HB1294 Engrossed

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    AN ACT concerning professional regulation.

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


 
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    Section 5. The Respiratory Care Practice Act is amended  by 
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changing Section 15 as follows:
 



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    (225 ILCS 106/15)



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    (Section scheduled to be repealed on January 1, 2016)

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    Sec. 15. Exemptions. 

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    (a) This Act does not prohibit a person legally regulated 
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in this State by
any other Act from engaging in any practice 
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for which he or she is authorized.

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    (b) Nothing in this Act shall prohibit the practice of 
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respiratory care by a
person who is employed by the United 
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States government or any bureau, division,
or agency thereof

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while in the discharge of the employee's official duties.

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    (c) Nothing in this Act shall be construed to limit the 
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activities and
services of a person enrolled in an approved 
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course of study leading to a
degree or certificate of registry 
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or certification eligibility in respiratory
care if these 
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activities and services constitute a part of a supervised 
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course
of study and if the person is designated by a title 
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which clearly indicates his
or her status as a student or 
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trainee.  Status as a student or trainee shall
not exceed 3 
 


 






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years from the date of enrollment in an approved course.

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    (d) Nothing in this Act shall prohibit a person from 
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treating ailments by
spiritual means through prayer alone in 
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accordance with the tenets and
practices of a recognized church 
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or religious denomination.

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    (e) Nothing in this Act shall be construed to prevent a 
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person who is a
registered nurse, an advanced practice nurse, a 
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licensed
practical nurse, a physician assistant, or a physician 
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licensed to practice medicine in all its branches from 
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providing respiratory care.

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    (f) Nothing in this Act shall  limit a person who is 
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credentialed by the
National Society for Cardiopulmonary 
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Technology or the National Board for
Respiratory Care from 
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performing pulmonary function tests and
respiratory care 
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procedures related to the pulmonary function test.

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    (g) Nothing in this Act shall prohibit the collection and 
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analysis of blood
by clinical laboratory personnel meeting the 
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personnel standards of the
Illinois Clinical Laboratory Act.

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    (h)
Nothing in this Act shall prohibit a polysomnographic 
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technologist, technician, or trainee, as defined in the job 
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descriptions jointly accepted by the American Academy of Sleep 
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Medicine, the Association of Polysomnographic Technologists, 
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the Board of Registered Polysomnographic Technologists, and 
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the American Society of Electroneurodiagnostic Technologists, 
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from performing activities within the scope of practice of 
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polysomnographic technology while under the direction of a 
 


 






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physician licensed in this State.

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    (i)
Nothing in this Act shall prohibit a family member from 
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providing respiratory care services to an ill person.

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    (j) Nothing in this Act shall be construed to limit an 
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unlicensed practitioner in a licensed hospital who is working 
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under the proximate supervision of a licensed health care 
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professional or other authorized licensed personnel  and 
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providing direct patient care services from performing basic 
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respiratory care activities if the unlicensed practitioner
        (i) 
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has been trained to perform the basic respiratory care 
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activities at the facility that employs or contracts with the 
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individual and (ii) at a minimum, has annually received an 
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evaluation of the unlicensed practitioner's performance of 
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basic respiratory care activities documented by the facility.

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    (k) Nothing in this Act shall be construed to prohibit a 
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person enrolled in a respiratory care education program or an 
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approved course of study leading to a degree or certification 
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in a health care-related discipline that provides respiratory 
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care activities within his or her scope of practice and 
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employed in a licensed hospital in order to provide direct 
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patient care services under the direction of other authorized 
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licensed personnel  from providing respiratory care activities.

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(Source: P.A. 94-523, eff. 1-1-06.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.