State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB30 Enrolled                                  LRB9100634ACsb

 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 15, 55, and 95 as follows:

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

12        (225 ILCS 106/55)
13        Sec.  55.  Licensure  required.  Beginning 6 months after
14    January 1, 1996 the effective date of this Act, and except as
15    provided in Section 15 of this Act, no individual shall  hold
16    himself  or  herself  out as a respiratory care practitioner,
17    unless he or she is licensed under this Act.  Individuals who
18    have been licensed  respiratory  care  practitioners  in  any
19    jurisdiction and who are seeking to practice respiratory care
20    in  this  State must apply for licensure within 45 days after
21    beginning employment within the State.
22    (Source: P.A. 89-33, eff. 1-1-96.)

23        (225 ILCS 106/95)
24        Sec. 95.  Grounds for discipline.
25        (a)  The Department may refuse to issue,  renew,  or  may
26    revoke, suspend, place on probation, reprimand, or take other
27    disciplinary  action as the Department considers appropriate,
28    including the issuance of fines not to exceed $5,000 for each
29    violation, with regard to any license for any one or more  of
30    the following:
31             (1)  Material misstatement in furnishing information
32        to  the  Department  or  to  any  other  State or federal
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 1        agency.
 2             (2)  Violations of this Act, or any of its rules.
 3             (3)  Conviction of any crime under the laws  of  the
 4        United States or any state or territory thereof that is a
 5        felony or a misdemeanor, an essential element of which is
 6        dishonesty,  or  of any crime that is directly related to
 7        the practice of the profession.
 8             (4)  Making any misrepresentation for the purpose of
 9        obtaining a license.
10             (5)  Professional incompetence or negligence in  the
11        rendering of respiratory care services.
12             (6)  Malpractice.
13             (7)  Aiding or assisting another person in violating
14        any rules or provisions of this Act.
15             (8)  Failing  to  provide information within 60 days
16        in response to a written request made by the Department.
17             (9)  Engaging   in   dishonorable,   unethical,   or
18        unprofessional conduct of a character likely to  deceive,
19        defraud, or harm the public.
20             (10)  Violating  the  rules  of professional conduct
21        adopted by the Department.
22             (11)  Discipline  by  another  jurisdiction,  if  at
23        least one of the grounds for the discipline is  the  same
24        or  substantially  equivalent  to those set forth in this
25        Act.
26             (12)  Directly or indirectly giving to or  receiving
27        from  any  person,  firm,  corporation,  partnership,  or
28        association any fee, commission, rebate, or other form of
29        compensation  for  any professional services not actually
30        rendered.
31             (13)  A finding by the Department that the licensee,
32        after having the license placed on  probationary  status,
33        has violated the terms of the probation.
34             (14)  Abandonment of a patient.
SB30 Enrolled               -5-                LRB9100634ACsb
 1             (15)  Willfully  filing  false reports relating to a
 2        licensee's practice including, but not limited to,  false
 3        records   filed   with  a  federal  or  State  agency  or
 4        department.
 5             (16)  Willfully failing to  report  an  instance  of
 6        suspected  child  abuse  or  neglect  as  required by the
 7        Abused and Neglected Child Reporting Act.
 8             (17)  Providing   respiratory   care,   other   than
 9        pursuant to the prescription of a licensed physician.
10             (18)  Physical or mental disability  including,  but
11        not  limited  to, deterioration through the aging process
12        or loss of motor skills that results in the inability  to
13        practice  the profession with reasonable judgment, skill,
14        or safety.
15             (19)  Solicitation of professional services by using
16        false or misleading advertising.
17             (20)  Failure to file a tax return, or  to  pay  the
18        tax,  penalty, or interest shown in a filed return, or to
19        pay any final assessment of tax penalty, or interest,  as
20        required  by  any  tax  Act  administered by the Illinois
21        Department of Revenue or  any  successor  agency  or  the
22        Internal Revenue Service or any successor agency.
23             (21)  Irregularities  in  billing  a third party for
24        services rendered or in reporting  charges  for  services
25        not rendered.
26             (22)  Being  named  as a perpetrator in an indicated
27        report by the Department of Children and Family  Services
28        under  the  Abused and Neglected Child Reporting Act, and
29        upon proof by clear  and  convincing  evidence  that  the
30        licensee  has  caused  a  child  to be an abused child or
31        neglected child as defined in the  Abused  and  Neglected
32        Child Reporting Act.
33             (23)  Habitual  or  excessive  use  or  addiction to
34        alcohol, narcotics, stimulants,  or  any  other  chemical
SB30 Enrolled               -6-                LRB9100634ACsb
 1        agent  or  drug  that results in an inability to practice
 2        with reasonable skill, judgment, or safety.
 3             (24)  Being named as a perpetrator in  an  indicated
 4        report  by  the Department on Aging under the Elder Abuse
 5        and Neglect Act, and upon proof by clear  and  convincing
 6        evidence  that  the licensee has caused an elderly person
 7        to be abused or neglected as defined in the  Elder  Abuse
 8        and Neglect Act.
 9             (25)  Willfully  failing  to  report  an instance of
10        suspected elder abuse or neglect as required by the Elder
11        Abuse and Neglect Act.
12        (b)  The determination by a  court  that  a  licensee  is
13    subject  to  involuntary  admission  or judicial admission as
14    provided in the Mental Health and Developmental  Disabilities
15    Code  will  result  in  an automatic suspension of his or her
16    license.  The suspension will end upon a finding by  a  court
17    that  the  licensee  is  no  longer  subject  to  involuntary
18    admission  or judicial admission, the issuance of an order so
19    finding and discharging the patient, and  the  recommendation
20    of  the Board to the Director that the licensee be allowed to
21    resume his or her practice.
22    (Source: P.A. 89-33, eff. 1-1-96; 90-655, eff. 7-30-98.)

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

25        (320 ILCS 20/2) (from Ch. 23, par. 6602)
26        Sec.  2.   Definitions.   As used in this Act, unless the
27    context requires otherwise:
28        (a)  "Abuse" means causing any physical, mental or sexual
29    injury to an eligible adult, including exploitation  of  such
30    adult's financial resources.
31        Nothing  in  this  Act shall be construed to mean that an
32    eligible adult is a victim of abuse or neglect for  the  sole
SB30 Enrolled               -7-                LRB9100634ACsb
 1    reason  that he or she is being furnished with or relies upon
 2    treatment  by  spiritual  means  through  prayer  alone,   in
 3    accordance  with  the  tenets  and  practices of a recognized
 4    church or religious denomination.
 5        Nothing in this Act shall be construed to  mean  that  an
 6    eligible  adult  is  a victim of abuse because of health care
 7    services provided or not provided  by  licensed  health  care
 8    professionals.
 9        (a-5)  "Abuser"  means  a person who abuses, neglects, or
10    financially exploits an eligible adult.
11        (a-7)  "Caregiver" means a person who either as a  result
12    of  a  family  relationship,  voluntarily, or in exchange for
13    compensation has assumed responsibility for all or a  portion
14    of  the  care  of an eligible adult who needs assistance with
15    activities of daily living.
16        (b)  "Department" means the Department on  Aging  of  the
17    State of Illinois.
18        (c)  "Director" means the Director of the Department.
19        (d)  "Domestic  living situation" means a residence where
20    the eligible adult lives alone or with his or her family or a
21    caregiver, or others, or a  board  and  care  home  or  other
22    community-based unlicensed facility, but is not:
23             (1)  A licensed facility as defined in Section 1-113
24        of the Nursing Home Care Act;
25             (2)  A  "life  care facility" as defined in the Life
26        Care Facilities Act;
27             (3)  A home, institution, or other place operated by
28        the federal government or agency thereof or by the  State
29        of Illinois;
30             (4)  A  hospital,  sanitarium, or other institution,
31        the principal  activity  or  business  of  which  is  the
32        diagnosis,  care,  and treatment of human illness through
33        the maintenance and  operation  of  organized  facilities
34        therefor,  which  is  required  to  be licensed under the
SB30 Enrolled               -8-                LRB9100634ACsb
 1        Hospital Licensing Act;
 2             (5)  A "community living facility" as defined in the
 3        Community Living Facilities Licensing Act;
 4             (6)  A  "community   residential   alternative"   as
 5        defined   in   the   Community  Residential  Alternatives
 6        Licensing Act; and
 7             (7)  A "community-integrated living arrangement"  as
 8        defined  in  the Community-Integrated Living Arrangements
 9        Licensure and Certification Act.
10        (e)  "Eligible adult" means a person 60 years of  age  or
11    older  who  resides in a domestic living situation and is, or
12    is alleged to be, abused, neglected, or financially exploited
13    by another individual.
14        (f)  "Emergency" means a situation in which  an  eligible
15    adult  is  living in conditions presenting a risk of death or
16    physical, mental or sexual injury and the provider agency has
17    reason to believe the eligible adult is unable to consent  to
18    services which would alleviate that risk.
19        (f-5)  "Mandated  reporter"  means  any  of the following
20    persons while engaged  in  carrying  out  their  professional
21    duties:
22             (1)  a professional or professional's delegate while
23        engaged  in:  (i)  social services, (ii) law enforcement,
24        (iii) education, (iv) the care of an  eligible  adult  or
25        eligible  adults,  or (v) any of the occupations required
26        to be licensed under the Clinical Psychologist  Licensing
27        Act,  the  Clinical  Social Work and Social Work Practice
28        Act, the Illinois Dental Practice Act, the  Dietetic  and
29        Nutrition  Services Practice Act, the Marriage and Family
30        Therapy Licensing Act, the Medical Practice Act of  1987,
31        the  Naprapathic  Practice  Act, the Illinois Nursing and
32        Advanced Practice Nursing Act of 1987, the  Nursing  Home
33        Administrators  Licensing  and    Disciplinary  Act,  the
34        Illinois  Occupational Therapy Practice Act, the Illinois
SB30 Enrolled               -9-                LRB9100634ACsb
 1        Optometric Practice Act of 1987,  the  Pharmacy  Practice
 2        Act  of  1987,  the  Illinois  Physical  Therapy Act, the
 3        Physician Assistant Practice Act of 1987,  the  Podiatric
 4        Medical  Practice  Act  of  1987,  the  Respiratory  Care
 5        Practice  Act,  the  Professional  Counselor and Clinical
 6        Professional  Counselor  Licensing  Act,   the   Illinois
 7        Speech-Language Pathology and Audiology Practice Act, the
 8        Veterinary Medicine and Surgery Practice Act of 1994, and
 9        the Illinois Public Accounting Act;
10             (2)  an  employee  of  a  vocational  rehabilitation
11        facility  prescribed  or  supervised by the Department of
12        Human Services;
13             (3)  an administrator, employee, or person providing
14        services in or  through  an  unlicensed  community  based
15        facility;
16             (4)  a Christian Science Practitioner;
17             (5)  field  personnel  of  the  Department of Public
18        Aid, Department of Public Health, and Department of Human
19        Services, and any county or municipal health department;
20             (6)  personnel of the Department of Human  Services,
21        the  Guardianship and Advocacy Commission, the State Fire
22        Marshal, local fire departments, the Department on  Aging
23        and  its  subsidiary  Area Agencies on Aging and provider
24        agencies,  and  the  Office  of  State  Long  Term   Care
25        Ombudsman;
26             (7)  any  employee  of  the  State  of  Illinois not
27        otherwise specified herein who is involved  in  providing
28        services  to  eligible  adults,  including  professionals
29        providing  medical  or  rehabilitation  services  and all
30        other persons having direct contact with eligible adults;
31        or
32             (9)  a person who performs the duties of  a  coroner
33        or medical examiner.
34        (g)  "Neglect"  means  another  individual's  failure  to
SB30 Enrolled               -10-               LRB9100634ACsb
 1    provide an eligible adult with or willful withholding from an
 2    eligible  adult  the  necessities  of life including, but not
 3    limited to, food, clothing, shelter  or  medical  care.  This
 4    subsection  does  not  create  any  new  affirmative  duty to
 5    provide support to eligible  adults.   Nothing  in  this  Act
 6    shall be construed to mean that an eligible adult is a victim
 7    of  neglect  because  of health care services provided or not
 8    provided by licensed health care professionals.
 9        (h)  "Provider agency"  means  any  public  or  nonprofit
10    agency  in  a  planning  and  service  area  appointed by the
11    regional administrative agency with  prior  approval  by  the
12    Department  on Aging to receive and assess reports of alleged
13    or suspected abuse, neglect, or financial exploitation.
14        (i)  "Regional administrative agency" means any public or
15    nonprofit agency in a planning and service area so designated
16    by the Department, provided that the designated  Area  Agency
17    on  Aging  shall  be  designated  the regional administrative
18    agency if it so requests. The  Department  shall  assume  the
19    functions  of  the  regional  administrative  agency  for any
20    planning and service area where  another  agency  is  not  so
21    designated.
22        (j)  "Substantiated   case"  means  a  reported  case  of
23    alleged   or   suspected   abuse,   neglect,   or   financial
24    exploitation in which a provider  agency,  after  assessment,
25    determines that there is reason to believe abuse, neglect, or
26    financial exploitation has occurred.
27    (Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)

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

30        (325 ILCS 5/4) (from Ch. 23, par. 2054)
31        Sec.   4.    Persons   required   to  report;  privileged
32    communications; transmitting false  report.   Any  physician,
SB30 Enrolled               -11-               LRB9100634ACsb
 1    resident,   intern,   hospital,  hospital  administrator  and
 2    personnel engaged  in  examination,  care  and  treatment  of
 3    persons,  surgeon,  dentist,  dentist  hygienist,  osteopath,
 4    chiropractor,   podiatrist,  physician  assistant,  substance
 5    abuse treatment personnel,  Christian  Science  practitioner,
 6    funeral home director or employee, coroner, medical examiner,
 7    emergency  medical  technician, acupuncturist, crisis line or
 8    hotline personnel,  school  personnel,  educational  advocate
 9    assigned  to  a  child  pursuant  to  the School Code, truant
10    officers,  social  worker,  social  services   administrator,
11    domestic   violence   program  personnel,  registered  nurse,
12    licensed  practical  nurse,  respiratory  care  practitioner,
13    director or staff assistant of a nursery school  or  a  child
14    day  care center, recreational program or facility personnel,
15    law  enforcement  officer,    registered   psychologist   and
16    assistants   working   under  the  direct  supervision  of  a
17    psychologist,  psychiatrist,  or  field  personnel   of   the
18    Illinois  Department  of  Public  Aid,  Public  Health, Human
19    Services (acting as successor to  the  Department  of  Mental
20    Health   and   Developmental   Disabilities,   Rehabilitation
21    Services,  or  Public  Aid),  Corrections,  Human  Rights, or
22    Children and Family Services, supervisor and administrator of
23    general  assistance  under  the  Illinois  Public  Aid  Code,
24    probation officer, or any other foster parent,  homemaker  or
25    child  care worker having reasonable cause to believe a child
26    known to them in their professional or official capacity  may
27    be  an  abused  child  or a neglected child shall immediately
28    report or cause a  report  to  be  made  to  the  Department.
29    Whenever  such person is required to report under this Act in
30    his capacity as a member of the staff of a medical  or  other
31    public or private institution, school, facility or agency, he
32    shall make report immediately to the Department in accordance
33    with  the  provisions  of  this  Act  and may also notify the
34    person in charge of such  institution,  school,  facility  or
SB30 Enrolled               -12-               LRB9100634ACsb
 1    agency  or  his  designated  agent  that such report has been
 2    made.  Under no circumstances shall any person in  charge  of
 3    such   institution,   school,  facility  or  agency,  or  his
 4    designated agent to whom such  notification  has  been  made,
 5    exercise any control, restraint, modification or other change
 6    in  the  report  or  the  forwarding  of  such  report to the
 7    Department.  The privileged quality of communication  between
 8    any professional person required to report and his patient or
 9    client  shall  not  apply  to  situations involving abused or
10    neglected children  and  shall  not  constitute  grounds  for
11    failure  to  report  as required by this Act.  In addition to
12    the above persons  required  to  report  suspected  cases  of
13    abused  or  neglected  children,  any other person may make a
14    report if such person has reasonable cause to believe a child
15    may be an abused child or a neglected child.  Any person  who
16    enters  into  employment  on  and  after  July 1, 1986 and is
17    mandated by virtue of that employment to  report  under  this
18    Act,  shall  sign  a  statement  on  a form prescribed by the
19    Department, to the effect that the employee has knowledge and
20    understanding of the reporting requirements of this Act.  The
21    statement shall  be  signed  prior  to  commencement  of  the
22    employment.   The  signed  statement shall be retained by the
23    employer.  The cost of printing, distribution, and filing  of
24    the  statement shall be borne by the employer. The Department
25    shall provide copies  of  this  Act,  upon  request,  to  all
26    employers  employing  persons who shall be required under the
27    provisions of this Section to report under this Act.
28        Any person who knowingly transmits a false report to  the
29    Department  commits  the  offense of disorderly conduct under
30    subsection (a)(7) of Section 26-1 of the  "Criminal  Code  of
31    1961".  Any  person  who  violates this provision a second or
32    subsequent time shall be guilty of a Class 4 felony.
33        Any person  who  knowingly  and  willfully  violates  any
34    provision  of  this Section other than a second or subsequent
SB30 Enrolled               -13-               LRB9100634ACsb
 1    violation of transmitting a false report as described in  the
 2    preceding   paragraph,   shall   be   guilty  of  a  Class  A
 3    misdemeanor.
 4        A child whose parent, guardian or custodian in good faith
 5    selects and  depends  upon  spiritual  means  through  prayer
 6    alone  for  the treatment or cure of disease or remedial care
 7    may be considered neglected or abused, but not for  the  sole
 8    reason  that  his  parent,  guardian or custodian accepts and
 9    practices such beliefs.
10        A child shall  not  be  considered  neglected  or  abused
11    solely   because   the  child  is  not  attending  school  in
12    accordance with the requirements of Article 26 of the  School
13    Code, as amended.
14    (Source:  P.A.  89-363,  eff.  1-1-96;  89-507,  eff. 7-1-97;
15    89-706, eff. 1-31-97; 90-116, eff. 7-14-97.)

16        Section 99.   Effective  date.   This  Act  takes  effect
17    January 1, 2000.

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