State of Illinois
91st General Assembly
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91_HB0147ham001

 










                                           LRB9100635ACtmam01

 1                     AMENDMENT TO HOUSE BILL 147

 2        AMENDMENT NO.     .  Amend House Bill 147 on page 1, line
 3    5, by replacing "Sections 55 and 95" with "Sections  15,  55,
 4    and 95"; and

 5    on  page  1,  immediately  below  line  5,  by  inserting the
 6    following:

 7        "(225 ILCS 106/15)
 8        Sec. 15.  Exemptions.
 9        (a)  This  Act  does  not  prohibit  a   person   legally
10    regulated in this State by any other Act from engaging in any
11    practice  for  which he or she is authorized as long as he or
12    she does not represent himself or herself  by  the  title  of
13    respiratory  care  practitioner.   This Act does not prohibit
14    the practice of nonregulated professions whose  practitioners
15    are  engaged  in  the delivery of respiratory care as long as
16    these practitioners do not represent themselves as or use the
17    title of a respiratory care practitioner.
18        (b)  Nothing in this Act shall prohibit the  practice  of
19    respiratory  care  by  a person who is employed by the United
20    States government or any bureau, division, or agency  thereof
21    while in the discharge of the employee's official duties.
22        (c)  Nothing  in this Act shall be construed to limit the
 
                            -2-            LRB9100635ACtmam01
 1    activities and services of a person enrolled in  an  approved
 2    course  of  study  leading  to  a  degree  or  certificate of
 3    registry or certification eligibility in respiratory care  if
 4    these   activities  and  services  constitute  a  part  of  a
 5    supervised course of study and if the person is designated by
 6    a title which clearly  indicates  his  or  her  status  as  a
 7    student or trainee.  Status as a student or trainee shall not
 8    exceed  3  years  from  the date of enrollment in an approved
 9    course.
10        (d)  Nothing in this Act shall  prohibit  a  person  from
11    treating  ailments by spiritual means through prayer alone in
12    accordance with the tenets  and  practices  of  a  recognized
13    church or religious denomination.
14        (e)  Nothing  in this Act shall be construed to prevent a
15    person who is a registered nurse or  a  certified  registered
16    nurse   anesthetist   or  a  licensed  practical  nurse  from
17    providing respiratory care.
18        (f)  Nothing in this Act shall  limit  a  person  who  is
19    credentialed  by  the  National  Society  for Cardiopulmonary
20    Technology or the National Board for  Respiratory  Care  from
21    performing  pulmonary  function tests and related respiratory
22    care procedures for which appropriate competencies have  been
23    demonstrated.
24        (g)  Nothing  in  this  Act shall prohibit the collection
25    and  analysis  of  blood  by  clinical  laboratory  personnel
26    meeting the personnel  standards  of  the  Illinois  Clinical
27    Laboratory Act.
28        (h)  Nothing  in this Act shall limit the activities of a
29    person who is not licensed under  this  Act  from  performing
30    respiratory  care  if he or she does not represent himself or
31    herself as a respiratory care practitioner.
32        (i)  Nothing in this Act shall prohibit qualified members
33    of other professional groups, including but  not  limited  to
34    nurses,  from  performing  or  advertising  that  he  or  she
 
                            -3-            LRB9100635ACtmam01
 1    performs  the  work  of  a respiratory care practitioner in a
 2    manner consistent with his or her training, or  any  code  of
 3    ethics  of  his or her respective professions, but only if he
 4    or she does not represent himself or herself by any title  or
 5    description as a respiratory care practitioner.
 6        (j)  This Act does not prohibit a hospital, nursing home,
 7    long-term care facility, home health agency, health system or
 8    network,  or  any  other  organization  or  institution  that
 9    provides   health   or   illness   care  for  individuals  or
10    communities   from   providing   respiratory   care   through
11    practitioners  that  the  organization  considers  competent.
12    These entities shall not  be  required  to  utilize  licensed
13    respiratory  care  practitioners to practice respiratory care
14    when  providing  respiratory  care  for  their  patients   or
15    customers.   Organizations  providing  respiratory  care  may
16    decide  who  is  competent  to deliver that respiratory care.
17    Nothing in this Act shall be construed to limit  the  ability
18    of  an  employer  to  utilize a respiratory care practitioner
19    within   the   employment   setting   consistent   with   the
20    individual's skill and training.
21    (Source: P.A. 89-33, eff. 1-1-96.)"; and

22    on page  1,  by  replacing  lines  11  through  17  with  the
23    following:
24    "unless  he  or  she is licensed under this Act.  Individuals
25    who have been licensed respiratory care practitioners in  any
26    jurisdiction and who are seeking to practice respiratory care
27    in  this  State must apply for licensure within 45 days after
28    beginning employment within the State.".

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