Bill Text: IL SB3196 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Hospital Licensing Act. Provides that, notwithstanding any provision of the Act or the implementation of any rule of the Department of Public Health to the contrary, an advanced practice registered nurse licensed under the Nurse Practice Act practicing in a hospital, a hospital affiliate, or an ambulatory surgical treatment center may administer radiation to a human being through a fluoroscope pursuant to specified provisions of the Radiation Protection Act of 1990. Amends the Radiation Protection Act of 1990. Provides that an advanced practice registered nurse practicing in a hospital, a hospital affiliate, or an ambulatory surgical treatment center may intentionally administer radiation to a human being through a fluoroscope without acting under the supervision, prescription, or direction of specified licensed persons. Provides that provisions regarding accreditation of administrators of radiation do not apply to such advanced practice registered nurses. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-10 - Rule 3-9(a) / Re-referred to Assignments [SB3196 Detail]

Download: Illinois-2021-SB3196-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3196 Introduced 1/13/2022, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
210 ILCS 85/6.33 new
420 ILCS 40/5 from Ch. 111 1/2, par. 210-5
420 ILCS 40/6 from Ch. 111 1/2, par. 210-6
Amends the Hospital Licensing Act. Provides that, notwithstanding any provision of the Act or the implementation of any rule of the Department of Public Health to the contrary, an advanced practice registered nurse licensed under the Nurse Practice Act practicing in a hospital, a hospital affiliate, or an ambulatory surgical treatment center may administer radiation to a human being through a fluoroscope pursuant to specified provisions of the Radiation Protection Act of 1990. Amends the Radiation Protection Act of 1990. Provides that an advanced practice registered nurse practicing in a hospital, a hospital affiliate, or an ambulatory surgical treatment center may intentionally administer radiation to a human being through a fluoroscope without acting under the supervision, prescription, or direction of specified licensed persons. Provides that provisions regarding accreditation of administrators of radiation do not apply to such advanced practiced registered nurses. Effective immediately.
LRB102 21391 CPF 30507 b
A BILL FOR
SB3196 LRB102 21391 CPF 30507 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hospital Licensing Act is amended by adding
Section 6.33 as follows:
(210 ILCS 85/6.33 new)
Sec. 6.33. Use of fluoroscopes. Notwithstanding any
provision of this Act or the implementation of any rule of the
Department to the contrary, an advanced practice registered
nurse licensed under the Nurse Practice Act practicing in a
hospital, a hospital affiliate, or an ambulatory surgical
treatment center may administer radiation to a human being
through a fluoroscope pursuant to subsection (d) of Section 5
of the Radiation Protection Act of 1990.
Section 10. The Radiation Protection Act of 1990 is
amended by changing Sections 5 and 6 as follows:
(420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5. Limitations on application of radiation to human
beings and requirements for radiation installation operators
providing mammography services.

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(a) No person shall intentionally administer radiation to
a human being unless such person is licensed to practice a
treatment of human ailments by virtue of the Illinois Medical,
Dental or Podiatric Medical Practice Acts, or, as physician
assistant, advanced practice registered nurse, technician,
nurse, or other assistant, is acting under the supervision,
prescription or direction of such licensed person. However, no
such physician assistant, advanced practice registered nurse,
technician, nurse, or other assistant acting under the
supervision of a person licensed under the Medical Practice
Act of 1987, shall administer radiation to human beings unless
accredited by the Agency, except that persons enrolled in a
course of education approved by the Agency may apply ionizing
radiation to human beings as required by their course of study
when under the direct supervision of a person licensed under
the Medical Practice Act of 1987. No person authorized by this
Section to apply ionizing radiation shall apply such radiation
except to those parts of the human body specified in the Act
under which such person or his supervisor is licensed. No
person may operate a radiation installation where ionizing
radiation is administered to human beings unless all persons
who administer ionizing radiation in that radiation
installation are licensed, accredited, or exempted in
accordance with this Section. Nothing in this Section shall be
deemed to relieve a person from complying with the provisions
of Section 10.

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(b) In addition, no person shall provide mammography
services unless all of the following requirements are met:
(1) the mammography procedures are performed using a
radiation machine that is specifically designed for
mammography;
(2) the mammography procedures are performed using a
radiation machine that is used solely for performing
mammography procedures;
(3) the mammography procedures are performed using
equipment that has been subjected to a quality assurance
program that satisfies quality assurance requirements
which the Agency shall establish by rule;
(4) beginning one year after the effective date of
this amendatory Act of 1991, if the mammography procedure
is performed by a radiologic technologist, that
technologist, in addition to being accredited by the
Agency to perform radiography, has satisfied training
requirements specific to mammography, which the Agency
shall establish by rule.
(c) Every operator of a radiation installation at which
mammography services are provided shall ensure and have
confirmed by each mammography patient that the patient is
provided with a pamphlet which is orally reviewed with the
patient and which contains the following:
(1) how to perform breast self-examination;
(2) that early detection of breast cancer is maximized

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through a combined approach, using monthly breast
self-examination, a thorough physical examination
performed by a physician, and mammography performed at
recommended intervals;
(3) that mammography is the most accurate method for
making an early detection of breast cancer, however, no
diagnostic tool is 100% effective;
(4) that if the patient is self-referred and does not
have a primary care physician, or if the patient is
unfamiliar with the breast examination procedures, that
the patient has received information regarding public
health services where she can obtain a breast examination
and instructions.
(d) Notwithstanding any provision of this Section, an
advanced practice registered nurse licensed under the Nurse
Practice Act practicing in a hospital, a hospital affiliate,
or an ambulatory surgical treatment center may intentionally
administer radiation to a human being through a fluoroscope
without acting under the supervision, prescription, or
direction of a licensed person described in subsection (a).
(Source: P.A. 100-513, eff. 1-1-18.)
(420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
(Section scheduled to be repealed on January 1, 2027)
Sec. 6. Accreditation of administrators of radiation;
Limited scope accreditation; Rules and regulations; Education.

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(a) The Agency shall promulgate such rules and regulations
as are necessary to establish accreditation standards and
procedures, including a minimum course of education and
continuing education requirements in the administration of
radiation to human beings, which are appropriate to the
classification of accreditation and which are to be met by all
physician assistants, advanced practice registered nurses,
nurses, technicians, or other assistants who administer
radiation to human beings under the supervision of a person
licensed under the Medical Practice Act of 1987. Such rules
and regulations may provide for different classes of
accreditation based on evidence of national certification,
clinical experience or community hardship as conditions of
initial and continuing accreditation. The rules and
regulations of the Agency shall be consistent with national
standards in regard to the protection of the health and safety
of the general public.
(b) The rules and regulations shall also provide that
persons who have been accredited by the Agency, in accordance
with the Radiation Protection Act, without passing an
examination, will remain accredited as provided in Section 43
of this Act and that those persons may be accredited, without
passing an examination, to use other equipment, procedures, or
supervision within the original category of accreditation if
the Agency receives written assurances from a person licensed
under the Medical Practice Act of 1987, that the person

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accredited has the necessary skill and qualifications for such
additional equipment procedures or supervision. The Agency
shall, in accordance with subsection (c) of this Section,
provide for the accreditation of nurses, technicians, or other
assistants, unless exempted elsewhere in this Act, to perform
a limited scope of diagnostic radiography procedures of the
chest, the extremities, skull and sinuses, or the spine, while
under the supervision of a person licensed under the Medical
Practice Act of 1987.
(c) The rules or regulations promulgated by the Agency
pursuant to subsection (a) shall establish standards and
procedures for accrediting persons to perform a limited scope
of diagnostic radiography procedures. The rules or regulations
shall require persons seeking limited scope accreditation to
register with the Agency as a "student-in-training," and
declare those procedures in which the student will be
receiving training. The student-in-training registration shall
be valid for a period of 16 months, during which the time the
student may, under the supervision of a person licensed under
the Medical Practice Act of 1987, perform the diagnostic
radiography procedures listed on the student's registration.
The student-in-training registration shall be nonrenewable.
Upon expiration of the 16 month training period, the
student shall be prohibited from performing diagnostic
radiography procedures unless accredited by the Agency to
perform such procedures. In order to be accredited to perform

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a limited scope of diagnostic radiography procedures, an
individual must pass an examination offered by the Agency. The
examination shall be consistent with national standards in
regard to protection of public health and safety. The
examination shall consist of a standardized component covering
general principles applicable to diagnostic radiography
procedures and a clinical component specific to the types of
procedures for which accreditation is being sought. The Agency
may assess a reasonable fee for such examinations to cover the
costs incurred by the Agency in conjunction with offering the
examinations.
(d) The Agency shall by rule or regulation exempt from
accreditation physician assistants, advanced practice
registered nurses, nurses, technicians, or other assistants
who administer radiation to human beings under supervision of
a person licensed to practice under the Medical Practice Act
of 1987 when the services are performed on employees of a
business at a medical facility owned and operated by the
business. Such exemption shall only apply to the equipment,
procedures and supervision specific to the medical facility
owned and operated by the business.
(e) Notwithstanding any provision of this Section to the
contrary, the requirements of this Section shall not apply to
an advanced practice registered nurse licensed under the Nurse
Practice Act practicing in a hospital, a hospital affiliate,
or an ambulatory surgical treatment center administering

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radiation to a human being through a fluoroscope pursuant to
subsection (d) of Section 5 of this Act.
(Source: P.A. 100-513, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.