102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3196

 

Introduced 1/13/2022, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 85/6.33 new
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 Hospital Licensing Act. Provides that, notwithstanding any provision of the Act or the implementation of any rule of the Department of Public Health to the contrary, an advanced practice registered nurse licensed under the Nurse Practice Act practicing in a hospital, a hospital affiliate, or an ambulatory surgical treatment center may administer radiation to a human being through a fluoroscope pursuant to specified provisions of the Radiation Protection Act of 1990. Amends the Radiation Protection Act of 1990. Provides that an advanced practice registered nurse practicing in a hospital, a hospital affiliate, or an ambulatory surgical treatment center may intentionally administer radiation to a human being through a fluoroscope without acting under the supervision, prescription, or direction of specified licensed persons. Provides that provisions regarding accreditation of administrators of radiation do not apply to such advanced practiced registered nurses. Effective immediately.


LRB102 21391 CPF 30507 b

 

 

A BILL FOR

 

SB3196LRB102 21391 CPF 30507 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 Hospital Licensing Act is amended by adding
5Section 6.33 as follows:
 
6    (210 ILCS 85/6.33 new)
7    Sec. 6.33. Use of fluoroscopes. Notwithstanding any
8provision of this Act or the implementation of any rule of the
9Department to the contrary, an advanced practice registered
10nurse licensed under the Nurse Practice Act practicing in a
11hospital, a hospital affiliate, or an ambulatory surgical
12treatment center may administer radiation to a human being
13through a fluoroscope pursuant to subsection (d) of Section 5
14of the Radiation Protection Act of 1990.
 
15    Section 10. The Radiation Protection Act of 1990 is
16amended by changing Sections 5 and 6 as follows:
 
17    (420 ILCS 40/5)  (from Ch. 111 1/2, par. 210-5)
18    (Section scheduled to be repealed on January 1, 2027)
19    Sec. 5. Limitations on application of radiation to human
20beings and requirements for radiation installation operators
21providing mammography services.

 

 

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1    (a) No person shall intentionally administer radiation to
2a human being unless such person is licensed to practice a
3treatment of human ailments by virtue of the Illinois Medical,
4Dental or Podiatric Medical Practice Acts, or, as physician
5assistant, advanced practice registered nurse, technician,
6nurse, or other assistant, is acting under the supervision,
7prescription or direction of such licensed person. However, no
8such physician assistant, advanced practice registered nurse,
9technician, nurse, or other assistant acting under the
10supervision of a person licensed under the Medical Practice
11Act of 1987, shall administer radiation to human beings unless
12accredited by the Agency, except that persons enrolled in a
13course of education approved by the Agency may apply ionizing
14radiation to human beings as required by their course of study
15when under the direct supervision of a person licensed under
16the Medical Practice Act of 1987. No person authorized by this
17Section to apply ionizing radiation shall apply such radiation
18except to those parts of the human body specified in the Act
19under which such person or his supervisor is licensed. No
20person may operate a radiation installation where ionizing
21radiation is administered to human beings unless all persons
22who administer ionizing radiation in that radiation
23installation are licensed, accredited, or exempted in
24accordance with this Section. Nothing in this Section shall be
25deemed to relieve a person from complying with the provisions
26of Section 10.

 

 

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1    (b) In addition, no person shall provide mammography
2services unless all of the following requirements are met:
3        (1) the mammography procedures are performed using a
4    radiation machine that is specifically designed for
5    mammography;
6        (2) the mammography procedures are performed using a
7    radiation machine that is used solely for performing
8    mammography procedures;
9        (3) the mammography procedures are performed using
10    equipment that has been subjected to a quality assurance
11    program that satisfies quality assurance requirements
12    which the Agency shall establish by rule;
13        (4) beginning one year after the effective date of
14    this amendatory Act of 1991, if the mammography procedure
15    is performed by a radiologic technologist, that
16    technologist, in addition to being accredited by the
17    Agency to perform radiography, has satisfied training
18    requirements specific to mammography, which the Agency
19    shall establish by rule.
20    (c) Every operator of a radiation installation at which
21mammography services are provided shall ensure and have
22confirmed by each mammography patient that the patient is
23provided with a pamphlet which is orally reviewed with the
24patient and which contains the following:
25        (1) how to perform breast self-examination;
26        (2) that early detection of breast cancer is maximized

 

 

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1    through a combined approach, using monthly breast
2    self-examination, a thorough physical examination
3    performed by a physician, and mammography performed at
4    recommended intervals;
5        (3) that mammography is the most accurate method for
6    making an early detection of breast cancer, however, no
7    diagnostic tool is 100% effective;
8        (4) that if the patient is self-referred and does not
9    have a primary care physician, or if the patient is
10    unfamiliar with the breast examination procedures, that
11    the patient has received information regarding public
12    health services where she can obtain a breast examination
13    and instructions.
14    (d) Notwithstanding any provision of this Section, an
15advanced practice registered nurse licensed under the Nurse
16Practice Act practicing in a hospital, a hospital affiliate,
17or an ambulatory surgical treatment center may intentionally
18administer radiation to a human being through a fluoroscope
19without acting under the supervision, prescription, or
20direction of a licensed person described in subsection (a).
21(Source: P.A. 100-513, eff. 1-1-18.)
 
22    (420 ILCS 40/6)  (from Ch. 111 1/2, par. 210-6)
23    (Section scheduled to be repealed on January 1, 2027)
24    Sec. 6. Accreditation of administrators of radiation;
25Limited scope accreditation; Rules and regulations; Education.

 

 

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1    (a) The Agency shall promulgate such rules and regulations
2as are necessary to establish accreditation standards and
3procedures, including a minimum course of education and
4continuing education requirements in the administration of
5radiation to human beings, which are appropriate to the
6classification of accreditation and which are to be met by all
7physician assistants, advanced practice registered nurses,
8nurses, technicians, or other assistants who administer
9radiation to human beings under the supervision of a person
10licensed under the Medical Practice Act of 1987. Such rules
11and regulations may provide for different classes of
12accreditation based on evidence of national certification,
13clinical experience or community hardship as conditions of
14initial and continuing accreditation. The rules and
15regulations of the Agency shall be consistent with national
16standards in regard to the protection of the health and safety
17of the general public.
18    (b) The rules and regulations shall also provide that
19persons who have been accredited by the Agency, in accordance
20with the Radiation Protection Act, without passing an
21examination, will remain accredited as provided in Section 43
22of this Act and that those persons may be accredited, without
23passing an examination, to use other equipment, procedures, or
24supervision within the original category of accreditation if
25the Agency receives written assurances from a person licensed
26under the Medical Practice Act of 1987, that the person

 

 

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1accredited has the necessary skill and qualifications for such
2additional equipment procedures or supervision. The Agency
3shall, in accordance with subsection (c) of this Section,
4provide for the accreditation of nurses, technicians, or other
5assistants, unless exempted elsewhere in this Act, to perform
6a limited scope of diagnostic radiography procedures of the
7chest, the extremities, skull and sinuses, or the spine, while
8under the supervision of a person licensed under the Medical
9Practice Act of 1987.
10    (c) The rules or regulations promulgated by the Agency
11pursuant to subsection (a) shall establish standards and
12procedures for accrediting persons to perform a limited scope
13of diagnostic radiography procedures. The rules or regulations
14shall require persons seeking limited scope accreditation to
15register with the Agency as a "student-in-training," and
16declare those procedures in which the student will be
17receiving training. The student-in-training registration shall
18be valid for a period of 16 months, during which the time the
19student may, under the supervision of a person licensed under
20the Medical Practice Act of 1987, perform the diagnostic
21radiography procedures listed on the student's registration.
22The student-in-training registration shall be nonrenewable.
23    Upon expiration of the 16 month training period, the
24student shall be prohibited from performing diagnostic
25radiography procedures unless accredited by the Agency to
26perform such procedures. In order to be accredited to perform

 

 

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1a limited scope of diagnostic radiography procedures, an
2individual must pass an examination offered by the Agency. The
3examination shall be consistent with national standards in
4regard to protection of public health and safety. The
5examination shall consist of a standardized component covering
6general principles applicable to diagnostic radiography
7procedures and a clinical component specific to the types of
8procedures for which accreditation is being sought. The Agency
9may assess a reasonable fee for such examinations to cover the
10costs incurred by the Agency in conjunction with offering the
11examinations.
12    (d) The Agency shall by rule or regulation exempt from
13accreditation physician assistants, advanced practice
14registered nurses, nurses, technicians, or other assistants
15who administer radiation to human beings under supervision of
16a person licensed to practice under the Medical Practice Act
17of 1987 when the services are performed on employees of a
18business at a medical facility owned and operated by the
19business. Such exemption shall only apply to the equipment,
20procedures and supervision specific to the medical facility
21owned and operated by the business.
22    (e) Notwithstanding any provision of this Section to the
23contrary, the requirements of this Section shall not apply to
24an advanced practice registered nurse licensed under the Nurse
25Practice Act practicing in a hospital, a hospital affiliate,
26or an ambulatory surgical treatment center administering

 

 

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1radiation to a human being through a fluoroscope pursuant to
2subsection (d) of Section 5 of this Act.
3(Source: P.A. 100-513, eff. 1-1-18.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.