SB3238 104TH GENERAL ASSEMBLY

LRB104 19284 AAS 32730 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3238

Introduced 2/2/2026, by Sen. Omar Aquino

SYNOPSIS AS INTRODUCED:

225 ILCS 65/65-46 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 Nurse Practice Act. Provides that an advanced practice registered nurse licensed under the Act may administer radiation to a human being and may supervise the administration of radiation by a person accredited to administer radiation to a human being by the Illinois Emergency Management Agency and Office of Homeland Security. Amends the Radiation Protection Act of 1990. In provisions concerning the limitations on the application of radiation to human beings, adds advanced practice registered nurses licensed under the Nurse Practice Act to the professionals who may intentionally administer radiation to a human being and to the professionals who may supervise a physician assistant, a technologist, a nurse, or other assistant administering radiation. Makes conforming changes in provisions concerning the accreditation of administrators of radiation.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nurse Practice Act is amended by adding Section 65-46 as follows:

(225 ILCS 65/65-46 new)

Sec. 65-46. Use of radiation. Notwithstanding any provision of this Act or the implementation of any rule of the Department to the contrary, and pursuant to Section 5 of the Radiation Protection Act of 1990, an advanced practice registered nurse licensed under this Act may administer radiation to a human being and may supervise the administration of radiation by a person accredited to administer radiation to a human being by the Illinois Emergency Management Agency and Office of Homeland Security.

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(Section scheduled to be repealed on January 1, 2027)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.

(a) No person shall intentionally administer radiation to a human being unless such person is licensed to practice treatment of human ailments by virtue of the Illinois Medical Practice Act of 1987, Illinois Dental Practice Act, or Podiatric Medical Practice Act of 1987, is an advanced practice registered nurse licensed under the Nurse Practice Act Acts, or, as physician assistant, advanced practice registered nurse, technologist, 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, technologist, nurse, or other assistant acting under the supervision of a person licensed under the Medical Practice Act of 1987 or an advanced practice registered nurse licensed under the Nurse Practice Act , 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.

(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 patient that the patient is provided with a printed or digital pamphlet that has been prepared in accordance with Section 2310-345 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, which is orally reviewed with the patient.

(Source: P.A. 103-1012, eff. 8-9-24.)

(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.

(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 or an advanced practice registered nurse licensed under the Nurse Practice Act. 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 of 1990, 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 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 or an advanced practice registered nurse licensed under the Nurse Practice Act.

(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 specify that an individual seeking accreditation for limited diagnostic radiography shall not apply ionizing radiation to human beings until the individual has passed an Agency-approved examination and is accredited by the Agency.

For an individual to be accredited to perform a limited scope of diagnostic radiography procedures, he or she must pass an examination approved 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 any costs incurred by the Agency in conjunction with 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 or an advanced practice registered nurse licensed under the Nurse Practice Act 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.

(Source: P.A. 103-155, eff. 1-1-24; 103-605, eff. 7-1-24.)