SB3305 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3305

 

Introduced 2/14/2014, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
420 ILCS 40/5  from Ch. 111 1/2, par. 210-5

    Amends the Radiation Protection Act of 1990. Provides, with specified exceptions, that no person shall intentionally administer radiation to a human being with a fluoroscopic radiation machine unless that person is licensed to practice a treatment of human ailments under the Medical Practice Act of 1987, the Illinois Dental Practice Act, or the Podiatric Medical Practice Act of 1987.


LRB098 19393 MGM 54550 b

 

 

A BILL FOR

 

SB3305LRB098 19393 MGM 54550 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 Section 5 as follows:
 
6    (420 ILCS 40/5)  (from Ch. 111 1/2, par. 210-5)
7    (Section scheduled to be repealed on January 1, 2021)
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 a
12human 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 nurse, technician, nurse, or
16other assistant, is acting under the supervision, prescription
17or direction of such licensed person. However, no such
18physician assistant, advanced practice nurse, technician,
19nurse, or other assistant acting under the supervision of a
20person licensed under the Medical Practice Act of 1987, shall
21administer radiation to human beings unless accredited by the
22Agency, except that persons enrolled in a course of education
23approved by the Agency may apply ionizing radiation to human

 

 

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1beings as required by their course of study when under the
2direct supervision of a person licensed under the Medical
3Practice Act of 1987. No person authorized by this Section to
4apply ionizing radiation shall apply such radiation except to
5those parts of the human body specified in the Act under which
6such person or his supervisor is licensed. No person may
7operate a radiation installation where ionizing radiation is
8administered to human beings unless all persons who administer
9ionizing radiation in that radiation installation are
10licensed, accredited, or exempted in accordance with this
11Section. Nothing in this Section shall be deemed to relieve a
12person from complying with the provisions of Section 10.
13    (b) In addition, no person shall provide mammography
14services unless all of the following requirements are met:
15        (1) the mammography procedures are performed using a
16    radiation machine that is specifically designed for
17    mammography;
18        (2) the mammography procedures are performed using a
19    radiation machine that is used solely for performing
20    mammography procedures;
21        (3) the mammography procedures are performed using
22    equipment that has been subjected to a quality assurance
23    program that satisfies quality assurance requirements
24    which the Agency shall establish by rule;
25        (4) beginning one year after the effective date of this
26    amendatory Act of 1991, if the mammography procedure is

 

 

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

 

 

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1person is licensed to practice a treatment of human ailments
2under the Medical Practice Act of 1987, the Illinois Dental
3Practice Act, or the Podiatric Medical Practice Act of 1987,
4except:
5        (1) an accredited medical radiographer may operate a
6    fluoroscope for static functions when diagnostic
7    interpretation of the fluoroscopic image is not required by
8    the radiographer and only under the supervision of a
9    licensed practitioner;
10        (2) an accredited medical radiographer may operate a
11    fluoroscope as directed by, and under the direct
12    supervision of, a licensed practitioner who is physically
13    present and participating in the procedure;
14        (3) an accredited medical radiographer or radiation
15    therapist may operate a fluoroscope for radiation therapy
16    simulation procedures under the supervision of a licensed
17    practitioner; or
18        (4) an accredited radiologist assistant may operate a
19    fluoroscope under the supervision of a licensed
20    practitioner certified by the American Board of Radiology
21    or the American Osteopathic Board of Radiology.
22    Nothing in this subsection (d) shall be interpreted to
23prohibit other individuals from positioning the patient or from
24adjusting the fluoroscope under the direction of a physician or
25podiatrist who is physically present, or to require more than
26one person authorized under this Section to be present and

 

 

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1participate in a fluoroscopic procedure.
2    (e) Any person who violates this Section is subject to
3penalties in accordance with Section 39 of this Act.
4(Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05.)