(225 ILCS 106/10)
(Section scheduled to be repealed on January 1, 2016)
Sec. 10.
Definitions.
In this Act:
"Advanced practice nurse" means an advanced practice nurse licensed under the Nursing and Advanced Practice Nursing Act.
"Board" means the Respiratory Care Board appointed by the Director.
"Basic respiratory care activities" means and includes all of the following activities:
(1) Cleaning, disinfecting, and sterilizing
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equipment used in the practice of respiratory care as delegated by a licensed health care professional or other authorized licensed personnel.
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(2) Assembling equipment used in the practice of
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respiratory care as delegated by a licensed health care professional or other authorized licensed personnel.
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(3) Collecting and reviewing patient data through
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non‑invasive means, provided that the collection and review does not include the individual's interpretation of the clinical significance of the data. Collecting and reviewing patient data includes the performance of pulse oximetry and non‑invasive monitoring procedures in order to obtain vital signs and notification to licensed health care professionals and other authorized licensed personnel in a timely manner.
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(4) Maintaining a nasal cannula or face mask for
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oxygen therapy in the proper position on the patient's face.
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(5) Assembling a nasal cannula or face mask for
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oxygen therapy at patient bedside in preparation for use.
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(6) Maintaining a patient's natural airway by
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physically manipulating the jaw and neck, suctioning the oral cavity, or suctioning the mouth or nose with a bulb syringe.
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(7) Performing assisted ventilation during emergency
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resuscitation using a manual resuscitator.
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(8) Using a manual resuscitator at the direction of a
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licensed health care professional or other authorized licensed personnel who is present and performing routine airway suctioning. These activities do not include care of a patient's artificial airway or the adjustment of mechanical ventilator settings while a patient is connected to the ventilator.
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"Basic respiratory care activities" does not mean activities that involve any of the following:
(1) Specialized knowledge that results from a course
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of education or training in respiratory care.
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(2) An unreasonable risk of a negative outcome for
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(3) The assessment or making of a decision concerning
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(4) The administration of aerosol medication or
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(5) The insertion and maintenance of an artificial
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(6) Mechanical ventilatory support.
(7) Patient assessment.
(8) Patient education.
"Department" means the Department of Professional Regulation.
"Director" means the Director of
Professional Regulation.
"Licensed" means that which is required to hold oneself
out as
a respiratory care
practitioner as defined in this Act.
"Licensed health care professional" means a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to transmit orders to a respiratory care practitioner, or a physician assistant who has been delegated the authority to transmit orders to a respiratory care practitioner by his or her supervising physician.
"Order" means a written, oral, or telecommunicated authorization for respiratory care services for a patient by (i) a licensed health care professional who maintains medical supervision of the patient and makes a diagnosis or verifies that the patient's condition is such that it may be treated by a respiratory care practitioner or (ii) a certified registered nurse anesthetist in a licensed hospital or ambulatory surgical treatment center.
"Other authorized licensed personnel" means a licensed respiratory care practitioner, a licensed registered nurse, or a licensed practical nurse whose scope of practice authorizes the professional to supervise an individual who is not licensed, certified, or registered as a health professional.
"Proximate supervision" means a situation in which an individual is
responsible for directing the actions of another individual in the facility and is physically close enough to be readily available, if needed, by the supervised individual.
"Respiratory care" and "cardiorespiratory care"
mean preventative services, evaluation and assessment services, therapeutic services, and rehabilitative services under the order of a licensed health care professional or a certified registered nurse anesthetist in a licensed hospital for an individual with a disorder, disease, or abnormality of the cardiopulmonary system. These terms include, but are not limited to, measuring, observing, assessing, and monitoring signs and symptoms, reactions, general behavior, and general physical response of individuals to respiratory care services, including the determination of whether those signs, symptoms, reactions, behaviors, or general physical responses exhibit abnormal characteristics; the administration of pharmacological and therapeutic agents related to respiratory care services; the collection of blood specimens and other bodily fluids and tissues for, and the performance of, cardiopulmonary diagnostic testing procedures, including, but not limited to, blood gas analysis; development, implementation, and modification of respiratory care treatment plans based on assessed abnormalities of the cardiopulmonary system, respiratory care guidelines, referrals, and orders of a licensed health care professional; application, operation, and management of mechanical ventilatory support and other means of life support; and the initiation of emergency procedures under the rules promulgated by the Department. A respiratory care practitioner shall refer to a physician licensed to practice medicine in all its branches any patient whose condition, at the time of evaluation or treatment, is determined to be beyond the scope of practice of the respiratory care practitioner.
"Respiratory care education program" means a course of academic study leading
to eligibility for registry or certification in respiratory care. The training
is to be approved by an accrediting agency recognized by the Board and shall
include an evaluation of competence through a standardized testing mechanism
that is determined by the Board to be both valid and reliable.
"Respiratory care practitioner" means a person who is licensed by the
Department of Professional Regulation and meets all of the following
criteria:
(1) The person is engaged in the practice of
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cardiorespiratory care and has the knowledge and skill necessary to administer respiratory care.
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(2) The person is capable of serving as a resource
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to the licensed health care professional in relation to the technical aspects of cardiorespiratory care and the safe and effective methods for administering cardiorespiratory care modalities.
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(3) The person is able to function in situations of
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unsupervised patient contact requiring great individual judgment.
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(Source: P.A. 94‑523, eff. 1‑1‑06.)
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(225 ILCS 106/50)
(Section scheduled to be repealed on January 1, 2016)
Sec. 50.
Qualifications for a license.
(a) A person is qualified to be licensed as a licensed respiratory care
practitioner, and the Department may issue a license authorizing the practice
of respiratory care to an applicant who:
(1) has applied in writing on the prescribed form
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and has paid the required fee;
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(2) has successfully completed a respiratory care
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training program approved by the Department;
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(3) has successfully passed an examination for the
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practice of respiratory care authorized by the Department, within 5 years of making application; and
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(4) has paid the fees required by this Act.
Any person who has received certification by any state or national
organization whose standards are accepted by the Department as being
substantially similar to the standards in this Act may apply for a respiratory
care practitioner license without examination.
(b) Beginning 6 months after December 31, 2005, all individuals who provide satisfactory evidence to the Department of 3 years of experience, with a minimum of 400 hours per year, in the practice of respiratory care during the 5 years immediately preceding December 31, 2005 shall be issued a license, unless the license may be denied under Section 95 of this Act. This experience must have been obtained while under the supervision of a certified respiratory therapist, a registered respiratory therapist, or a licensed registered nurse or under the supervision or direction of a licensed health care professional. All applications for a license under this subsection (b) shall be postmarked within 12 months after December 31, 2005.
(c) A person may practice as a respiratory care practitioner if he or she has applied in writing to the Department in form and substance satisfactory to the Department for a license as a licensed respiratory care practitioner and has complied with all the provisions under this Section except for the passing of an examination to be eligible to receive such license, until the Department has made the decision that the applicant has failed to pass the next available examination authorized by the Department or has failed, without an approved excuse, to take the next available examination authorized by the Department or until the withdrawal of the application, but not to exceed 6 months. An applicant practicing professional registered respiratory care under this subsection (c) who passes the examination, however, may continue to practice under this subsection (c) until such time as he or she receives his or her license to practice or until the Department notifies him or her that the license has been denied. No applicant for licensure practicing under the provisions of this subsection (c) shall practice professional respiratory care except under the direct supervision of a licensed health care professional or authorized licensed personnel. In no instance shall any such applicant practice or be employed in any supervisory capacity.
(Source: P.A. 94‑523, eff. 1‑1‑06.)
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(225 ILCS 106/95)
(Section scheduled to be repealed on January 1, 2016)
Sec. 95.
Grounds for discipline.
(a) The Department may refuse to issue, renew, or may revoke, suspend, place
on probation, reprimand, or take other disciplinary action as the Department
considers appropriate, including the issuance of fines not to exceed $5,000 for
each violation, with regard to any license for any one or more of the
following:
(1) Material misstatement in furnishing information
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to the Department or to any other State or federal agency.
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(2) Violations of this Act, or any
of its rules.
(3) Conviction of any crime under the laws of the
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United States or any state or territory thereof that is a felony or a misdemeanor, an essential element of which is dishonesty, or of any crime that is directly related to the practice of the profession.
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(4) Making any misrepresentation for the purpose of
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(5) Professional incompetence or negligence in the
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rendering of respiratory care services.
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(6) Malpractice.
(7) Aiding or assisting another person in violating
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any rules or provisions of this Act.
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(8) Failing to provide information within 60 days in
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response to a written request made by the Department.
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(9) Engaging in dishonorable, unethical, or
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unprofessional conduct of a character likely to deceive, defraud, or harm the public.
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(10) Violating the rules of professional conduct
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adopted by the Department.
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(11) Discipline by another jurisdiction, if at least
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one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
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(12) Directly or indirectly giving to or receiving
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from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually rendered.
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(13) A finding by the Department that the licensee,
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after having the license placed on probationary status, has violated the terms of the probation.
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(14) Abandonment of a patient.
(15) Willfully filing false reports relating to a
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licensee's practice including, but not limited to, false records filed with a federal or State agency or department.
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(16) Willfully failing to report an instance of
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suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
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(17) Providing respiratory care, other than pursuant
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(18) Physical or mental disability including, but
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not limited to, deterioration through the aging process or loss of motor skills that results in the inability to practice the profession with reasonable judgment, skill, or safety.
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(19) Solicitation of professional services by using
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false or misleading advertising.
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(20) Failure to file a tax return, or to pay the
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tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue or any successor agency or the Internal Revenue Service or any successor agency.
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(21) Irregularities in billing a third party for
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services rendered or in reporting charges for services not rendered.
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(22) Being named as a perpetrator in an indicated
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report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
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(23) Habitual or excessive use or addiction to
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alcohol, narcotics, stimulants, or any other chemical agent or drug that results in an inability to practice with reasonable skill, judgment, or safety.
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(24) Being named as a perpetrator in an indicated
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report by the Department on Aging under the Elder Abuse and Neglect Act, and upon proof by clear and convincing evidence that the licensee has caused an elderly person to be abused or neglected as defined in the Elder Abuse and Neglect Act.
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(25) Willfully failing to report an instance of
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suspected elder abuse or neglect as required by the Elder Abuse and Neglect Act.
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(b) The determination by a court that a licensee is subject to involuntary
admission or judicial admission as provided in the Mental Health and
Developmental Disabilities Code will result in an automatic suspension of his
or
her license. The suspension will end upon a finding by a court that the
licensee is no
longer subject to involuntary admission or judicial admission, the issuance
of an order so finding and discharging the patient, and the recommendation of
the Board to the Director that the licensee be allowed to resume his or her
practice.
(Source: P.A. 94‑523, eff. 1‑1‑06.)
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