State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

91_HB0147

 
                                              LRB9100635ACprA

 1        AN ACT concerning respiratory care practitioners.

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

 4        Section 5.  The Respiratory Care Practice Act is  amended
 5    by changing Sections 55 and 95 as follows:

 6        (225 ILCS 106/55)
 7        Sec.  55.  Licensure  required.  Beginning 6 months after
 8    January 1, 1996 the effective date of this Act, and except as
 9    provided in Section 15 of this Act, no individual shall  hold
10    himself  or  herself  out as a respiratory care practitioner,
11    unless he or she  is  licensed  under  this  Act.   Beginning
12    January  1, 2000, and except as provided in subsection (j) of
13    Section 15 of  this  Act,  all  individuals  credentialed  as
14    certified    respiratory   therapy   technicians,   certified
15    respiratory therapists, and registered respiratory therapists
16    by the National Board for Respiratory Care are required to be
17    licensed under this Act.
18    (Source: P.A. 89-33, eff. 1-1-96.)

19        (225 ILCS 106/95)
20        Sec. 95.  Grounds for discipline.
21        (a)  The Department may refuse to issue,  renew,  or  may
22    revoke, suspend, place on probation, reprimand, or take other
23    disciplinary  action as the Department considers appropriate,
24    including the issuance of fines not to exceed $5,000 for each
25    violation, with regard to any license for any one or more  of
26    the following:
27             (1)  Material misstatement in furnishing information
28        to  the  Department  or  to  any  other  State or federal
29        agency.
30             (2)  Violations of this Act, or any of its rules.
 
                            -2-               LRB9100635ACprA
 1             (3)  Conviction of any crime under the laws  of  the
 2        United States or any state or territory thereof that is a
 3        felony or a misdemeanor, an essential element of which is
 4        dishonesty,  or  of any crime that is directly related to
 5        the practice of the profession.
 6             (4)  Making any misrepresentation for the purpose of
 7        obtaining a license.
 8             (5)  Professional incompetence or negligence in  the
 9        rendering of respiratory care services.
10             (6)  Malpractice.
11             (7)  Aiding or assisting another person in violating
12        any rules or provisions of this Act.
13             (8)  Failing  to  provide information within 60 days
14        in response to a written request made by the Department.
15             (9)  Engaging   in   dishonorable,   unethical,   or
16        unprofessional conduct of a character likely to  deceive,
17        defraud, or harm the public.
18             (10)  Violating  the  rules  of professional conduct
19        adopted by the Department.
20             (11)  Discipline  by  another  jurisdiction,  if  at
21        least one of the grounds for the discipline is  the  same
22        or  substantially  equivalent  to those set forth in this
23        Act.
24             (12)  Directly or indirectly giving to or  receiving
25        from  any  person,  firm,  corporation,  partnership,  or
26        association any fee, commission, rebate, or other form of
27        compensation  for  any professional services not actually
28        rendered.
29             (13)  A finding by the Department that the licensee,
30        after having the license placed on  probationary  status,
31        has violated the terms of the probation.
32             (14)  Abandonment of a patient.
33             (15)  Willfully  filing  false reports relating to a
34        licensee's practice including, but not limited to,  false
 
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 1        records   filed   with  a  federal  or  State  agency  or
 2        department.
 3             (16)  Willfully failing to  report  an  instance  of
 4        suspected  child  abuse  or  neglect  as  required by the
 5        Abused and Neglected Child Reporting Act.
 6             (17)  Providing   respiratory   care,   other   than
 7        pursuant to the prescription of a licensed physician.
 8             (18)  Physical or mental disability  including,  but
 9        not  limited  to, deterioration through the aging process
10        or loss of motor skills that results in the inability  to
11        practice  the profession with reasonable judgment, skill,
12        or safety.
13             (19)  Solicitation of professional services by using
14        false or misleading advertising.
15             (20)  Failure to file a tax return, or  to  pay  the
16        tax,  penalty, or interest shown in a filed return, or to
17        pay any final assessment of tax penalty, or interest,  as
18        required  by  any  tax  Act  administered by the Illinois
19        Department of Revenue or  any  successor  agency  or  the
20        Internal Revenue Service or any successor agency.
21             (21)  Irregularities  in  billing  a third party for
22        services rendered or in reporting  charges  for  services
23        not rendered.
24             (22)  Being  named  as a perpetrator in an indicated
25        report by the Department of Children and Family  Services
26        under  the  Abused and Neglected Child Reporting Act, and
27        upon proof by clear  and  convincing  evidence  that  the
28        licensee  has  caused  a  child  to be an abused child or
29        neglected child as defined in the  Abused  and  Neglected
30        Child Reporting Act.
31             (23)  Habitual  or  excessive  use  or  addiction to
32        alcohol, narcotics, stimulants,  or  any  other  chemical
33        agent  or  drug  that results in an inability to practice
34        with reasonable skill, judgment, or safety.
 
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 1             (24)  Being named as a perpetrator in  an  indicated
 2        report  by  the Department on Aging under the Elder Abuse
 3        and Neglect Act, and upon proof by clear  and  convincing
 4        evidence  that  the licensee has caused an elderly person
 5        to be abused or neglected as defined in the  Elder  Abuse
 6        and Neglect Act.
 7             (25)  Willfully  failing  to  report  an instance of
 8        suspected elder abuse or neglect as required by the Elder
 9        Abuse and Neglect Act.
10        (b)  The determination by a  court  that  a  licensee  is
11    subject  to  involuntary  admission  or judicial admission as
12    provided in the Mental Health and Developmental  Disabilities
13    Code  will  result  in  an automatic suspension of his or her
14    license.  The suspension will end upon a finding by  a  court
15    that  the  licensee  is  no  longer  subject  to  involuntary
16    admission  or judicial admission, the issuance of an order so
17    finding and discharging the patient, and  the  recommendation
18    of  the Board to the Director that the licensee be allowed to
19    resume his or her practice.
20    (Source: P.A. 89-33, eff. 1-1-96; 90-655, eff. 7-30-98.)

21        Section 10.  The Elder Abuse and Neglect Act  is  amended
22    by changing Section 2 as follows:

23        (320 ILCS 20/2) (from Ch. 23, par. 6602)
24        Sec.  2.   Definitions.   As used in this Act, unless the
25    context requires otherwise:
26        (a)  "Abuse" means causing any physical, mental or sexual
27    injury to an eligible adult, including exploitation  of  such
28    adult's financial resources.
29        Nothing  in  this  Act shall be construed to mean that an
30    eligible adult is a victim of abuse or neglect for  the  sole
31    reason  that he or she is being furnished with or relies upon
32    treatment  by  spiritual  means  through  prayer  alone,   in
 
                            -5-               LRB9100635ACprA
 1    accordance  with  the  tenets  and  practices of a recognized
 2    church or religious denomination.
 3        Nothing in this Act shall be construed to  mean  that  an
 4    eligible  adult  is  a victim of abuse because of health care
 5    services provided or not provided  by  licensed  health  care
 6    professionals.
 7        (a-5)  "Abuser"  means  a person who abuses, neglects, or
 8    financially exploits an eligible adult.
 9        (a-7)  "Caregiver" means a person who either as a  result
10    of  a  family  relationship,  voluntarily, or in exchange for
11    compensation has assumed responsibility for all or a  portion
12    of  the  care  of an eligible adult who needs assistance with
13    activities of daily living.
14        (b)  "Department" means the Department on  Aging  of  the
15    State of Illinois.
16        (c)  "Director" means the Director of the Department.
17        (d)  "Domestic  living situation" means a residence where
18    the eligible adult lives alone or with his or her family or a
19    caregiver, or others, or a  board  and  care  home  or  other
20    community-based unlicensed facility, but is not:
21             (1)  A licensed facility as defined in Section 1-113
22        of the Nursing Home Care Act;
23             (2)  A  "life  care facility" as defined in the Life
24        Care Facilities Act;
25             (3)  A home, institution, or other place operated by
26        the federal government or agency thereof or by the  State
27        of Illinois;
28             (4)  A  hospital,  sanitarium, or other institution,
29        the principal  activity  or  business  of  which  is  the
30        diagnosis,  care,  and treatment of human illness through
31        the maintenance and  operation  of  organized  facilities
32        therefor,  which  is  required  to  be licensed under the
33        Hospital Licensing Act;
34             (5)  A "community living facility" as defined in the
 
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 1        Community Living Facilities Licensing Act;
 2             (6)  A  "community   residential   alternative"   as
 3        defined   in   the   Community  Residential  Alternatives
 4        Licensing Act; and
 5             (7)  A "community-integrated living arrangement"  as
 6        defined  in  the Community-Integrated Living Arrangements
 7        Licensure and Certification Act.
 8        (e)  "Eligible adult" means a person 60 years of  age  or
 9    older  who  resides in a domestic living situation and is, or
10    is alleged to be, abused, neglected, or financially exploited
11    by another individual.
12        (f)  "Emergency" means a situation in which  an  eligible
13    adult  is  living in conditions presenting a risk of death or
14    physical, mental or sexual injury and the provider agency has
15    reason to believe the eligible adult is unable to consent  to
16    services which would alleviate that risk.
17        (f-5)  "Mandated  reporter"  means  any  of the following
18    persons while engaged  in  carrying  out  their  professional
19    duties:
20             (1)  a professional or professional's delegate while
21        engaged  in:  (i)  social services, (ii) law enforcement,
22        (iii) education, (iv) the care of an  eligible  adult  or
23        eligible  adults,  or (v) any of the occupations required
24        to be licensed under the Clinical Psychologist  Licensing
25        Act,  the  Clinical  Social Work and Social Work Practice
26        Act, the Illinois Dental Practice Act, the  Dietetic  and
27        Nutrition  Services Practice Act, the Marriage and Family
28        Therapy Licensing Act, the Medical Practice Act of  1987,
29        the  Naprapathic  Practice  Act, the Illinois Nursing and
30        Advanced Practice Nursing Act of 1987, the  Nursing  Home
31        Administrators  Licensing  and    Disciplinary  Act,  the
32        Illinois  Occupational Therapy Practice Act, the Illinois
33        Optometric Practice Act of 1987,  the  Pharmacy  Practice
34        Act  of  1987,  the  Illinois  Physical  Therapy Act, the
 
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 1        Physician Assistant Practice Act of 1987,  the  Podiatric
 2        Medical  Practice  Act  of  1987,  the  Respiratory  Care
 3        Practice  Act,  the  Professional  Counselor and Clinical
 4        Professional  Counselor  Licensing  Act,   the   Illinois
 5        Speech-Language Pathology and Audiology Practice Act, the
 6        Veterinary Medicine and Surgery Practice Act of 1994, and
 7        the Illinois Public Accounting Act;
 8             (2)  an  employee  of  a  vocational  rehabilitation
 9        facility  prescribed  or  supervised by the Department of
10        Human Services;
11             (3)  an administrator, employee, or person providing
12        services in or  through  an  unlicensed  community  based
13        facility;
14             (4)  a Christian Science Practitioner;
15             (5)  field  personnel  of  the  Department of Public
16        Aid, Department of Public Health, and Department of Human
17        Services, and any county or municipal health department;
18             (6)  personnel of the Department of Human  Services,
19        the  Guardianship and Advocacy Commission, the State Fire
20        Marshal, local fire departments, the Department on  Aging
21        and  its  subsidiary  Area Agencies on Aging and provider
22        agencies,  and  the  Office  of  State  Long  Term   Care
23        Ombudsman;
24             (7)  any  employee  of  the  State  of  Illinois not
25        otherwise specified herein who is involved  in  providing
26        services  to  eligible  adults,  including  professionals
27        providing  medical  or  rehabilitation  services  and all
28        other persons having direct contact with eligible adults;
29        or
30             (9)  a person who performs the duties of  a  coroner
31        or medical examiner.
32        (g)  "Neglect"  means  another  individual's  failure  to
33    provide an eligible adult with or willful withholding from an
34    eligible  adult  the  necessities  of life including, but not
 
                            -8-               LRB9100635ACprA
 1    limited to, food, clothing, shelter  or  medical  care.  This
 2    subsection  does  not  create  any  new  affirmative  duty to
 3    provide support to eligible  adults.   Nothing  in  this  Act
 4    shall be construed to mean that an eligible adult is a victim
 5    of  neglect  because  of health care services provided or not
 6    provided by licensed health care professionals.
 7        (h)  "Provider agency"  means  any  public  or  nonprofit
 8    agency  in  a  planning  and  service  area  appointed by the
 9    regional administrative agency with  prior  approval  by  the
10    Department  on Aging to receive and assess reports of alleged
11    or suspected abuse, neglect, or financial exploitation.
12        (i)  "Regional administrative agency" means any public or
13    nonprofit agency in a planning and service area so designated
14    by the Department, provided that the designated  Area  Agency
15    on  Aging  shall  be  designated  the regional administrative
16    agency if it so requests. The  Department  shall  assume  the
17    functions  of  the  regional  administrative  agency  for any
18    planning and service area where  another  agency  is  not  so
19    designated.
20        (j)  "Substantiated   case"  means  a  reported  case  of
21    alleged   or   suspected   abuse,   neglect,   or   financial
22    exploitation in which a provider  agency,  after  assessment,
23    determines that there is reason to believe abuse, neglect, or
24    financial exploitation has occurred.
25    (Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)

26        Section 15.  The Abused and Neglected Child Reporting Act
27    is amended by changing Section 4 as follows:

28        (325 ILCS 5/4) (from Ch. 23, par. 2054)
29        Sec.   4.    Persons   required   to  report;  privileged
30    communications; transmitting false  report.   Any  physician,
31    resident,   intern,   hospital,  hospital  administrator  and
32    personnel engaged  in  examination,  care  and  treatment  of
 
                            -9-               LRB9100635ACprA
 1    persons,  surgeon,  dentist,  dentist  hygienist,  osteopath,
 2    chiropractor,   podiatrist,  physician  assistant,  substance
 3    abuse treatment personnel,  Christian  Science  practitioner,
 4    funeral home director or employee, coroner, medical examiner,
 5    emergency  medical  technician, acupuncturist, crisis line or
 6    hotline personnel,  school  personnel,  educational  advocate
 7    assigned  to  a  child  pursuant  to  the School Code, truant
 8    officers,  social  worker,  social  services   administrator,
 9    domestic   violence   program  personnel,  registered  nurse,
10    licensed  practical  nurse,  respiratory  care  practitioner,
11    director or staff assistant of a nursery school  or  a  child
12    day  care center, recreational program or facility personnel,
13    law  enforcement  officer,    registered   psychologist   and
14    assistants   working   under  the  direct  supervision  of  a
15    psychologist,  psychiatrist,  or  field  personnel   of   the
16    Illinois  Department  of  Public  Aid,  Public  Health, Human
17    Services (acting as successor to  the  Department  of  Mental
18    Health   and   Developmental   Disabilities,   Rehabilitation
19    Services,  or  Public  Aid),  Corrections,  Human  Rights, or
20    Children and Family Services, supervisor and administrator of
21    general  assistance  under  the  Illinois  Public  Aid  Code,
22    probation officer, or any other foster parent,  homemaker  or
23    child  care worker having reasonable cause to believe a child
24    known to them in their professional or official capacity  may
25    be  an  abused  child  or a neglected child shall immediately
26    report or cause a  report  to  be  made  to  the  Department.
27    Whenever  such person is required to report under this Act in
28    his capacity as a member of the staff of a medical  or  other
29    public or private institution, school, facility or agency, he
30    shall make report immediately to the Department in accordance
31    with  the  provisions  of  this  Act  and may also notify the
32    person in charge of such  institution,  school,  facility  or
33    agency  or  his  designated  agent  that such report has been
34    made.  Under no circumstances shall any person in  charge  of
 
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 1    such   institution,   school,  facility  or  agency,  or  his
 2    designated agent to whom such  notification  has  been  made,
 3    exercise any control, restraint, modification or other change
 4    in  the  report  or  the  forwarding  of  such  report to the
 5    Department.  The privileged quality of communication  between
 6    any professional person required to report and his patient or
 7    client  shall  not  apply  to  situations involving abused or
 8    neglected children  and  shall  not  constitute  grounds  for
 9    failure  to  report  as required by this Act.  In addition to
10    the above persons  required  to  report  suspected  cases  of
11    abused  or  neglected  children,  any other person may make a
12    report if such person has reasonable cause to believe a child
13    may be an abused child or a neglected child.  Any person  who
14    enters  into  employment  on  and  after  July 1, 1986 and is
15    mandated by virtue of that employment to  report  under  this
16    Act,  shall  sign  a  statement  on  a form prescribed by the
17    Department, to the effect that the employee has knowledge and
18    understanding of the reporting requirements of this Act.  The
19    statement shall  be  signed  prior  to  commencement  of  the
20    employment.   The  signed  statement shall be retained by the
21    employer.  The cost of printing, distribution, and filing  of
22    the  statement shall be borne by the employer. The Department
23    shall provide copies  of  this  Act,  upon  request,  to  all
24    employers  employing  persons who shall be required under the
25    provisions of this Section to report under this Act.
26        Any person who knowingly transmits a false report to  the
27    Department  commits  the  offense of disorderly conduct under
28    subsection (a)(7) of Section 26-1 of the  "Criminal  Code  of
29    1961".  Any  person  who  violates this provision a second or
30    subsequent time shall be guilty of a Class 4 felony.
31        Any person  who  knowingly  and  willfully  violates  any
32    provision  of  this Section other than a second or subsequent
33    violation of transmitting a false report as described in  the
34    preceding   paragraph,   shall   be   guilty  of  a  Class  A
 
                            -11-              LRB9100635ACprA
 1    misdemeanor.
 2        A child whose parent, guardian or custodian in good faith
 3    selects and  depends  upon  spiritual  means  through  prayer
 4    alone  for  the treatment or cure of disease or remedial care
 5    may be considered neglected or abused, but not for  the  sole
 6    reason  that  his  parent,  guardian or custodian accepts and
 7    practices such beliefs.
 8        A child shall  not  be  considered  neglected  or  abused
 9    solely   because   the  child  is  not  attending  school  in
10    accordance with the requirements of Article 26 of the  School
11    Code, as amended.
12    (Source:  P.A.  89-363,  eff.  1-1-96;  89-507,  eff. 7-1-97;
13    89-706, eff. 1-31-97; 90-116, eff. 7-14-97.)

14        Section 99.   Effective  date.   This  Act  takes  effect
15    January 1, 2000.

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