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 Acts repealed January 1, 2006.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Acts are repealed January 1, 2006: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 Act repealed on January 1, 2016.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Act is repealed on January 1, 2016: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    (Section scheduled to be repealed on January 1, 2006)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.



Effective Date:  1/1/2006