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91_HB0147eng
HB0147 Engrossed LRB9100635ACprA
1 AN ACT concerning respiratory care practitioners.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Respiratory Care Practice Act is amended
5 by changing Sections 15, 55, and 95 as follows:
6 (225 ILCS 106/15)
7 Sec. 15. Exemptions.
8 (a) This Act does not prohibit a person legally
9 regulated in this State by any other Act from engaging in any
10 practice for which he or she is authorized as long as he or
11 she does not represent himself or herself by the title of
12 respiratory care practitioner. This Act does not prohibit
13 the practice of nonregulated professions whose practitioners
14 are engaged in the delivery of respiratory care as long as
15 these practitioners do not represent themselves as or use the
16 title of a respiratory care practitioner.
17 (b) Nothing in this Act shall prohibit the practice of
18 respiratory care by a person who is employed by the United
19 States government or any bureau, division, or agency thereof
20 while in the discharge of the employee's official duties.
21 (c) Nothing in this Act shall be construed to limit the
22 activities and services of a person enrolled in an approved
23 course of study leading to a degree or certificate of
24 registry or certification eligibility in respiratory care if
25 these activities and services constitute a part of a
26 supervised course of study and if the person is designated by
27 a title which clearly indicates his or her status as a
28 student or trainee. Status as a student or trainee shall not
29 exceed 3 years from the date of enrollment in an approved
30 course.
31 (d) Nothing in this Act shall prohibit a person from
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1 treating ailments by spiritual means through prayer alone in
2 accordance with the tenets and practices of a recognized
3 church or religious denomination.
4 (e) Nothing in this Act shall be construed to prevent a
5 person who is a registered nurse or a certified registered
6 nurse anesthetist or a licensed practical nurse from
7 providing respiratory care.
8 (f) Nothing in this Act shall limit a person who is
9 credentialed by the National Society for Cardiopulmonary
10 Technology or the National Board for Respiratory Care from
11 performing pulmonary function tests and related respiratory
12 care procedures for which appropriate competencies have been
13 demonstrated.
14 (g) Nothing in this Act shall prohibit the collection
15 and analysis of blood by clinical laboratory personnel
16 meeting the personnel standards of the Illinois Clinical
17 Laboratory Act.
18 (h) Nothing in this Act shall limit the activities of a
19 person who is not licensed under this Act from performing
20 respiratory care if he or she does not represent himself or
21 herself as a respiratory care practitioner.
22 (i) Nothing in this Act shall prohibit qualified members
23 of other professional groups, including but not limited to
24 nurses, from performing or advertising that he or she
25 performs the work of a respiratory care practitioner in a
26 manner consistent with his or her training, or any code of
27 ethics of his or her respective professions, but only if he
28 or she does not represent himself or herself by any title or
29 description as a respiratory care practitioner.
30 (j) This Act does not prohibit a hospital, nursing home,
31 long-term care facility, home health agency, health system or
32 network, or any other organization or institution that
33 provides health or illness care for individuals or
34 communities from providing respiratory care through
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1 practitioners that the organization considers competent.
2 These entities shall not be required to utilize licensed
3 respiratory care practitioners to practice respiratory care
4 when providing respiratory care for their patients or
5 customers. Organizations providing respiratory care may
6 decide who is competent to deliver that respiratory care.
7 Nothing in this Act shall be construed to limit the ability
8 of an employer to utilize a respiratory care practitioner
9 within the employment setting consistent with the
10 individual's skill and training.
11 (Source: P.A. 89-33, eff. 1-1-96.)
12 (225 ILCS 106/55)
13 Sec. 55. Licensure required. Beginning 6 months after
14 January 1, 1996 the effective date of this Act, and except as
15 provided in Section 15 of this Act, no individual shall hold
16 himself or herself out as a respiratory care practitioner,
17 unless he or she is licensed under this Act. Individuals who
18 have been licensed respiratory care practitioners in any
19 jurisdiction and who are seeking to practice respiratory care
20 in this State must apply for licensure within 45 days after
21 beginning employment within the State.
22 (Source: P.A. 89-33, eff. 1-1-96.)
23 (225 ILCS 106/95)
24 Sec. 95. Grounds for discipline.
25 (a) The Department may refuse to issue, renew, or may
26 revoke, suspend, place on probation, reprimand, or take other
27 disciplinary action as the Department considers appropriate,
28 including the issuance of fines not to exceed $5,000 for each
29 violation, with regard to any license for any one or more of
30 the following:
31 (1) Material misstatement in furnishing information
32 to the Department or to any other State or federal
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1 agency.
2 (2) Violations of this Act, or any of its rules.
3 (3) Conviction of any crime under the laws of the
4 United States or any state or territory thereof that is a
5 felony or a misdemeanor, an essential element of which is
6 dishonesty, or of any crime that is directly related to
7 the practice of the profession.
8 (4) Making any misrepresentation for the purpose of
9 obtaining a license.
10 (5) Professional incompetence or negligence in the
11 rendering of respiratory care services.
12 (6) Malpractice.
13 (7) Aiding or assisting another person in violating
14 any rules or provisions of this Act.
15 (8) Failing to provide information within 60 days
16 in response to a written request made by the Department.
17 (9) Engaging in dishonorable, unethical, or
18 unprofessional conduct of a character likely to deceive,
19 defraud, or harm the public.
20 (10) Violating the rules of professional conduct
21 adopted by the Department.
22 (11) Discipline by another jurisdiction, if at
23 least one of the grounds for the discipline is the same
24 or substantially equivalent to those set forth in this
25 Act.
26 (12) Directly or indirectly giving to or receiving
27 from any person, firm, corporation, partnership, or
28 association any fee, commission, rebate, or other form of
29 compensation for any professional services not actually
30 rendered.
31 (13) A finding by the Department that the licensee,
32 after having the license placed on probationary status,
33 has violated the terms of the probation.
34 (14) Abandonment of a patient.
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1 (15) Willfully filing false reports relating to a
2 licensee's practice including, but not limited to, false
3 records filed with a federal or State agency or
4 department.
5 (16) Willfully failing to report an instance of
6 suspected child abuse or neglect as required by the
7 Abused and Neglected Child Reporting Act.
8 (17) Providing respiratory care, other than
9 pursuant to the prescription of a licensed physician.
10 (18) Physical or mental disability including, but
11 not limited to, deterioration through the aging process
12 or loss of motor skills that results in the inability to
13 practice the profession with reasonable judgment, skill,
14 or safety.
15 (19) Solicitation of professional services by using
16 false or misleading advertising.
17 (20) Failure to file a tax return, or to pay the
18 tax, penalty, or interest shown in a filed return, or to
19 pay any final assessment of tax penalty, or interest, as
20 required by any tax Act administered by the Illinois
21 Department of Revenue or any successor agency or the
22 Internal Revenue Service or any successor agency.
23 (21) Irregularities in billing a third party for
24 services rendered or in reporting charges for services
25 not rendered.
26 (22) Being named as a perpetrator in an indicated
27 report by the Department of Children and Family Services
28 under the Abused and Neglected Child Reporting Act, and
29 upon proof by clear and convincing evidence that the
30 licensee has caused a child to be an abused child or
31 neglected child as defined in the Abused and Neglected
32 Child Reporting Act.
33 (23) Habitual or excessive use or addiction to
34 alcohol, narcotics, stimulants, or any other chemical
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1 agent or drug that results in an inability to practice
2 with reasonable skill, judgment, or safety.
3 (24) Being named as a perpetrator in an indicated
4 report by the Department on Aging under the Elder Abuse
5 and Neglect Act, and upon proof by clear and convincing
6 evidence that the licensee has caused an elderly person
7 to be abused or neglected as defined in the Elder Abuse
8 and Neglect Act.
9 (25) Willfully failing to report an instance of
10 suspected elder abuse or neglect as required by the Elder
11 Abuse and Neglect Act.
12 (b) The determination by a court that a licensee is
13 subject to involuntary admission or judicial admission as
14 provided in the Mental Health and Developmental Disabilities
15 Code will result in an automatic suspension of his or her
16 license. The suspension will end upon a finding by a court
17 that the licensee is no longer subject to involuntary
18 admission or judicial admission, the issuance of an order so
19 finding and discharging the patient, and the recommendation
20 of the Board to the Director that the licensee be allowed to
21 resume his or her practice.
22 (Source: P.A. 89-33, eff. 1-1-96; 90-655, eff. 7-30-98.)
23 Section 10. The Elder Abuse and Neglect Act is amended
24 by changing Section 2 as follows:
25 (320 ILCS 20/2) (from Ch. 23, par. 6602)
26 Sec. 2. Definitions. As used in this Act, unless the
27 context requires otherwise:
28 (a) "Abuse" means causing any physical, mental or sexual
29 injury to an eligible adult, including exploitation of such
30 adult's financial resources.
31 Nothing in this Act shall be construed to mean that an
32 eligible adult is a victim of abuse or neglect for the sole
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1 reason that he or she is being furnished with or relies upon
2 treatment by spiritual means through prayer alone, in
3 accordance with the tenets and practices of a recognized
4 church or religious denomination.
5 Nothing in this Act shall be construed to mean that an
6 eligible adult is a victim of abuse because of health care
7 services provided or not provided by licensed health care
8 professionals.
9 (a-5) "Abuser" means a person who abuses, neglects, or
10 financially exploits an eligible adult.
11 (a-7) "Caregiver" means a person who either as a result
12 of a family relationship, voluntarily, or in exchange for
13 compensation has assumed responsibility for all or a portion
14 of the care of an eligible adult who needs assistance with
15 activities of daily living.
16 (b) "Department" means the Department on Aging of the
17 State of Illinois.
18 (c) "Director" means the Director of the Department.
19 (d) "Domestic living situation" means a residence where
20 the eligible adult lives alone or with his or her family or a
21 caregiver, or others, or a board and care home or other
22 community-based unlicensed facility, but is not:
23 (1) A licensed facility as defined in Section 1-113
24 of the Nursing Home Care Act;
25 (2) A "life care facility" as defined in the Life
26 Care Facilities Act;
27 (3) A home, institution, or other place operated by
28 the federal government or agency thereof or by the State
29 of Illinois;
30 (4) A hospital, sanitarium, or other institution,
31 the principal activity or business of which is the
32 diagnosis, care, and treatment of human illness through
33 the maintenance and operation of organized facilities
34 therefor, which is required to be licensed under the
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1 Hospital Licensing Act;
2 (5) A "community living facility" as defined in the
3 Community Living Facilities Licensing Act;
4 (6) A "community residential alternative" as
5 defined in the Community Residential Alternatives
6 Licensing Act; and
7 (7) A "community-integrated living arrangement" as
8 defined in the Community-Integrated Living Arrangements
9 Licensure and Certification Act.
10 (e) "Eligible adult" means a person 60 years of age or
11 older who resides in a domestic living situation and is, or
12 is alleged to be, abused, neglected, or financially exploited
13 by another individual.
14 (f) "Emergency" means a situation in which an eligible
15 adult is living in conditions presenting a risk of death or
16 physical, mental or sexual injury and the provider agency has
17 reason to believe the eligible adult is unable to consent to
18 services which would alleviate that risk.
19 (f-5) "Mandated reporter" means any of the following
20 persons while engaged in carrying out their professional
21 duties:
22 (1) a professional or professional's delegate while
23 engaged in: (i) social services, (ii) law enforcement,
24 (iii) education, (iv) the care of an eligible adult or
25 eligible adults, or (v) any of the occupations required
26 to be licensed under the Clinical Psychologist Licensing
27 Act, the Clinical Social Work and Social Work Practice
28 Act, the Illinois Dental Practice Act, the Dietetic and
29 Nutrition Services Practice Act, the Marriage and Family
30 Therapy Licensing Act, the Medical Practice Act of 1987,
31 the Naprapathic Practice Act, the Illinois Nursing and
32 Advanced Practice Nursing Act of 1987, the Nursing Home
33 Administrators Licensing and Disciplinary Act, the
34 Illinois Occupational Therapy Practice Act, the Illinois
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1 Optometric Practice Act of 1987, the Pharmacy Practice
2 Act of 1987, the Illinois Physical Therapy Act, the
3 Physician Assistant Practice Act of 1987, the Podiatric
4 Medical Practice Act of 1987, the Respiratory Care
5 Practice Act, the Professional Counselor and Clinical
6 Professional Counselor Licensing Act, the Illinois
7 Speech-Language Pathology and Audiology Practice Act, the
8 Veterinary Medicine and Surgery Practice Act of 1994, and
9 the Illinois Public Accounting Act;
10 (2) an employee of a vocational rehabilitation
11 facility prescribed or supervised by the Department of
12 Human Services;
13 (3) an administrator, employee, or person providing
14 services in or through an unlicensed community based
15 facility;
16 (4) a Christian Science Practitioner;
17 (5) field personnel of the Department of Public
18 Aid, Department of Public Health, and Department of Human
19 Services, and any county or municipal health department;
20 (6) personnel of the Department of Human Services,
21 the Guardianship and Advocacy Commission, the State Fire
22 Marshal, local fire departments, the Department on Aging
23 and its subsidiary Area Agencies on Aging and provider
24 agencies, and the Office of State Long Term Care
25 Ombudsman;
26 (7) any employee of the State of Illinois not
27 otherwise specified herein who is involved in providing
28 services to eligible adults, including professionals
29 providing medical or rehabilitation services and all
30 other persons having direct contact with eligible adults;
31 or
32 (9) a person who performs the duties of a coroner
33 or medical examiner.
34 (g) "Neglect" means another individual's failure to
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1 provide an eligible adult with or willful withholding from an
2 eligible adult the necessities of life including, but not
3 limited to, food, clothing, shelter or medical care. This
4 subsection does not create any new affirmative duty to
5 provide support to eligible adults. Nothing in this Act
6 shall be construed to mean that an eligible adult is a victim
7 of neglect because of health care services provided or not
8 provided by licensed health care professionals.
9 (h) "Provider agency" means any public or nonprofit
10 agency in a planning and service area appointed by the
11 regional administrative agency with prior approval by the
12 Department on Aging to receive and assess reports of alleged
13 or suspected abuse, neglect, or financial exploitation.
14 (i) "Regional administrative agency" means any public or
15 nonprofit agency in a planning and service area so designated
16 by the Department, provided that the designated Area Agency
17 on Aging shall be designated the regional administrative
18 agency if it so requests. The Department shall assume the
19 functions of the regional administrative agency for any
20 planning and service area where another agency is not so
21 designated.
22 (j) "Substantiated case" means a reported case of
23 alleged or suspected abuse, neglect, or financial
24 exploitation in which a provider agency, after assessment,
25 determines that there is reason to believe abuse, neglect, or
26 financial exploitation has occurred.
27 (Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)
28 Section 15. The Abused and Neglected Child Reporting Act
29 is amended by changing Section 4 as follows:
30 (325 ILCS 5/4) (from Ch. 23, par. 2054)
31 Sec. 4. Persons required to report; privileged
32 communications; transmitting false report. Any physician,
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1 resident, intern, hospital, hospital administrator and
2 personnel engaged in examination, care and treatment of
3 persons, surgeon, dentist, dentist hygienist, osteopath,
4 chiropractor, podiatrist, physician assistant, substance
5 abuse treatment personnel, Christian Science practitioner,
6 funeral home director or employee, coroner, medical examiner,
7 emergency medical technician, acupuncturist, crisis line or
8 hotline personnel, school personnel, educational advocate
9 assigned to a child pursuant to the School Code, truant
10 officers, social worker, social services administrator,
11 domestic violence program personnel, registered nurse,
12 licensed practical nurse, respiratory care practitioner,
13 director or staff assistant of a nursery school or a child
14 day care center, recreational program or facility personnel,
15 law enforcement officer, registered psychologist and
16 assistants working under the direct supervision of a
17 psychologist, psychiatrist, or field personnel of the
18 Illinois Department of Public Aid, Public Health, Human
19 Services (acting as successor to the Department of Mental
20 Health and Developmental Disabilities, Rehabilitation
21 Services, or Public Aid), Corrections, Human Rights, or
22 Children and Family Services, supervisor and administrator of
23 general assistance under the Illinois Public Aid Code,
24 probation officer, or any other foster parent, homemaker or
25 child care worker having reasonable cause to believe a child
26 known to them in their professional or official capacity may
27 be an abused child or a neglected child shall immediately
28 report or cause a report to be made to the Department.
29 Whenever such person is required to report under this Act in
30 his capacity as a member of the staff of a medical or other
31 public or private institution, school, facility or agency, he
32 shall make report immediately to the Department in accordance
33 with the provisions of this Act and may also notify the
34 person in charge of such institution, school, facility or
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1 agency or his designated agent that such report has been
2 made. Under no circumstances shall any person in charge of
3 such institution, school, facility or agency, or his
4 designated agent to whom such notification has been made,
5 exercise any control, restraint, modification or other change
6 in the report or the forwarding of such report to the
7 Department. The privileged quality of communication between
8 any professional person required to report and his patient or
9 client shall not apply to situations involving abused or
10 neglected children and shall not constitute grounds for
11 failure to report as required by this Act. In addition to
12 the above persons required to report suspected cases of
13 abused or neglected children, any other person may make a
14 report if such person has reasonable cause to believe a child
15 may be an abused child or a neglected child. Any person who
16 enters into employment on and after July 1, 1986 and is
17 mandated by virtue of that employment to report under this
18 Act, shall sign a statement on a form prescribed by the
19 Department, to the effect that the employee has knowledge and
20 understanding of the reporting requirements of this Act. The
21 statement shall be signed prior to commencement of the
22 employment. The signed statement shall be retained by the
23 employer. The cost of printing, distribution, and filing of
24 the statement shall be borne by the employer. The Department
25 shall provide copies of this Act, upon request, to all
26 employers employing persons who shall be required under the
27 provisions of this Section to report under this Act.
28 Any person who knowingly transmits a false report to the
29 Department commits the offense of disorderly conduct under
30 subsection (a)(7) of Section 26-1 of the "Criminal Code of
31 1961". Any person who violates this provision a second or
32 subsequent time shall be guilty of a Class 4 felony.
33 Any person who knowingly and willfully violates any
34 provision of this Section other than a second or subsequent
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1 violation of transmitting a false report as described in the
2 preceding paragraph, shall be guilty of a Class A
3 misdemeanor.
4 A child whose parent, guardian or custodian in good faith
5 selects and depends upon spiritual means through prayer
6 alone for the treatment or cure of disease or remedial care
7 may be considered neglected or abused, but not for the sole
8 reason that his parent, guardian or custodian accepts and
9 practices such beliefs.
10 A child shall not be considered neglected or abused
11 solely because the child is not attending school in
12 accordance with the requirements of Article 26 of the School
13 Code, as amended.
14 (Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
15 89-706, eff. 1-31-97; 90-116, eff. 7-14-97.)
16 Section 99. Effective date. This Act takes effect
17 January 1, 2000.
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