Illinois General Assembly - Bill Status for SB0139
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 Bill Status of SB0139  102nd General Assembly


Short Description:  RESPIRATORY CARE LICENSE

Senate Sponsors
Sen. M. Maggie Crotty - Edward D. Maloney - Christine Radogno - Kathleen L. Wojcik, William R. Haine, Kimberly A. Lightford and Pamela J. Althoff

House Sponsors
(Rep. Angelo Saviano - Kurt M. Granberg)

Last Action
DateChamber Action
  8/10/2005SenatePublic Act . . . . . . . . . 94-0523

Statutes Amended In Order of Appearance
5 ILCS 80/4.16
5 ILCS 80/4.26 new
225 ILCS 106/10
225 ILCS 106/15
225 ILCS 106/20
225 ILCS 106/50
225 ILCS 106/55


Synopsis As Introduced
Amends the Regulatory Sunset Act to extend the repeal of the Respiratory Care Practice Act to January 1, 2016. Amends the Respiratory Care Practice Act. Replaces the definition of "respiratory care" and "cardiorespiratory care". Eliminates certain exemptions concerning the activities of unlicensed persons who do not represent themselves as respiratory care practitioners, qualified members of other professional groups, and organizations or institutions that provide respiratory care. Adds exemptions concerning (i) polysomnographic technologists, technicians, and trainees and (ii) family members providing respiratory care services. Provides that no person shall, without a valid license, (i) hold himself or herself out to the public as a respiratory care practitioner; (ii) use the title "respiratory care practitioner"; or (iii) perform the duties of a respiratory care practitioner, except as provided in the Section of the Act concerning exemptions. Provides that beginning 6 months after December 31, 2005, all individuals who provide satisfactory evidence to the Department of 3 years of experience in the practice of respiratory care during the 5 years immediately preceding December 31, 2005 shall be issued a license. Effective December 31, 2005.

Senate Committee Amendment No. 1
Deletes reference to:
225 ILCS 106/55
Adds reference to:
225 ILCS 106/35
225 ILCS 106/95
225 ILCS 106/55 rep.

Deletes everything after the enacting clause. Reinserts the contents of the bill with the following changes. Adds definitions of "advanced practice nurse", "order", and "licensed health care professional". Replaces references to "licensed physician" with "licensed health care professional" throughout the Act. Removes diagnostic services, diagnostic agents related to respiratory care services, respiratory care protocols, and clinical pathways from the definition of "respiratory care" and "cardiorespiratory care" and adds evaluation and assessment services to the definition. Provides that a respiratory care practitioner shall refer to a licensed health care professional any patient whose condition, at the time of evaluation or treatment, is determined to be beyond the scope of practice of the respiratory care practitioner. Provides that nothing in the Act shall be construed to prevent a person who is a registered nurse, an advanced practice nurse, a licensed practical nurse, a physician assistant, or a physician licensed to practice medicine in all its branches from providing respiratory care (now, provides that nothing in the Act shall be construed to prevent a person who is a registered nurse, a certified registered nurse anesthetist, or a licensed practical nurse from providing respiratory care). Provides that nothing in the Act shall prohibit other personnel of a licensed health care professional, in addition to polysomnographic technologists, technicians, and trainees, from performing activities within the scope of practice adopted by the American Academy of Sleep Medicine or within the scope of practice of the personnel, while under the direction of a licensed health care professional. Provides that the Department may issue a license authorizing the practice of respiratory care to an applicant who has successfully passed an examination authorized by the Department, within 5 years of making application (now, no time limit). Repeals a Section concerning the requirement of licensure. Makes other changes. Effective immediately.

Senate Floor Amendment No. 3
Deletes everything after the enacting clause. Amends the Regulatory Sunset Act to extend the repeal of the Respiratory Care Practice Act to January 1, 2016. Amends the Respiratory Care Practice Act. Replaces the definition of "respiratory care" and "cardiorespiratory care" and adds definitions for "advanced practice nurse", "basic respiratory care services", "licensed health care professional", "order", "other authorized licensed personnel", and "proximate supervision". Replaces references to "licensed physician" with "licensed health care professional" throughout the Act. Provides that a respiratory care practitioner shall refer to a licensed health care professional any patient whose condition, at the time of evaluation or treatment, is determined to be beyond the scope of practice of the respiratory care practitioner. Eliminates certain exemptions concerning the activities of unlicensed persons who do not represent themselves as respiratory care practitioners, qualified members of other professional groups, and organizations or institutions that provide respiratory care. Adds exemptions concerning (i) polysomnographic technologists, technicians, and trainees, (ii) family members providing respiratory care services, (iii) unlicensed practitioners working under the proximate supervision of a licensed health care professional or other authorized licensed personnel, and (iv) persons enrolled in an approved course of study leading to a degree or certification in a health care-related discipline that provides respiratory care activities within his or her scope of practice. Provides that no person shall, without a valid license, (i) hold himself or herself out to the public as a respiratory care practitioner; (ii) use the title "respiratory care practitioner"; or (iii) perform the duties of a respiratory care practitioner, except as provided in the Section of the Act concerning exemptions. Provides that beginning 6 months after December 31, 2005, all individuals who provide satisfactory evidence to the Department of 3 years of experience, with a minimum of 400 hours per year, in the practice of respiratory care during the 5 years immediately preceding December 31, 2005 shall be issued a license. Provides that a person may practice as a respiratory care practitioner if he or she has applied in writing to the Department for a license as a registered respiratory care practitioner and has complied with certain requirements except for the passing of an examination to be eligible to receive the license, until the Department has made the decision that the applicant has failed to pass the next available examination or has failed, without an approved excuse, to take the next available examination or until the withdrawal of the application, but not to exceed 6 months. Repeals a Section concerning the requirement of licensure. Makes other changes. Effective immediately.

House Committee Amendment No. 1
In the provision concerning the exemption from the Respiratory Care Practice Act of a person who is credentialed by the National Society for Cardiopulmonary Technology or the National Board for Respiratory Care who performs pulmonary function tests and respiratory care procedures related to the pulmonary function test, removes the requirement that appropriate competencies have been demonstrated regarding the tests. In the provision concerning the exemption from the Act of a supervised unlicensed practitioner in a licensed hospital, provides that the unlicensed practitioner must (i) have been trained to perform the basic respiratory care activities at the facility that employs or contracts with the individual and (ii) have annually received an evaluation of the unlicensed practitioner's performance of basic respiratory care activities documented by the facility. Removes the provision requiring the Respiratory Care Board to conduct a study and submit a report every 3 years on the effects of the Act on the access, quality, and cost of respiratory care services in the State. Provides that beginning 6 months after December 31, 2005, all individuals who provide satisfactory evidence to the Department of 3 years of experience, with a minimum of 400 hours per year, in the practice of respiratory care during the 5 years immediately preceding December 31, 2005 shall be issued a license, unless the license may be denied based on certain disciplinary grounds (rather than providing that beginning 6 months after December 31, 2005, all individuals who provide satisfactory evidence to the Department of 3 years of experience, with a minimum of 400 hours per year, in the practice of respiratory care during the 5 years immediately preceding December 31, 2005 shall be issued a license, without exception). Changes the effective date to January 1, 2006.

House Floor Amendment No. 2
Provides that "order" includes a written, oral, or telecommunicated authorization for respiratory care services for a patient by a certified registered nurse anesthetist in a licensed hospital or ambulatory surgical treatment center (rather than just in a licensed hospital). Provides that a person may practice as a respiratory care practitioner if he or she has applied in writing to the Department of Financial and Professional Regulation in form and substance satisfactory to the Department for a license as a licensed (rather than registered) respiratory care practitioner.

Actions 
DateChamber Action
  2/1/2005SenateFiled with Secretary by Sen. M. Maggie Crotty
  2/1/2005SenateFirst Reading
  2/1/2005SenateReferred to Rules
  2/3/2005SenateAdded as Chief Co-Sponsor Sen. Edward D. Maloney
  2/3/2005SenateAssigned to Licensed Activities
  2/23/2005SenateAdded as Chief Co-Sponsor Sen. Christine Radogno
  2/24/2005SenatePostponed - Licensed Activities
  3/9/2005SenateAdded as Co-Sponsor Sen. William R. Haine
  3/10/2005SenateHeld in Licensed Activities
  3/10/2005SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  3/15/2005SenateAdded as Chief Co-Sponsor Sen. Kathleen L. Wojcik
  3/15/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. M. Maggie Crotty
  3/15/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  3/16/2005SenateAdded as Co-Sponsor Sen. Pamela J. Althoff
  3/16/2005SenateSenate Committee Amendment No. 1 Rules Refers to Licensed Activities
  3/16/2005SenateSenate Committee Amendment No. 1 Adopted
  3/17/2005SenateDo Pass as Amended Licensed Activities; 009-000-000
  3/17/2005SenatePlaced on Calendar Order of 2nd Reading April 6, 2005
  4/11/2005SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. M. Maggie Crotty
  4/11/2005SenateSenate Floor Amendment No. 2 Referred to Rules
  4/11/2005SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. M. Maggie Crotty
  4/11/2005SenateSenate Floor Amendment No. 3 Referred to Rules
  4/11/2005SenateSenate Floor Amendment No. 2 Rules Refers to Licensed Activities
  4/11/2005SenateSenate Floor Amendment No. 3 Rules Refers to Licensed Activities
  4/12/2005SenateSenate Floor Amendment No. 2 Tabled in Licensed Activities
  4/12/2005SenateSenate Floor Amendment No. 3 Recommend Do Adopt Licensed Activities; 006-000-000
  4/13/2005SenateSecond Reading
  4/13/2005SenateSenate Floor Amendment No. 3 Adopted; Crotty
  4/13/2005SenatePlaced on Calendar Order of 3rd Reading April 14, 2005
  4/14/2005SenateThird Reading - Passed; 058-000-000
  4/14/2005HouseArrived in House
  4/14/2005HousePlaced on Calendar Order of First Reading
  4/15/2005HouseChief House Sponsor Rep. Angelo Saviano
  4/15/2005HouseFirst Reading
  4/15/2005HouseReferred to Rules Committee
  4/20/2005HouseAssigned to Registration and Regulation Committee
  4/27/2005HouseHouse Committee Amendment No. 1 Filed with Clerk by Registration and Regulation Committee
  4/27/2005HouseHouse Committee Amendment No. 1 Adopted in Registration and Regulation Committee; by Voice Vote
  4/27/2005HouseDo Pass as Amended / Short Debate Registration and Regulation Committee; 019-000-000
  4/28/2005HousePlaced on Calendar 2nd Reading - Short Debate
  5/4/2005HouseAdded Alternate Chief Co-Sponsor Rep. Kurt M. Granberg
  5/10/2005HouseSecond Reading - Short Debate
  5/10/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/11/2005HouseRecalled to Second Reading - Short Debate
  5/11/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  5/11/2005HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Angelo Saviano
  5/11/2005HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/16/2005HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-001-000
  5/18/2005HouseSecond Reading - Short Debate
  5/18/2005HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/18/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/19/2005HouseThird Reading - Short Debate - Passed 114-000-000
  5/19/2005SenateSecretary's Desk - Concurrence House Amendment(s) 01,02
  5/19/2005SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02-May 20, 2005.
  5/23/2005SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. M. Maggie Crotty
  5/23/2005SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  5/23/2005SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. M. Maggie Crotty
  5/23/2005SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Rules
  5/23/2005SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Licensed Activities
  5/23/2005SenateHouse Floor Amendment No. 2 Motion to Concur Rules Referred to Licensed Activities
  5/24/2005SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Licensed Activities; 005-000-000
  5/24/2005SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Licensed Activities; 005-000-000
  5/25/2005SenateHouse Committee Amendment No. 1 Senate Concurs 059-000-000
  5/25/2005SenateHouse Floor Amendment No. 2 Senate Concurs 059-000-000
  5/25/2005SenatePassed Both Houses
  6/23/2005SenateSent to the Governor
  8/10/2005SenateGovernor Approved
  8/10/2005SenateEffective Date January 1, 2006
  8/10/2005SenatePublic Act . . . . . . . . . 94-0523

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