Public Act 094-0523
 
SB0139 Enrolled LRB094 06676 RAS 36770 b

    AN ACT concerning professional regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.16 and by adding Section 4.26 as follows:
 
    (5 ILCS 80/4.16)
    Sec. 4.16. Acts repealed January 1, 2006. The following
Acts are repealed January 1, 2006:
    The Respiratory Care Practice Act.
    The Hearing Instrument Consumer Protection Act.
    The Illinois Dental Practice Act.
    The Professional Geologist Licensing Act.
    The Illinois Athletic Trainers Practice Act.
    The Barber, Cosmetology, Esthetics, and Nail Technology
Act of 1985.
    The Collection Agency Act.
    The Illinois Roofing Industry Licensing Act.
    The Illinois Physical Therapy Act.
(Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80,
eff. 6-30-95; 89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387,
eff. 8-20-95; 89-626, eff. 8-9-96.)
 
    (5 ILCS 80/4.26 new)
    Sec. 4.26. Act repealed on January 1, 2016. The following
Act is repealed on January 1, 2016:
    The Respiratory Care Practice Act.
 
    Section 10. The Respiratory Care Practice Act is amended by
changing Sections 10, 15, 20, 35, 50, and 95 as follows:
 
    (225 ILCS 106/10)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 10. Definitions. In this Act:
    "Advanced practice nurse" means an advanced practice nurse
licensed under the Nursing and Advanced Practice Nursing Act.
    "Board" means the Respiratory Care Board appointed by the
Director.
    "Basic respiratory care activities" means and includes all
of the following activities:
         (1) Cleaning, disinfecting, and sterilizing equipment
    used in the practice of respiratory care as delegated by a
    licensed health care professional or other authorized
    licensed personnel.
        (2) Assembling equipment used in the practice of
    respiratory care as delegated by a licensed health care
    professional or other authorized licensed personnel.
        (3) Collecting and reviewing patient data through
    non-invasive means, provided that the collection and
    review does not include the individual's interpretation of
    the clinical significance of the data. Collecting and
    reviewing patient data includes the performance of pulse
    oximetry and non-invasive monitoring procedures in order
    to obtain vital signs and notification to licensed health
    care professionals and other authorized licensed personnel
    in a timely manner.
        (4) Maintaining a nasal cannula or face mask for oxygen
    therapy in the proper position on the patient's face.
        (5) Assembling a nasal cannula or face mask for oxygen
    therapy at patient bedside in preparation for use.
        (6) Maintaining a patient's natural airway by
    physically manipulating the jaw and neck, suctioning the
    oral cavity, or suctioning the mouth or nose with a bulb
    syringe.
        (7) Performing assisted ventilation during emergency
    resuscitation using a manual resuscitator.
        (8) Using a manual resuscitator at the direction of a
    licensed health care professional or other authorized
    licensed personnel who is present and performing routine
    airway suctioning. These activities do not include care of
    a patient's artificial airway or the adjustment of
    mechanical ventilator settings while a patient is
    connected to the ventilator.
"Basic respiratory care activities" does not mean activities
that involve any of the following:
        (1) Specialized knowledge that results from a course of
    education or training in respiratory care.
        (2) An unreasonable risk of a negative outcome for the
    patient.
        (3) The assessment or making of a decision concerning
    patient care.
        (4) The administration of aerosol medication or
    oxygen.
        (5) The insertion and maintenance of an artificial
    airway.
        (6) Mechanical ventilatory support.
        (7) Patient assessment.
        (8) Patient education.
    "Department" means the Department of Professional
Regulation.
    "Director" means the Director of Professional Regulation.
    "Licensed" means that which is required to hold oneself out
as a respiratory care practitioner as defined in this Act.
    "Licensed health care professional" means a physician
licensed to practice medicine in all its branches, an advanced
practice nurse who has a written collaborative agreement with a
collaborating physician that authorizes the advanced practice
nurse to transmit orders to a respiratory care practitioner, or
a physician assistant who has been delegated the authority to
transmit orders to a respiratory care practitioner by his or
her supervising physician physician" means a physician
licensed to practice medicine in all its branches.
    "Order" means a written, oral, or telecommunicated
authorization for respiratory care services for a patient by
(i) a licensed health care professional who maintains medical
supervision of the patient and makes a diagnosis or verifies
that the patient's condition is such that it may be treated by
a respiratory care practitioner or (ii) a certified registered
nurse anesthetist in a licensed hospital or ambulatory surgical
treatment center.
    "Other authorized licensed personnel" means a licensed
respiratory care practitioner, a licensed registered nurse, or
a licensed practical nurse whose scope of practice authorizes
the professional to supervise an individual who is not
licensed, certified, or registered as a health professional.
    "Proximate supervision" means a situation in which an
individual is responsible for directing the actions of another
individual in the facility and is physically close enough to be
readily available, if needed, by the supervised individual.
    "Respiratory care" and "cardiorespiratory care" mean
preventative services, evaluation and assessment services,
therapeutic services, and rehabilitative services under the
order of a licensed health care professional or a certified
registered nurse anesthetist in a licensed hospital for an
individual with a disorder, disease, or abnormality of the
cardiopulmonary system. These terms include, but are not
limited to, measuring, observing, assessing, and monitoring
signs and symptoms, reactions, general behavior, and general
physical response of individuals to respiratory care services,
including the determination of whether those signs, symptoms,
reactions, behaviors, or general physical responses exhibit
abnormal characteristics; the administration of
pharmacological and therapeutic agents related to respiratory
care services; the collection of blood specimens and other
bodily fluids and tissues for, and the performance of,
cardiopulmonary diagnostic testing procedures, including, but
not limited to, blood gas analysis; development,
implementation, and modification of respiratory care treatment
plans based on assessed abnormalities of the cardiopulmonary
system, respiratory care guidelines, referrals, and orders of a
licensed health care professional; application, operation, and
management of mechanical ventilatory support and other means of
life support; and the initiation of emergency procedures under
the rules promulgated by the Department. A respiratory care
practitioner shall refer to a physician licensed to practice
medicine in all its branches any patient whose condition, at
the time of evaluation or treatment, is determined to be beyond
the scope of practice of the respiratory care practitioner.
include, but are not limited to, direct and indirect services
in the implementation of treatment, management, disease
prevention, diagnostic testing, monitoring, and care of
patients with deficiencies and abnormalities associated with
the cardiopulmonary system, including (i) a determination of
whether such signs and symptoms, reactions, behavior, and
general response exhibit abnormal characteristics and (ii)
implementation of treatment based on the observed
abnormalities, of appropriate reporting, referral, respiratory
care protocols, or changes in treatment pursuant to the
written, oral, or telephone transmitted orders of a licensed
physician. "Respiratory care" includes the transcription and
implementation of written, oral, and telephone transmitted
orders by a licensed physician pertaining to the practice of
respiratory care and the initiation of emergency procedures
under rules promulgated by the Board or as otherwise permitted
in this Act. The practice of respiratory care may be performed
in any clinic, hospital, skilled nursing facility, private
dwelling, or other place considered appropriate by the Board in
accordance with the written, oral, or telephone transmitted
order of a physician and shall be performed under the direction
of a licensed physician. "Respiratory care" includes
inhalation and respiratory therapy.
    "Respiratory care education program" means a course of
academic study leading to eligibility for registry or
certification in respiratory care. The training is to be
approved by an accrediting agency recognized by the Board and
shall include an evaluation of competence through a
standardized testing mechanism that is determined by the Board
to be both valid and reliable.
    "Respiratory care practitioner" means a person who is
licensed by the Department of Professional Regulation and meets
all of the following criteria:
        (1) The person is engaged in the practice of
    cardiorespiratory care and has the knowledge and skill
    necessary to administer respiratory care.
        (2) The person is capable of serving as a resource to
    the licensed health care professional physician in
    relation to the technical aspects of cardiorespiratory
    care and the safe and effective methods for administering
    cardiorespiratory care modalities.
        (3) The person is able to function in situations of
    unsupervised patient contact requiring great individual
    judgment.
        (4) The person is capable of supervising, directing, or
    teaching less skilled personnel in the provision of
    respiratory care services.
(Source: P.A. 89-33, eff. 1-1-96.)
 
    (225 ILCS 106/15)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 15. Exemptions.
    (a) This Act does not prohibit a person legally regulated
in this State by any other Act from engaging in any practice
for which he or she is authorized. as long as he or she does not
represent himself or herself by the title of respiratory care
practitioner. This Act does not prohibit the practice of
nonregulated professions whose practitioners are engaged in
the delivery of respiratory care as long as these practitioners
do not represent themselves as or use the title of a
respiratory care practitioner.
    (b) Nothing in this Act shall prohibit the practice of
respiratory care by a person who is employed by the United
States government or any bureau, division, or agency thereof
while in the discharge of the employee's official duties.
    (c) Nothing in this Act shall be construed to limit the
activities and services of a person enrolled in an approved
course of study leading to a degree or certificate of registry
or certification eligibility in respiratory care if these
activities and services constitute a part of a supervised
course of study and if the person is designated by a title
which clearly indicates his or her status as a student or
trainee. Status as a student or trainee shall not exceed 3
years from the date of enrollment in an approved course.
    (d) Nothing in this Act shall prohibit a person from
treating ailments by spiritual means through prayer alone in
accordance with the tenets and practices of a recognized church
or religious denomination.
    (e) Nothing in this Act shall be construed to prevent a
person who is a registered nurse, an advanced practice nurse,
or a certified registered nurse anesthetist or a licensed
practical nurse, a physician assistant, or a physician licensed
to practice medicine in all its branches from providing
respiratory care.
    (f) Nothing in this Act shall limit a person who is
credentialed by the National Society for Cardiopulmonary
Technology or the National Board for Respiratory Care from
performing pulmonary function tests and related respiratory
care procedures related to the pulmonary function test for
which appropriate competencies have been demonstrated.
    (g) Nothing in this Act shall prohibit the collection and
analysis of blood by clinical laboratory personnel meeting the
personnel standards of the Illinois Clinical Laboratory Act.
    (h) Nothing in this Act shall prohibit a polysomnographic
technologist, technician, or trainee, as defined in the job
descriptions jointly accepted by the American Academy of Sleep
Medicine, the Association of Polysomnographic Technologists,
the Board of Registered Polysomnographic Technologists, and
the American Society of Electroneurodiagnostic Technologists,
from performing activities within the scope of practice of
polysomnographic technology while under the direction of a
physician licensed in this State limit the activities of a
person who is not licensed under this Act from performing
respiratory care if he or she does not represent himself or
herself as a respiratory care practitioner.
    (i) Nothing in this Act shall prohibit a family member from
providing respiratory care services to an ill person qualified
members of other professional groups, including but not limited
to nurses, from performing or advertising that he or she
performs the work of a respiratory care practitioner in a
manner consistent with his or her training, or any code of
ethics of his or her respective professions, but only if he or
she does not represent himself or herself by any title or
description as a respiratory care practitioner.
    (j) Nothing in this Act shall be construed to limit an
unlicensed practitioner in a licensed hospital who is working
under the proximate supervision of a licensed health care
professional or other authorized licensed personnel and
providing direct patient care services from performing basic
respiratory care activities if the unlicensed practitioner (i)
has been trained to perform the basic respiratory care
activities at the facility that employs or contracts with the
individual and (ii) at a minimum, has annually received an
evaluation of the unlicensed practitioner's performance of
basic respiratory care activities documented by the facility.
This Act does not prohibit a hospital, nursing home, long-term
care facility, home health agency, health system or network, or
any other organization or institution that provides health or
illness care for individuals or communities from providing
respiratory care through practitioners that the organization
considers competent. These entities shall not be required to
utilize licensed respiratory care practitioners to practice
respiratory care when providing respiratory care for their
patients or customers. Organizations providing respiratory
care may decide who is competent to deliver that respiratory
care. Nothing in this Act shall be construed to limit the
ability of an employer to utilize a respiratory care
practitioner within the employment setting consistent with the
individual's skill and training.
    (k) Nothing in this Act shall be construed to prohibit a
person enrolled in an approved course of study leading to a
degree or certification in a health care-related discipline
that provides respiratory care activities within his or her
scope of practice and employed in a licensed hospital in order
to provide direct patient care services under the direction of
other authorized licensed personnel from providing respiratory
care activities.
(Source: P.A. 91-259, eff. 1-1-00.)
 
    (225 ILCS 106/20)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 20. Restrictions and limitations.
    (a) No person shall, without a valid license as a
respiratory care practitioner (i) hold himself or herself out
to the public as a respiratory care practitioner; or (ii) use
the title "respiratory care practitioner"; or (iii) perform the
duties of a respiratory care practitioner, except as provided
in Section 15 of this Act.
    (b) Nothing in the Act shall be construed to permit a
person licensed as a respiratory care practitioner to engage in
any manner in the practice of medicine in all its branches as
defined by State law.
(Source: P.A. 89-33, eff. 1-1-96.)
 
    (225 ILCS 106/35)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 35. Respiratory Care Board.
    (a) The Director shall appoint a Respiratory Care Board
which shall serve in an advisory capacity to the Director. The
Board shall consist of 9 persons of which 4 members shall be
currently engaged in the practice of respiratory care with a
minimum of 3 years practice in the State of Illinois, 3 members
shall be qualified medical directors, and 2 members shall be
hospital administrators.
    (b) Members shall be appointed to a 3-year term; except,
initial appointees shall serve the following terms: 3 members
shall serve for one year, 3 members shall serve for 2 years,
and 3 members shall serve for 3 years. A member whose term has
expired shall continue to serve until his or her successor is
appointed and qualified. No member shall be reappointed to the
Board for a term that would cause his or her continuous service
on the Board to be longer than 8 years. Appointments to fill
vacancies shall be made in the same manner as original
appointments for the unexpired portion of the vacated term.
Initial terms shall begin upon the effective date of this Act.
    (c) The membership of the Board shall reasonably represent
all the geographic areas in this State. The Director shall
consider the recommendations of the organization representing
the largest number of respiratory care practitioners for
appointment of the respiratory care practitioner members of the
Board and the organization representing the largest number of
licensed physicians licensed to practice medicine in all its
branches for the appointment of medical directors to the board.
    (d) The Director has the authority to remove any member of
the Board from office for neglect of any duty required by law,
for incompetence incompetency, or for unprofessional or
dishonorable conduct.
    (e) The Director shall consider the recommendations of the
Board on questions involving standards of professional
conduct, discipline, and qualifications of candidates for
licensure under this Act.
    (f) The members of the Board shall be reimbursed for all
legitimate and necessary expenses incurred in attending
meetings of the Board.
(Source: P.A. 89-33, eff. 1-1-96.)
 
    (225 ILCS 106/50)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 50. Qualifications for a license.
    (a) A person is qualified to be licensed as a licensed
respiratory care practitioner, and the Department may issue a
license authorizing the practice of respiratory care to an
applicant who:
        (1) has applied in writing on the prescribed form and
    has paid the required fee;
        (2) has successfully completed a respiratory care
    training program approved by the Department;
        (3) has successfully passed an examination for the
    practice of respiratory care authorized by the Department,
    within 5 years of making application; and
        (4) has paid the fees required by this Act.
    Any person who has received certification by any state or
national organization whose standards are accepted by the
Department as being substantially similar to the standards in
this Act may apply for a respiratory care practitioner license
without examination.
    (b) Beginning 6 months after December 31, 2005, all
individuals who provide satisfactory evidence to the
Department of 3 years of experience, with a minimum of 400
hours per year, in the practice of respiratory care during the
5 years immediately preceding December 31, 2005 shall be issued
a license, unless the license may be denied under Section 95 of
this Act. This experience must have been obtained while under
the supervision of a certified respiratory therapist, a
registered respiratory therapist, or a licensed registered
nurse or under the supervision or direction of a licensed
health care professional. All applications for a license under
this subsection (b) shall be postmarked within 12 months after
December 31, 2005. All individuals who, on the effective date
of this Act, provide satisfactory evidence to the Department of
3 years experience in the practice of respiratory care during
the 5 years immediately preceding the effective date of this
Act shall be issued a license. To qualify for a license under
subsection (b), all applications for a license under this
subsection (b) shall be filed within 24 months after the
effective date of this Act.
    (c) A person may practice as a respiratory care
practitioner if he or she has applied in writing to the
Department in form and substance satisfactory to the Department
for a license as a licensed respiratory care practitioner and
has complied with all the provisions under this Section except
for the passing of an examination to be eligible to receive
such license, until the Department has made the decision that
the applicant has failed to pass the next available examination
authorized by the Department or has failed, without an approved
excuse, to take the next available examination authorized by
the Department or until the withdrawal of the application, but
not to exceed 6 months. An applicant practicing professional
registered respiratory care under this subsection (c) who
passes the examination, however, may continue to practice under
this subsection (c) until such time as he or she receives his
or her license to practice or until the Department notifies him
or her that the license has been denied. No applicant for
licensure practicing under the provisions of this subsection
(c) shall practice professional respiratory care except under
the direct supervision of a licensed health care professional
or authorized licensed personnel. In no instance shall any such
applicant practice or be employed in any supervisory capacity.
(Source: P.A. 89-33, eff. 1-1-96.)
 
    (225 ILCS 106/95)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 95. Grounds for discipline.
    (a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department considers appropriate,
including the issuance of fines not to exceed $5,000 for each
violation, with regard to any license for any one or more of
the following:
        (1) Material misstatement in furnishing information to
    the Department or to any other State or federal agency.
        (2) Violations of this Act, or any of its rules.
        (3) Conviction of any crime under the laws of the
    United States or any state or territory thereof that is a
    felony or a misdemeanor, an essential element of which is
    dishonesty, or of any crime that is directly related to the
    practice of the profession.
        (4) Making any misrepresentation for the purpose of
    obtaining a license.
        (5) Professional incompetence or negligence in the
    rendering of respiratory care services.
        (6) Malpractice.
        (7) Aiding or assisting another person in violating any
    rules or provisions of this Act.
        (8) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (9) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        (10) Violating the rules of professional conduct
    adopted by the Department.
        (11) Discipline by another jurisdiction, if at least
    one of the grounds for the discipline is the same or
    substantially equivalent to those set forth in this Act.
        (12) Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate, or other form of compensation
    for any professional services not actually rendered.
        (13) A finding by the Department that the licensee,
    after having the license placed on probationary status, has
    violated the terms of the probation.
        (14) Abandonment of a patient.
        (15) Willfully filing false reports relating to a
    licensee's practice including, but not limited to, false
    records filed with a federal or State agency or department.
        (16) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
        (17) Providing respiratory care, other than pursuant
    to an order the prescription of a licensed physician.
        (18) Physical or mental disability including, but not
    limited to, deterioration through the aging process or loss
    of motor skills that results in the inability to practice
    the profession with reasonable judgment, skill, or safety.
        (19) Solicitation of professional services by using
    false or misleading advertising.
        (20) Failure to file a tax return, or to pay the tax,
    penalty, or interest shown in a filed return, or to pay any
    final assessment of tax penalty, or interest, as required
    by any tax Act administered by the Illinois Department of
    Revenue or any successor agency or the Internal Revenue
    Service or any successor agency.
        (21) Irregularities in billing a third party for
    services rendered or in reporting charges for services not
    rendered.
        (22) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (23) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that results in an inability to practice with reasonable
    skill, judgment, or safety.
        (24) Being named as a perpetrator in an indicated
    report by the Department on Aging under the Elder Abuse and
    Neglect Act, and upon proof by clear and convincing
    evidence that the licensee has caused an elderly person to
    be abused or neglected as defined in the Elder Abuse and
    Neglect Act.
        (25) Willfully failing to report an instance of
    suspected elder abuse or neglect as required by the Elder
    Abuse and Neglect Act.
    (b) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the recommendation of the Board to the
Director that the licensee be allowed to resume his or her
practice.
(Source: P.A. 90-655, eff. 7-30-98; 91-259, eff. 1-1-00.)
 
    (225 ILCS 106/55 rep.)
    Section 15. The Respiratory Care Practice Act is amended by
repealing Section 55.
 
    Section 99. Effective date. This Act takes effect January
1, 2006.