Illinois General Assembly - Full Text of HB3220
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Full Text of HB3220  93rd General Assembly

HB3220 93rd General Assembly


093_HB3220

 
                                     LRB093 06103 AMC 11346 b

 1        AN  ACT  concerning  physician  assistants  and  advanced
 2    practice nurses.

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

 5        Section 5.  The  Radiation  Protection  Act  of  1990  is
 6    amended by changing Sections 5 and 6 as follows:

 7        (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
 8        (Section scheduled to be repealed on January 1, 2011)
 9        Sec. 5.  Limitations on application of radiation to human
10    beings  and requirements for radiation installation operators
11    providing mammography services.
12        (a)  No person shall intentionally  administer  radiation
13    to a human being unless such person is licensed to practice a
14    treatment  of  human  ailments  by  virtue  of  the  Illinois
15    Medical,  Dental  or  Podiatric Medical Practice Acts, or, as
16    physician assistant,  advanced  practice  nurse,  technician,
17    nurse,  or  other assistant, is acting under the supervision,
18    prescription or direction of such licensed person.   However,
19    no   such   physician  assistant,  advanced  practice  nurse,
20    technician,  nurse,  or  other  assistant  acting  under  the
21    supervision of a person licensed under the  Medical  Practice
22    Act  of  1987,  shall  administer  radiation  to human beings
23    unless accredited by the Department of Nuclear Safety, except
24    that persons enrolled in a course of  education  approved  by
25    the Department of Nuclear Safety may apply ionizing radiation
26    to  human  beings  as  required by their course of study when
27    under the direct supervision of a person licensed  under  the
28    Medical  Practice  Act of 1987.  No person authorized by this
29    Section  to  apply  ionizing  radiation  shall   apply   such
30    radiation  except  to those parts of the human body specified
31    in the Act under which  such  person  or  his  supervisor  is
 
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 1    licensed.  No  person  may  operate  a radiation installation
 2    where ionizing radiation  is  administered  to  human  beings
 3    unless  all persons who administer ionizing radiation in that
 4    radiation installation are licensed, accredited, or  exempted
 5    in  accordance  with  this  Section.  Nothing in this Section
 6    shall be deemed to relieve a person from complying  with  the
 7    provisions of Section 10.
 8        (b)  In  addition,  no  person  shall provide mammography
 9    services unless all of the following requirements are met:
10             (1)  the mammography procedures are performed  using
11        a  radiation  machine  that  is specifically designed for
12        mammography;
13             (2)  the mammography procedures are performed  using
14        a  radiation  machine  that is used solely for performing
15        mammography procedures;
16             (3)  the mammography procedures are performed  using
17        equipment  that has been subjected to a quality assurance
18        program that  satisfies  quality  assurance  requirements
19        which the Department shall establish by rule;
20             (4)  beginning  one year after the effective date of
21        this amendatory Act of 1991, if the mammography procedure
22        is  performed  by   a   radiologic   technologist,   that
23        technologist,  in  addition  to  being  accredited by the
24        Department to perform radiography, has satisfied training
25        requirements   specific   to   mammography,   which   the
26        Department shall establish by rule.
27        (c)  Every operator of a radiation installation at  which
28    mammography  services  are  provided  shall  ensure  and have
29    confirmed by each mammography patient  that  the  patient  is
30    provided  with  a  pamphlet which is orally reviewed with the
31    patient and which contains the following:
32             (1)  how to perform breast self-examination;
33             (2)  that  early  detection  of  breast  cancer   is
34        maximized  through  a  combined  approach,  using monthly
 
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 1        breast self-examination, a thorough physical  examination
 2        performed  by  a  physician, and mammography performed at
 3        recommended intervals;
 4             (3)  that mammography is the  most  accurate  method
 5        for  making an early detection of breast cancer, however,
 6        no diagnostic tool is 100% effective;
 7             (4)  that if the patient is self-referred  and  does
 8        not  have  a primary care physician, or if the patient is
 9        unfamiliar with the breast examination  procedures,  that
10        the  patient  has  received  information regarding public
11        health services where she can obtain a breast examination
12        and instructions.
13    (Source: P.A. 89-187, eff. 7-19-95.)

14        (420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
15        (Section scheduled to be repealed on January 1, 2011)
16        Sec. 6.  Accreditation of  administrators  of  radiation;
17    Limited   scope   accreditation;   Rules   and   regulations;
18    Education.
19        (a)  The  Department  shall  promulgate  such  rules  and
20    regulations  as  are  necessary  to  establish  accreditation
21    standards  and  procedures,  including  a  minimum  course of
22    education  and  continuing  education  requirements  in   the
23    administration  of  radiation  to  human  beings,  which  are
24    appropriate  to the classification of accreditation and which
25    are to be met by all physician assistants, advanced  practice
26    nurses,   nurses,   technicians,   or  other  assistants  who
27    administer radiation to human beings under the supervision of
28    a person licensed under the Medical  Practice  Act  of  1987.
29    Such  rules and regulations may provide for different classes
30    of accreditation based on evidence of national certification,
31    clinical experience or community hardship  as  conditions  of
32    initial   and   continuing   accreditation.   The  rules  and
33    regulations  of  the  Department  shall  be  consistent  with
 
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 1    national standards in regard to the protection of the  health
 2    and safety of the general public.
 3        (b)  The  rules  and  regulations shall also provide that
 4    persons who  have  been  accredited  by  the  Department,  in
 5    accordance with the Radiation Protection Act, without passing
 6    an examination, will remain accredited as provided in Section
 7    43  of  this  Act  and  that those persons may be accredited,
 8    without passing  an  examination,  to  use  other  equipment,
 9    procedures,  or  supervision  within the original category of
10    accreditation if the Department receives  written  assurances
11    from  a  person  licensed  under  the Medical Practice Act of
12    1987, that the person accredited has the necessary skill  and
13    qualifications  for  such  additional equipment procedures or
14    supervision.   The  Department  shall,  in  accordance   with
15    subsection (c) of this Section, provide for the accreditation
16    of  nurses, technicians, or other assistants, unless exempted
17    elsewhere  in  this  Act,  to  perform  a  limited  scope  of
18    diagnostic  radiography  procedures   of   the   chest,   the
19    extremities, skull and sinuses, or the spine, while under the
20    supervision  of  a person licensed under the Medical Practice
21    Act of 1987.
22        (c)  The  rules  or  regulations   promulgated   by   the
23    Department   pursuant   to  subsection  (a)  shall  establish
24    standards and procedures for accrediting persons to perform a
25    limited scope of diagnostic radiography procedures. The rules
26    or regulations shall require persons  seeking  limited  scope
27    accreditation   to   register   with   the  Department  as  a
28    "student-in-training," and declare those procedures in  which
29    the    student    will    be    receiving    training.    The
30    student-in-training registration shall be valid for a  period
31    of  16  months,  during which the time the student may, under
32    the supervision  of  a  person  licensed  under  the  Medical
33    Practice  Act  of  1987,  perform  the diagnostic radiography
34    procedures  listed  on  the   student's   registration.   The
 
                            -5-      LRB093 06103 AMC 11346 b
 1    student-in-training registration shall be nonrenewable.
 2        Upon  expiration  of  the  16  month training period, the
 3    student  shall  be  prohibited  from  performing   diagnostic
 4    radiography procedures unless accredited by the Department to
 5    perform  such  procedures.   In  order  to  be  accredited to
 6    perform a limited scope of diagnostic radiography procedures,
 7    an  individual  must  pass  an  examination  offered  by  the
 8    Department.   The  examination  shall  be   consistent   with
 9    national  standards  in regard to protection of public health
10    and safety. The examination shall consist of  a  standardized
11    component   covering   general   principles   applicable   to
12    diagnostic  radiography  procedures  and a clinical component
13    specific to the types of procedures for  which  accreditation
14    is  being sought.  The Department may assess a reasonable fee
15    for such examinations to cover  the  costs  incurred  by  the
16    Department in conjunction with offering the examinations.
17        (d)  The  Department  shall  by rule or regulation exempt
18    from accreditation physician  assistants,  advanced  practice
19    nurses,   nurses,   technicians,   or  other  assistants  who
20    administer radiation to human beings under supervision  of  a
21    person licensed to practice under the Medical Practice Act of
22    1987  when  the  services  are  performed  on  employees of a
23    business at a medical facility  owned  and  operated  by  the
24    business.   Such exemption shall only apply to the equipment,
25    procedures and supervision specific to the  medical  facility
26    owned and operated by the business.
27    (Source: P.A. 90-14, eff. 7-1-97.)

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