Public Act 096-0456
 		





HB1294 Enrolled
LRB096 09703 ASK 19864 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 Respiratory Care Practice Act is amended  by 
changing Section 15 as follows:
 



    (225 ILCS 106/15)



    (Section scheduled to be repealed on January 1, 2016)

    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.

    (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, 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
respiratory care 
procedures related to the pulmonary function test.

    (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.

    (i)
Nothing in this Act shall prohibit a family member from 
providing respiratory care services to an ill person.

    (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.

    (k) Nothing in this Act shall be construed to prohibit a 
person enrolled in a respiratory care education program or 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. 94-523, eff. 1-1-06.)

 

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






Effective Date:  8/14/2009