Bill Text: IL SB3305 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Radiation Protection Act of 1990. Provides, with specified exceptions, that no person shall intentionally administer radiation to a human being with a fluoroscopic radiation machine unless that person is licensed to practice a treatment of human ailments under the Medical Practice Act of 1987, the Illinois Dental Practice Act, or the Podiatric Medical Practice Act of 1987.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3305 Detail]

Download: Illinois-2013-SB3305-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3305 Introduced 2/14/2014, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
420 ILCS 40/5 from Ch. 111 1/2, par. 210-5
Amends the Radiation Protection Act of 1990. Provides, with specified exceptions, that no person shall intentionally administer radiation to a human being with a fluoroscopic radiation machine unless that person is licensed to practice a treatment of human ailments under the Medical Practice Act of 1987, the Illinois Dental Practice Act, or the Podiatric Medical Practice Act of 1987.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Radiation Protection Act of 1990 is amended
by changing Section 5 as follows:
(420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5. Limitations on application of radiation to human
beings and requirements for radiation installation operators
providing mammography services.
(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 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 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

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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.
(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

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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
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) No person shall intentionally administer radiation to a
human being with a fluoroscopic radiation machine unless that

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person is licensed to practice a treatment of human ailments
under the Medical Practice Act of 1987, the Illinois Dental
Practice Act, or the Podiatric Medical Practice Act of 1987,
except:
(1) an accredited medical radiographer may operate a
fluoroscope for static functions when diagnostic
interpretation of the fluoroscopic image is not required by
the radiographer and only under the supervision of a
licensed practitioner;
(2) an accredited medical radiographer may operate a
fluoroscope as directed by, and under the direct
supervision of, a licensed practitioner who is physically
present and participating in the procedure;
(3) an accredited medical radiographer or radiation
therapist may operate a fluoroscope for radiation therapy
simulation procedures under the supervision of a licensed
practitioner; or
(4) an accredited radiologist assistant may operate a
fluoroscope under the supervision of a licensed
practitioner certified by the American Board of Radiology
or the American Osteopathic Board of Radiology.
Nothing in this subsection (d) shall be interpreted to
prohibit other individuals from positioning the patient or from
adjusting the fluoroscope under the direction of a physician or
podiatrist who is physically present, or to require more than
one person authorized under this Section to be present and

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participate in a fluoroscopic procedure.
(e) Any person who violates this Section is subject to
penalties in accordance with Section 39 of this Act.
(Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05.)