102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1949

 

Introduced 2/26/2021, by Sen. Emil Jones, III

 

SYNOPSIS AS INTRODUCED:
 
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 Radiation Protection Act. In provisions regarding limitations on the application of radiation and accreditation of administrators of radiation, provides that, notwithstanding the provisions or any other law to the contrary, an advanced practice registered nurse licensed under the Nurse Practice Act may intentionally administer radiation to a human being through a fluoroscope without acting under the supervision, prescription, or direction of a licensed person described the provisions. Effective immediately.


LRB102 16589 CPF 21986 b

 

 

A BILL FOR

 

SB1949LRB102 16589 CPF 21986 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Radiation Protection Act of 1990 is amended
5by changing Sections 5 and 6 as follows:
 
6    (420 ILCS 40/5)  (from Ch. 111 1/2, par. 210-5)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 5. Limitations on application of radiation to human
9beings and requirements for radiation installation operators
10providing mammography services.
11    (a) No person shall intentionally administer radiation to
12a human being unless such person is licensed to practice a
13treatment of human ailments by virtue of the Illinois Medical,
14Dental or Podiatric Medical Practice Acts, or, as physician
15assistant, advanced practice registered nurse, technician,
16nurse, or other assistant, is acting under the supervision,
17prescription or direction of such licensed person. However, no
18such physician assistant, advanced practice registered nurse,
19technician, nurse, or other assistant acting under the
20supervision of a person licensed under the Medical Practice
21Act of 1987, shall administer radiation to human beings unless
22accredited by the Agency, except that persons enrolled in a
23course of education approved by the Agency may apply ionizing

 

 

SB1949- 2 -LRB102 16589 CPF 21986 b

1radiation to human beings as required by their course of study
2when under the direct supervision of a person licensed under
3the Medical Practice Act of 1987. No person authorized by this
4Section to apply ionizing radiation shall apply such radiation
5except to those parts of the human body specified in the Act
6under which such person or his supervisor is licensed. No
7person may operate a radiation installation where ionizing
8radiation is administered to human beings unless all persons
9who administer ionizing radiation in that radiation
10installation are licensed, accredited, or exempted in
11accordance with this Section. Nothing in this Section shall be
12deemed to relieve a person from complying with the provisions
13of Section 10.
14    (b) In addition, no person shall provide mammography
15services unless all of the following requirements are met:
16        (1) the mammography procedures are performed using a
17    radiation machine that is specifically designed for
18    mammography;
19        (2) the mammography procedures are performed using a
20    radiation machine that is used solely for performing
21    mammography procedures;
22        (3) the mammography procedures are performed using
23    equipment that has been subjected to a quality assurance
24    program that satisfies quality assurance requirements
25    which the Agency shall establish by rule;
26        (4) beginning one year after the effective date of

 

 

SB1949- 3 -LRB102 16589 CPF 21986 b

1    this amendatory Act of 1991, if the mammography procedure
2    is performed by a radiologic technologist, that
3    technologist, in addition to being accredited by the
4    Agency to perform radiography, has satisfied training
5    requirements specific to mammography, which the Agency
6    shall establish by rule.
7    (c) Every operator of a radiation installation at which
8mammography services are provided shall ensure and have
9confirmed by each mammography patient that the patient is
10provided with a pamphlet which is orally reviewed with the
11patient and which contains the following:
12        (1) how to perform breast self-examination;
13        (2) that early detection of breast cancer is maximized
14    through a combined approach, using monthly breast
15    self-examination, a thorough physical examination
16    performed by a physician, and mammography performed at
17    recommended intervals;
18        (3) that mammography is the most accurate method for
19    making an early detection of breast cancer, however, no
20    diagnostic tool is 100% effective;
21        (4) that if the patient is self-referred and does not
22    have a primary care physician, or if the patient is
23    unfamiliar with the breast examination procedures, that
24    the patient has received information regarding public
25    health services where she can obtain a breast examination
26    and instructions.

 

 

SB1949- 4 -LRB102 16589 CPF 21986 b

1    (d) Notwithstanding any provision of this Section or any
2other law to the contrary, an advanced practice registered
3nurse licensed under the Nurse Practice Act may intentionally
4administer radiation to a human being through a fluoroscope
5without acting under the supervision, prescription, or
6direction of a licensed person described in subsection (a).
7(Source: P.A. 100-513, eff. 1-1-18.)
 
8    (420 ILCS 40/6)  (from Ch. 111 1/2, par. 210-6)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 6. Accreditation of administrators of radiation;
11Limited scope accreditation; Rules and regulations; Education.
12    (a) The Agency shall promulgate such rules and regulations
13as are necessary to establish accreditation standards and
14procedures, including a minimum course of education and
15continuing education requirements in the administration of
16radiation to human beings, which are appropriate to the
17classification of accreditation and which are to be met by all
18physician assistants, advanced practice registered nurses,
19nurses, technicians, or other assistants who administer
20radiation to human beings under the supervision of a person
21licensed under the Medical Practice Act of 1987. Such rules
22and regulations may provide for different classes of
23accreditation based on evidence of national certification,
24clinical experience or community hardship as conditions of
25initial and continuing accreditation. The rules and

 

 

SB1949- 5 -LRB102 16589 CPF 21986 b

1regulations of the Agency shall be consistent with national
2standards in regard to the protection of the health and safety
3of the general public.
4    (b) The rules and regulations shall also provide that
5persons who have been accredited by the Agency, in accordance
6with the Radiation Protection Act, without passing an
7examination, will remain accredited as provided in Section 43
8of this Act and that those persons may be accredited, without
9passing an examination, to use other equipment, procedures, or
10supervision within the original category of accreditation if
11the Agency receives written assurances from a person licensed
12under the Medical Practice Act of 1987, that the person
13accredited has the necessary skill and qualifications for such
14additional equipment procedures or supervision. The Agency
15shall, in accordance with subsection (c) of this Section,
16provide for the accreditation of nurses, technicians, or other
17assistants, unless exempted elsewhere in this Act, to perform
18a limited scope of diagnostic radiography procedures of the
19chest, the extremities, skull and sinuses, or the spine, while
20under the supervision of a person licensed under the Medical
21Practice Act of 1987.
22    (c) The rules or regulations promulgated by the Agency
23pursuant to subsection (a) shall establish standards and
24procedures for accrediting persons to perform a limited scope
25of diagnostic radiography procedures. The rules or regulations
26shall require persons seeking limited scope accreditation to

 

 

SB1949- 6 -LRB102 16589 CPF 21986 b

1register with the Agency as a "student-in-training," and
2declare those procedures in which the student will be
3receiving training. The student-in-training registration shall
4be valid for a period of 16 months, during which the time the
5student may, under the supervision of a person licensed under
6the Medical Practice Act of 1987, perform the diagnostic
7radiography procedures listed on the student's registration.
8The student-in-training registration shall be nonrenewable.
9    Upon expiration of the 16 month training period, the
10student shall be prohibited from performing diagnostic
11radiography procedures unless accredited by the Agency to
12perform such procedures. In order to be accredited to perform
13a limited scope of diagnostic radiography procedures, an
14individual must pass an examination offered by the Agency. The
15examination shall be consistent with national standards in
16regard to protection of public health and safety. The
17examination shall consist of a standardized component covering
18general principles applicable to diagnostic radiography
19procedures and a clinical component specific to the types of
20procedures for which accreditation is being sought. The Agency
21may assess a reasonable fee for such examinations to cover the
22costs incurred by the Agency in conjunction with offering the
23examinations.
24    (d) The Agency shall by rule or regulation exempt from
25accreditation physician assistants, advanced practice
26registered nurses, nurses, technicians, or other assistants

 

 

SB1949- 7 -LRB102 16589 CPF 21986 b

1who administer radiation to human beings under supervision of
2a person licensed to practice under the Medical Practice Act
3of 1987 when the services are performed on employees of a
4business at a medical facility owned and operated by the
5business. Such exemption shall only apply to the equipment,
6procedures and supervision specific to the medical facility
7owned and operated by the business.
8    (e) Notwithstanding any provision of this Section to the
9contrary, the requirements of this Section shall not apply to
10an advanced practice registered nurse licensed under the Nurse
11Practice Act administering radiation to a human being through
12a fluoroscope pursuant to subsection (d) of Section 5 of this
13Act.
14(Source: P.A. 100-513, eff. 1-1-18.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.