acts repealed January 1, 2006. The following 
8
Acts are repealed January 1, 2006:

9
    The Respiratory Care Practice Act.

10
    The Hearing Instrument Consumer Protection Act.

11
    The Illinois Dental Practice Act.

12
    The Professional Geologist Licensing Act.

13
    The Illinois Athletic Trainers Practice Act.

14
    The Barber, Cosmetology, Esthetics, and Nail Technology 
15
Act of 1985.

16
    The Collection Agency Act.

17
    The Illinois Roofing Industry Licensing Act.

18
    The Illinois Physical Therapy Act.

19
(Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, 
20
eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, 
21
eff. 8-20-95; 89-626, eff.
8-9-96.)


 
22
    (5 ILCS 80/4.26 new)

23
    Sec. 4.26. Act repealed on January 1, 2016. The following 
24
Act is repealed on January 1, 2016:
25
    The Respiratory Care Practice Act.
 
26
    Section 10. The Respiratory Care Practice Act is amended  by 
27
changing Sections 10, 15, 20, 35, 50,  and 95 as follows:
 



28
    (225 ILCS 106/10)



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    (Section scheduled to be repealed on January 1, 2006)

 


 






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    Sec. 10. Definitions. In this Act:

2
    "Advanced practice nurse" means an advanced practice nurse 
3
licensed under the Nursing and Advanced Practice Nursing Act.

4
    "Board" means the Respiratory Care Board appointed by the 
5
Director.
6
    "Basic respiratory care activities" means and includes all 
7
of the following activities:
8
                (1) Cleaning, disinfecting, and sterilizing equipment 
9
    used in the practice of respiratory care as delegated by a 
10
    licensed health care professional or other authorized 
11
    licensed personnel.
12
        (2) Assembling equipment used in the practice of 
13
    respiratory care as delegated by a licensed health care 
14
    professional or other authorized licensed personnel.
15
        (3) Collecting and reviewing patient data through 
16
    non-invasive means, provided that the collection and 
17
    review does not include the individual's interpretation of 
18
    the clinical significance of the data. Collecting and 
19
    reviewing patient data includes the performance of pulse 
20
    oximetry and non-invasive monitoring procedures in order 
21
    to obtain vital signs and notification to licensed health 
22
    care professionals and other authorized licensed personnel 
23
    in a timely manner.
24
        (4) Maintaining a nasal cannula or face mask for oxygen 
25
    therapy in the proper position on the patient's face.
26
        (5) Assembling a nasal cannula or face mask for oxygen 
27
    therapy at patient bedside in preparation for use.
28
        (6) Maintaining a patient's natural airway by 
29
    physically manipulating the jaw and neck, suctioning the 
30
    oral cavity, or suctioning the mouth or nose with a bulb 
31
    syringe.
32
        (7) Performing assisted ventilation during emergency 
33
    resuscitation using a manual resuscitator.
34
        (8) Using a manual resuscitator at the direction of a 
35
    licensed health care professional or other authorized 
36
    licensed personnel who is present and performing routine 
 


 






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    airway suctioning. These activities do not include care of 
2
    a patient's artificial airway or the adjustment of 
3
    mechanical ventilator settings while a patient is 
4
    connected to the ventilator.


5
"Basic respiratory care activities" does not mean activities 
6
that involve any of the following:

7
        (1) Specialized knowledge that results from a course of 
8
    education or training in respiratory care.
9
        (2) An unreasonable risk of a negative outcome for the 
10
    patient.
11
        (3) The assessment or making of a decision concerning 
12
    patient care.
13
        (4) The administration of aerosol medication or 
14
    oxygen.
15
        (5) The insertion and maintenance of an artificial 
16
    airway.
17
        (6) Mechanical ventilatory support.
18
        (7) Patient assessment.
19
        (8) Patient education.

20
    "Department" means the Department of Professional 
21
Regulation.

22
    "Director" means the Director of
Professional Regulation.

23
    "Licensed" means that which is required to hold oneself
out 
24
as
a respiratory care
practitioner as defined in this Act.

25
    "Licensed health care professional" means a physician 
26
licensed to practice medicine in all its branches, an advanced 
27
practice nurse who has a written collaborative agreement with a 
28
collaborating physician that authorizes the advanced practice 
29
nurse to transmit orders to a respiratory care practitioner, or 
30
a physician assistant who has been delegated the authority to 
31
transmit orders to a respiratory care practitioner by his or 
32
her supervising physician
physician" means a physician 
33
licensed to practice medicine in all
its branches.

34
    "Order" means a written, oral, or telecommunicated 
35
authorization for respiratory care services for a patient by 
36
(i) a licensed health care professional who maintains medical 
 


 






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supervision of the patient and makes a diagnosis or verifies 
2
that the patient's condition is such that it may be treated by 
3
a respiratory care practitioner or (ii) a certified registered 
4
nurse anesthetist in a licensed hospital.

5
    "Other authorized licensed personnel" means a licensed 
6
respiratory care practitioner, a licensed registered nurse, or 
7
a licensed practical nurse whose scope of practice authorizes 
8
the professional to supervise an individual who is not 
9
licensed, certified, or registered as a health professional.
10
    "Proximate supervision" means a situation in which an 
11
individual is
         responsible for directing the actions of another 
12
individual in the facility and is physically close enough to be 
13
readily available, if needed, by the supervised individual.

14
    "Respiratory care" and "cardiorespiratory care"
mean 
15
preventative services, evaluation and assessment services, 
16
therapeutic services, and rehabilitative services under the 
17
order of a licensed health care professional or a certified 
18
registered nurse anesthetist in a licensed hospital for an 
19
individual with a disorder, disease, or abnormality of the 
20
cardiopulmonary system.  These terms include, but are not 
21
limited to, measuring, observing, assessing, and monitoring 
22
signs and symptoms, reactions, general behavior, and general 
23
physical response of individuals to respiratory care services, 
24
including the determination of whether those signs, symptoms, 
25
reactions, behaviors, or general physical responses exhibit 
26
abnormal characteristics; the administration of 
27
pharmacological and therapeutic agents related to respiratory 
28
care services; the collection of blood specimens and other 
29
bodily fluids and tissues for, and the performance of, 
30
cardiopulmonary diagnostic testing procedures, including, but 
31
not limited to, blood gas analysis; development, 
32
implementation, and modification of respiratory care treatment 
33
plans based on assessed abnormalities of the cardiopulmonary 
34
system, respiratory care guidelines, referrals, and orders of a 
35
licensed health care professional; application, operation, and 
36
management of mechanical ventilatory support and other means of 
 


 






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life support; and the initiation of emergency procedures under 
2
the rules promulgated by the Department. A respiratory care 
3
practitioner shall refer to a physician licensed to practice 
4
medicine in all its branches any patient whose condition, at 
5
the time of evaluation or treatment, is determined to be beyond 
6
the scope of practice of the respiratory care practitioner.

7
include, but are not limited to, direct and indirect
services 
8
in the implementation of treatment, management, disease 
9
prevention,
diagnostic testing, monitoring, and care of 
10
patients with deficiencies and
abnormalities associated with 
11
the cardiopulmonary system, including (i) a
determination of 
12
whether such signs and symptoms, reactions, behavior, and

13
general response exhibit abnormal characteristics and (ii) 
14
implementation of
treatment based on the observed 
15
abnormalities, of appropriate reporting,
referral, respiratory 
16
care protocols, or changes in treatment pursuant to the

17
written, oral, or telephone transmitted orders of a
licensed 
18
physician.
"Respiratory care" includes the transcription and 
19
implementation of written,
oral, and telephone transmitted 
20
orders by a licensed physician
pertaining to the practice of 
21
respiratory care and the initiation of emergency
procedures 
22
under rules promulgated by the Board or as otherwise permitted 
23
in
this Act.  The practice of respiratory care may be
performed 
24
in any clinic, hospital, skilled nursing facility, private 
25
dwelling,
or other place considered appropriate by the Board in 
26
accordance with the
written, oral, or telephone transmitted 
27
order of a
physician and
shall be performed under the direction 
28
of a licensed
physician.  "Respiratory
care" includes 
29
inhalation and respiratory therapy.

30
    "Respiratory care education program" means a course of 
31
academic study leading
to eligibility for registry or 
32
certification in respiratory care.  The training
is to be 
33
approved by an accrediting agency recognized by the Board and 
34
shall
include an evaluation of competence through a 
35
standardized testing mechanism
that is determined by the Board 
36
to be both valid and reliable.

 


 






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    "Respiratory care practitioner" means a person who is 
2
licensed by the
Department of Professional Regulation and meets 
3
all of the following
criteria:


4
        (1) The person is engaged in the practice of 
5
    cardiorespiratory care and
has the knowledge and skill 
6
    necessary to administer respiratory care.


7
        (2) The person is capable of serving as a resource to 
8
    the
licensed
health care professional
physician in

9
    relation to the technical aspects of cardiorespiratory 
10
    care and the safe and
effective methods for administering 
11
    cardiorespiratory care modalities.


12
        (3) The person is able to function in situations of 
13
    unsupervised patient
contact requiring great individual 
14
    judgment.


15
        (4) The person is capable of supervising, directing, or 
16
    teaching less
skilled personnel in the provision of 
17
    respiratory care services.

18
(Source: P.A. 89-33, eff. 1-1-96.)

 



19
    (225 ILCS 106/15)



20
    (Section scheduled to be repealed on January 1, 2006)

21
    Sec. 15. Exemptions. 

22
    (a) This Act does not prohibit a person legally regulated 
23
in this State by
any other Act from engaging in any practice 
24
for which he or she is authorized.
as long as he or she does not 
25
represent himself or herself by the title of
respiratory care 
26
practitioner.  This Act does not prohibit the
practice of 
27
nonregulated professions whose practitioners are engaged in 
28
the
delivery of respiratory care as long as these practitioners 
29
do not represent
themselves as or use the title of a 
30
respiratory care practitioner.

31
    (b) Nothing in this Act shall prohibit the practice of 
32
respiratory care by a
person who is employed by the United 
33
States government or any bureau, division,
or agency thereof

34
while in the discharge of the employee's official duties.

35
    (c) Nothing in this Act shall be construed to limit the 
 


 






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activities and
services of a person enrolled in an approved 
2
course of study leading to a
degree or certificate of registry 
3
or certification eligibility in respiratory
care if these 
4
activities and services constitute a part of a supervised 
5
course
of study and if the person is designated by a title 
6
which clearly indicates his
or her status as a student or 
7
trainee.  Status as a student or trainee shall
not exceed 3 
8
years from the date of enrollment in an approved course.

9
    (d) Nothing in this Act shall prohibit a person from 
10
treating ailments by
spiritual means through prayer alone in 
11
accordance with the tenets and
practices of a recognized church 
12
or religious denomination.

13
    (e) Nothing in this Act shall be construed to prevent a 
14
person who is a
registered nurse, an advanced practice nurse,

15
or a certified registered nurse anesthetist or a licensed

16
practical nurse, a physician assistant, or a physician licensed 
17
to practice medicine in all its branches from providing 
18
respiratory care.

19
    (f) Nothing in this Act shall  limit a person who is 
20
credentialed by the
National Society for Cardiopulmonary 
21
Technology or the National Board for
Respiratory Care from 
22
performing pulmonary function tests and related
respiratory 
23
care procedures related to the pulmonary function test for 
24
which appropriate competencies have been
demonstrated.

25
    (g) Nothing in this Act shall prohibit the collection and 
26
analysis of blood
by clinical laboratory personnel meeting the 
27
personnel standards of the
Illinois Clinical Laboratory Act.

28
    (h)
Nothing in this Act shall prohibit a polysomnographic 
29
technologist, technician, or trainee, as defined in the job 
30
descriptions jointly accepted by the American Academy of Sleep 
31
Medicine, the Association of Polysomnographic Technologists, 
32
the Board of Registered Polysomnographic Technologists, and 
33
the American Society of Electroneurodiagnostic Technologists, 
34
from performing activities within the scope of practice of 
35
polysomnographic technology while under the direction of a 
36
physician licensed in this State
limit the activities of a 
 


 






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person who is not
licensed under this Act from performing 
2
respiratory care if he or she does
not
represent himself or 
3
herself as a respiratory care practitioner.

4
    (i)
Nothing in this Act shall prohibit a family member from 
5
providing respiratory care services to an ill person
qualified 
6
members of other
professional groups, including but not limited 
7
to nurses, from performing or
advertising that he or she 
8
performs the work of a respiratory care practitioner
in a 
9
manner consistent with his or her training, or any code of 
10
ethics of
his or her
respective professions, but only if he or 
11
she does not represent
himself or herself
by any
title or 
12
description as a respiratory care practitioner.

13
    (j) Nothing in this Act shall be construed to limit an 
14
unlicensed practitioner in a licensed hospital who is working 
15
under the proximate supervision of a licensed health care 
16
professional or other authorized licensed personnel  and 
17
providing direct patient care services from performing basic 
18
respiratory care activities if the unlicensed practitioner
        (i) 
19
has demonstrated competency to perform the basic respiratory 
20
care activities to the facility that employs or contracts with 
21
the individual and
        (ii) is, at a minimum, evaluated annually, 
22
with the competency of the unlicensed practitioner's 
23
performance of basic respiratory care activities documented by 
24
the facility.
This Act does not prohibit a hospital, nursing 
25
home, long-term care
facility, home health agency, health 
26
system or network, or any other
organization or institution 
27
that provides health or illness care for
individuals or 
28
communities from providing respiratory care through

29
practitioners that the organization considers competent.  These 
30
entities shall
not be required to utilize licensed respiratory 
31
care practitioners to practice
respiratory care when providing 
32
respiratory care for their patients or
customers.  
33
Organizations providing respiratory care may decide who is

34
competent to deliver that respiratory care. Nothing in this Act 
35
shall be
construed to limit the ability of an employer to 
36
utilize a respiratory care
practitioner within the employment 
 


 






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setting consistent with the individual's
skill and training.

2
    (k) Nothing in this Act shall be construed to prohibit a 
3
person enrolled in an approved course of study leading to a 
4
degree or certification in a health care-related discipline 
5
that provides respiratory care activities within his or her 
6
scope of practice and employed in a licensed hospital in order 
7
to provide direct patient care services under the direction of 
8
other authorized licensed personnel  from providing respiratory 
9
care activities.

10
(Source: P.A. 91-259, eff. 1-1-00.)

 



11
    (225 ILCS 106/20)



12
    (Section scheduled to be repealed on January 1, 2006)

13
    Sec. 20. Restrictions and limitations. 

14
    (a) No person shall, without a valid license as a 
15
respiratory care
practitioner (i) hold himself or herself out 
16
to the public as a respiratory
care practitioner; or (ii)  use 
17
the title "respiratory care practitioner"; or (iii) perform the 
18
duties of a respiratory care practitioner, except as provided 
19
in Section 15 of this Act.

20
    (b) Nothing in the Act shall be construed to permit a 
21
person licensed as
a respiratory care practitioner to engage in 
22
any manner in the practice of
medicine in all its branches as 
23
defined by State law.

24
(Source: P.A. 89-33, eff. 1-1-96.)

 



25
    (225 ILCS 106/35)


26
    (Section scheduled to be repealed on January 1, 2006)

27
    Sec. 35. Respiratory Care Board. 

28
    (a) The Director shall appoint a Respiratory Care Board 
29
which shall serve in
an advisory capacity to the Director.  The 
30
Board shall consist of 9 persons of
which 4 members shall be 
31
currently engaged in the practice of respiratory care
with a

32
minimum of 3 years practice in the State of Illinois, 3 members 
33
shall be
qualified medical directors, and 2 members shall be 
34
hospital administrators.

 


 






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    (b) Members shall be appointed to a 3-year term; except, 
2
initial appointees
shall serve the following terms: 3 members 
3
shall serve for one year, 3 members
shall serve for 2 years, 
4
and 3 members shall serve for 3 years.  A member whose
term has 
5
expired shall continue to serve until his or her successor is

6
appointed and qualified.  No member shall be reappointed to the 
7
Board for a
term that would cause his or her continuous service 
8
on the Board to be longer
than 8 years.  Appointments to fill 
9
vacancies shall be made in the same manner
as original 
10
appointments for the unexpired portion of the vacated term.

11
Initial terms shall begin upon the effective date of this Act.

12
    (c) The membership of the Board shall reasonably represent 
13
all the
geographic
areas in this State.  The Director shall 
14
consider the recommendations of the
organization representing 
15
the largest number of respiratory care practitioners
for 
16
appointment of the respiratory care practitioner members of the 
17
Board and
the organization representing the largest number of 
18
licensed
physicians licensed to practice medicine in all its 
19
branches for the
appointment of medical directors to the board.

20
    (d) The Director has the authority to remove any member of 
21
the Board from
office for neglect of any duty required by law, 
22
for incompetence
incompetency, or for
unprofessional or 
23
dishonorable conduct.

24
    (e) The Director shall consider the recommendations of the 
25
Board on
questions involving standards of professional 
26
conduct, discipline, and
qualifications of candidates for 
27
licensure under this Act.

28
    (f) The members of the Board shall be reimbursed for all 
29
legitimate and
necessary expenses incurred in attending 
30
meetings of the Board.

31
    (g) Every 3 years after the effective date of this 
32
amendatory Act of the 94th General Assembly, the Board shall 
33
conduct a study and report its findings to the Governor and the 
34
General Assembly on the effects of this Act on the access, 
35
quality, and cost of respiratory care services in the State.

36
(Source: P.A. 89-33, eff. 1-1-96.)


 



 


 






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    (225 ILCS 106/50)


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

3
    Sec. 50. Qualifications for a license. 

4
    (a) A person is qualified to be licensed as a licensed 
5
respiratory care
practitioner, and the Department may issue a 
6
license authorizing the practice
of respiratory care to an 
7
applicant who:


8
        (1) has applied in writing on the prescribed form and 
9
    has paid the
required fee;


10
        (2) has successfully completed a respiratory care 
11
    training program
approved by the Department;


12
        (3) has successfully passed an examination for the 
13
    practice of respiratory
care authorized by the Department, 
14
    within 5 years of making application; and


15
        (4) has paid the fees required by this Act.

16
    Any person who has received certification by any state or 
17
national
organization whose standards are accepted by the 
18
Department as being
substantially similar to the standards in 
19
this Act may apply for a respiratory
care practitioner license 
20
without examination.

21
    (b) Beginning 6 months after December 31, 2005, all 
22
individuals who provide satisfactory evidence to the 
23
Department of 3 years of experience, with a minimum of 400 
24
hours per year, in the practice of respiratory care during the 
25
5 years immediately preceding December 31, 2005 shall be issued 
26
a license.  This experience must have been obtained while under 
27
the supervision of a certified respiratory therapist, a 
28
registered respiratory therapist, or a licensed registered 
29
nurse or under the supervision or direction of a licensed 
30
health care professional.  All applications for a license under 
31
this subsection (b) shall be postmarked within 12 months after 
32
December 31, 2005.
All individuals who, on the effective date 
33
of this Act, provide
satisfactory evidence to the Department of 
34
3 years experience in the practice
of respiratory care during 
35
the 5 years immediately preceding the effective date
of this 
 


 






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Act shall be issued a license.  To qualify for a license under

2
subsection (b), all applications for a license under this 
3
subsection (b) shall
be filed within 24 months after the 
4
effective date of this Act.

5
    (c)  A person may practice as a respiratory care 
6
practitioner if he or she has applied in writing to the 
7
Department in form and substance satisfactory to the Department 
8
for a license as a registered respiratory care practitioner and 
9
has complied with all the provisions under this Section except 
10
for the passing of an examination to be eligible to receive 
11
such license, until the  Department has made the decision  that 
12
the applicant has failed to pass the next available examination 
13
authorized by the Department or has failed, without an approved 
14
excuse, to take the next available examination authorized by 
15
the Department or until the withdrawal of the application, but 
16
not to exceed 6 months.   An applicant practicing professional 
17
registered respiratory care under this subsection (c)  who 
18
passes the examination, however, may continue to practice under 
19
this subsection (c) until such time as he or she receives his 
20
or her license to practice or until the Department notifies him 
21
or her that the license has been denied. No applicant for 
22
licensure practicing under the provisions of this subsection 
23
(c) shall practice professional respiratory care except under 
24
the direct supervision of a licensed health care professional 
25
or authorized licensed personnel.   In no instance shall any such 
26
applicant practice or be employed in any supervisory capacity.
27
(Source: P.A. 89-33, eff. 1-1-96.)


 



28
    (225 ILCS 106/95)


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

30
    Sec. 95. Grounds for discipline. 

31
    (a) The Department may refuse to issue, renew, or may 
32
revoke, suspend, place
on probation, reprimand, or take other 
33
disciplinary action as the Department
considers appropriate, 
34
including the issuance of fines not to exceed $5,000 for
each 
35
violation, with regard to any license for any one or more of 
 


 






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the
following:


2
        (1) Material misstatement in furnishing information to 
3
    the Department or
to any other State or federal agency.


4
        (2) Violations of this Act, or any
of its rules.


5
        (3) Conviction of any crime under the laws of the 
6
    United States or any
state or territory thereof that is a 
7
    felony or a misdemeanor, an essential
element of which is 
8
    dishonesty, or of any crime that is directly related to the

9
    practice of the profession.


10
        (4) Making any misrepresentation for the purpose of 
11
    obtaining a license.


12
        (5) Professional incompetence or negligence in the 
13
    rendering of
respiratory care services.


14
        (6) Malpractice.


15
        (7) Aiding or assisting another person in violating any 
16
    rules or
provisions of this Act.


17
        (8) Failing to provide information within 60 days in 
18
    response to a written
request made by the Department.


19
        (9) Engaging in dishonorable, unethical, or 
20
    unprofessional conduct of a
character likely to deceive, 
21
    defraud, or harm the public.


22
        (10) Violating the rules of professional conduct 
23
    adopted by the
Department.


24
        (11) Discipline by another jurisdiction, if at least 
25
    one of the grounds
for the discipline is the same or 
26
    substantially equivalent to those set forth
in this Act.


27
        (12) Directly or indirectly giving to or receiving from 
28
    any person, firm,
corporation, partnership, or association 
29
    any fee, commission, rebate, or other
form of compensation 
30
    for any professional services not actually rendered.


31
        (13) A finding by the Department that the licensee, 
32
    after having the
license placed on probationary status, has 
33
    violated the terms of the probation.


34
        (14) Abandonment of a patient.


35
        (15) Willfully filing false reports relating to a 
36
    licensee's practice
including, but not limited to, false 
 


 






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1
    records filed with a federal or State
agency or department.


2
        (16) Willfully failing to report an instance of 
3
    suspected child abuse or
neglect as required by the Abused 
4
    and Neglected Child Reporting Act.


5
        (17) Providing respiratory care, other than pursuant 
6
    to an order
the
prescription
of a licensed
physician.


7
        (18) Physical or mental disability
including, but not 
8
    limited to, deterioration through
the aging process or loss 
9
    of motor skills that results in the inability to
practice 
10
    the profession with reasonable judgment, skill, or safety.


11
        (19) Solicitation of professional services by using 
12
    false or misleading
advertising.


13
        (20) Failure to file a tax return, or to pay the tax, 
14
    penalty, or interest
shown in a filed return, or to pay any 
15
    final assessment of tax penalty, or
interest, as required 
16
    by any tax Act administered by the Illinois Department of

17
    Revenue or any successor agency or the Internal Revenue 
18
    Service or
any
successor agency.


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


22
        (22) Being named as a perpetrator in an indicated 
23
    report by the Department
of Children and Family Services 
24
    under the Abused and Neglected Child Reporting
Act, and 
25
    upon proof by clear and convincing evidence that the 
26
    licensee has
caused a child to be an abused child or 
27
    neglected child as defined in the
Abused and Neglected 
28
    Child Reporting Act.


29
        (23) Habitual or excessive use or addiction to alcohol, 
30
    narcotics,
stimulants, or any other chemical agent or drug 
31
    that results in an inability to
practice with reasonable 
32
    skill, judgment, or safety.


33
        (24) Being named as a perpetrator in an indicated 
34
    report by the
Department on Aging under the Elder Abuse and 
35
    Neglect Act, and upon proof by
clear and convincing 
36
    evidence that the licensee has caused an elderly person to

 


 






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1
    be abused or neglected as defined in the Elder Abuse and 
2
    Neglect Act.


3
        (25) Willfully failing to report an instance of 
4
    suspected elder abuse or
neglect as required by the Elder 
5
    Abuse and Neglect Act.

6
    (b) The determination by a court that a licensee is subject 
7
to involuntary
admission or judicial admission as provided in 
8
the Mental Health and
Developmental Disabilities Code will 
9
result in an automatic suspension of his
or
her license.  The 
10
suspension will end upon a finding by a court that the
licensee 
11
is no
longer subject to involuntary admission or judicial 
12
admission, the issuance
of an order so finding and discharging 
13
the patient, and the recommendation of
the Board to the 
14
Director that the licensee be allowed to resume his or her

15
practice.

16
(Source: P.A. 90-655, eff. 7-30-98; 91-259, eff. 1-1-00.)



 

17
    (225 ILCS 106/55 rep.)


18
    Section 15. The Respiratory Care Practice Act is amended  by 
19
repealing Section 55.
 

20
    Section 99. Effective date. This Act takes effect upon 
21
becoming law.