Bill Text: IL SB1402 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Respiratory Care Practice Act. In a Section concerning exemptions, provides that a person enrolled in a respiratory care education program shall be exempt from the Act if he or she meets certain conditions. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2010-05-28 - Rule 19(a) / Re-referred to Rules Committee [SB1402 Detail]
Download: Illinois-2009-SB1402-Engrossed.html
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| 1 | AN ACT concerning professional regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Respiratory Care Practice Act is amended by | ||||||
| 5 | changing Section 15 as follows:
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| 6 | (225 ILCS 106/15)
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| 7 | (Section scheduled to be repealed on January 1, 2016)
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| 8 | Sec. 15. Exemptions.
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| 9 | (a) This Act does not prohibit a person legally regulated | ||||||
| 10 | in this State by
any other Act from engaging in any practice | ||||||
| 11 | for which he or she is authorized.
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| 12 | (b) Nothing in this Act shall prohibit the practice of | ||||||
| 13 | respiratory care by a
person who is employed by the United | ||||||
| 14 | States government or any bureau, division,
or agency thereof
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| 15 | while in the discharge of the employee's official duties.
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| 16 | (c) Nothing in this Act shall be construed to limit the | ||||||
| 17 | activities and
services of a person enrolled in an approved | ||||||
| 18 | course of study leading to a
degree or certificate of registry | ||||||
| 19 | or certification eligibility in respiratory
care if these | ||||||
| 20 | activities and services constitute a part of a supervised | ||||||
| 21 | course
of study and if the person is designated by a title | ||||||
| 22 | which clearly indicates his
or her status as a student or | ||||||
| 23 | trainee. Status as a student or trainee shall
not exceed 3 | ||||||
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| 1 | years from the date of enrollment in an approved course.
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| 2 | (d) Nothing in this Act shall prohibit a person from | ||||||
| 3 | treating ailments by
spiritual means through prayer alone in | ||||||
| 4 | accordance with the tenets and
practices of a recognized church | ||||||
| 5 | or religious denomination.
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| 6 | (e) Nothing in this Act shall be construed to prevent a | ||||||
| 7 | person who is a
registered nurse, an advanced practice nurse, a | ||||||
| 8 | licensed
practical nurse, a physician assistant, or a physician | ||||||
| 9 | licensed to practice medicine in all its branches from | ||||||
| 10 | providing respiratory care.
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| 11 | (f) Nothing in this Act shall limit a person who is | ||||||
| 12 | credentialed by the
National Society for Cardiopulmonary | ||||||
| 13 | Technology or the National Board for
Respiratory Care from | ||||||
| 14 | performing pulmonary function tests and
respiratory care | ||||||
| 15 | procedures related to the pulmonary function test.
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| 16 | (g) Nothing in this Act shall prohibit the collection and | ||||||
| 17 | analysis of blood
by clinical laboratory personnel meeting the | ||||||
| 18 | personnel standards of the
Illinois Clinical Laboratory Act.
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| 19 | (h)
Nothing in this Act shall prohibit a polysomnographic | ||||||
| 20 | technologist, technician, or trainee, as defined in the job | ||||||
| 21 | descriptions jointly accepted by the American Academy of Sleep | ||||||
| 22 | Medicine, the Association of Polysomnographic Technologists, | ||||||
| 23 | the Board of Registered Polysomnographic Technologists, and | ||||||
| 24 | the American Society of Electroneurodiagnostic Technologists, | ||||||
| 25 | from performing activities within the scope of practice of | ||||||
| 26 | polysomnographic technology while under the direction of a | ||||||
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| 1 | physician licensed in this State.
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| 2 | (i)
Nothing in this Act shall prohibit a family member from | ||||||
| 3 | providing respiratory care services to an ill person.
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| 4 | (j) Nothing in this Act shall be construed to limit an | ||||||
| 5 | unlicensed practitioner in a licensed hospital who is working | ||||||
| 6 | under the proximate supervision of a licensed health care | ||||||
| 7 | professional or other authorized licensed personnel and | ||||||
| 8 | providing direct patient care services from performing basic | ||||||
| 9 | respiratory care activities if the unlicensed practitioner
(i) | ||||||
| 10 | has been trained to perform the basic respiratory care | ||||||
| 11 | activities at the facility that employs or contracts with the | ||||||
| 12 | individual and (ii) at a minimum, has annually received an | ||||||
| 13 | evaluation of the unlicensed practitioner's performance of | ||||||
| 14 | basic respiratory care activities documented by the facility.
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| 15 | (k) Nothing in this Act shall be construed to prohibit a | ||||||
| 16 | person enrolled in a respiratory care education program or an | ||||||
| 17 | approved course of study leading to a degree or certification | ||||||
| 18 | in a health care-related discipline that provides respiratory | ||||||
| 19 | care activities within his or her scope of practice and | ||||||
| 20 | employed in a licensed hospital in order to provide direct | ||||||
| 21 | patient care services under the direction of other authorized | ||||||
| 22 | licensed personnel from providing respiratory care activities.
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| 23 | (Source: P.A. 94-523, eff. 1-1-06.)
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| 24 | Section 99. Effective date. This Act takes effect upon | ||||||
| 25 | becoming law.
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