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Public Act 91-0259
SB30 Enrolled LRB9100634ACsb
AN ACT concerning respiratory care practitioners.
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 Sections 15, 55, and 95 as follows:
(225 ILCS 106/15)
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 as long as he or
she does not represent himself or herself by the title of
respiratory care practitioner. This Act does not prohibit
the practice of nonregulated professions whose practitioners
are engaged in the delivery of respiratory care as long as
these practitioners do not represent themselves as or use the
title of a respiratory care practitioner.
(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 or a certified registered
nurse anesthetist or a licensed practical nurse 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 related respiratory
care procedures for which appropriate competencies have been
demonstrated.
(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 limit the activities of a
person who is not licensed under this Act from performing
respiratory care if he or she does not represent himself or
herself as a respiratory care practitioner.
(i) Nothing in this Act shall prohibit qualified members
of other professional groups, including but not limited to
nurses, from performing or advertising that he or she
performs the work of a respiratory care practitioner in a
manner consistent with his or her training, or any code of
ethics of his or her respective professions, but only if he
or she does not represent himself or herself by any title or
description as a respiratory care practitioner.
(j) This Act does not prohibit a hospital, nursing home,
long-term care facility, home health agency, health system or
network, or any other organization or institution that
provides health or illness care for individuals or
communities from providing respiratory care through
practitioners that the organization considers competent.
These entities shall not be required to utilize licensed
respiratory care practitioners to practice respiratory care
when providing respiratory care for their patients or
customers. Organizations providing respiratory care may
decide who is competent to deliver that respiratory care.
Nothing in this Act shall be construed to limit the ability
of an employer to utilize a respiratory care practitioner
within the employment setting consistent with the
individual's skill and training.
(Source: P.A. 89-33, eff. 1-1-96.)
(225 ILCS 106/55)
Sec. 55. Licensure required. Beginning 6 months after
January 1, 1996 the effective date of this Act, and except as
provided in Section 15 of this Act, no individual shall hold
himself or herself out as a respiratory care practitioner,
unless he or she is licensed under this Act. Individuals who
have been licensed respiratory care practitioners in any
jurisdiction and who are seeking to practice respiratory care
in this State must apply for licensure within 45 days after
beginning employment within the State.
(Source: P.A. 89-33, eff. 1-1-96.)
(225 ILCS 106/95)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department considers appropriate,
including the issuance of fines not to exceed $5,000 for each
violation, with regard to any license for any one or more of
the following:
(1) Material misstatement in furnishing information
to the Department or to any other State or federal
agency.
(2) Violations of this Act, or any of its rules.
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof that is a
felony or a misdemeanor, an essential element of which is
dishonesty, or of any crime that is directly related to
the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license.
(5) Professional incompetence or negligence in the
rendering of respiratory care services.
(6) Malpractice.
(7) Aiding or assisting another person in violating
any rules or provisions of this Act.
(8) Failing to provide information within 60 days
in response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Violating the rules of professional conduct
adopted by the Department.
(11) Discipline by another jurisdiction, if at
least one of the grounds for the discipline is the same
or substantially equivalent to those set forth in this
Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually
rendered.
(13) A finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of the probation.
(14) Abandonment of a patient.
(15) Willfully filing false reports relating to a
licensee's practice including, but not limited to, false
records filed with a federal or State agency or
department.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(17) Providing respiratory care, other than
pursuant to the prescription of a licensed physician.
(18) Physical or mental disability including, but
not limited to, deterioration through the aging process
or loss of motor skills that results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) Failure to file a tax return, or to pay the
tax, penalty, or interest shown in a filed return, or to
pay any final assessment of tax penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue or any successor agency or the
Internal Revenue Service or any successor agency.
(21) Irregularities in billing a third party for
services rendered or in reporting charges for services
not rendered.
(22) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(23) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an inability to practice
with reasonable skill, judgment, or safety.
(24) Being named as a perpetrator in an indicated
report by the Department on Aging under the Elder Abuse
and Neglect Act, and upon proof by clear and convincing
evidence that the licensee has caused an elderly person
to be abused or neglected as defined in the Elder Abuse
and Neglect Act.
(25) Willfully failing to report an instance of
suspected elder abuse or neglect as required by the Elder
Abuse and Neglect Act.
(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation
of the Board to the Director that the licensee be allowed to
resume his or her practice.
(Source: P.A. 89-33, eff. 1-1-96; 90-655, eff. 7-30-98.)
Section 10. The Elder Abuse and Neglect Act is amended
by changing Section 2 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse or neglect for the sole
reason that he or she is being furnished with or relies upon
treatment by spiritual means through prayer alone, in
accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-7) "Caregiver" means a person who either as a result
of a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(d) "Domestic living situation" means a residence where
the eligible adult lives alone or with his or her family or a
caregiver, or others, or a board and care home or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113
of the Nursing Home Care Act;
(2) A "life care facility" as defined in the Life
Care Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution,
the principal activity or business of which is the
diagnosis, care, and treatment of human illness through
the maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) A "community residential alternative" as
defined in the Community Residential Alternatives
Licensing Act; and
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or
is alleged to be, abused, neglected, or financially exploited
by another individual.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required
to be licensed under the Clinical Psychologist Licensing
Act, the Clinical Social Work and Social Work Practice
Act, the Illinois Dental Practice Act, the Dietetic and
Nutrition Services Practice Act, the Marriage and Family
Therapy Licensing Act, the Medical Practice Act of 1987,
the Naprapathic Practice Act, the Illinois Nursing and
Advanced Practice Nursing Act of 1987, the Nursing Home
Administrators Licensing and Disciplinary Act, the
Illinois Occupational Therapy Practice Act, the Illinois
Optometric Practice Act of 1987, the Pharmacy Practice
Act of 1987, the Illinois Physical Therapy Act, the
Physician Assistant Practice Act of 1987, the Podiatric
Medical Practice Act of 1987, the Respiratory Care
Practice Act, the Professional Counselor and Clinical
Professional Counselor Licensing Act, the Illinois
Speech-Language Pathology and Audiology Practice Act, the
Veterinary Medicine and Surgery Practice Act of 1994, and
the Illinois Public Accounting Act;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public
Aid, Department of Public Health, and Department of Human
Services, and any county or municipal health department;
(6) personnel of the Department of Human Services,
the Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care
Ombudsman;
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all
other persons having direct contact with eligible adults;
or
(9) a person who performs the duties of a coroner
or medical examiner.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or medical care. This
subsection does not create any new affirmative duty to
provide support to eligible adults. Nothing in this Act
shall be construed to mean that an eligible adult is a victim
of neglect because of health care services provided or not
provided by licensed health care professionals.
(h) "Provider agency" means any public or nonprofit
agency in a planning and service area appointed by the
regional administrative agency with prior approval by the
Department on Aging to receive and assess reports of alleged
or suspected abuse, neglect, or financial exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency
on Aging shall be designated the regional administrative
agency if it so requests. The Department shall assume the
functions of the regional administrative agency for any
planning and service area where another agency is not so
designated.
(j) "Substantiated case" means a reported case of
alleged or suspected abuse, neglect, or financial
exploitation in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)
Section 15. The Abused and Neglected Child Reporting Act
is amended by changing Section 4 as follows:
(325 ILCS 5/4) (from Ch. 23, par. 2054)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatrist, physician assistant, substance
abuse treatment personnel, Christian Science practitioner,
funeral home director or employee, coroner, medical examiner,
emergency medical technician, acupuncturist, crisis line or
hotline personnel, school personnel, educational advocate
assigned to a child pursuant to the School Code, truant
officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, respiratory care practitioner,
director or staff assistant of a nursery school or a child
day care center, recreational program or facility personnel,
law enforcement officer, registered psychologist and
assistants working under the direct supervision of a
psychologist, psychiatrist, or field personnel of the
Illinois Department of Public Aid, Public Health, Human
Services (acting as successor to the Department of Mental
Health and Developmental Disabilities, Rehabilitation
Services, or Public Aid), Corrections, Human Rights, or
Children and Family Services, supervisor and administrator of
general assistance under the Illinois Public Aid Code,
probation officer, or any other foster parent, homemaker or
child care worker having reasonable cause to believe a child
known to them in their professional or official capacity may
be an abused child or a neglected child shall immediately
report or cause a report to be made to the Department.
Whenever such person is required to report under this Act in
his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, he
shall make report immediately to the Department in accordance
with the provisions of this Act and may also notify the
person in charge of such institution, school, facility or
agency or his designated agent that such report has been
made. Under no circumstances shall any person in charge of
such institution, school, facility or agency, or his
designated agent to whom such notification has been made,
exercise any control, restraint, modification or other change
in the report or the forwarding of such report to the
Department. The privileged quality of communication between
any professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for
failure to report as required by this Act. In addition to
the above persons required to report suspected cases of
abused or neglected children, any other person may make a
report if such person has reasonable cause to believe a child
may be an abused child or a neglected child. Any person who
enters into employment on and after July 1, 1986 and is
mandated by virtue of that employment to report under this
Act, shall sign a statement on a form prescribed by the
Department, to the effect that the employee has knowledge and
understanding of the reporting requirements of this Act. The
statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of
the statement shall be borne by the employer. The Department
shall provide copies of this Act, upon request, to all
employers employing persons who shall be required under the
provisions of this Section to report under this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". Any person who violates this provision a second or
subsequent time shall be guilty of a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, shall be guilty of a Class A
misdemeanor.
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care
may be considered neglected or abused, but not for the sole
reason that his parent, guardian or custodian accepts and
practices such beliefs.
A child shall not be considered neglected or abused
solely because the child is not attending school in
accordance with the requirements of Article 26 of the School
Code, as amended.
(Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
89-706, eff. 1-31-97; 90-116, eff. 7-14-97.)
Section 99. Effective date. This Act takes effect
January 1, 2000.
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