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    (Section scheduled to be repealed on January 1, 2016)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