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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1402
Introduced 2/11/2009, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED:
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Amends the Respiratory Care Practice Act. In a Section concerning exemptions, provides that a person enrolled in a respiratory care education program shall be exempt from the Act if he or she meets certain conditions. Effective immediately.
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A BILL FOR
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SB1402 |
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LRB096 08920 ASK 19057 b |
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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| (Section scheduled to be repealed on January 1, 2016)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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SB1402 |
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LRB096 08920 ASK 19057 b |
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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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SB1402 |
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LRB096 08920 ASK 19057 b |
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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.
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