Full Text of SB1949 102nd General Assembly
SB1949 102ND GENERAL ASSEMBLY |
| | 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 |
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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.
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| | A BILL FOR |
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| | | SB1949 | | LRB102 16589 CPF 21986 b |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Radiation Protection Act of 1990 is amended | 5 | | by 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| 7 | | (Section scheduled to be repealed on January 1, 2022)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 | 9 | | beings and
requirements for radiation installation operators | 10 | | providing mammography
services. | 11 | | (a) No person shall intentionally administer radiation to | 12 | | a human being
unless such person is licensed to practice a | 13 | | treatment of human ailments by
virtue of the Illinois Medical, | 14 | | Dental or Podiatric Medical Practice Acts,
or, as physician | 15 | | assistant, advanced practice registered nurse, technician, | 16 | | nurse,
or other assistant, is
acting under the
supervision, | 17 | | prescription or direction of such licensed person. However,
no | 18 | | such physician assistant, advanced practice registered nurse, | 19 | | technician,
nurse, or other assistant
acting under the | 20 | | supervision
of a person licensed under the Medical Practice | 21 | | Act of 1987, shall
administer radiation to human beings unless | 22 | | accredited by the Agency, except that persons enrolled in a | 23 | | course of education
approved by the Agency may apply ionizing |
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| 1 | | radiation
to human beings as required by their course of study | 2 | | when under the direct
supervision of a person licensed under | 3 | | the Medical Practice Act of 1987.
No person authorized by this | 4 | | Section to apply ionizing radiation shall apply
such radiation | 5 | | except to those parts of the human body specified in the Act
| 6 | | under which such person or his supervisor is licensed.
No | 7 | | person may operate a radiation installation where ionizing | 8 | | radiation is
administered to human beings unless all persons | 9 | | who administer ionizing
radiation in that radiation | 10 | | installation are licensed, accredited, or
exempted in | 11 | | accordance with this Section. Nothing in this Section shall be
| 12 | | deemed to relieve a person from complying with the provisions | 13 | | of Section 10.
| 14 | | (b) In addition, no person shall provide mammography | 15 | | services 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 |
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| 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 | 8 | | mammography
services are provided shall ensure and have | 9 | | confirmed by each mammography
patient that the patient is | 10 | | provided with a pamphlet which is orally reviewed
with the | 11 | | patient 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.
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| 1 | | (d) Notwithstanding any provision of this Section or any | 2 | | other law to the contrary, an advanced practice registered | 3 | | nurse licensed under the Nurse Practice Act may intentionally | 4 | | administer radiation to a human being through a fluoroscope | 5 | | without acting under the supervision, prescription, or | 6 | | direction 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; | 11 | | Limited scope
accreditation; Rules and regulations; Education. | 12 | | (a) The Agency shall promulgate such rules and regulations | 13 | | as are
necessary to establish accreditation standards and | 14 | | procedures, including a
minimum course of education and | 15 | | continuing education requirements in the
administration of | 16 | | radiation to human beings, which are appropriate to the
| 17 | | classification of accreditation and which are to be met by all | 18 | | physician
assistants, advanced practice registered nurses, | 19 | | nurses,
technicians, or other assistants who administer | 20 | | radiation to human beings
under the supervision of a person | 21 | | licensed under the Medical Practice Act
of 1987. Such rules | 22 | | and regulations may provide for different classes of
| 23 | | accreditation based on evidence of national certification, | 24 | | clinical
experience or community hardship as conditions of | 25 | | initial and continuing
accreditation. The rules and |
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| 1 | | regulations of the Agency shall be
consistent with national | 2 | | standards in regard to the protection of the
health and safety | 3 | | of the general public.
| 4 | | (b) The rules and regulations shall also provide that
| 5 | | persons who have been accredited by the Agency, in accordance | 6 | | with the
Radiation Protection Act, without passing an | 7 | | examination, will remain
accredited as provided in Section 43 | 8 | | of this Act and that those persons may
be accredited, without | 9 | | passing an examination, to use other equipment,
procedures, or | 10 | | supervision within the original category of accreditation if
| 11 | | the Agency receives written assurances from a person licensed | 12 | | under the
Medical Practice Act of 1987, that the person | 13 | | accredited has
the necessary
skill and qualifications for such | 14 | | additional equipment procedures or
supervision. The Agency | 15 | | shall, in accordance with subsection (c) of
this Section, | 16 | | provide for the accreditation of nurses, technicians, or
other | 17 | | assistants, unless exempted elsewhere in this Act, to perform | 18 | | a
limited scope of diagnostic radiography procedures of the | 19 | | chest, the
extremities, skull and sinuses, or the spine, while | 20 | | under the
supervision of a person licensed under the Medical | 21 | | Practice Act of 1987.
| 22 | | (c) The rules or regulations promulgated by the Agency | 23 | | pursuant to
subsection (a) shall establish standards and | 24 | | procedures for accrediting
persons to perform a limited scope | 25 | | of diagnostic radiography procedures.
The rules or regulations | 26 | | shall require persons seeking limited scope
accreditation to |
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| 1 | | register with the Agency as a "student-in-training,"
and | 2 | | declare those procedures in which the student will be | 3 | | receiving
training. The student-in-training registration shall | 4 | | be valid for a period
of 16 months, during which the time the | 5 | | student may, under the supervision
of a person licensed under | 6 | | the Medical Practice Act of 1987, perform the
diagnostic | 7 | | radiography procedures listed on the student's registration.
| 8 | | The student-in-training registration shall be nonrenewable.
| 9 | | Upon expiration of the 16 month training period, the | 10 | | student shall be
prohibited from performing diagnostic | 11 | | radiography procedures unless
accredited by the Agency to | 12 | | perform such procedures. In order to be
accredited to perform | 13 | | a limited scope of diagnostic radiography procedures,
an | 14 | | individual must pass an examination offered by the Agency. The
| 15 | | examination shall be consistent with national standards in | 16 | | regard to
protection of public health and safety. The | 17 | | examination shall consist of a
standardized component covering | 18 | | general principles applicable to diagnostic
radiography | 19 | | procedures and a clinical component specific to the types of
| 20 | | procedures for which accreditation is being sought. The Agency | 21 | | may
assess a reasonable fee for such examinations to cover the | 22 | | costs incurred
by the Agency in conjunction with offering the | 23 | | examinations.
| 24 | | (d) The Agency shall by rule or regulation exempt from | 25 | | accreditation
physician assistants, advanced practice | 26 | | registered nurses, nurses, technicians, or
other assistants |
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| 1 | | who
administer radiation to human
beings under supervision of | 2 | | a person licensed to practice under the Medical
Practice Act | 3 | | of 1987 when the services are performed on employees of a
| 4 | | business at a medical facility owned and operated by the | 5 | | business. Such
exemption shall only apply to the equipment, | 6 | | procedures and supervision
specific to the medical facility | 7 | | owned and operated by the business.
| 8 | | (e) Notwithstanding any provision of this Section to the | 9 | | contrary, the requirements of this Section shall not apply to | 10 | | an advanced practice registered nurse licensed under the Nurse | 11 | | Practice Act administering radiation to a human being through | 12 | | a fluoroscope pursuant to subsection (d) of Section 5 of this | 13 | | Act. | 14 | | (Source: P.A. 100-513, eff. 1-1-18 .)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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