Full Text of SB3305 98th General Assembly
SB3305 98TH GENERAL ASSEMBLY |
| | 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 |
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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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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Radiation Protection Act of 1990 is amended | 5 | | by changing Section 5 as follows:
| 6 | | (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
| 7 | | (Section scheduled to be repealed on January 1, 2021)
| 8 | | Sec. 5. Limitations on application of radiation to human | 9 | | beings and
requirements for radiation installation operators | 10 | | providing mammography
services. | 11 | | (a) No person shall intentionally administer radiation to a | 12 | | human being
unless such person is licensed to practice a | 13 | | treatment of human ailments by
virtue of the Illinois Medical, | 14 | | Dental or Podiatric Medical Practice Acts,
or, as physician | 15 | | assistant, advanced practice nurse, technician, nurse,
or | 16 | | other assistant, is
acting under the
supervision, prescription | 17 | | or direction of such licensed person. However,
no such | 18 | | physician assistant, advanced practice nurse, technician,
| 19 | | nurse, or other assistant
acting under the supervision
of a | 20 | | person licensed under the Medical Practice Act of 1987, shall
| 21 | | administer radiation to human beings unless accredited by the | 22 | | Agency, except that persons enrolled in a course of education
| 23 | | approved by the Agency may apply ionizing radiation
to human |
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| 1 | | beings as required by their course of study when under the | 2 | | direct
supervision of a person licensed under the Medical | 3 | | Practice Act of 1987.
No person authorized by this Section to | 4 | | apply ionizing radiation shall apply
such radiation except to | 5 | | those parts of the human body specified in the Act
under which | 6 | | such person or his supervisor is licensed.
No person may | 7 | | operate a radiation installation where ionizing radiation is
| 8 | | administered to human beings unless all persons who administer | 9 | | ionizing
radiation in that radiation installation are | 10 | | licensed, accredited, or
exempted in accordance with this | 11 | | Section. Nothing in this Section shall be
deemed to relieve a | 12 | | person from complying with the provisions of Section 10.
| 13 | | (b) In addition, no person shall provide mammography | 14 | | services unless
all of the following requirements are met:
| 15 | | (1) the mammography procedures are performed using a | 16 | | radiation machine
that is specifically designed for | 17 | | mammography;
| 18 | | (2) the mammography procedures are performed using a | 19 | | radiation machine
that is used solely for performing | 20 | | mammography procedures;
| 21 | | (3) the mammography procedures are performed using | 22 | | equipment that has
been subjected to a quality assurance | 23 | | program that satisfies quality
assurance requirements | 24 | | which the Agency shall establish by rule;
| 25 | | (4) beginning one year after the effective date of this | 26 | | amendatory Act
of 1991, if the mammography procedure is |
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| 1 | | performed by a radiologic
technologist, that technologist, | 2 | | in addition to being accredited by the
Agency to perform | 3 | | radiography, has satisfied training requirements
specific | 4 | | to mammography, which the Agency shall establish by rule.
| 5 | | (c) Every operator of a radiation installation at which | 6 | | mammography
services are provided shall ensure and have | 7 | | confirmed by each mammography
patient that the patient is | 8 | | provided with a pamphlet which is orally reviewed
with the | 9 | | patient and which contains the following:
| 10 | | (1) how to perform breast self-examination;
| 11 | | (2) that early detection of breast cancer is maximized | 12 | | through a combined
approach, using monthly breast | 13 | | self-examination, a thorough physical
examination | 14 | | performed by a physician, and mammography performed at | 15 | | recommended
intervals;
| 16 | | (3) that mammography is the most accurate method for | 17 | | making an early
detection of breast cancer, however, no | 18 | | diagnostic tool is 100% effective;
| 19 | | (4) that if the patient is self-referred and does not | 20 | | have a primary care
physician, or if the patient is | 21 | | unfamiliar with the breast examination
procedures, that | 22 | | the patient has received information regarding public | 23 | | health
services where she can obtain a breast examination | 24 | | and instructions.
| 25 | | (d) No person shall intentionally administer radiation to a | 26 | | human being with a fluoroscopic radiation machine unless that |
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| 1 | | person is licensed to practice a treatment of human ailments | 2 | | under the Medical Practice Act of 1987, the Illinois Dental | 3 | | Practice Act, or the Podiatric Medical Practice Act of 1987, | 4 | | except: | 5 | | (1) an accredited medical radiographer may operate a | 6 | | fluoroscope for static functions when diagnostic | 7 | | interpretation of the fluoroscopic image is not required by | 8 | | the radiographer and only under the supervision of a | 9 | | licensed practitioner; | 10 | | (2) an accredited medical radiographer may operate a | 11 | | fluoroscope as directed by, and under the direct | 12 | | supervision of, a licensed practitioner who is physically | 13 | | present and participating in the procedure; | 14 | | (3) an accredited medical radiographer or radiation | 15 | | therapist may operate a fluoroscope for radiation therapy | 16 | | simulation procedures under the supervision of a licensed | 17 | | practitioner; or | 18 | | (4) an accredited radiologist assistant may operate a | 19 | | fluoroscope under the supervision of a licensed | 20 | | practitioner certified by the American Board of Radiology | 21 | | or the American Osteopathic Board of Radiology. | 22 | | Nothing in this subsection (d) shall be interpreted to | 23 | | prohibit other individuals from positioning the patient or from | 24 | | adjusting the fluoroscope under the direction of a physician or | 25 | | podiatrist who is physically present, or to require more than | 26 | | one person authorized under this Section to be present and |
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| 1 | | participate in a fluoroscopic procedure. | 2 | | (e) Any person who violates this Section is subject to | 3 | | penalties in accordance with Section 39 of this Act. | 4 | | (Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05 .)
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