IL
Illinois Senate Bill SB2494

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2494 Compare Versions

OldNewDifferences
1-SB2494 EngrossedLRB104 09451 AAS 19511 b SB2494 Engrossed LRB104 09451 AAS 19511 b
2- SB2494 Engrossed LRB104 09451 AAS 19511 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2494 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: See Index Amends the Regulatory Sunset Act. Changes the repeal date of the Respiratory Care Practice Act from January 1, 2026 to January 1, 2031. Amends the Respiratory Care Practice Act. Adds provisions concerning address of record and email address of record. Removes the requirement that the Department of Financial and Professional Regulation maintain a roster of the names and addresses of all licenses and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. Changes the membership of the Respiratory Care Board to 5 persons of which 3 members shall be currently engaged in the practice of respiratory care and one member who is a hospital administrator (rather than 7 persons of which 4 members shall be currently engaged in the practice of respiratory care and two members who are hospital administrators). Provides that a majority of the Board members (rather than 4) shall constitute a quorum. Provides that an applicant shall include the applicant's Social Security number or Individual Taxpayer Identification Number in an application to the Department (rather than only the applicant's Social Security Number). Provides that the Department shall provide a certified shorthand reporter to take down the testimony and preserve the record of all proceedings at a formal hearing (rather than the Department preserving the record). Provides that provisions concerning the repeal date of the Act are effective immediately. Makes other changes. LRB104 09451 AAS 19511 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2494 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: See Index See Index Amends the Regulatory Sunset Act. Changes the repeal date of the Respiratory Care Practice Act from January 1, 2026 to January 1, 2031. Amends the Respiratory Care Practice Act. Adds provisions concerning address of record and email address of record. Removes the requirement that the Department of Financial and Professional Regulation maintain a roster of the names and addresses of all licenses and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. Changes the membership of the Respiratory Care Board to 5 persons of which 3 members shall be currently engaged in the practice of respiratory care and one member who is a hospital administrator (rather than 7 persons of which 4 members shall be currently engaged in the practice of respiratory care and two members who are hospital administrators). Provides that a majority of the Board members (rather than 4) shall constitute a quorum. Provides that an applicant shall include the applicant's Social Security number or Individual Taxpayer Identification Number in an application to the Department (rather than only the applicant's Social Security Number). Provides that the Department shall provide a certified shorthand reporter to take down the testimony and preserve the record of all proceedings at a formal hearing (rather than the Department preserving the record). Provides that provisions concerning the repeal date of the Act are effective immediately. Makes other changes. LRB104 09451 AAS 19511 b LRB104 09451 AAS 19511 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2494 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
3+See Index See Index
4+See Index
5+Amends the Regulatory Sunset Act. Changes the repeal date of the Respiratory Care Practice Act from January 1, 2026 to January 1, 2031. Amends the Respiratory Care Practice Act. Adds provisions concerning address of record and email address of record. Removes the requirement that the Department of Financial and Professional Regulation maintain a roster of the names and addresses of all licenses and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. Changes the membership of the Respiratory Care Board to 5 persons of which 3 members shall be currently engaged in the practice of respiratory care and one member who is a hospital administrator (rather than 7 persons of which 4 members shall be currently engaged in the practice of respiratory care and two members who are hospital administrators). Provides that a majority of the Board members (rather than 4) shall constitute a quorum. Provides that an applicant shall include the applicant's Social Security number or Individual Taxpayer Identification Number in an application to the Department (rather than only the applicant's Social Security Number). Provides that the Department shall provide a certified shorthand reporter to take down the testimony and preserve the record of all proceedings at a formal hearing (rather than the Department preserving the record). Provides that provisions concerning the repeal date of the Act are effective immediately. Makes other changes.
6+LRB104 09451 AAS 19511 b LRB104 09451 AAS 19511 b
7+ LRB104 09451 AAS 19511 b
8+A BILL FOR
9+SB2494LRB104 09451 AAS 19511 b SB2494 LRB104 09451 AAS 19511 b
10+ SB2494 LRB104 09451 AAS 19511 b
311 1 AN ACT concerning regulation.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Regulatory Sunset Act is amended by
715 5 changing Section 4.36 and by adding Section 4.41 as follows:
816 6 (5 ILCS 80/4.36)
917 7 Sec. 4.36. Acts repealed on January 1, 2026. The following
1018 8 Acts are repealed on January 1, 2026:
1119 9 The Barber, Cosmetology, Esthetics, Hair Braiding, and
1220 10 Nail Technology Act of 1985.
1321 11 The Collection Agency Act.
1422 12 The Hearing Instrument Consumer Protection Act.
1523 13 The Illinois Athletic Trainers Practice Act.
1624 14 The Illinois Dental Practice Act.
1725 15 The Illinois Roofing Industry Licensing Act.
1826 16 The Illinois Physical Therapy Act.
1927 17 The Professional Geologist Licensing Act.
2028 18 The Respiratory Care Practice Act.
2129 19 (Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
2230 20 99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
2331 21 99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
2432 22 12-31-15; 99-642, eff. 7-28-16.)
2533
2634
2735
28- SB2494 Engrossed LRB104 09451 AAS 19511 b
29-
30-
31-SB2494 Engrossed- 2 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 2 - LRB104 09451 AAS 19511 b
32- SB2494 Engrossed - 2 - LRB104 09451 AAS 19511 b
33-1 (5 ILCS 80/4.41 new)
34-2 Sec. 4.41. Acts repealed on January 1, 2031. The following
35-3 Acts are repealed on January 1, 2031:
36-4 The Illinois Athletic Trainers Practice Act.
37-5 The Respiratory Care Practice Act.
38-6 Section 10. The Illinois Athletic Trainers Practice Act is
39-7 amended by changing Sections 3, 4, 5, 8, 9, 11, 12, 13, 14, 16,
40-8 17, 18, 19, 19.5, 22, 24, 27, 28, and 30 and by adding Section
41-9 3.5 as follows:
42-10 (225 ILCS 5/3) (from Ch. 111, par. 7603)
43-11 (Section scheduled to be repealed on January 1, 2026)
44-12 Sec. 3. Definitions. As used in this Act:
45-13 (1) "Department" means the Department of Financial and
46-14 Professional Regulation.
47-15 (2) "Secretary" means the Secretary of Financial and
48-16 Professional Regulation.
49-17 (3) (Blank). "Board" means the Illinois Board of Athletic
50-18 Trainers appointed by the Secretary.
51-19 (4) "Licensed athletic trainer" means a person licensed to
52-20 practice athletic training as defined in this Act and with the
53-21 specific qualifications set forth in Section 9 of this Act
54-22 who, upon the direction or consultation of a physician,
55-23 carries out the practice of evaluation, prevention or
56-24 emergency care, or physical reconditioning of injuries
36+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2494 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
37+See Index See Index
38+See Index
39+Amends the Regulatory Sunset Act. Changes the repeal date of the Respiratory Care Practice Act from January 1, 2026 to January 1, 2031. Amends the Respiratory Care Practice Act. Adds provisions concerning address of record and email address of record. Removes the requirement that the Department of Financial and Professional Regulation maintain a roster of the names and addresses of all licenses and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. Changes the membership of the Respiratory Care Board to 5 persons of which 3 members shall be currently engaged in the practice of respiratory care and one member who is a hospital administrator (rather than 7 persons of which 4 members shall be currently engaged in the practice of respiratory care and two members who are hospital administrators). Provides that a majority of the Board members (rather than 4) shall constitute a quorum. Provides that an applicant shall include the applicant's Social Security number or Individual Taxpayer Identification Number in an application to the Department (rather than only the applicant's Social Security Number). Provides that the Department shall provide a certified shorthand reporter to take down the testimony and preserve the record of all proceedings at a formal hearing (rather than the Department preserving the record). Provides that provisions concerning the repeal date of the Act are effective immediately. Makes other changes.
40+LRB104 09451 AAS 19511 b LRB104 09451 AAS 19511 b
41+ LRB104 09451 AAS 19511 b
42+A BILL FOR
5743
5844
5945
6046
6147
62- SB2494 Engrossed - 2 - LRB104 09451 AAS 19511 b
48+See Index
6349
6450
65-SB2494 Engrossed- 3 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 3 - LRB104 09451 AAS 19511 b
66- SB2494 Engrossed - 3 - LRB104 09451 AAS 19511 b
67-1 incurred by athletes conducted by an educational institution,
68-2 professional athletic organization, sanctioned amateur
69-3 athletic organization, performing arts setting, clinical
70-4 setting, or employment setting employing the athletic trainer;
71-5 or a person who, under the direction of a physician, carries
72-6 out comparable functions for a health organization-based
73-7 extramural program of athletic training services for athletes.
74-8 Specific duties of the athletic trainer include, but are not
75-9 limited to:
76-10 A. Supervision of the selection, fitting, and
77-11 maintenance of protective equipment;
78-12 B. Provision of assistance to the coaching staff in
79-13 the development and implementation of conditioning
80-14 programs;
81-15 C. Counseling of athletes on nutrition and hygiene;
82-16 D. Supervision of athletic training facility and
83-17 inspection of playing facilities;
84-18 E. Selection and maintenance of athletic training
85-19 equipment and supplies;
86-20 F. (Blank);
87-21 G. Coordination with a physician to provide:
88-22 (i) pre-competition physical exam and health
89-23 history updates,
90-24 (ii) game coverage or phone access to a physician
91-25 or paramedic,
92-26 (iii) follow-up injury care,
51+
52+ LRB104 09451 AAS 19511 b
9353
9454
9555
9656
9757
98- SB2494 Engrossed - 3 - LRB104 09451 AAS 19511 b
9958
10059
101-SB2494 Engrossed- 4 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 4 - LRB104 09451 AAS 19511 b
102- SB2494 Engrossed - 4 - LRB104 09451 AAS 19511 b
103-1 (iv) reconditioning programs, and
104-2 (v) assistance on all matters pertaining to the
105-3 health and well-being of athletes;
106-4 H. Provision of on-site injury care and evaluation as
107-5 well as appropriate transportation, follow-up treatment
108-6 and reconditioning as necessary for all injuries sustained
109-7 by athletes in the program;
110-8 I. With a physician, determination of when an athlete
111-9 may safely return to full participation post-injury;
112-10 J. Maintenance of complete and accurate records of all
113-11 athlete injuries and treatments rendered; and
114-12 K. Written reports to a referring individual every 30
115-13 days services are provided.
116-14 To carry out these functions the athletic trainer is
117-15 authorized to utilize modalities, including, but not limited
118-16 to, heat, light, sound, cold, electricity, exercise, or
119-17 mechanical devices related to care and reconditioning. An
120-18 athletic trainer may also carry out these functions upon
121-19 receiving a referral. A licensed athletic trainer shall use
122-20 "LAT" or "L.A.T." in connection with the athletic trainer's
123-21 name to denote licensure under this Act.
124-22 (5) "Referral" means the written authorization for
125-23 athletic trainer services as provided in paragraph (4) given
126-24 by a physician, physician assistant, advanced practice
127-25 registered nurse, podiatric physician, or dentist, who shall
128-26 maintain medical supervision of the athlete and makes a
60+
61+
62+ SB2494 LRB104 09451 AAS 19511 b
63+
64+
65+SB2494- 2 -LRB104 09451 AAS 19511 b SB2494 - 2 - LRB104 09451 AAS 19511 b
66+ SB2494 - 2 - LRB104 09451 AAS 19511 b
67+1 (5 ILCS 80/4.41 new)
68+2 Sec. 4.41. Act repealed on January 1, 2031. The following
69+3 Act is repealed on January 1, 2031:
70+4 The Respiratory Care Practice Act.
71+5 Section 15. The Respiratory Care Practice Act is amended
72+6 by changing Sections 10, 15, 20, 22, 30, 35, 42, 50, 60, 65,
73+7 70, 80, 85, 90, 95, 100, 105, 110, 135, 155, 160, 170, and 180
74+8 and by adding Section 12 as follows:
75+9 (225 ILCS 106/10)
76+10 (Section scheduled to be repealed on January 1, 2026)
77+11 Sec. 10. Definitions. In this Act:
78+12 "Address of record" means the designated address recorded
79+13 by the Department in the applicant's or licensee's application
80+14 file or license file as maintained by the Department's
81+15 licensure maintenance unit. It is the duty of the applicant or
82+16 licensee to inform the Department of any change of address and
83+17 those changes must be made either through the Department's
84+18 website or by contacting the Department.
85+19 "Advanced practice registered nurse" means an advanced
86+20 practice registered nurse licensed under the Nurse Practice
87+21 Act.
88+22 "Board" means the Respiratory Care Board appointed by the
89+23 Secretary.
90+24 "Basic respiratory care activities" means and includes all
12991
13092
13193
13294
13395
134- SB2494 Engrossed - 4 - LRB104 09451 AAS 19511 b
96+ SB2494 - 2 - LRB104 09451 AAS 19511 b
13597
13698
137-SB2494 Engrossed- 5 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 5 - LRB104 09451 AAS 19511 b
138- SB2494 Engrossed - 5 - LRB104 09451 AAS 19511 b
139-1 diagnosis or verifies that the patient's condition is such
140-2 that it may be treated by an athletic trainer.
141-3 (6) "Aide" means a person who has received on-the-job
142-4 training specific to the facility in which that person he or
143-5 she is employed, on either a paid or volunteer basis, but is
144-6 not enrolled in an accredited curriculum.
145-7 (7) "Address of record" means the designated address
146-8 recorded by the Department in the applicant's or licensee's
147-9 application file or license file as maintained by the
148-10 Department's licensure maintenance unit. It is the duty of the
149-11 applicant or licensee to inform the Department of any change
150-12 of address, and those changes must be made either through the
151-13 Department's website or by contacting the Department.
152-14 (8) "Email address of record" means the designated email
153-15 address recorded by the Department in the applicant's
154-16 application file or the licensee's license file, as maintained
155-17 by the Department's licensure maintenance unit.
156-18 (9) (8) "Board of Certification" means the Board of
157-19 Certification for the Athletic Trainer.
158-20 (10) (9) "Athlete" means a person participating in an
159-21 activity that requires a level of strength, endurance,
160-22 flexibility, range of motion, speed, or agility which may
161-23 include exercise, sports, recreation, wellness, or employment
162-24 activity.
163-25 (11) (10) "Physician assistant" means a physician
164-26 assistant licensed to practice under the Physician Assistant
99+SB2494- 3 -LRB104 09451 AAS 19511 b SB2494 - 3 - LRB104 09451 AAS 19511 b
100+ SB2494 - 3 - LRB104 09451 AAS 19511 b
101+1 of the following activities:
102+2 (1) Cleaning, disinfecting, and sterilizing equipment
103+3 used in the practice of respiratory care as delegated by a
104+4 licensed health care professional or other authorized
105+5 licensed personnel.
106+6 (2) Assembling equipment used in the practice of
107+7 respiratory care as delegated by a licensed health care
108+8 professional or other authorized licensed personnel.
109+9 (3) Collecting and reviewing patient data through
110+10 non-invasive means, provided that the collection and
111+11 review does not include the individual's interpretation of
112+12 the clinical significance of the data. Collecting and
113+13 reviewing patient data includes the performance of pulse
114+14 oximetry and non-invasive monitoring procedures in order
115+15 to obtain vital signs and notification to licensed health
116+16 care professionals and other authorized licensed personnel
117+17 in a timely manner.
118+18 (4) Maintaining a nasal cannula or face mask for
119+19 oxygen therapy in the proper position on the patient's
120+20 face.
121+21 (5) Assembling a nasal cannula or face mask for oxygen
122+22 therapy at patient bedside in preparation for use.
123+23 (6) Maintaining a patient's natural airway by
124+24 physically manipulating the jaw and neck, suctioning the
125+25 oral cavity, or suctioning the mouth or nose with a bulb
126+26 syringe.
165127
166128
167129
168130
169131
170- SB2494 Engrossed - 5 - LRB104 09451 AAS 19511 b
132+ SB2494 - 3 - LRB104 09451 AAS 19511 b
171133
172134
173-SB2494 Engrossed- 6 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 6 - LRB104 09451 AAS 19511 b
174- SB2494 Engrossed - 6 - LRB104 09451 AAS 19511 b
175-1 Practice Act of 1987 in accordance with a written
176-2 collaborative agreement with a physician licensed to practice
177-3 medicine in all of its branches.
178-4 (12) (11) "Advanced practice registered nurse" means an
179-5 advanced practice registered nurse licensed to practice under
180-6 the Nurse Practice Act.
181-7 (Source: P.A. 102-940, eff. 1-1-23.)
182-8 (225 ILCS 5/3.5 new)
183-9 Sec. 3.5. Address of record; email address of record. All
184-10 applicants and licensees shall:
185-11 (1) provide a valid address and email address to the
186-12 Department, which shall serve as the address of record and
187-13 email address of record, respectively, at the time of
188-14 application for licensure or renewal of a license; and
189-15 (2) inform the Department of any change of address of
190-16 record or email address of record within 14 days after
191-17 such change either through the Department's website or by
192-18 contacting the Department's licensure maintenance unit.
193-19 (225 ILCS 5/4) (from Ch. 111, par. 7604)
194-20 (Section scheduled to be repealed on January 1, 2026)
195-21 Sec. 4. Licensure; exempt activities. No person shall
196-22 provide any of the services set forth in subsection (4) of
197-23 Section 3 of this Act, or use the title "athletic trainer",
198-24 "certified athletic trainer", "athletic trainer certified", or
135+SB2494- 4 -LRB104 09451 AAS 19511 b SB2494 - 4 - LRB104 09451 AAS 19511 b
136+ SB2494 - 4 - LRB104 09451 AAS 19511 b
137+1 (7) Performing assisted ventilation during emergency
138+2 resuscitation using a manual resuscitator.
139+3 (8) Using a manual resuscitator at the direction of a
140+4 licensed health care professional or other authorized
141+5 licensed personnel who is present and performing routine
142+6 airway suctioning. These activities do not include care of
143+7 a patient's artificial airway or the adjustment of
144+8 mechanical ventilator settings while a patient is
145+9 connected to the ventilator.
146+10 "Basic respiratory care activities" does not mean
147+11 activities that involve any of the following:
148+12 (1) Specialized knowledge that results from a course
149+13 of education or training in respiratory care.
150+14 (2) An unreasonable risk of a negative outcome for the
151+15 patient.
152+16 (3) The assessment or making of a decision concerning
153+17 patient care.
154+18 (4) The administration of aerosol medication or
155+19 medical gas.
156+20 (5) The insertion and maintenance of an artificial
157+21 airway.
158+22 (6) Mechanical ventilatory support.
159+23 (7) Patient assessment.
160+24 (8) Patient education.
161+25 (9) The transferring of oxygen devices, for purposes
162+26 of patient transport, with a liter flow greater than 6
199163
200164
201165
202166
203167
204- SB2494 Engrossed - 6 - LRB104 09451 AAS 19511 b
168+ SB2494 - 4 - LRB104 09451 AAS 19511 b
205169
206170
207-SB2494 Engrossed- 7 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 7 - LRB104 09451 AAS 19511 b
208- SB2494 Engrossed - 7 - LRB104 09451 AAS 19511 b
209-1 "licensed athletic trainer" or the letters "LAT", "L.A.T.",
210-2 "A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after the
211-3 athletic trainer's name, unless licensed under this Act.
212-4 Nothing in this Act shall be construed as preventing or
213-5 restricting the practice, services, or activities of:
214-6 (1) Any person licensed or registered in this State by
215-7 any other law from engaging in the profession or
216-8 occupation for which the person he or she is licensed or
217-9 registered.
218-10 (2) Any person employed as an athletic trainer by the
219-11 Government of the United States, if such person provides
220-12 athletic training solely under the direction or control of
221-13 the organization by which the person he or she is
222-14 employed.
223-15 (3) Any person pursuing a course of study leading to a
224-16 degree in athletic training at an accredited educational
225-17 program if such activities and services constitute a part
226-18 of a supervised course of study involving daily personal
227-19 or verbal contact at the site of supervision between the
228-20 athletic training student and the licensed athletic
229-21 trainer who plans, directs, advises, and evaluates the
230-22 student's athletic training clinical education. The
231-23 supervising licensed athletic trainer must be on-site
232-24 where the athletic training clinical education is being
233-25 obtained. A person meeting the criteria under this
234-26 paragraph (3) must be designated by a title which clearly
171+SB2494- 5 -LRB104 09451 AAS 19511 b SB2494 - 5 - LRB104 09451 AAS 19511 b
172+ SB2494 - 5 - LRB104 09451 AAS 19511 b
173+1 liters per minute, and the transferring of oxygen devices
174+2 at any liter flow being delivered to patients less than 12
175+3 years of age.
176+4 "Department" means the Department of Financial and
177+5 Professional Regulation.
178+6 "Email address of record" means the designated email
179+7 address recorded by the Department in the applicant's or
180+8 licensee's application file or license file as maintained by
181+9 the Department's licensure maintenance unit.
182+10 "Licensed" means that which is required to hold oneself
183+11 out as a respiratory care practitioner as defined in this Act.
184+12 "Licensed health care professional" means a physician
185+13 licensed to practice medicine in all its branches, a licensed
186+14 advanced practice registered nurse, or a licensed physician
187+15 assistant.
188+16 "Order" means a written, oral, or telecommunicated
189+17 authorization for respiratory care services for a patient by
190+18 (i) a licensed health care professional who maintains medical
191+19 supervision of the patient and makes a diagnosis or verifies
192+20 that the patient's condition is such that it may be treated by
193+21 a respiratory care practitioner or (ii) a certified registered
194+22 nurse anesthetist in a licensed hospital or ambulatory
195+23 surgical treatment center.
196+24 "Other authorized licensed personnel" means a licensed
197+25 respiratory care practitioner, a licensed registered nurse, or
198+26 a licensed practical nurse whose scope of practice authorizes
235199
236200
237201
238202
239203
240- SB2494 Engrossed - 7 - LRB104 09451 AAS 19511 b
204+ SB2494 - 5 - LRB104 09451 AAS 19511 b
241205
242206
243-SB2494 Engrossed- 8 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 8 - LRB104 09451 AAS 19511 b
244- SB2494 Engrossed - 8 - LRB104 09451 AAS 19511 b
245-1 indicates the person's his or her status as a student.
246-2 (4) (Blank).
247-3 (5) The practice of athletic training under the
248-4 supervision of a licensed athletic trainer by one who has
249-5 applied in writing to the Department for licensure and has
250-6 complied with all the provisions of Section 9 except the
251-7 passing of the examination to be eligible to receive such
252-8 license. This temporary right to act as an athletic
253-9 trainer shall expire 3 months after the filing of a
254-10 person's his or her written application to the Department;
255-11 when the applicant has been notified of the applicant's
256-12 his or her failure to pass the examination authorized by
257-13 the Department; when the applicant has withdrawn the
258-14 applicant's his or her application; when the applicant has
259-15 received a license from the Department after successfully
260-16 passing the examination authorized by the Department; or
261-17 when the applicant has been notified by the Department to
262-18 cease and desist from practicing, whichever occurs first.
263-19 This provision shall not apply to an applicant who has
264-20 previously failed the examination.
265-21 (6) Any person in a coaching position from rendering
266-22 emergency care on an as needed basis to the athletes under
267-23 the person's his or her supervision when a licensed
268-24 athletic trainer is not available.
269-25 (7) Any person who is an athletic trainer from another
270-26 state or territory of the United States or another nation,
207+SB2494- 6 -LRB104 09451 AAS 19511 b SB2494 - 6 - LRB104 09451 AAS 19511 b
208+ SB2494 - 6 - LRB104 09451 AAS 19511 b
209+1 the professional to supervise an individual who is not
210+2 licensed, certified, or registered as a health professional.
211+3 "Proximate supervision" means a situation in which an
212+4 individual is responsible for directing the actions of another
213+5 individual in the facility and is physically close enough to
214+6 be readily available, if needed, by the supervised individual.
215+7 "Respiratory care" and "cardiorespiratory care" mean
216+8 preventative services, evaluation and assessment services,
217+9 therapeutic services, cardiopulmonary disease management, and
218+10 rehabilitative services under the order of a licensed health
219+11 care professional for an individual with a disorder, disease,
220+12 or abnormality of the cardiopulmonary system. These terms
221+13 include, but are not limited to, measuring, observing,
222+14 assessing, and monitoring signs and symptoms, reactions,
223+15 general behavior, and general physical response of individuals
224+16 to respiratory care services, including the determination of
225+17 whether those signs, symptoms, reactions, behaviors, or
226+18 general physical responses exhibit abnormal characteristics;
227+19 the administration of pharmacological and therapeutic agents
228+20 and procedures related to respiratory care services; the
229+21 administration of vaccinations for the prevention of
230+22 respiratory illness upon completion of training set forth by
231+23 rule, limited to patients 18 years of age and older pursuant to
232+24 a valid prescription or standing order by a physician licensed
233+25 to practice medicine in all its branches who, in the course of
234+26 professional practice, administers vaccines to patients; the
271235
272236
273237
274238
275239
276- SB2494 Engrossed - 8 - LRB104 09451 AAS 19511 b
240+ SB2494 - 6 - LRB104 09451 AAS 19511 b
277241
278242
279-SB2494 Engrossed- 9 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 9 - LRB104 09451 AAS 19511 b
280- SB2494 Engrossed - 9 - LRB104 09451 AAS 19511 b
281-1 state, or territory acting as an athletic trainer while
282-2 performing the person's his or her duties for the his or
283-3 her respective non-Illinois based team or organization, so
284-4 long as the person's duties are restricted to the
285-5 respective he or she restricts his or her duties to his or
286-6 her team or organization during the course of the his or
287-7 her team's or organization's stay in this State. For the
288-8 purposes of this Act, a team shall be considered based in
289-9 Illinois if its home contests are held in Illinois,
290-10 regardless of the location of the team's administrative
291-11 offices.
292-12 (8) The practice of athletic training by persons
293-13 licensed in another state who have applied in writing to
294-14 the Department for licensure by endorsement. This
295-15 temporary right to act as an athletic trainer shall expire
296-16 6 months after the filing of such person's his or her
297-17 written application to the Department; upon the withdrawal
298-18 of the application for licensure under this Act; upon
299-19 delivery of a notice of intent to deny the application
300-20 from the Department; or upon the denial of the application
301-21 by the Department, whichever occurs first.
302-22 (9) The practice of athletic training by one who has
303-23 applied in writing to the Department for licensure and has
304-24 complied with all the provisions of Section 9. This
305-25 temporary right to act as an athletic trainer shall expire
306-26 6 months after the filing of that individual's his or her
243+SB2494- 7 -LRB104 09451 AAS 19511 b SB2494 - 7 - LRB104 09451 AAS 19511 b
244+ SB2494 - 7 - LRB104 09451 AAS 19511 b
245+1 collection of blood specimens and other bodily fluids and
246+2 tissues for, and the performance of, cardiopulmonary
247+3 diagnostic testing procedures, including, but not limited to,
248+4 blood gas analysis; development, implementation, and
249+5 modification of respiratory care treatment plans and provision
250+6 of education and skill training to patients and caregivers
251+7 based on assessed abnormalities of the cardiopulmonary system,
252+8 respiratory care guidelines, referrals, and orders of a
253+9 licensed health care professional; application, operation, and
254+10 management of mechanical ventilatory support and other means
255+11 of life support, including, but not limited to, hemodynamic
256+12 cardiovascular support; and the initiation of emergency
257+13 procedures under the rules promulgated by the Department. The
258+14 Department shall adopt any rules necessary to implement this
259+15 Section, including training and education requirements
260+16 regarding vaccinations, which includes, but is not limited to,
261+17 how to address contraindications and adverse reactions,
262+18 appropriate vaccine storage, proper administration, the
263+19 provision of written notice to the patient's physician, and
264+20 record retention requirements. A respiratory care practitioner
265+21 shall refer to a licensed health care professional physician
266+22 licensed to practice medicine in all its branches any patient
267+23 whose condition, at the time of evaluation or treatment, is
268+24 determined to be beyond the scope of practice of the
269+25 respiratory care practitioner.
270+26 "Respiratory care education program" means a course of
307271
308272
309273
310274
311275
312- SB2494 Engrossed - 9 - LRB104 09451 AAS 19511 b
276+ SB2494 - 7 - LRB104 09451 AAS 19511 b
313277
314278
315-SB2494 Engrossed- 10 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 10 - LRB104 09451 AAS 19511 b
316- SB2494 Engrossed - 10 - LRB104 09451 AAS 19511 b
317-1 written application to the Department; upon the withdrawal
318-2 of the application for licensure under this Act; upon
319-3 delivery of a notice of intent to deny the application
320-4 from the Department; or upon the denial of the application
321-5 by the Department, whichever occurs first.
322-6 (10) The practice of athletic training by persons
323-7 actively licensed as an athletic trainer in another state
324-8 or territory of the United States or another country, or
325-9 currently certified by the Board of Certification, or its
326-10 successor entity, at a special athletic tournament or
327-11 event conducted by a sanctioned amateur athletic
328-12 organization for no more than 14 days. This shall not
329-13 include contests or events that are part of a scheduled
330-14 series of regular season events.
331-15 (11) Aides from performing patient care activities
332-16 under the on-site supervision of a licensed athletic
333-17 trainer. These patient care activities shall not include
334-18 interpretation of referrals or evaluation procedures,
335-19 planning or major modifications of patient programs,
336-20 administration of medication, or solo practice or event
337-21 coverage without immediate access to a licensed athletic
338-22 trainer.
339-23 (12) (Blank).
340-24 (Source: P.A. 102-940, eff. 1-1-23; 103-154, eff. 6-30-23.)
341-25 (225 ILCS 5/5) (from Ch. 111, par. 7605)
279+SB2494- 8 -LRB104 09451 AAS 19511 b SB2494 - 8 - LRB104 09451 AAS 19511 b
280+ SB2494 - 8 - LRB104 09451 AAS 19511 b
281+1 academic study leading to eligibility for registry or
282+2 certification in respiratory care. The training is to be
283+3 approved by an accrediting agency recognized by the Board and
284+4 shall include an evaluation of competence through a
285+5 standardized testing mechanism that is determined by the Board
286+6 to be both valid and reliable.
287+7 "Respiratory care practitioner" means a person who is
288+8 licensed by the Department of Professional Regulation and
289+9 meets all of the following criteria:
290+10 (1) The person is engaged in the practice of
291+11 cardiorespiratory care and has the knowledge and skill
292+12 necessary to administer respiratory care.
293+13 (2) The person is capable of serving as a resource to
294+14 the licensed health care professional in relation to the
295+15 technical aspects of cardiorespiratory care and the safe
296+16 and effective methods for administering cardiorespiratory
297+17 care modalities.
298+18 (3) The person is able to function in situations of
299+19 unsupervised patient contact requiring great individual
300+20 judgment.
301+21 "Secretary" means the Secretary of Financial and
302+22 Professional Regulation.
303+23 (Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;
304+24 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
305+25 (225 ILCS 106/12 new)
342306
343307
344308
345309
346310
347- SB2494 Engrossed - 10 - LRB104 09451 AAS 19511 b
311+ SB2494 - 8 - LRB104 09451 AAS 19511 b
348312
349313
350-SB2494 Engrossed- 11 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 11 - LRB104 09451 AAS 19511 b
351- SB2494 Engrossed - 11 - LRB104 09451 AAS 19511 b
352-1 (Section scheduled to be repealed on January 1, 2026)
353-2 Sec. 5. Administration of Act; rules and forms.
354-3 (a) The Department shall exercise the powers and duties
355-4 prescribed by the Civil Administrative Code of Illinois for
356-5 the administration of Licensure Acts and shall exercise such
357-6 other powers and duties necessary for effectuating the
358-7 purposes of this Act.
359-8 (b) The Department Secretary may adopt promulgate rules
360-9 consistent with the provisions of this Act for the
361-10 administration and enforcement thereof, and for the payment of
362-11 fees connected therewith, and may prescribe forms which shall
363-12 be issued in connection therewith. The rules may include
364-13 standards and criteria for licensure, certification, and
365-14 professional conduct and discipline. The Department may
366-15 consult with the Board in promulgating rules.
367-16 (c) (Blank). The Department may at any time seek the
368-17 advice and the expert knowledge of the Board on any matter
369-18 relating to the administration of this Act.
370-19 (d) (Blank).
371-20 (Source: P.A. 99-469, eff. 8-26-15.)
372-21 (225 ILCS 5/8) (from Ch. 111, par. 7608)
373-22 (Section scheduled to be repealed on January 1, 2026)
374-23 Sec. 8. Examinations. If an applicant neglects, fails, or
375-24 refuses to take an examination or fails to pass an examination
376-25 for licensure under this Act within 3 years after filing an his
314+SB2494- 9 -LRB104 09451 AAS 19511 b SB2494 - 9 - LRB104 09451 AAS 19511 b
315+ SB2494 - 9 - LRB104 09451 AAS 19511 b
316+1 Sec. 12. Address of record; email address of record. All
317+2 applicants and licensees shall:
318+3 (1) provide a valid address and email address to the
319+4 Department, which shall serve as the address of record and
320+5 email address of record, respectively, at the time of
321+6 application for licensure or renewal of a license; and
322+7 (2) inform the Department of any change of address of
323+8 record or email address of record within 14 days after the
324+9 change either through the Department's website or by
325+10 contacting the Department's licensure maintenance unit.
326+11 (225 ILCS 106/15)
327+12 (Section scheduled to be repealed on January 1, 2026)
328+13 Sec. 15. Exemptions.
329+14 (a) This Act does not prohibit a person legally regulated
330+15 in this State by any other Act from engaging in any practice
331+16 for which that person he or she is authorized.
332+17 (b) Nothing in this Act shall prohibit the practice of
333+18 respiratory care by a person who is employed by the United
334+19 States government or any bureau, division, or agency thereof
335+20 while in the discharge of the employee's official duties.
336+21 (c) Nothing in this Act shall be construed to limit the
337+22 activities and services of a person enrolled in an approved
338+23 course of study leading to a degree or certificate of registry
339+24 or certification eligibility in respiratory care if these
340+25 activities and services constitute a part of a supervised
377341
378342
379343
380344
381345
382- SB2494 Engrossed - 11 - LRB104 09451 AAS 19511 b
346+ SB2494 - 9 - LRB104 09451 AAS 19511 b
383347
384348
385-SB2494 Engrossed- 12 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 12 - LRB104 09451 AAS 19511 b
386- SB2494 Engrossed - 12 - LRB104 09451 AAS 19511 b
387-1 or her application, the application shall be denied. The
388-2 applicant may thereafter make a new application accompanied by
389-3 the required fee; however, the applicant shall meet all
390-4 requirements in effect at the time of subsequent application
391-5 before obtaining licensure.
392-6 The Department may employ consultants for the purposes of
393-7 preparing and conducting examinations.
394-8 (Source: P.A. 99-469, eff. 8-26-15.)
395-9 (225 ILCS 5/9) (from Ch. 111, par. 7609)
396-10 (Section scheduled to be repealed on January 1, 2026)
397-11 Sec. 9. Qualifications for licensure. A person shall be
398-12 qualified for licensure as an athletic trainer if the person
399-13 fulfills the following he or she fulfills all of the
400-14 following:
401-15 (a) Has graduated from a curriculum in athletic
402-16 training accredited by the Commission on Accreditation of
403-17 Athletic Training Education (CAATE), its successor entity,
404-18 or its equivalent, as approved by the Department.
405-19 (b) Gives proof of current certification, on the date
406-20 of application, in cardiopulmonary resuscitation (CPR) and
407-21 automated external defibrillators (AED) for Healthcare
408-22 Providers and Professional Rescuers or its equivalent
409-23 based on American Red Cross or American Heart Association
410-24 standards.
411-25 (b-5) Has graduated from a 4-year 4 year accredited
349+SB2494- 10 -LRB104 09451 AAS 19511 b SB2494 - 10 - LRB104 09451 AAS 19511 b
350+ SB2494 - 10 - LRB104 09451 AAS 19511 b
351+1 course of study and if the person is designated by a title
352+2 which clearly indicates the person's his or her status as a
353+3 student or trainee. Status as a student or trainee shall not
354+4 exceed 3 years from the date of enrollment in an approved
355+5 course for an approved associate's degree program or 5 years
356+6 for an approved bachelor's degree program.
357+7 (d) Nothing in this Act shall prohibit a person from
358+8 treating ailments by spiritual means through prayer alone in
359+9 accordance with the tenets and practices of a recognized
360+10 church or religious denomination.
361+11 (e) Nothing in this Act shall be construed to prevent a
362+12 person who is a registered nurse, an advanced practice
363+13 registered nurse, a licensed practical nurse, a physician
364+14 assistant, or a physician licensed to practice medicine in all
365+15 its branches from providing respiratory care.
366+16 (f) Nothing in this Act shall limit a person who is
367+17 credentialed by the National Society for Cardiopulmonary
368+18 Technology or the National Board for Respiratory Care from
369+19 performing pulmonary function tests and respiratory care
370+20 procedures related to the pulmonary function test. Individuals
371+21 who do not possess a license to practice respiratory care or a
372+22 license in another health care field may perform basic
373+23 screening spirometry limited to peak flow, forced vital
374+24 capacity, slow vital capacity, and maximum voluntary
375+25 ventilation if they possess spirometry certification from the
376+26 National Institute for Occupational Safety and Health, an
412377
413378
414379
415380
416381
417- SB2494 Engrossed - 12 - LRB104 09451 AAS 19511 b
382+ SB2494 - 10 - LRB104 09451 AAS 19511 b
418383
419384
420-SB2494 Engrossed- 13 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 13 - LRB104 09451 AAS 19511 b
421- SB2494 Engrossed - 13 - LRB104 09451 AAS 19511 b
422-1 college or university.
423-2 (c) Has passed an examination approved by the
424-3 Department to determine the person's his or her fitness
425-4 for practice as an athletic trainer, or is entitled to be
426-5 licensed without examination as provided in Section 13
427-6 Sections 7 and 8 of this Act.
428-7 (Source: P.A. 99-469, eff. 8-26-15.)
429-8 (225 ILCS 5/11) (from Ch. 111, par. 7611)
430-9 (Section scheduled to be repealed on January 1, 2026)
431-10 Sec. 11. Inactive licenses; restoration. Any athletic
432-11 trainer who notifies the Department in writing on forms
433-12 prescribed by the Department, may elect to place the athletic
434-13 trainer's his or her license on an inactive status and shall,
435-14 subject to the rules of the Department, be excused from
436-15 payment of renewal fees until he or she notifies the
437-16 Department is notified in writing of the athletic trainer's
438-17 his or her desire to resume active status.
439-18 Any athletic trainer requesting restoration from inactive
440-19 status shall be required to pay the current renewal fee, shall
441-20 demonstrate compliance with continuing education requirements,
442-21 if any, and shall be required to restore the athletic
443-22 trainer's his or her license as provided in Section 12.
444-23 Any athletic trainer whose license is in expired or
445-24 inactive status shall not practice athletic training in the
446-25 State of Illinois.
385+SB2494- 11 -LRB104 09451 AAS 19511 b SB2494 - 11 - LRB104 09451 AAS 19511 b
386+ SB2494 - 11 - LRB104 09451 AAS 19511 b
387+1 Office Spirometry Certificate from the American Association
388+2 for Respiratory Care, or other similarly accepted
389+3 certification training.
390+4 (g) Nothing in this Act shall prohibit the collection and
391+5 analysis of blood by clinical laboratory personnel meeting the
392+6 personnel standards of the Illinois Clinical Laboratory Act.
393+7 (h) Nothing in this Act shall prohibit a polysomnographic
394+8 technologist, technician, or trainee, as defined in the job
395+9 descriptions jointly accepted by the American Academy of Sleep
396+10 Medicine, the Association of Polysomnographic Technologists,
397+11 the Board of Registered Polysomnographic Technologists, and
398+12 the American Society of Electroneurodiagnostic Technologists,
399+13 from performing activities within the scope of practice of
400+14 polysomnographic technology while under the direction of a
401+15 physician licensed in this State.
402+16 (i) Nothing in this Act shall prohibit a family member
403+17 from providing respiratory care services to an ill person.
404+18 (j) Nothing in this Act shall be construed to limit an
405+19 unlicensed practitioner in a licensed hospital who is working
406+20 under the proximate supervision of a licensed health care
407+21 professional or other authorized licensed personnel and
408+22 providing direct patient care services from performing basic
409+23 respiratory care activities if the unlicensed practitioner (i)
410+24 has been trained to perform the basic respiratory care
411+25 activities at the facility that employs or contracts with the
412+26 individual and (ii) at a minimum, has annually received an
447413
448414
449415
450416
451417
452- SB2494 Engrossed - 13 - LRB104 09451 AAS 19511 b
418+ SB2494 - 11 - LRB104 09451 AAS 19511 b
453419
454420
455-SB2494 Engrossed- 14 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 14 - LRB104 09451 AAS 19511 b
456- SB2494 Engrossed - 14 - LRB104 09451 AAS 19511 b
457-1 (Source: P.A. 99-469, eff. 8-26-15.)
458-2 (225 ILCS 5/12) (from Ch. 111, par. 7612)
459-3 (Section scheduled to be repealed on January 1, 2026)
460-4 Sec. 12. Restoration of expired licenses. An athletic
461-5 trainer who has permitted the athletic trainer's his or her
462-6 license to expire or who has had a his or her license on
463-7 inactive status may have the his or her license restored by
464-8 making application to the Department and filing proof
465-9 acceptable to the Department of the athletic trainer's his or
466-10 her fitness to have the his or her license restored, and by
467-11 paying the required fees. Proof of fitness may include sworn
468-12 evidence certifying active lawful practice in another
469-13 jurisdiction.
470-14 If the athletic trainer has not maintained an active
471-15 practice in another jurisdiction satisfactory to the
472-16 Department, the Department shall determine, by an evaluation
473-17 program established by rule, the athletic trainer's his or her
474-18 fitness for restoration of the license and shall establish
475-19 procedures and requirements for restoration.
476-20 Any athletic trainer whose license has been expired for
477-21 more than 5 years may have the his or her license restored by
478-22 making application to the Department and filing proof
479-23 acceptable to the Department of the athletic trainer's his or
480-24 her fitness to have the his or her license restored, including
481-25 sworn evidence certifying to active practice in another
421+SB2494- 12 -LRB104 09451 AAS 19511 b SB2494 - 12 - LRB104 09451 AAS 19511 b
422+ SB2494 - 12 - LRB104 09451 AAS 19511 b
423+1 evaluation of the unlicensed practitioner's performance of
424+2 basic respiratory care activities documented by the facility.
425+3 (k) Nothing in this Act shall be construed to prohibit a
426+4 person enrolled in a respiratory care education program or an
427+5 approved course of study leading to a degree or certification
428+6 in a health care-related discipline that provides respiratory
429+7 care activities within the person's his or her scope of
430+8 practice and employed in a licensed hospital in order to
431+9 provide direct patient care services under the proximate
432+10 supervision direction of other authorized licensed personnel
433+11 from providing respiratory care activities.
434+12 (l) Nothing in this Act prohibits a person licensed as a
435+13 respiratory care practitioner in another jurisdiction from
436+14 providing respiratory care: (i) in a declared emergency in
437+15 this State; (ii) as a member of an organ procurement team; or
438+16 (iii) as part of a medical transport team that is transporting
439+17 a patient into or out of this State.
440+18 (Source: P.A. 99-230, eff. 8-3-15; 100-513, eff. 1-1-18.)
441+19 (225 ILCS 106/20)
442+20 (Section scheduled to be repealed on January 1, 2026)
443+21 Sec. 20. Restrictions and limitations.
444+22 (a) No person shall, without a valid license as a
445+23 respiratory care practitioner (i) hold oneself himself or
446+24 herself out to the public as a respiratory care practitioner;
447+25 (ii) use the title "respiratory care practitioner"; or (iii)
482448
483449
484450
485451
486452
487- SB2494 Engrossed - 14 - LRB104 09451 AAS 19511 b
453+ SB2494 - 12 - LRB104 09451 AAS 19511 b
488454
489455
490-SB2494 Engrossed- 15 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 15 - LRB104 09451 AAS 19511 b
491- SB2494 Engrossed - 15 - LRB104 09451 AAS 19511 b
492-1 jurisdiction and by paying the required restoration fee.
493-2 However, any athletic trainer whose license has expired while
494-3 he or she has been engaged (1) in the federal service in active
495-4 duty with the Army of the United States, the United States
496-5 Navy, the Marine Corps, the Air Force, the Coast Guard, or the
497-6 State Militia called into the service or training of the
498-7 United States of America, or (2) in training or education
499-8 under the supervision of the United States preliminary to
500-9 induction into the military service, may have the his or her
501-10 license restored without paying any lapsed renewal fees or
502-11 restoration fee, if within 2 years after termination of such
503-12 service, training, or education, other than by dishonorable
504-13 discharge, the Department is furnished with satisfactory
505-14 evidence to the effect that the licensee has been so engaged
506-15 and that the service, training, or education has been
507-16 terminated he or she furnished the Department with an
508-17 affidavit to the effect that he or she has been so engaged and
509-18 that his or her service, training, or education has been so
510-19 terminated.
511-20 (Source: P.A. 99-469, eff. 8-26-15.)
512-21 (225 ILCS 5/13) (from Ch. 111, par. 7613)
513-22 (Section scheduled to be repealed on January 1, 2026)
514-23 Sec. 13. Endorsement. The Department may, at its
515-24 discretion, license as an athletic trainer, without
516-25 examination, upon on payment of the required fee, an applicant
456+SB2494- 13 -LRB104 09451 AAS 19511 b SB2494 - 13 - LRB104 09451 AAS 19511 b
457+ SB2494 - 13 - LRB104 09451 AAS 19511 b
458+1 perform or offer to perform the duties of a respiratory care
459+2 practitioner, except as provided in Section 15 of this Act.
460+3 (b) Nothing in the Act shall be construed to permit a
461+4 person licensed as a respiratory care practitioner to engage
462+5 in any manner in the practice of medicine in all its branches
463+6 as defined by State law.
464+7 (Source: P.A. 99-230, eff. 8-3-15.)
465+8 (225 ILCS 106/22)
466+9 (Section scheduled to be repealed on January 1, 2026)
467+10 Sec. 22. Durable medical equipment use and training.
468+11 (a) Notwithstanding any other provision of this Act,
469+12 unlicensed or non-credentialed individuals who deliver
470+13 prescribed respiratory care equipment, including, but not
471+14 limited to, oxygen, oxygen concentrators, pulmonary hygiene
472+15 devices, aerosol compressors and generators, suction machines,
473+16 and positive airway pressure devices, may deliver, set up,
474+17 calibrate, and demonstrate the mechanical operation of a
475+18 specific piece of equipment to the patient, family, and
476+19 caregivers, with the exception of mechanical ventilators,
477+20 which only a licensed respiratory care practitioner or other
478+21 authorized licensed personnel operating within the licensed
479+22 respiratory care practitioner's or other authorized licensed
480+23 personnel's the scope of his or her scope of practice may
481+24 deliver and set up. Demonstration of the mechanical operation
482+25 of a specific piece of equipment includes demonstration of the
517483
518484
519485
520486
521487
522- SB2494 Engrossed - 15 - LRB104 09451 AAS 19511 b
488+ SB2494 - 13 - LRB104 09451 AAS 19511 b
523489
524490
525-SB2494 Engrossed- 16 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 16 - LRB104 09451 AAS 19511 b
526- SB2494 Engrossed - 16 - LRB104 09451 AAS 19511 b
527-1 for licensure who is an athletic trainer registered or
528-2 licensed under the laws of another jurisdiction if the
529-3 requirements pertaining to athletic trainers in such
530-4 jurisdiction were, at the date of the applicant's his or her
531-5 registration or licensure, substantially equal to the
532-6 requirements in force in Illinois on that date or equivalent
533-7 to the requirements of this Act.
534-8 An applicant for endorsement who has practiced for 10
535-9 consecutive years in another jurisdiction shall meet the
536-10 requirements for licensure by endorsement upon filing an
537-11 application on forms provided by the Department, paying the
538-12 required fee, and showing proof of licensure in another
539-13 jurisdiction for at least 10 consecutive years without
540-14 discipline by certified verification of licensure from the
541-15 jurisdiction in which the applicant practiced.
542-16 Applicants have 3 years from the date of application to
543-17 complete the application process. If the process has not been
544-18 completed in 3 years, the application shall be denied, the fee
545-19 forfeited and the applicant must reapply and meet the
546-20 requirements in effect at the time of reapplication.
547-21 (Source: P.A. 102-940, eff. 1-1-23.)
548-22 (225 ILCS 5/14) (from Ch. 111, par. 7614)
549-23 (Section scheduled to be repealed on January 1, 2026)
550-24 Sec. 14. Fees; returned checks. The fees for
551-25 administration and enforcement of this Act, including but not
491+SB2494- 14 -LRB104 09451 AAS 19511 b SB2494 - 14 - LRB104 09451 AAS 19511 b
492+ SB2494 - 14 - LRB104 09451 AAS 19511 b
493+1 on-off switches, emergency buttons, and alarm silence and
494+2 reset buttons, as appropriate. In order for unlicensed or
495+3 non-credentialed personnel to deliver, set up, calibrate, and
496+4 demonstrate a specific piece of equipment as allowed in this
497+5 subsection (a), the employer must document that the employee
498+6 has both received training and demonstrated competency using
499+7 the specific piece of equipment under the supervision of a
500+8 respiratory care practitioner licensed by this State or some
501+9 other licensed practitioner operating within the licensed
502+10 practitioner's his or her scope of practice.
503+11 Equipment demonstration is not to be interpreted as
504+12 teaching, administration, or performance of respiratory care.
505+13 Unlicensed or non-credentialed individuals may not attach the
506+14 equipment to the patient or instruct the patient, family, or
507+15 caregiver on the use of the equipment beyond the mechanical
508+16 functions of the device.
509+17 (b) Patients, family, and caregivers must be taught to use
510+18 the equipment for the intended clinical application by a
511+19 licensed respiratory care practitioner or other licensed
512+20 health care professional operating within the licensed
513+21 practitioner's his or her scope of practice. This instruction
514+22 may occur through follow-up after delivery, with an identical
515+23 model in the health care facility prior to discharge or with an
516+24 identical model at the medical supply office. Instructions to
517+25 the patient regarding the clinical use of equipment, patient
518+26 monitoring, patient assessment, or any other procedure used
552519
553520
554521
555522
556523
557- SB2494 Engrossed - 16 - LRB104 09451 AAS 19511 b
524+ SB2494 - 14 - LRB104 09451 AAS 19511 b
558525
559526
560-SB2494 Engrossed- 17 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 17 - LRB104 09451 AAS 19511 b
561- SB2494 Engrossed - 17 - LRB104 09451 AAS 19511 b
562-1 limited to original licensure, renewal, and restoration shall
563-2 be set by rule. The fees shall be non-refundable.
564-3 Any person who delivers a check or other payment to the
565-4 Department that is returned to the Department unpaid by the
566-5 financial institution upon which it is drawn shall pay to the
567-6 Department, in addition to the amount already owed to the
568-7 Department, a fine of $50.
569-8 The fines imposed by this Section are in addition to any
570-9 other discipline provided under this Act for unlicensed
571-10 practice or practice on a nonrenewed license. The Department
572-11 shall notify the person that payment of fees and fines shall be
573-12 paid to the Department by certified check or money order
574-13 within 30 calendar days of the notification. If, after the
575-14 expiration of 30 days from the date of the notification, the
576-15 person has failed to submit the necessary remittance, the
577-16 Department shall automatically terminate the license or
578-17 certificate or deny the application, without hearing. If,
579-18 after termination or denial, the person seeks a license or
580-19 certificate, the person he or she shall apply to the
581-20 Department for restoration or issuance of the license or
582-21 certificate and pay all fees and fines due to the Department.
583-22 The Department may establish a fee for the processing of an
584-23 application for restoration of a license or certificate to pay
585-24 all expenses of processing this application. The Secretary may
586-25 waive the fines due under this Section in individual cases
587-26 where the Secretary finds that the fines would be unreasonable
527+SB2494- 15 -LRB104 09451 AAS 19511 b SB2494 - 15 - LRB104 09451 AAS 19511 b
528+ SB2494 - 15 - LRB104 09451 AAS 19511 b
529+1 with the intent of evaluating the effectiveness of the
530+2 treatment must be performed by a respiratory care practitioner
531+3 licensed by this State or any other licensed practitioner
532+4 operating within the licensed practitioner's his or her scope
533+5 of practice.
534+6 (Source: P.A. 99-230, eff. 8-3-15.)
535+7 (225 ILCS 106/30)
536+8 (Section scheduled to be repealed on January 1, 2026)
537+9 Sec. 30. Powers and duties of the Department. Subject to
538+10 the provision of this Act, the Department may:
539+11 (a) Authorize examinations to ascertain the
540+12 qualifications and fitness of an applicant for licensure
541+13 as a respiratory care practitioner.
542+14 (b) Pass upon the qualifications of an applicant for
543+15 licensure by endorsement.
544+16 (c) Conduct hearings on proceedings to refuse to
545+17 issue, renew, or revoke a license or to suspend, place on
546+18 probation, or reprimand a license issued or applied for
547+19 under this Act.
548+20 (d) Formulate rules required for the administration of
549+21 this Act. Notice of proposed rulemaking shall be
550+22 transmitted to the Board, and the Department shall review
551+23 the Board's response and any recommendations made in the
552+24 response.
553+25 (e) Solicit the advice and expert knowledge of the
588554
589555
590556
591557
592558
593- SB2494 Engrossed - 17 - LRB104 09451 AAS 19511 b
559+ SB2494 - 15 - LRB104 09451 AAS 19511 b
594560
595561
596-SB2494 Engrossed- 18 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 18 - LRB104 09451 AAS 19511 b
597- SB2494 Engrossed - 18 - LRB104 09451 AAS 19511 b
598-1 or unnecessarily burdensome.
599-2 (Source: P.A. 99-469, eff. 8-26-15.)
600-3 (225 ILCS 5/16) (from Ch. 111, par. 7616)
601-4 (Section scheduled to be repealed on January 1, 2026)
602-5 Sec. 16. Grounds for discipline.
603-6 (1) The Department may refuse to issue or renew, or may
604-7 revoke, suspend, place on probation, reprimand, or take other
605-8 disciplinary or non-disciplinary action as the Department may
606-9 deem proper, including fines not to exceed $10,000 for each
607-10 violation, with regard to any licensee for any one or
608-11 combination of the following:
609-12 (A) Material misstatement in furnishing information to
610-13 the Department;
611-14 (B) Violations of this Act, or of the rules or
612-15 regulations promulgated hereunder;
613-16 (C) Conviction of or plea of guilty to any crime under
614-17 the Criminal Code of 2012 or the laws of any jurisdiction
615-18 of the United States that is (i) a felony, (ii) a
616-19 misdemeanor, an essential element of which is dishonesty,
617-20 or (iii) of any crime that is directly related to the
618-21 practice of the profession;
619-22 (D) Fraud or any misrepresentation in applying for or
620-23 procuring a license under this Act, or in connection with
621-24 applying for renewal of a license under this Act;
622-25 (E) Professional incompetence or gross negligence;
562+SB2494- 16 -LRB104 09451 AAS 19511 b SB2494 - 16 - LRB104 09451 AAS 19511 b
563+ SB2494 - 16 - LRB104 09451 AAS 19511 b
564+1 Board on any matter relating to the administration and
565+2 enforcement of this Act.
566+3 (f) (Blank).
567+4 (g) (Blank). Maintain a roster of the names and
568+5 addresses of all licenses and all persons whose licenses
569+6 have been suspended, revoked, or denied renewal for cause
570+7 within the previous calendar year. The roster shall be
571+8 available upon written request and payment of the required
572+9 fee.
573+10 (Source: P.A. 99-230, eff. 8-3-15.)
574+11 (225 ILCS 106/35)
575+12 (Section scheduled to be repealed on January 1, 2026)
576+13 Sec. 35. Respiratory Care Board.
577+14 (a) The Secretary shall appoint a Respiratory Care Board
578+15 which shall serve in an advisory capacity to the Secretary.
579+16 The Board shall consist of 5 7 persons of which 3 4 members
580+17 shall be currently engaged in the practice of respiratory care
581+18 with a minimum of 3 years practice in the State of Illinois,
582+19 one member shall be a qualified medical director, and one
583+20 member 2 members shall be a hospital administrator
584+21 administrators.
585+22 (b) Members shall be appointed to a 4-year term. A member
586+23 whose term has expired shall continue to serve until his or her
587+24 successor is appointed and qualified. No member shall be
588+25 reappointed to the Board for a term that would cause his or her
623589
624590
625591
626592
627593
628- SB2494 Engrossed - 18 - LRB104 09451 AAS 19511 b
594+ SB2494 - 16 - LRB104 09451 AAS 19511 b
629595
630596
631-SB2494 Engrossed- 19 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 19 - LRB104 09451 AAS 19511 b
632- SB2494 Engrossed - 19 - LRB104 09451 AAS 19511 b
633-1 (F) Malpractice;
634-2 (G) Aiding or assisting another person, firm,
635-3 partnership, or corporation in violating any provision of
636-4 this Act or rules;
637-5 (H) Failing, within 60 days, to provide information in
638-6 response to a written request made by the Department;
639-7 (I) Engaging in dishonorable, unethical, or
640-8 unprofessional conduct of a character likely to deceive,
641-9 defraud or harm the public;
642-10 (J) Habitual or excessive use or abuse of drugs
643-11 defined in law as controlled substances, alcohol, or any
644-12 other substance that results in the inability to practice
645-13 with reasonable judgment, skill, or safety;
646-14 (K) Discipline by another state, unit of government,
647-15 government agency, the District of Columbia, territory, or
648-16 foreign nation, if at least one of the grounds for the
649-17 discipline is the same or substantially equivalent to
650-18 those set forth herein;
651-19 (L) Directly or indirectly giving to or receiving from
652-20 any person, firm, corporation, partnership, or association
653-21 any fee, commission, rebate, or other form of compensation
654-22 for any professional services not actually or personally
655-23 rendered. Nothing in this subparagraph (L) affects any
656-24 bona fide independent contractor or employment
657-25 arrangements among health care professionals, health
658-26 facilities, health care providers, or other entities,
597+SB2494- 17 -LRB104 09451 AAS 19511 b SB2494 - 17 - LRB104 09451 AAS 19511 b
598+ SB2494 - 17 - LRB104 09451 AAS 19511 b
599+1 continuous service on the Board to be longer than 10 years.
600+2 Appointments to fill vacancies shall be made in the same
601+3 manner as original appointments for the unexpired portion of
602+4 the vacated term.
603+5 (c) The membership of the Board shall reasonably represent
604+6 all the geographic areas in this State. The Secretary shall
605+7 consider the recommendations of the organization representing
606+8 the largest number of respiratory care practitioners for
607+9 appointment of the respiratory care practitioner members of
608+10 the Board and the organization representing the largest number
609+11 of physicians licensed to practice medicine in all its
610+12 branches for the appointment of the medical director to the
611+13 Board.
612+14 (d) The Secretary has the authority to remove any member
613+15 of the Board for cause at any time before the expiration of his
614+16 or her term. The Secretary shall be the sole arbiter of cause.
615+17 (e) The Secretary shall consider the recommendations of
616+18 the Board on questions involving standards of professional
617+19 conduct, discipline, and qualifications of candidates for
618+20 licensure under this Act.
619+21 (f) The members of the Board shall be reimbursed for all
620+22 legitimate and necessary expenses incurred in attending
621+23 meetings of the Board.
622+24 (g) A majority of the current members of Four members of
623+25 the Board shall constitute a quorum. A vacancy in the
624+26 membership of the Board shall not impair the right of a quorum
659625
660626
661627
662628
663629
664- SB2494 Engrossed - 19 - LRB104 09451 AAS 19511 b
630+ SB2494 - 17 - LRB104 09451 AAS 19511 b
665631
666632
667-SB2494 Engrossed- 20 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 20 - LRB104 09451 AAS 19511 b
668- SB2494 Engrossed - 20 - LRB104 09451 AAS 19511 b
669-1 except as otherwise prohibited by law. Any employment
670-2 arrangements may include provisions for compensation,
671-3 health insurance, pension, or other employment benefits
672-4 for the provision of services within the scope of the
673-5 licensee's practice under this Act. Nothing in this
674-6 subparagraph (L) shall be construed to require an
675-7 employment arrangement to receive professional fees for
676-8 services rendered;
677-9 (M) A finding by the Department that the licensee
678-10 after having the licensee's his or her license disciplined
679-11 has violated the terms of probation;
680-12 (N) Abandonment of an athlete;
681-13 (O) Willfully making or filing false records or
682-14 reports in the person's his or her practice, including but
683-15 not limited to false records filed with State agencies or
684-16 departments;
685-17 (P) Willfully failing to report an instance of
686-18 suspected child abuse or neglect as required by the Abused
687-19 and Neglected Child Reporting Act;
688-20 (Q) Physical illness, including but not limited to
689-21 deterioration through the aging process, or loss of motor
690-22 skill that results in the inability to practice the
691-23 profession with reasonable judgment, skill, or safety;
692-24 (R) Solicitation of professional services other than
693-25 by permitted institutional policy;
694-26 (S) The use of any words, abbreviations, figures or
633+SB2494- 18 -LRB104 09451 AAS 19511 b SB2494 - 18 - LRB104 09451 AAS 19511 b
634+ SB2494 - 18 - LRB104 09451 AAS 19511 b
635+1 to exercise all of the rights and perform all of the duties of
636+2 the Board.
637+3 (h) Members of the Board shall be immune from suit in any
638+4 action based upon any disciplinary proceedings or other
639+5 activities performed as members of the Board, except for
640+6 willful and wanton misconduct.
641+7 (Source: P.A. 99-230, eff. 8-3-15.)
642+8 (225 ILCS 106/42)
643+9 (Section scheduled to be repealed on January 1, 2026)
644+10 Sec. 42. Social Security Number or Individual Taxpayer
645+11 Identification Number on license application. In addition to
646+12 any other information required to be contained in the
647+13 application, every application for an original license under
648+14 this Act shall include the applicant's Social Security Number
649+15 or Individual Taxpayer Identification Number, which shall be
650+16 retained in the agency's records pertaining to the license. As
651+17 soon as practical, the Department shall assign a customer's
652+18 identification number to each applicant for a license.
653+19 Every application for a renewal or restored license shall
654+20 require the applicant's customer identification number.
655+21 (Source: P.A. 97-400, eff. 1-1-12.)
656+22 (225 ILCS 106/50)
657+23 (Section scheduled to be repealed on January 1, 2026)
658+24 Sec. 50. Qualifications for a license.
695659
696660
697661
698662
699663
700- SB2494 Engrossed - 20 - LRB104 09451 AAS 19511 b
664+ SB2494 - 18 - LRB104 09451 AAS 19511 b
701665
702666
703-SB2494 Engrossed- 21 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 21 - LRB104 09451 AAS 19511 b
704- SB2494 Engrossed - 21 - LRB104 09451 AAS 19511 b
705-1 letters with the intention of indicating practice as an
706-2 athletic trainer without a valid license as an athletic
707-3 trainer under this Act;
708-4 (T) The evaluation or treatment of ailments of human
709-5 beings other than by the practice of athletic training as
710-6 defined in this Act or the treatment of injuries of
711-7 athletes by a licensed athletic trainer except by the
712-8 referral of a physician, physician assistant, advanced
713-9 practice registered nurse, podiatric physician, or
714-10 dentist;
715-11 (U) Willfully violating or knowingly assisting in the
716-12 violation of any law of this State relating to the use of
717-13 habit-forming drugs;
718-14 (V) Willfully violating or knowingly assisting in the
719-15 violation of any law of this State relating to the
720-16 practice of abortion;
721-17 (W) Continued practice by a person knowingly having an
722-18 infectious communicable or contagious disease;
723-19 (X) Being named as a perpetrator in an indicated
724-20 report by the Department of Children and Family Services
725-21 pursuant to the Abused and Neglected Child Reporting Act
726-22 and upon proof by clear and convincing evidence that the
727-23 licensee has caused a child to be an abused child or
728-24 neglected child as defined in the Abused and Neglected
729-25 Child Reporting Act;
730-26 (X-5) Failure to provide a monthly report on the
667+SB2494- 19 -LRB104 09451 AAS 19511 b SB2494 - 19 - LRB104 09451 AAS 19511 b
668+ SB2494 - 19 - LRB104 09451 AAS 19511 b
669+1 (a) A person is qualified to be licensed as a licensed
670+2 respiratory care practitioner, and the Department may issue a
671+3 license authorizing the practice of respiratory care to an
672+4 applicant who:
673+5 (1) has applied in writing or electronically on the
674+6 prescribed form and has paid the required fee;
675+7 (2) has successfully completed a respiratory care
676+8 training program approved by the Department;
677+9 (3) has successfully passed an examination for the
678+10 practice of respiratory care authorized by the Department,
679+11 within 5 years of making application; and
680+12 (4) has paid the fees required by this Act.
681+13 Any person who has received certification by any state or
682+14 national organization whose standards are accepted by the
683+15 Department as being substantially similar to the standards in
684+16 this Act may apply for a respiratory care practitioner license
685+17 without examination.
686+18 (b) Beginning 6 months after December 31, 2005, all
687+19 individuals who provide satisfactory evidence to the
688+20 Department of 3 years of experience, with a minimum of 400
689+21 hours per year, in the practice of respiratory care during the
690+22 5 years immediately preceding December 31, 2005 shall be
691+23 issued a license, unless the license may be denied under
692+24 Section 95 of this Act. This experience must have been
693+25 obtained while under the supervision of a certified
694+26 respiratory therapist, a registered respiratory therapist, or
731695
732696
733697
734698
735699
736- SB2494 Engrossed - 21 - LRB104 09451 AAS 19511 b
700+ SB2494 - 19 - LRB104 09451 AAS 19511 b
737701
738702
739-SB2494 Engrossed- 22 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 22 - LRB104 09451 AAS 19511 b
740- SB2494 Engrossed - 22 - LRB104 09451 AAS 19511 b
741-1 patient's progress to the referring physician, physician
742-2 assistant, advanced practice registered nurse, podiatric
743-3 physician, or dentist;
744-4 (Y) (Blank);
745-5 (Z) Failure to fulfill continuing education
746-6 requirements;
747-7 (AA) Allowing one's license under this Act to be used
748-8 by an unlicensed person in violation of this Act;
749-9 (BB) Practicing under a false or, except as provided
750-10 by law, assumed name;
751-11 (CC) Promotion of the sale of drugs, devices,
752-12 appliances, or goods provided in any manner to exploit the
753-13 client for the financial gain of the licensee;
754-14 (DD) Gross, willful, or continued overcharging for
755-15 professional services;
756-16 (EE) Mental illness or disability that results in the
757-17 inability to practice under this Act with reasonable
758-18 judgment, skill, or safety;
759-19 (FF) Cheating on or attempting to subvert the
760-20 licensing examination administered under this Act;
761-21 (GG) Violation of the Health Care Worker Self-Referral
762-22 Act; or
763-23 (HH) Failure by a supervising athletic trainer of an
764-24 aide to maintain contact, including personal supervision
765-25 and instruction, to ensure the safety and welfare of an
766-26 athlete.
703+SB2494- 20 -LRB104 09451 AAS 19511 b SB2494 - 20 - LRB104 09451 AAS 19511 b
704+ SB2494 - 20 - LRB104 09451 AAS 19511 b
705+1 a licensed registered nurse or under the supervision or
706+2 direction of a licensed health care professional. All
707+3 applications for a license under this subsection (b) shall be
708+4 postmarked within 12 months after December 31, 2005.
709+5 (c) A person may practice as a respiratory care
710+6 practitioner if he or she has applied in writing to the
711+7 Department in form and substance satisfactory to the
712+8 Department for a license as a licensed respiratory care
713+9 practitioner and has complied with all the provisions under
714+10 this Section except for the passing of an examination to be
715+11 eligible to receive such license, until the Department has
716+12 made the decision that the applicant has failed to pass the
717+13 next available examination authorized by the Department or has
718+14 failed, without an approved excuse, to take the next available
719+15 examination authorized by the Department or until the
720+16 withdrawal of the application, but not to exceed 6 months. An
721+17 applicant practicing professional registered respiratory care
722+18 under this subsection (c) who passes the examination, however,
723+19 may continue to practice under this subsection (c) until such
724+20 time as he or she receives his or her license to practice or
725+21 until the Department notifies him or her that the license has
726+22 been denied. No applicant for licensure practicing under the
727+23 provisions of this subsection (c) shall practice professional
728+24 respiratory care except under the proximate direct supervision
729+25 of a licensed health care professional or authorized licensed
730+26 personnel. In no instance shall any such applicant practice or
767731
768732
769733
770734
771735
772- SB2494 Engrossed - 22 - LRB104 09451 AAS 19511 b
736+ SB2494 - 20 - LRB104 09451 AAS 19511 b
773737
774738
775-SB2494 Engrossed- 23 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 23 - LRB104 09451 AAS 19511 b
776- SB2494 Engrossed - 23 - LRB104 09451 AAS 19511 b
777-1 All fines imposed under this Section shall be paid within
778-2 60 days after the effective date of the order imposing the fine
779-3 or in accordance with the terms set forth in the order imposing
780-4 the fine.
781-5 (2) The determination by a circuit court that a licensee
782-6 is subject to involuntary admission or judicial admission as
783-7 provided in the Mental Health and Developmental Disabilities
784-8 Code operates as an automatic suspension. Such suspension will
785-9 end only upon a finding by a court that the licensee is no
786-10 longer subject to involuntary admission or judicial admission
787-11 and issuance of an order so finding and discharging the
788-12 licensee.
789-13 (3) The Department may refuse to issue or may suspend
790-14 without hearing, as provided for in the Code of Civil
791-15 Procedure, the license of any person who fails to file a
792-16 return, to pay the tax, penalty, or interest shown in a filed
793-17 return, or to pay any final assessment of tax, penalty, or
794-18 interest as required by any tax Act administered by the
795-19 Illinois Department of Revenue, until such time as the
796-20 requirements of any such tax Act are satisfied in accordance
797-21 with subsection (a) of Section 2105-15 of the Department of
798-22 Professional Regulation Law of the Civil Administrative Code
799-23 of Illinois.
800-24 (4) In enforcing this Section, the Department, upon a
801-25 showing of a possible violation, may compel any individual who
802-26 is licensed under this Act or any individual who has applied
739+SB2494- 21 -LRB104 09451 AAS 19511 b SB2494 - 21 - LRB104 09451 AAS 19511 b
740+ SB2494 - 21 - LRB104 09451 AAS 19511 b
741+1 be employed in any supervisory capacity.
742+2 (Source: P.A. 94-523, eff. 1-1-06.)
743+3 (225 ILCS 106/60)
744+4 (Section scheduled to be repealed on January 1, 2026)
745+5 Sec. 60. Professional identification; advertising.
746+6 (a) A person who is licensed pursuant to this Act with the
747+7 Department of Professional Regulation in this State may use
748+8 the title "respiratory care practitioner" and the abbreviation
749+9 "RCP".
750+10 (b) A licensee shall include in every advertisement for
751+11 services regulated under this Act the licensee's his or her
752+12 title as it appears on the license or the initials authorized
753+13 under this Act.
754+14 (Source: P.A. 91-310, eff. 1-1-00; 91-357, eff. 7-29-99.)
755+15 (225 ILCS 106/65)
756+16 (Section scheduled to be repealed on January 1, 2026)
757+17 Sec. 65. Licenses; renewal; restoration; inactive status.
758+18 (a) The expiration date and renewal period for each
759+19 license issued under this Act shall be set by rule. The
760+20 licensee may renew a license during the 30 day period
761+21 preceding its expiration date by paying the required fee and
762+22 demonstrating compliance with any continuing education
763+23 requirements.
764+24 (b) A person who has permitted a license to expire or who
803765
804766
805767
806768
807769
808- SB2494 Engrossed - 23 - LRB104 09451 AAS 19511 b
770+ SB2494 - 21 - LRB104 09451 AAS 19511 b
809771
810772
811-SB2494 Engrossed- 24 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 24 - LRB104 09451 AAS 19511 b
812- SB2494 Engrossed - 24 - LRB104 09451 AAS 19511 b
813-1 for licensure to submit to a mental or physical examination or
814-2 evaluation, or both, which may include a substance abuse or
815-3 sexual offender evaluation, at the expense of the Department.
816-4 The Department shall specifically designate the examining
817-5 physician licensed to practice medicine in all of its branches
818-6 or, if applicable, the multidisciplinary team involved in
819-7 providing the mental or physical examination and evaluation.
820-8 The multidisciplinary team shall be led by a physician
821-9 licensed to practice medicine in all of its branches and may
822-10 consist of one or more or a combination of physicians licensed
823-11 to practice medicine in all of its branches, licensed
824-12 chiropractic physicians, licensed clinical psychologists,
825-13 licensed clinical social workers, licensed clinical
826-14 professional counselors, and other professional and
827-15 administrative staff. Any examining physician or member of the
828-16 multidisciplinary team may require any person ordered to
829-17 submit to an examination and evaluation pursuant to this
830-18 Section to submit to any additional supplemental testing
831-19 deemed necessary to complete any examination or evaluation
832-20 process, including, but not limited to, blood testing,
833-21 urinalysis, psychological testing, or neuropsychological
834-22 testing.
835-23 The Department may order the examining physician or any
836-24 member of the multidisciplinary team to provide to the
837-25 Department any and all records, including business records,
838-26 that relate to the examination and evaluation, including any
773+SB2494- 22 -LRB104 09451 AAS 19511 b SB2494 - 22 - LRB104 09451 AAS 19511 b
774+ SB2494 - 22 - LRB104 09451 AAS 19511 b
775+1 has a license on inactive status may have it restored by
776+2 submitting an application to the Department and filing proof
777+3 of fitness, as defined by rule, to have the license restored,
778+4 including, if appropriate, evidence that is satisfactory to
779+5 the Department certifying the active practice of respiratory
780+6 care in another jurisdiction and by paying the required fee.
781+7 A person practicing on an expired license is considered to
782+8 be practicing without a license.
783+9 (c) If the person has not maintained an active practice
784+10 that is satisfactory to the Department in another
785+11 jurisdiction, the Department shall determine the person's
786+12 fitness to resume active status. The Department may require
787+13 the person to complete a specified period of evaluated
788+14 respiratory care and may require successful completion of an
789+15 examination.
790+16 (d) A person whose license expired while that person he or
791+17 she was (1) in federal service on active duty with the Armed
792+18 Forces of the United States or called into service or training
793+19 with the State Militia, or (2) in training or education under
794+20 the supervision of the United States government preliminary to
795+21 induction into military service may have the his or her
796+22 license restored without paying any lapsed renewal fees if,
797+23 within 2 years after the termination of the person's his or her
798+24 service, training, or education, except under conditions other
799+25 than honorable, the Department is furnished with satisfactory
800+26 evidence that the person has been so engaged and that the
839801
840802
841803
842804
843805
844- SB2494 Engrossed - 24 - LRB104 09451 AAS 19511 b
806+ SB2494 - 22 - LRB104 09451 AAS 19511 b
845807
846808
847-SB2494 Engrossed- 25 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 25 - LRB104 09451 AAS 19511 b
848- SB2494 Engrossed - 25 - LRB104 09451 AAS 19511 b
849-1 supplemental testing performed. The Department may order the
850-2 examining physician or any member of the multidisciplinary
851-3 team to present testimony concerning this examination and
852-4 evaluation of the licensee or applicant, including testimony
853-5 concerning any supplemental testing or documents relating to
854-6 the examination and evaluation. No information, report,
855-7 record, or other documents in any way related to the
856-8 examination and evaluation shall be excluded by reason of any
857-9 common law or statutory privilege relating to communication
858-10 between the licensee or applicant and the examining physician
859-11 or any member of the multidisciplinary team. No authorization
860-12 is necessary from the licensee or applicant ordered to undergo
861-13 an evaluation and examination for the examining physician or
862-14 any member of the multidisciplinary team to provide
863-15 information, reports, records, or other documents or to
864-16 provide any testimony regarding the examination and
865-17 evaluation. The individual to be examined may choose to have,
866-18 at the individual's his or her own expense, another physician
867-19 of his or her choice present during all aspects of the
868-20 examination.
869-21 Failure of any individual to submit to a mental or
870-22 physical examination or evaluation, or both, when directed,
871-23 shall result in an automatic suspension without hearing, until
872-24 such time as the individual submits to the examination. If the
873-25 Department finds a licensee unable to practice because of the
874-26 reasons set forth in this Section, the Department shall
809+SB2494- 23 -LRB104 09451 AAS 19511 b SB2494 - 23 - LRB104 09451 AAS 19511 b
810+ SB2494 - 23 - LRB104 09451 AAS 19511 b
811+1 service, training, or education has been terminated.
812+2 (e) A license to practice shall not be denied any
813+3 applicant because of the applicant's race, religion, creed,
814+4 national origin, political beliefs, or activities, age, sex,
815+5 sexual orientation, or physical impairment.
816+6 (Source: P.A. 99-230, eff. 8-3-15.)
817+7 (225 ILCS 106/70)
818+8 (Section scheduled to be repealed on January 1, 2026)
819+9 Sec. 70. Inactive status. A person who notifies the
820+10 Department in writing on forms prescribed by the Department
821+11 may elect to place the person's his or her license on an
822+12 inactive status and shall, subject to rules of the Department,
823+13 be excused from payment of renewal fees until that person he or
824+14 she notifies the Department in writing of a desire to resume
825+15 active status.
826+16 A person requesting restoration from inactive status shall
827+17 be required to pay the current renewal fee and shall be
828+18 required to restore the his or her license as provided in
829+19 Section 65 of this Act.
830+20 Practice by a respiratory care practitioner whose license
831+21 is in an inactive status shall be considered to be the
832+22 unlicensed practice of respiratory care and shall be grounds
833+23 for discipline under this Act.
834+24 (Source: P.A. 89-33, eff. 1-1-96.)
875835
876836
877837
878838
879839
880- SB2494 Engrossed - 25 - LRB104 09451 AAS 19511 b
840+ SB2494 - 23 - LRB104 09451 AAS 19511 b
881841
882842
883-SB2494 Engrossed- 26 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 26 - LRB104 09451 AAS 19511 b
884- SB2494 Engrossed - 26 - LRB104 09451 AAS 19511 b
885-1 require the licensee to submit to care, counseling, or
886-2 treatment by physicians approved or designated by the
887-3 Department as a condition for continued, reinstated, or
888-4 renewed licensure.
889-5 All substance-related violations shall mandate an
890-6 automatic substance abuse assessment. Failure to submit to an
891-7 assessment by a licensed physician who is certified as an
892-8 addictionist or an advanced practice registered nurse with a
893-9 specialty certification in addictions may be grounds for an
894-10 automatic suspension.
895-11 If the Department finds an individual unable to practice
896-12 or unfit for duty because of the reasons set forth in this
897-13 Section, the Department may require the individual to submit
898-14 to a substance abuse evaluation or treatment by individuals or
899-15 programs approved or designated by the Department, as a
900-16 condition, term, or restriction for continued, restored, or
901-17 renewed licensure to practice; or, in lieu of evaluation or
902-18 treatment, the Department may file a complaint to immediately
903-19 suspend, revoke, or otherwise discipline the license of the
904-20 individual. An individual whose license was granted,
905-21 continued, restored, renewed, disciplined, or supervised
906-22 subject to such terms, conditions, or restrictions, and who
907-23 fails to comply with such terms, conditions, or restrictions,
908-24 shall be referred to the Secretary for a determination as to
909-25 whether the individual shall have the registration suspended
910-26 immediately, pending a hearing by the Department.
843+SB2494- 24 -LRB104 09451 AAS 19511 b SB2494 - 24 - LRB104 09451 AAS 19511 b
844+ SB2494 - 24 - LRB104 09451 AAS 19511 b
845+1 (225 ILCS 106/80)
846+2 (Section scheduled to be repealed on January 1, 2026)
847+3 Sec. 80. Returned checks; fines. Any person who delivers a
848+4 check or other payment to the Department that is returned to
849+5 the Department unpaid by the financial institution upon which
850+6 it is drawn shall pay to the Department, in addition to the
851+7 amount already owed to the Department, a fine of $50. The fines
852+8 imposed by this Section are in addition to any other
853+9 discipline provided under this Act for unlicensed practice or
854+10 practice on a nonrenewed license. The Department shall notify
855+11 the person that payment of fees and fines shall be paid to the
856+12 Department by certified check or money order within 30
857+13 calendar days of the notification. If, after the expiration of
858+14 30 days from the date of the notification, the person has
859+15 failed to submit the necessary remittance, the Department
860+16 shall automatically terminate the license or certificate or
861+17 deny the application, without hearing. If, after termination
862+18 or denial, the person seeks a license or certificate, that
863+19 person he or she shall apply to the Department for restoration
864+20 or issuance of the license or certificate and pay all fees and
865+21 fines due to the Department. The Department may establish a
866+22 fee for the processing of an application for restoration of a
867+23 license or certificate to pay all expenses of processing this
868+24 application. The Secretary may waive the fines due under this
869+25 Section in individual cases where the Secretary finds that the
870+26 fines would be unreasonable or unnecessarily burdensome.
911871
912872
913873
914874
915875
916- SB2494 Engrossed - 26 - LRB104 09451 AAS 19511 b
876+ SB2494 - 24 - LRB104 09451 AAS 19511 b
917877
918878
919-SB2494 Engrossed- 27 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 27 - LRB104 09451 AAS 19511 b
920- SB2494 Engrossed - 27 - LRB104 09451 AAS 19511 b
921-1 When the Secretary immediately suspends a license under
922-2 this Section, a hearing upon such person's license must be
923-3 convened by the Department within 15 days after the suspension
924-4 and completed without appreciable delay. The Department shall
925-5 have the authority to review the licensee's record of
926-6 treatment and counseling regarding the impairment to the
927-7 extent permitted by applicable federal statutes and
928-8 regulations safeguarding the confidentiality of medical
929-9 records.
930-10 Individuals licensed under this Act who are affected under
931-11 this Section shall be afforded an opportunity to demonstrate
932-12 to the Department that they can resume practice in compliance
933-13 with acceptable and prevailing standards under the provisions
934-14 of their license.
935-15 (5) (Blank).
936-16 (6) In cases where the Department of Healthcare and Family
937-17 Services has previously determined a licensee or a potential
938-18 licensee is more than 30 days delinquent in the payment of
939-19 child support and has subsequently certified the delinquency
940-20 to the Department, the Department may refuse to issue or renew
941-21 or may revoke or suspend that person's license or may take
942-22 other disciplinary action against that person based solely
943-23 upon the certification of delinquency made by the Department
944-24 of Healthcare and Family Services in accordance with paragraph
945-25 (5) of subsection (a) of Section 2105-15 of the Department of
946-26 Professional Regulation Law of the Civil Administrative Code
879+SB2494- 25 -LRB104 09451 AAS 19511 b SB2494 - 25 - LRB104 09451 AAS 19511 b
880+ SB2494 - 25 - LRB104 09451 AAS 19511 b
881+1 (Source: P.A. 99-230, eff. 8-3-15.)
882+2 (225 ILCS 106/85)
883+3 (Section scheduled to be repealed on January 1, 2026)
884+4 Sec. 85. Endorsement.
885+5 (a) The Department may issue a license as a respiratory
886+6 care practitioner without the required examination, to an
887+7 applicant licensed under the laws of another state or United
888+8 States jurisdiction whose standards in the opinion of the
889+9 Department, are substantially equivalent at the date of the
890+10 his or her licensure in the other jurisdiction to the
891+11 requirements of this Act or the applicant, at the time of
892+12 licensure, possessed individual qualifications which were
893+13 substantially equivalent to the requirements of this Act. The
894+14 applicant shall pay all of the required fees.
895+15 (b) An applicant shall have 3 years from the date of
896+16 application to complete the application process. If the
897+17 process has not been completed within 3 years, the application
898+18 shall be denied, the fee forfeited, and the applicant must
899+19 reapply and meet the requirements in effect at the time of
900+20 reapplication.
901+21 (Source: P.A. 89-33, eff. 1-1-96.)
902+22 (225 ILCS 106/90)
903+23 (Section scheduled to be repealed on January 1, 2026)
904+24 Sec. 90. Continuing education. Proof or certification of
947905
948906
949907
950908
951909
952- SB2494 Engrossed - 27 - LRB104 09451 AAS 19511 b
910+ SB2494 - 25 - LRB104 09451 AAS 19511 b
953911
954912
955-SB2494 Engrossed- 28 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 28 - LRB104 09451 AAS 19511 b
956- SB2494 Engrossed - 28 - LRB104 09451 AAS 19511 b
957-1 of Illinois.
958-2 (Source: P.A. 102-940, eff. 1-1-23.)
959-3 (225 ILCS 5/17) (from Ch. 111, par. 7617)
960-4 (Section scheduled to be repealed on January 1, 2026)
961-5 Sec. 17. Violations; injunction; cease and desist order.
962-6 (a) If any person violates a provision of this Act, the
963-7 Secretary may, in the name of the People of the State of
964-8 Illinois, through the Attorney General of the State of
965-9 Illinois or the State's Attorney of the county in which the
966-10 violation is alleged to have occurred, petition for an order
967-11 enjoining such violation or for an order enforcing compliance
968-12 with this Act. Upon the filing of a verified petition in such
969-13 court, the court may issue a temporary restraining order,
970-14 without notice or bond, and may preliminarily and permanently
971-15 enjoin such violation, and if it is established that such
972-16 person has violated or is violating the injunction, the court
973-17 may punish the offender for contempt of court. Proceedings
974-18 under this Section shall be in addition to, and not in lieu of,
975-19 all other remedies and penalties provided by this Act.
976-20 (b) If any person holds oneself shall hold himself or
977-21 herself out in a manner prohibited by this Act, any interested
978-22 party or any person injured thereby may, in addition to the
979-23 Secretary, petition for relief as provided in subsection (a)
980-24 of this Section.
981-25 (c) Whenever in the opinion of the Department any person
913+SB2494- 26 -LRB104 09451 AAS 19511 b SB2494 - 26 - LRB104 09451 AAS 19511 b
914+ SB2494 - 26 - LRB104 09451 AAS 19511 b
915+1 having met the minimum requirement of continuing education as
916+2 determined by the Department shall be required of all license
917+3 and certificate renewals. Pursuant to rule, the continuing
918+4 education requirement may upon petition be waived in whole or
919+5 in part if the respiratory care practitioner can demonstrate
920+6 that the practitioner he or she had served in the Coast Guard
921+7 or Armed Forces, had an extreme hardship as defined by rule, or
922+8 obtained the license or certification by examination or
923+9 endorsement within the preceding renewal period.
924+10 The Department shall establish by rule a means for the
925+11 verification of completion of the continuing education
926+12 required by this Section. This verification may be
927+13 accomplished through audits of records maintained by
928+14 licensees; by requiring the filing of continuing education
929+15 certificates with the Department; or by other means
930+16 established by the Department.
931+17 (Source: P.A. 89-33, eff. 1-1-96.)
932+18 (225 ILCS 106/95)
933+19 (Section scheduled to be repealed on January 1, 2026)
934+20 Sec. 95. Grounds for discipline.
935+21 (a) The Department may refuse to issue, renew, or may
936+22 revoke, suspend, place on probation, reprimand, or take other
937+23 disciplinary or non-disciplinary action as the Department
938+24 considers appropriate, including the issuance of fines not to
939+25 exceed $10,000 for each violation, with regard to any license
982940
983941
984942
985943
986944
987- SB2494 Engrossed - 28 - LRB104 09451 AAS 19511 b
945+ SB2494 - 26 - LRB104 09451 AAS 19511 b
988946
989947
990-SB2494 Engrossed- 29 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 29 - LRB104 09451 AAS 19511 b
991- SB2494 Engrossed - 29 - LRB104 09451 AAS 19511 b
992-1 violates any provision of this Act, the Department may issue a
993-2 rule to show cause why an order to cease and desist should not
994-3 be entered against the person him or her. The rule shall
995-4 clearly set forth the grounds relied upon by the Department
996-5 and shall provide a period of 7 days from the date of the rule
997-6 to file an answer to the satisfaction of the Department.
998-7 Failure to answer to the satisfaction of the Department shall
999-8 cause an order to cease and desist to be issued forthwith.
1000-9 (Source: P.A. 99-469, eff. 8-26-15.)
1001-10 (225 ILCS 5/18) (from Ch. 111, par. 7618)
1002-11 (Section scheduled to be repealed on January 1, 2026)
1003-12 Sec. 18. Investigations; notice and hearing. The
1004-13 Department may investigate the actions of any applicant or of
1005-14 any person or persons holding or claiming to hold a license.
1006-15 The Department shall, before refusing to issue or to renew a
1007-16 license or disciplining a registrant, at least 30 days prior
1008-17 to the date set for the hearing, notify in writing the
1009-18 applicant or licensee of the nature of the charges and the time
1010-19 and place that a hearing will be held on the charges. The
1011-20 Department shall direct the applicant or licensee to file a
1012-21 written answer under oath within 20 days after the service of
1013-22 the notice. In case the person fails to file an answer after
1014-23 receiving notice, the person's his or her license or
1015-24 certificate may, in the discretion of the Department, be
1016-25 suspended, revoked, or placed on probationary status, or the
948+SB2494- 27 -LRB104 09451 AAS 19511 b SB2494 - 27 - LRB104 09451 AAS 19511 b
949+ SB2494 - 27 - LRB104 09451 AAS 19511 b
950+1 for any one or combination of the following:
951+2 (1) Material misstatement in furnishing information to
952+3 the Department or to any other State or federal agency.
953+4 (2) Violations of this Act, or any of the rules
954+5 adopted under this Act.
955+6 (3) Conviction by plea of guilty or nolo contendere,
956+7 finding of guilt, jury verdict, or entry of judgment or by
957+8 sentencing of any crime, including, but not limited to,
958+9 convictions preceding sentences of supervision,
959+10 conditional discharge, or first offender probation, under
960+11 the laws of any jurisdiction of the United States or any
961+12 state or territory thereof: (i) that is a felony or (ii)
962+13 that is a misdemeanor, an essential element of which is
963+14 dishonesty, or that is directly related to the practice of
964+15 the profession.
965+16 (4) Making any misrepresentation for the purpose of
966+17 obtaining a license.
967+18 (5) Professional incompetence or negligence in the
968+19 rendering of respiratory care services.
969+20 (6) Malpractice.
970+21 (7) Aiding or assisting another person in violating
971+22 any rules or provisions of this Act.
972+23 (8) Failing to provide information within 60 days in
973+24 response to a written request made by the Department.
974+25 (9) Engaging in dishonorable, unethical, or
975+26 unprofessional conduct of a character likely to deceive,
1017976
1018977
1019978
1020979
1021980
1022- SB2494 Engrossed - 29 - LRB104 09451 AAS 19511 b
981+ SB2494 - 27 - LRB104 09451 AAS 19511 b
1023982
1024983
1025-SB2494 Engrossed- 30 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 30 - LRB104 09451 AAS 19511 b
1026- SB2494 Engrossed - 30 - LRB104 09451 AAS 19511 b
1027-1 Department may take whatever disciplinary action deemed
1028-2 proper, including limiting the scope, nature, or extent of the
1029-3 person's practice or the imposition of a fine, without a
1030-4 hearing, if the act or acts charged constitute sufficient
1031-5 grounds for such action under this Act. At the time and place
1032-6 fixed in the notice, the Department shall proceed to hear the
1033-7 charges, and the parties or their counsel shall be accorded
1034-8 ample opportunity to present such statements, testimony,
1035-9 evidence, and argument as may be pertinent to the charges or to
1036-10 their defense. The Department may continue a hearing from time
1037-11 to time. The written notice and any notice in the subsequent
1038-12 proceeding may be served by registered or certified mail to
1039-13 the licensee's address of record.
1040-14 (Source: P.A. 99-469, eff. 8-26-15; 99-642, eff. 7-28-16.)
1041-15 (225 ILCS 5/19) (from Ch. 111, par. 7619)
1042-16 (Section scheduled to be repealed on January 1, 2026)
1043-17 Sec. 19. Record of proceedings. The Department, at its
1044-18 expense, shall preserve a record of all proceedings at the
1045-19 formal hearing of any case. The notice of hearing, complaint,
1046-20 and all other documents in the nature of pleadings and written
1047-21 motions filed in the proceedings, the transcript of testimony,
1048-22 the report of the Board and order of the Department shall be
1049-23 the record of such proceeding. Any licensee who is found to
1050-24 have violated this Act or who fails to appear for a hearing to
1051-25 refuse to issue, restore, or renew a license or to discipline a
984+SB2494- 28 -LRB104 09451 AAS 19511 b SB2494 - 28 - LRB104 09451 AAS 19511 b
985+ SB2494 - 28 - LRB104 09451 AAS 19511 b
986+1 defraud, or harm the public.
987+2 (10) Violating the rules of professional conduct
988+3 adopted by the Department.
989+4 (11) Discipline by another jurisdiction, if at least
990+5 one of the grounds for the discipline is the same or
991+6 substantially equivalent to those set forth in this Act.
992+7 (12) Directly or indirectly giving to or receiving
993+8 from any person, firm, corporation, partnership, or
994+9 association any fee, commission, rebate, or other form of
995+10 compensation for any professional services not actually
996+11 rendered. Nothing in this paragraph (12) affects any bona
997+12 fide independent contractor or employment arrangements
998+13 among health care professionals, health facilities, health
999+14 care providers, or other entities, except as otherwise
1000+15 prohibited by law. Any employment arrangements may include
1001+16 provisions for compensation, health insurance, pension, or
1002+17 other employment benefits for the provision of services
1003+18 within the scope of the licensee's practice under this
1004+19 Act. Nothing in this paragraph (12) shall be construed to
1005+20 require an employment arrangement to receive professional
1006+21 fees for services rendered.
1007+22 (13) A finding that the licensee, after having the her
1008+23 or his license placed on probationary status or subject to
1009+24 conditions or restrictions, has violated the terms of
1010+25 probation or failed to comply with such terms or
1011+26 conditions.
10521012
10531013
10541014
10551015
10561016
1057- SB2494 Engrossed - 30 - LRB104 09451 AAS 19511 b
1017+ SB2494 - 28 - LRB104 09451 AAS 19511 b
10581018
10591019
1060-SB2494 Engrossed- 31 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 31 - LRB104 09451 AAS 19511 b
1061- SB2494 Engrossed - 31 - LRB104 09451 AAS 19511 b
1062-1 licensee may be required by the Department to pay for the costs
1063-2 of the proceeding. These costs are limited to costs for court
1064-3 reporters, transcripts, and witness attendance and mileage
1065-4 fees. All costs imposed under this Section shall be paid
1066-5 within 60 days after the effective date of the order imposing
1067-6 the fine or in accordance with the terms set forth in the order
1068-7 imposing the fine.
1069-8 (Source: P.A. 99-469, eff. 8-26-15.)
1070-9 (225 ILCS 5/19.5)
1071-10 (Section scheduled to be repealed on January 1, 2026)
1072-11 Sec. 19.5. Subpoenas; oaths. The Department may subpoena
1073-12 and bring before it any person and may take the oral or written
1074-13 testimony of any person or compel the production of any books,
1075-14 papers, records, or any other documents that the Secretary or
1076-15 the Secretary's his or her designee deems relevant or material
1077-16 to an investigation or hearing conducted by the Department
1078-17 with the same fees and mileage and in the same manner as
1079-18 prescribed by law in judicial procedure in civil cases in
1080-19 courts of this State.
1081-20 The Secretary, the designated hearing officer, any member
1082-21 of the Board, or a certified shorthand court reporter may
1083-22 administer oaths at any hearing which the Department conducts.
1084-23 Notwithstanding any other statute or Department rule to the
1085-24 contrary, all requests for testimony or production of
1086-25 documents or records shall be in accordance with this Act.
1020+SB2494- 29 -LRB104 09451 AAS 19511 b SB2494 - 29 - LRB104 09451 AAS 19511 b
1021+ SB2494 - 29 - LRB104 09451 AAS 19511 b
1022+1 (14) Abandonment of a patient.
1023+2 (15) Willfully filing false records or reports
1024+3 relating to a licensee's practice including, but not
1025+4 limited to, false records filed with a federal or State
1026+5 agency or department.
1027+6 (16) Willfully failing to report an instance of
1028+7 suspected child abuse or neglect as required by the Abused
1029+8 and Neglected Child Reporting Act.
1030+9 (17) Providing respiratory care, other than pursuant
1031+10 to an order.
1032+11 (18) Physical or mental disability including, but not
1033+12 limited to, deterioration through the aging process or
1034+13 loss of motor skills that results in the inability to
1035+14 practice the profession with reasonable judgment, skill,
1036+15 or safety.
1037+16 (19) Solicitation of professional services by using
1038+17 false or misleading advertising.
1039+18 (20) Failure to file a tax return, or to pay the tax,
1040+19 penalty, or interest shown in a filed return, or to pay any
1041+20 final assessment of tax penalty, or interest, as required
1042+21 by any tax Act administered by the Illinois Department of
1043+22 Revenue or any successor agency or the Internal Revenue
1044+23 Service or any successor agency.
1045+24 (21) Irregularities in billing a third party for
1046+25 services rendered or in reporting charges for services not
1047+26 rendered.
10871048
10881049
10891050
10901051
10911052
1092- SB2494 Engrossed - 31 - LRB104 09451 AAS 19511 b
1053+ SB2494 - 29 - LRB104 09451 AAS 19511 b
10931054
10941055
1095-SB2494 Engrossed- 32 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 32 - LRB104 09451 AAS 19511 b
1096- SB2494 Engrossed - 32 - LRB104 09451 AAS 19511 b
1097-1 (Source: P.A. 99-469, eff. 8-26-15.)
1098-2 (225 ILCS 5/22) (from Ch. 111, par. 7622)
1099-3 (Section scheduled to be repealed on January 1, 2026)
1100-4 Sec. 22. Motion for rehearing Report of Board; motion for
1101-5 rehearing. In any case involving the refusal to issue or renew
1102-6 a license or the discipline of a licensee, a copy of the
1103-7 hearing officer's Board's report shall be served upon the
1104-8 respondent by the Department as provided under Section 18 of
1105-9 in this Act for the service of the notice of hearing. Within 20
1106-10 days after such service, the respondent may present to the
1107-11 Department a motion in writing for a rehearing, which motion
1108-12 shall specify the particular grounds therefor. If no motion
1109-13 for rehearing is filed, then upon the expiration of the time
1110-14 specified for filing such a motion, or if a motion for
1111-15 rehearing is denied, then upon such denial the Secretary may
1112-16 enter an order in accordance with recommendations of the
1113-17 Department, Board except as provided in Section 23 of this
1114-18 Act. If the respondent shall order from the reporting service,
1115-19 and pay for a transcript of the record within the time for
1116-20 filing a motion for rehearing, the 20 day period within which
1117-21 such a motion may be filed shall commence upon the delivery of
1118-22 the transcript to the respondent.
1119-23 (Source: P.A. 99-469, eff. 8-26-15.)
1120-24 (225 ILCS 5/24) (from Ch. 111, par. 7624)
1056+SB2494- 30 -LRB104 09451 AAS 19511 b SB2494 - 30 - LRB104 09451 AAS 19511 b
1057+ SB2494 - 30 - LRB104 09451 AAS 19511 b
1058+1 (22) Being named as a perpetrator in an indicated
1059+2 report by the Department of Children and Family Services
1060+3 under the Abused and Neglected Child Reporting Act, and
1061+4 upon proof by clear and convincing evidence that the
1062+5 licensee has caused a child to be an abused child or
1063+6 neglected child as defined in the Abused and Neglected
1064+7 Child Reporting Act.
1065+8 (23) Habitual or excessive use or addiction to
1066+9 alcohol, narcotics, stimulants, or any other chemical
1067+10 agent or drug that results in an inability to practice
1068+11 with reasonable skill, judgment, or safety.
1069+12 (24) Being named as a perpetrator in an indicated
1070+13 report by the Department on Aging under the Adult
1071+14 Protective Services Act, and upon proof by clear and
1072+15 convincing evidence that the licensee has caused an adult
1073+16 with disabilities or an older adult to be abused or
1074+17 neglected as defined in the Adult Protective Services Act.
1075+18 (25) Willfully failing to report an instance of
1076+19 suspected abuse, neglect, financial exploitation, or
1077+20 self-neglect of an adult with disabilities or an older
1078+21 adult as required by the Adult Protective Services Act.
1079+22 (26) Willful omission to file or record, or willfully
1080+23 impeding the filing or recording, or inducing another
1081+24 person to omit to file or record medical reports as
1082+25 required by law or willfully failing to report an instance
1083+26 of suspected child abuse or neglect as required by the
11211084
11221085
11231086
11241087
11251088
1126- SB2494 Engrossed - 32 - LRB104 09451 AAS 19511 b
1089+ SB2494 - 30 - LRB104 09451 AAS 19511 b
11271090
11281091
1129-SB2494 Engrossed- 33 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 33 - LRB104 09451 AAS 19511 b
1130- SB2494 Engrossed - 33 - LRB104 09451 AAS 19511 b
1131-1 (Section scheduled to be repealed on January 1, 2026)
1132-2 Sec. 24. Hearing officer appointment. The Secretary shall
1133-3 have the authority to appoint any attorney duly licensed to
1134-4 practice law in the State of Illinois to serve as the hearing
1135-5 officer in any action for refusal to issue or renew a license,
1136-6 or for the taking of disciplinary action against a license.
1137-7 The hearing officer shall have full authority to conduct the
1138-8 hearing. The hearing officer shall report any his or her
1139-9 findings of fact, conclusions of law, and recommendations to
1140-10 the Board and the Secretary. In the report, the hearing
1141-11 officer shall make a finding of whether or not the charged
1142-12 licensee or applicant violated a provision of this Act or any
1143-13 rules adopted under this Act. Upon presenting the report to
1144-14 the Secretary, the Secretary may issue an order based on the
1145-15 report of the hearing officer. If the Secretary disagrees with
1146-16 the report of the hearing officer, the Secretary may issue an
1147-17 order in contravention of the hearing officer's report. The
1148-18 finding by the hearing officer shall not be admissible in
1149-19 evidence against the person in a criminal prosecution brought
1150-20 for a violation of this Act nor shall a finding by the hearing
1151-21 officer be a bar to a criminal prosecution brought for a
1152-22 violation of this Act. The Board shall have 90 days from
1153-23 receipt of the report to review the report of the hearing
1154-24 officer and present its findings of fact, conclusions of law
1155-25 and recommendation to the Secretary. If the Board fails to
1156-26 present its report within the 90 day period, the Secretary may
1092+SB2494- 31 -LRB104 09451 AAS 19511 b SB2494 - 31 - LRB104 09451 AAS 19511 b
1093+ SB2494 - 31 - LRB104 09451 AAS 19511 b
1094+1 Abused and Neglected Child Reporting Act.
1095+2 (27) Practicing under a false or assumed name, except
1096+3 as provided by law.
1097+4 (28) Willfully or negligently violating the
1098+5 confidentiality between licensee and patient, except as
1099+6 required by law.
1100+7 (29) The use of any false, fraudulent, or deceptive
1101+8 statement in any document connected with the licensee's
1102+9 practice.
1103+10 (b) The determination by a court that a licensee is
1104+11 subject to involuntary admission or judicial admission as
1105+12 provided in the Mental Health and Developmental Disabilities
1106+13 Code will result in an automatic suspension of the licensee's
1107+14 his or her license. The suspension will end upon a finding by a
1108+15 court that the licensee is no longer subject to involuntary
1109+16 admission or judicial admission, the issuance of an order so
1110+17 finding and discharging the patient, and the recommendation of
1111+18 the Board to the Secretary that the licensee be allowed to
1112+19 resume the licensee's his or her practice.
1113+20 All fines imposed under this Section shall be paid within
1114+21 60 days after the effective date of the order imposing the fine
1115+22 or in accordance with the terms set forth in the order imposing
1116+23 the fine.
1117+24 (Source: P.A. 98-49, eff. 7-1-13; 99-230, eff. 8-3-15.)
1118+25 (225 ILCS 106/100)
11571119
11581120
11591121
11601122
11611123
1162- SB2494 Engrossed - 33 - LRB104 09451 AAS 19511 b
1124+ SB2494 - 31 - LRB104 09451 AAS 19511 b
11631125
11641126
1165-SB2494 Engrossed- 34 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 34 - LRB104 09451 AAS 19511 b
1166- SB2494 Engrossed - 34 - LRB104 09451 AAS 19511 b
1167-1 issue an order based on the report of the hearing officer. If
1168-2 the Secretary determines that the Board's report is contrary
1169-3 to the manifest weight of the evidence, he or she may issue an
1170-4 order in contravention of the Board's report.
1171-5 (Source: P.A. 99-469, eff. 8-26-15.)
1172-6 (225 ILCS 5/27) (from Ch. 111, par. 7627)
1173-7 (Section scheduled to be repealed on January 1, 2026)
1174-8 Sec. 27. Surrender of license. Upon the revocation or
1175-9 suspension of any license, the licensee shall forthwith
1176-10 surrender the license or licenses to the Department, and if
1177-11 the licensee he or she fails to do so, the Department shall
1178-12 have the right to seize the license.
1179-13 (Source: P.A. 99-469, eff. 8-26-15.)
1180-14 (225 ILCS 5/28) (from Ch. 111, par. 7628)
1181-15 (Section scheduled to be repealed on January 1, 2026)
1182-16 Sec. 28. Summary suspension of a license. The Secretary
1183-17 may summarily suspend the license of an athletic trainer
1184-18 without a hearing, simultaneously with the institution of
1185-19 proceedings for a hearing provided for in Section 20 of this
1186-20 Act, if the Secretary finds that evidence indicates that an
1187-21 athletic trainer's continuation in practice would constitute
1188-22 an imminent danger to the public. In the event that the
1189-23 Secretary summarily suspends, summarily, the license of an
1190-24 athletic trainer without a hearing, a hearing shall be
1127+SB2494- 32 -LRB104 09451 AAS 19511 b SB2494 - 32 - LRB104 09451 AAS 19511 b
1128+ SB2494 - 32 - LRB104 09451 AAS 19511 b
1129+1 (Section scheduled to be repealed on January 1, 2026)
1130+2 Sec. 100. Violations; injunctions; cease and desist order.
1131+3 (a) If a person violates any provision of this Act, the
1132+4 Secretary may, in the name of the People of the State of
1133+5 Illinois, through the Attorney General, petition for an order
1134+6 enjoining the violation or an order enforcing compliance with
1135+7 this Act. Upon the filling of a verified petition, the court
1136+8 with appropriate jurisdiction may issue a temporary
1137+9 restraining order without notice or bond and may preliminarily
1138+10 and permanently enjoin the violation. If it is established
1139+11 that the person has violated or is violating the injunction,
1140+12 the court may punish the offender for contempt of court.
1141+13 Proceedings under this Section are in addition to all other
1142+14 remedies and penalties provided by this Act.
1143+15 (b) If a person holds oneself himself or herself out as
1144+16 being a respiratory care practitioner under this Act and is
1145+17 not licensed to do so, then any licensed respiratory care
1146+18 practitioner, interested party, or injured person may petition
1147+19 for relief as provided in subsection (a) of this Section.
1148+20 (c) Whenever, in the opinion of the Department, a person
1149+21 violates any provision of this Act, the Department may issue a
1150+22 rule to show cause why an order to cease and desist should not
1151+23 be entered against that person. The rule shall clearly set
1152+24 forth the grounds relied upon by the Department and shall
1153+25 allow at least 7 days from the date of the rule to file an
1154+26 answer satisfactory to the Department. Failure to answer to
11911155
11921156
11931157
11941158
11951159
1196- SB2494 Engrossed - 34 - LRB104 09451 AAS 19511 b
1160+ SB2494 - 32 - LRB104 09451 AAS 19511 b
11971161
11981162
1199-SB2494 Engrossed- 35 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 35 - LRB104 09451 AAS 19511 b
1200- SB2494 Engrossed - 35 - LRB104 09451 AAS 19511 b
1201-1 commenced within 30 days after such suspension has occurred
1202-2 and shall be concluded as expeditiously as possible.
1203-3 (Source: P.A. 99-469, eff. 8-26-15.)
1204-4 (225 ILCS 5/30) (from Ch. 111, par. 7630)
1163+SB2494- 33 -LRB104 09451 AAS 19511 b SB2494 - 33 - LRB104 09451 AAS 19511 b
1164+ SB2494 - 33 - LRB104 09451 AAS 19511 b
1165+1 the satisfaction of the Department shall cause an order to
1166+2 cease and desist to be issued.
1167+3 (Source: P.A. 99-230, eff. 8-3-15.)
1168+4 (225 ILCS 106/105)
12051169 5 (Section scheduled to be repealed on January 1, 2026)
1206-6 Sec. 30. Certifications of record; costs. The Department
1207-7 shall not be required to certify any record to the Court or
1208-8 file any answer in court or otherwise appear in any court in a
1209-9 judicial review proceeding, unless and until the Department
1210-10 has received from the plaintiff payment of the costs of
1211-11 furnishing and certifying the record, which costs shall be
1212-12 determined by the Department. Exhibits shall be certified
1213-13 without cost. Failure on the part of the plaintiff to file a
1214-14 receipt in court shall be grounds for dismissal of the action.
1215-15 (Source: P.A. 99-469, eff. 8-26-15.)
1216-16 (225 ILCS 5/6 rep.)
1217-17 (225 ILCS 5/15 rep.)
1218-18 (225 ILCS 5/21 rep.)
1219-19 (225 ILCS 5/34 rep.)
1220-20 Section 15. The Illinois Athletic Trainers Practice Act is
1221-21 amended by repealing Sections 6, 15, 21, and 34.
1222-22 Section 20. The Respiratory Care Practice Act is amended
1223-23 by changing Sections 10, 15, 20, 22, 30, 35, 42, 50, 60, 65,
1170+6 Sec. 105. Investigations; notice; hearing. The Department
1171+7 may investigate the actions of an applicant, a licensee, or a
1172+8 person claiming to hold a license. The Department shall,
1173+9 before revoking, suspending, placing on probation,
1174+10 reprimanding, or taking any other disciplinary action under
1175+11 Section 95 of this Act, at least 30 days before the date set
1176+12 for the hearing (i) notify the accused, in writing, of any
1177+13 charges made and the time and place for the hearing on the
1178+14 charges, (ii) direct the accused him or her to file a written
1179+15 answer to the charges with the Board under oath within 20 days
1180+16 after the service upon the accused him or her of the notice,
1181+17 and (iii) inform the accused that, if the accused fails he or
1182+18 she fails to answer, default will be taken against the accused
1183+19 him or her and the accused's his or her license may be
1184+20 suspended, revoked, placed on probationary status, or other
1185+21 disciplinary action taken with regard to the license,
1186+22 including limiting the scope, nature, or extent of the
1187+23 accused's his or her practice, without a hearing, as the
1188+24 Department may consider proper. In case the person, after
1189+25 receiving notice, fails to file an answer, the person's his or
12241190
12251191
12261192
12271193
12281194
1229- SB2494 Engrossed - 35 - LRB104 09451 AAS 19511 b
1195+ SB2494 - 33 - LRB104 09451 AAS 19511 b
12301196
12311197
1232-SB2494 Engrossed- 36 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 36 - LRB104 09451 AAS 19511 b
1233- SB2494 Engrossed - 36 - LRB104 09451 AAS 19511 b
1234-1 70, 80, 85, 90, 95, 100, 105, 110, 135, 155, 160, 170, and 180
1235-2 and by adding Section 12 as follows:
1236-3 (225 ILCS 106/10)
1237-4 (Section scheduled to be repealed on January 1, 2026)
1238-5 Sec. 10. Definitions. In this Act:
1239-6 "Address of record" means the designated address recorded
1240-7 by the Department in the applicant's or licensee's application
1241-8 file or license file as maintained by the Department's
1242-9 licensure maintenance unit. It is the duty of the applicant or
1243-10 licensee to inform the Department of any change of address and
1244-11 those changes must be made either through the Department's
1245-12 website or by contacting the Department.
1246-13 "Advanced practice registered nurse" means an advanced
1247-14 practice registered nurse licensed under the Nurse Practice
1248-15 Act.
1249-16 "Board" means the Respiratory Care Board appointed by the
1250-17 Secretary.
1251-18 "Basic respiratory care activities" means and includes all
1252-19 of the following activities:
1253-20 (1) Cleaning, disinfecting, and sterilizing equipment
1254-21 used in the practice of respiratory care as delegated by a
1255-22 licensed health care professional or other authorized
1256-23 licensed personnel.
1257-24 (2) Assembling equipment used in the practice of
1258-25 respiratory care as delegated by a licensed health care
1259-
1260-
1261-
1262-
1263-
1264- SB2494 Engrossed - 36 - LRB104 09451 AAS 19511 b
1265-
1266-
1267-SB2494 Engrossed- 37 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 37 - LRB104 09451 AAS 19511 b
1268- SB2494 Engrossed - 37 - LRB104 09451 AAS 19511 b
1269-1 professional or other authorized licensed personnel.
1270-2 (3) Collecting and reviewing patient data through
1271-3 non-invasive means, provided that the collection and
1272-4 review does not include the individual's interpretation of
1273-5 the clinical significance of the data. Collecting and
1274-6 reviewing patient data includes the performance of pulse
1275-7 oximetry and non-invasive monitoring procedures in order
1276-8 to obtain vital signs and notification to licensed health
1277-9 care professionals and other authorized licensed personnel
1278-10 in a timely manner.
1279-11 (4) Maintaining a nasal cannula or face mask for
1280-12 oxygen therapy in the proper position on the patient's
1281-13 face.
1282-14 (5) Assembling a nasal cannula or face mask for oxygen
1283-15 therapy at patient bedside in preparation for use.
1284-16 (6) Maintaining a patient's natural airway by
1285-17 physically manipulating the jaw and neck, suctioning the
1286-18 oral cavity, or suctioning the mouth or nose with a bulb
1287-19 syringe.
1288-20 (7) Performing assisted ventilation during emergency
1289-21 resuscitation using a manual resuscitator.
1290-22 (8) Using a manual resuscitator at the direction of a
1291-23 licensed health care professional or other authorized
1292-24 licensed personnel who is present and performing routine
1293-25 airway suctioning. These activities do not include care of
1294-26 a patient's artificial airway or the adjustment of
1295-
1296-
1297-
1298-
1299-
1300- SB2494 Engrossed - 37 - LRB104 09451 AAS 19511 b
1301-
1302-
1303-SB2494 Engrossed- 38 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 38 - LRB104 09451 AAS 19511 b
1304- SB2494 Engrossed - 38 - LRB104 09451 AAS 19511 b
1305-1 mechanical ventilator settings while a patient is
1306-2 connected to the ventilator.
1307-3 "Basic respiratory care activities" does not mean
1308-4 activities that involve any of the following:
1309-5 (1) Specialized knowledge that results from a course
1310-6 of education or training in respiratory care.
1311-7 (2) An unreasonable risk of a negative outcome for the
1312-8 patient.
1313-9 (3) The assessment or making of a decision concerning
1314-10 patient care.
1315-11 (4) The administration of aerosol medication or
1316-12 medical gas.
1317-13 (5) The insertion and maintenance of an artificial
1318-14 airway.
1319-15 (6) Mechanical ventilatory support.
1320-16 (7) Patient assessment.
1321-17 (8) Patient education.
1322-18 (9) The transferring of oxygen devices, for purposes
1323-19 of patient transport, with a liter flow greater than 6
1324-20 liters per minute, and the transferring of oxygen devices
1325-21 at any liter flow being delivered to patients less than 12
1326-22 years of age.
1327-23 "Department" means the Department of Financial and
1328-24 Professional Regulation.
1329-25 "Email address of record" means the designated email
1330-26 address recorded by the Department in the applicant's or
1331-
1332-
1333-
1334-
1335-
1336- SB2494 Engrossed - 38 - LRB104 09451 AAS 19511 b
1337-
1338-
1339-SB2494 Engrossed- 39 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 39 - LRB104 09451 AAS 19511 b
1340- SB2494 Engrossed - 39 - LRB104 09451 AAS 19511 b
1341-1 licensee's application file or license file as maintained by
1342-2 the Department's licensure maintenance unit.
1343-3 "Licensed" means that which is required to hold oneself
1344-4 out as a respiratory care practitioner as defined in this Act.
1345-5 "Licensed health care professional" means a physician
1346-6 licensed to practice medicine in all its branches, a licensed
1347-7 advanced practice registered nurse, or a licensed physician
1348-8 assistant.
1349-9 "Order" means a written, oral, or telecommunicated
1350-10 authorization for respiratory care services for a patient by
1351-11 (i) a licensed health care professional who maintains medical
1352-12 supervision of the patient and makes a diagnosis or verifies
1353-13 that the patient's condition is such that it may be treated by
1354-14 a respiratory care practitioner or (ii) a certified registered
1355-15 nurse anesthetist in a licensed hospital or ambulatory
1356-16 surgical treatment center.
1357-17 "Other authorized licensed personnel" means a licensed
1358-18 respiratory care practitioner, a licensed registered nurse, or
1359-19 a licensed practical nurse whose scope of practice authorizes
1360-20 the professional to supervise an individual who is not
1361-21 licensed, certified, or registered as a health professional.
1362-22 "Proximate supervision" means a situation in which an
1363-23 individual is responsible for directing the actions of another
1364-24 individual in the facility and is physically close enough to
1365-25 be readily available, if needed, by the supervised individual.
1366-26 "Respiratory care" and "cardiorespiratory care" mean
1367-
1368-
1369-
1370-
1371-
1372- SB2494 Engrossed - 39 - LRB104 09451 AAS 19511 b
1373-
1374-
1375-SB2494 Engrossed- 40 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 40 - LRB104 09451 AAS 19511 b
1376- SB2494 Engrossed - 40 - LRB104 09451 AAS 19511 b
1377-1 preventative services, evaluation and assessment services,
1378-2 therapeutic services, cardiopulmonary disease management, and
1379-3 rehabilitative services under the order of a licensed health
1380-4 care professional for an individual with a disorder, disease,
1381-5 or abnormality of the cardiopulmonary system. These terms
1382-6 include, but are not limited to, measuring, observing,
1383-7 assessing, and monitoring signs and symptoms, reactions,
1384-8 general behavior, and general physical response of individuals
1385-9 to respiratory care services, including the determination of
1386-10 whether those signs, symptoms, reactions, behaviors, or
1387-11 general physical responses exhibit abnormal characteristics;
1388-12 the administration of pharmacological and therapeutic agents
1389-13 and procedures related to respiratory care services; the
1390-14 administration of vaccinations for the prevention of
1391-15 respiratory illness upon completion of training set forth by
1392-16 rule, limited to patients 18 years of age and older pursuant to
1393-17 a valid prescription or standing order by a physician licensed
1394-18 to practice medicine in all its branches who, in the course of
1395-19 professional practice, administers vaccines to patients; the
1396-20 collection of blood specimens and other bodily fluids and
1397-21 tissues for, and the performance of, cardiopulmonary
1398-22 diagnostic testing procedures, including, but not limited to,
1399-23 blood gas analysis; development, implementation, and
1400-24 modification of respiratory care treatment plans and provision
1401-25 of education and skill training to patients and caregivers
1402-26 based on assessed abnormalities of the cardiopulmonary system,
1403-
1404-
1405-
1406-
1407-
1408- SB2494 Engrossed - 40 - LRB104 09451 AAS 19511 b
1409-
1410-
1411-SB2494 Engrossed- 41 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 41 - LRB104 09451 AAS 19511 b
1412- SB2494 Engrossed - 41 - LRB104 09451 AAS 19511 b
1413-1 respiratory care guidelines, referrals, and orders of a
1414-2 licensed health care professional; application, operation, and
1415-3 management of mechanical ventilatory support and other means
1416-4 of life support, including, but not limited to, hemodynamic
1417-5 cardiovascular support; and the initiation of emergency
1418-6 procedures under the rules promulgated by the Department. The
1419-7 Department shall adopt any rules necessary to implement this
1420-8 Section, including training and education requirements
1421-9 regarding vaccinations, which includes, but is not limited to,
1422-10 how to address contraindications and adverse reactions,
1423-11 appropriate vaccine storage, proper administration, the
1424-12 provision of written notice to the patient's physician, and
1425-13 record retention requirements. A respiratory care practitioner
1426-14 shall refer to a licensed health care professional physician
1427-15 licensed to practice medicine in all its branches any patient
1428-16 whose condition, at the time of evaluation or treatment, is
1429-17 determined to be beyond the scope of practice of the
1430-18 respiratory care practitioner.
1431-19 "Respiratory care education program" means a course of
1432-20 academic study leading to eligibility for registry or
1433-21 certification in respiratory care. The training is to be
1434-22 approved by an accrediting agency recognized by the Board and
1435-23 shall include an evaluation of competence through a
1436-24 standardized testing mechanism that is determined by the Board
1437-25 to be both valid and reliable.
1438-26 "Respiratory care practitioner" means a person who is
1439-
1440-
1441-
1442-
1443-
1444- SB2494 Engrossed - 41 - LRB104 09451 AAS 19511 b
1445-
1446-
1447-SB2494 Engrossed- 42 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 42 - LRB104 09451 AAS 19511 b
1448- SB2494 Engrossed - 42 - LRB104 09451 AAS 19511 b
1449-1 licensed by the Department of Professional Regulation and
1450-2 meets all of the following criteria:
1451-3 (1) The person is engaged in the practice of
1452-4 cardiorespiratory care and has the knowledge and skill
1453-5 necessary to administer respiratory care.
1454-6 (2) The person is capable of serving as a resource to
1455-7 the licensed health care professional in relation to the
1456-8 technical aspects of cardiorespiratory care and the safe
1457-9 and effective methods for administering cardiorespiratory
1458-10 care modalities.
1459-11 (3) The person is able to function in situations of
1460-12 unsupervised patient contact requiring great individual
1461-13 judgment.
1462-14 "Secretary" means the Secretary of Financial and
1463-15 Professional Regulation.
1464-16 (Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;
1465-17 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
1466-18 (225 ILCS 106/12 new)
1467-19 Sec. 12. Address of record; email address of record. All
1468-20 applicants and licensees shall:
1469-21 (1) provide a valid address and email address to the
1470-22 Department, which shall serve as the address of record and
1471-23 email address of record, respectively, at the time of
1472-24 application for licensure or renewal of a license; and
1473-25 (2) inform the Department of any change of address of
1474-
1475-
1476-
1477-
1478-
1479- SB2494 Engrossed - 42 - LRB104 09451 AAS 19511 b
1480-
1481-
1482-SB2494 Engrossed- 43 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 43 - LRB104 09451 AAS 19511 b
1483- SB2494 Engrossed - 43 - LRB104 09451 AAS 19511 b
1484-1 record or email address of record within 14 days after the
1485-2 change either through the Department's website or by
1486-3 contacting the Department's licensure maintenance unit.
1487-4 (225 ILCS 106/15)
1488-5 (Section scheduled to be repealed on January 1, 2026)
1489-6 Sec. 15. Exemptions.
1490-7 (a) This Act does not prohibit a person legally regulated
1491-8 in this State by any other Act from engaging in any practice
1492-9 for which that person he or she is authorized.
1493-10 (b) Nothing in this Act shall prohibit the practice of
1494-11 respiratory care by a person who is employed by the United
1495-12 States government or any bureau, division, or agency thereof
1496-13 while in the discharge of the employee's official duties.
1497-14 (c) Nothing in this Act shall be construed to limit the
1498-15 activities and services of a person enrolled in an approved
1499-16 course of study leading to a degree or certificate of registry
1500-17 or certification eligibility in respiratory care if these
1501-18 activities and services constitute a part of a supervised
1502-19 course of study and if the person is designated by a title
1503-20 which clearly indicates the person's his or her status as a
1504-21 student or trainee. Status as a student or trainee shall not
1505-22 exceed 3 years from the date of enrollment in an approved
1506-23 course for an approved associate's degree program or 5 years
1507-24 for an approved bachelor's degree program.
1508-25 (d) Nothing in this Act shall prohibit a person from
1509-
1510-
1511-
1512-
1513-
1514- SB2494 Engrossed - 43 - LRB104 09451 AAS 19511 b
1515-
1516-
1517-SB2494 Engrossed- 44 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 44 - LRB104 09451 AAS 19511 b
1518- SB2494 Engrossed - 44 - LRB104 09451 AAS 19511 b
1519-1 treating ailments by spiritual means through prayer alone in
1520-2 accordance with the tenets and practices of a recognized
1521-3 church or religious denomination.
1522-4 (e) Nothing in this Act shall be construed to prevent a
1523-5 person who is a registered nurse, an advanced practice
1524-6 registered nurse, a licensed practical nurse, a physician
1525-7 assistant, or a physician licensed to practice medicine in all
1526-8 its branches from providing respiratory care.
1527-9 (f) Nothing in this Act shall limit a person who is
1528-10 credentialed by the National Society for Cardiopulmonary
1529-11 Technology or the National Board for Respiratory Care from
1530-12 performing pulmonary function tests and respiratory care
1531-13 procedures related to the pulmonary function test. Individuals
1532-14 who do not possess a license to practice respiratory care or a
1533-15 license in another health care field may perform basic
1534-16 screening spirometry limited to peak flow, forced vital
1535-17 capacity, slow vital capacity, and maximum voluntary
1536-18 ventilation if they possess spirometry certification from the
1537-19 National Institute for Occupational Safety and Health, an
1538-20 Office Spirometry Certificate from the American Association
1539-21 for Respiratory Care, or other similarly accepted
1540-22 certification training.
1541-23 (g) Nothing in this Act shall prohibit the collection and
1542-24 analysis of blood by clinical laboratory personnel meeting the
1543-25 personnel standards of the Illinois Clinical Laboratory Act.
1544-26 (h) Nothing in this Act shall prohibit a polysomnographic
1545-
1546-
1547-
1548-
1549-
1550- SB2494 Engrossed - 44 - LRB104 09451 AAS 19511 b
1551-
1552-
1553-SB2494 Engrossed- 45 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 45 - LRB104 09451 AAS 19511 b
1554- SB2494 Engrossed - 45 - LRB104 09451 AAS 19511 b
1555-1 technologist, technician, or trainee, as defined in the job
1556-2 descriptions jointly accepted by the American Academy of Sleep
1557-3 Medicine, the Association of Polysomnographic Technologists,
1558-4 the Board of Registered Polysomnographic Technologists, and
1559-5 the American Society of Electroneurodiagnostic Technologists,
1560-6 from performing activities within the scope of practice of
1561-7 polysomnographic technology while under the direction of a
1562-8 physician licensed in this State.
1563-9 (i) Nothing in this Act shall prohibit a family member
1564-10 from providing respiratory care services to an ill person.
1565-11 (j) Nothing in this Act shall be construed to limit an
1566-12 unlicensed practitioner in a licensed hospital who is working
1567-13 under the proximate supervision of a licensed health care
1568-14 professional or other authorized licensed personnel and
1569-15 providing direct patient care services from performing basic
1570-16 respiratory care activities if the unlicensed practitioner (i)
1571-17 has been trained to perform the basic respiratory care
1572-18 activities at the facility that employs or contracts with the
1573-19 individual and (ii) at a minimum, has annually received an
1574-20 evaluation of the unlicensed practitioner's performance of
1575-21 basic respiratory care activities documented by the facility.
1576-22 (k) Nothing in this Act shall be construed to prohibit a
1577-23 person enrolled in a respiratory care education program or an
1578-24 approved course of study leading to a degree or certification
1579-25 in a health care-related discipline that provides respiratory
1580-26 care activities within the person's his or her scope of
1581-
1582-
1583-
1584-
1585-
1586- SB2494 Engrossed - 45 - LRB104 09451 AAS 19511 b
1587-
1588-
1589-SB2494 Engrossed- 46 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 46 - LRB104 09451 AAS 19511 b
1590- SB2494 Engrossed - 46 - LRB104 09451 AAS 19511 b
1591-1 practice and employed in a licensed hospital in order to
1592-2 provide direct patient care services under the proximate
1593-3 supervision direction of other authorized licensed personnel
1594-4 from providing respiratory care activities.
1595-5 (l) Nothing in this Act prohibits a person licensed as a
1596-6 respiratory care practitioner in another jurisdiction from
1597-7 providing respiratory care: (i) in a declared emergency in
1598-8 this State; (ii) as a member of an organ procurement team; or
1599-9 (iii) as part of a medical transport team that is transporting
1600-10 a patient into or out of this State.
1601-11 (Source: P.A. 99-230, eff. 8-3-15; 100-513, eff. 1-1-18.)
1602-12 (225 ILCS 106/20)
1603-13 (Section scheduled to be repealed on January 1, 2026)
1604-14 Sec. 20. Restrictions and limitations.
1605-15 (a) No person shall, without a valid license as a
1606-16 respiratory care practitioner (i) hold oneself himself or
1607-17 herself out to the public as a respiratory care practitioner;
1608-18 (ii) use the title "respiratory care practitioner"; or (iii)
1609-19 perform or offer to perform the duties of a respiratory care
1610-20 practitioner, except as provided in Section 15 of this Act.
1611-21 (b) Nothing in the Act shall be construed to permit a
1612-22 person licensed as a respiratory care practitioner to engage
1613-23 in any manner in the practice of medicine in all its branches
1614-24 as defined by State law.
1198+SB2494- 34 -LRB104 09451 AAS 19511 b SB2494 - 34 - LRB104 09451 AAS 19511 b
1199+ SB2494 - 34 - LRB104 09451 AAS 19511 b
1200+1 her license may, in the discretion of the Department, be
1201+2 suspended, revoked, placed on probationary status, or the
1202+3 Department may take whatever disciplinary action is considered
1203+4 proper, including, limiting the scope, nature, or extent of
1204+5 the person's practice or the imposition of a fine, without a
1205+6 hearing, if the act or acts charged constitute sufficient
1206+7 grounds for an action under this Act. The written notice may be
1207+8 served by personal delivery or certified mail to the address
1208+9 of record or by email to the email address of record.
1209+10 (Source: P.A. 99-230, eff. 8-3-15.)
1210+11 (225 ILCS 106/110)
1211+12 (Section scheduled to be repealed on January 1, 2026)
1212+13 Sec. 110. Record of proceedings; transcript. The
1213+14 Department, at its expense, shall provide a certified
1214+15 shorthand reporter to take down the testimony and preserve the
1215+16 record of all proceedings at a formal hearing of any case. The
1216+17 notice of hearing, complaint, all other documents in the
1217+18 nature of pleadings and written motions filed in the
1218+19 proceedings, the transcript of testimony, the report of the
1219+20 Board and orders of the Department shall be in the record of
1220+21 the proceedings. The record may be made available to any
1221+22 person interested in the hearing upon payment of the fee
1222+23 required by Section 2105-115 of the Department of Professional
1223+24 Regulation Law of the Civil Administrative Code of Illinois.
16151224 25 (Source: P.A. 99-230, eff. 8-3-15.)
16161225
16171226
16181227
16191228
16201229
1621- SB2494 Engrossed - 46 - LRB104 09451 AAS 19511 b
1230+ SB2494 - 34 - LRB104 09451 AAS 19511 b
16221231
16231232
1624-SB2494 Engrossed- 47 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 47 - LRB104 09451 AAS 19511 b
1625- SB2494 Engrossed - 47 - LRB104 09451 AAS 19511 b
1626-1 (225 ILCS 106/22)
1233+SB2494- 35 -LRB104 09451 AAS 19511 b SB2494 - 35 - LRB104 09451 AAS 19511 b
1234+ SB2494 - 35 - LRB104 09451 AAS 19511 b
1235+1 (225 ILCS 106/135)
16271236 2 (Section scheduled to be repealed on January 1, 2026)
1628-3 Sec. 22. Durable medical equipment use and training.
1629-4 (a) Notwithstanding any other provision of this Act,
1630-5 unlicensed or non-credentialed individuals who deliver
1631-6 prescribed respiratory care equipment, including, but not
1632-7 limited to, oxygen, oxygen concentrators, pulmonary hygiene
1633-8 devices, aerosol compressors and generators, suction machines,
1634-9 and positive airway pressure devices, may deliver, set up,
1635-10 calibrate, and demonstrate the mechanical operation of a
1636-11 specific piece of equipment to the patient, family, and
1637-12 caregivers, with the exception of mechanical ventilators,
1638-13 which only a licensed respiratory care practitioner or other
1639-14 authorized licensed personnel operating within the licensed
1640-15 respiratory care practitioner's or other authorized licensed
1641-16 personnel's the scope of his or her scope of practice may
1642-17 deliver and set up. Demonstration of the mechanical operation
1643-18 of a specific piece of equipment includes demonstration of the
1644-19 on-off switches, emergency buttons, and alarm silence and
1645-20 reset buttons, as appropriate. In order for unlicensed or
1646-21 non-credentialed personnel to deliver, set up, calibrate, and
1647-22 demonstrate a specific piece of equipment as allowed in this
1648-23 subsection (a), the employer must document that the employee
1649-24 has both received training and demonstrated competency using
1650-25 the specific piece of equipment under the supervision of a
1237+3 Sec. 135. Secretary; rehearing. Whenever the Secretary
1238+4 believes that substantial justice has not been done in the
1239+5 revocation, suspension, refusal to issue or renew a license,
1240+6 or any other discipline of an applicant or licensee, the
1241+7 Secretary he or she may order a rehearing by the same or other
1242+8 hearing officers.
1243+9 (Source: P.A. 99-230, eff. 8-3-15.)
1244+10 (225 ILCS 106/155)
1245+11 (Section scheduled to be repealed on January 1, 2026)
1246+12 Sec. 155. Surrender of license. Upon the revocation or
1247+13 suspension of a license, the licensee shall immediately
1248+14 surrender the his or her license to the Department. If the
1249+15 licensee fails to do so, the Department has the right to seize
1250+16 the license.
1251+17 (Source: P.A. 89-33, eff. 1-1-96.)
1252+18 (225 ILCS 106/160)
1253+19 (Section scheduled to be repealed on January 1, 2026)
1254+20 Sec. 160. Summary suspension of license. The Secretary may
1255+21 summarily suspend the license of a respiratory care
1256+22 practitioner without a hearing, simultaneously with the
1257+23 institution of proceedings for a hearing provided for in
16511258
16521259
16531260
16541261
16551262
1656- SB2494 Engrossed - 47 - LRB104 09451 AAS 19511 b
1263+ SB2494 - 35 - LRB104 09451 AAS 19511 b
16571264
16581265
1659-SB2494 Engrossed- 48 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 48 - LRB104 09451 AAS 19511 b
1660- SB2494 Engrossed - 48 - LRB104 09451 AAS 19511 b
1661-1 respiratory care practitioner licensed by this State or some
1662-2 other licensed practitioner operating within the licensed
1663-3 practitioner's his or her scope of practice.
1664-4 Equipment demonstration is not to be interpreted as
1665-5 teaching, administration, or performance of respiratory care.
1666-6 Unlicensed or non-credentialed individuals may not attach the
1667-7 equipment to the patient or instruct the patient, family, or
1668-8 caregiver on the use of the equipment beyond the mechanical
1669-9 functions of the device.
1670-10 (b) Patients, family, and caregivers must be taught to use
1671-11 the equipment for the intended clinical application by a
1672-12 licensed respiratory care practitioner or other licensed
1673-13 health care professional operating within the licensed
1674-14 practitioner's his or her scope of practice. This instruction
1675-15 may occur through follow-up after delivery, with an identical
1676-16 model in the health care facility prior to discharge or with an
1677-17 identical model at the medical supply office. Instructions to
1678-18 the patient regarding the clinical use of equipment, patient
1679-19 monitoring, patient assessment, or any other procedure used
1680-20 with the intent of evaluating the effectiveness of the
1681-21 treatment must be performed by a respiratory care practitioner
1682-22 licensed by this State or any other licensed practitioner
1683-23 operating within the licensed practitioner's his or her scope
1684-24 of practice.
1685-25 (Source: P.A. 99-230, eff. 8-3-15.)
1266+SB2494- 36 -LRB104 09451 AAS 19511 b SB2494 - 36 - LRB104 09451 AAS 19511 b
1267+ SB2494 - 36 - LRB104 09451 AAS 19511 b
1268+1 Section 105 of this Act, if the Secretary finds that evidence
1269+2 in the Secretary's his or her possession indicates that the
1270+3 continuation of practice by the respiratory care practitioner
1271+4 would constitute an imminent danger to the public. In the
1272+5 event that the Secretary summarily suspends the license of
1273+6 respiratory care practitioner without a hearing, a hearing
1274+7 must be commenced within 30 calendar days after the suspension
1275+8 has occurred and concluded as expeditiously as practical.
1276+9 (Source: P.A. 99-230, eff. 8-3-15.)
1277+10 (225 ILCS 106/170)
1278+11 (Section scheduled to be repealed on January 1, 2026)
1279+12 Sec. 170. Administrative review; certification of record;
1280+13 costs.
1281+14 All final administrative decisions of the Department are
1282+15 subject to judicial review pursuant to the Administrative
1283+16 Review Law and its rules. The term "administrative decision"
1284+17 is defined as in Section 3-101 of the Code of Civil Procedure.
1285+18 Proceedings for judicial review shall be commenced in the
1286+19 circuit court of the county in which the party applying for
1287+20 review resides, but if the party is not a resident of this
1288+21 State, the venue shall be in Sangamon County.
1289+22 The Department shall not be required to certify any record
1290+23 to the court, or file an answer in court, or otherwise appear
1291+24 in any court in a judicial review proceeding, unless and until
1292+25 the Department has received from the plaintiff payment of the
16861293
16871294
16881295
16891296
16901297
1691- SB2494 Engrossed - 48 - LRB104 09451 AAS 19511 b
1298+ SB2494 - 36 - LRB104 09451 AAS 19511 b
16921299
16931300
1694-SB2494 Engrossed- 49 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 49 - LRB104 09451 AAS 19511 b
1695- SB2494 Engrossed - 49 - LRB104 09451 AAS 19511 b
1696-1 (225 ILCS 106/30)
1697-2 (Section scheduled to be repealed on January 1, 2026)
1698-3 Sec. 30. Powers and duties of the Department. Subject to
1699-4 the provision of this Act, the Department may:
1700-5 (a) Authorize examinations to ascertain the
1701-6 qualifications and fitness of an applicant for licensure
1702-7 as a respiratory care practitioner.
1703-8 (b) Pass upon the qualifications of an applicant for
1704-9 licensure by endorsement.
1705-10 (c) Conduct hearings on proceedings to refuse to
1706-11 issue, renew, or revoke a license or to suspend, place on
1707-12 probation, or reprimand a license issued or applied for
1708-13 under this Act.
1709-14 (d) Formulate rules required for the administration of
1710-15 this Act. Notice of proposed rulemaking shall be
1711-16 transmitted to the Board, and the Department shall review
1712-17 the Board's response and any recommendations made in the
1713-18 response.
1714-19 (e) Solicit the advice and expert knowledge of the
1715-20 Board on any matter relating to the administration and
1716-21 enforcement of this Act.
1717-22 (f) (Blank).
1718-23 (g) (Blank). Maintain a roster of the names and
1719-24 addresses of all licenses and all persons whose licenses
1720-25 have been suspended, revoked, or denied renewal for cause
1721-26 within the previous calendar year. The roster shall be
1301+SB2494- 37 -LRB104 09451 AAS 19511 b SB2494 - 37 - LRB104 09451 AAS 19511 b
1302+ SB2494 - 37 - LRB104 09451 AAS 19511 b
1303+1 costs of furnishing and certifying the record, which costs
1304+2 shall be determined by the Department. Exhibits shall be
1305+3 certified without cost. Failure on the part of the plaintiff
1306+4 to file a receipt is grounds for dismissal of the action.
1307+5 During the pendency and hearing of any and all judicial
1308+6 proceedings incident to the disciplinary action, the sanctions
1309+7 imposed upon the accused by the Department specified in the
1310+8 Department's final administrative decision shall, as a matter
1311+9 of public policy, remain in full force and effect in order to
1312+10 protect the public pending final resolution of any of the
1313+11 proceedings.
1314+12 (Source: P.A. 99-230, eff. 8-3-15.)
1315+13 (225 ILCS 106/180)
1316+14 (Section scheduled to be repealed on January 1, 2026)
1317+15 Sec. 180. Illinois Administrative Procedure Act;
1318+16 application. The Illinois Administrative Procedure Act is
1319+17 hereby expressly adopted and incorporated in this Act as if
1320+18 all of the provisions of the Act were included in this Act,
1321+19 except that the provision of paragraph (d) of Section 10-65 of
1322+20 the Illinois Administrative Procedure Act, which provides that
1323+21 at hearings the registrant or licensee has the right to show
1324+22 compliance with all lawful requirements for retention or
1325+23 continuation or renewal of the license, is specifically
1326+24 excluded. For the purpose of this Act, the notice required
1327+25 under Section 10-25 of the Illinois Administrative Procedure
17221328
17231329
17241330
17251331
17261332
1727- SB2494 Engrossed - 49 - LRB104 09451 AAS 19511 b
1333+ SB2494 - 37 - LRB104 09451 AAS 19511 b
17281334
17291335
1730-SB2494 Engrossed- 50 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 50 - LRB104 09451 AAS 19511 b
1731- SB2494 Engrossed - 50 - LRB104 09451 AAS 19511 b
1732-1 available upon written request and payment of the required
1733-2 fee.
1734-3 (Source: P.A. 99-230, eff. 8-3-15.)
1735-4 (225 ILCS 106/35)
1736-5 (Section scheduled to be repealed on January 1, 2026)
1737-6 Sec. 35. Respiratory Care Board.
1738-7 (a) The Secretary shall appoint a Respiratory Care Board
1739-8 which shall serve in an advisory capacity to the Secretary.
1740-9 The Board shall consist of 5 7 persons of which 3 4 members
1741-10 shall be currently engaged in the practice of respiratory care
1742-11 with a minimum of 3 years practice in the State of Illinois,
1743-12 one member shall be a qualified medical director, and one
1744-13 member 2 members shall be a hospital administrator
1745-14 administrators.
1746-15 (b) Members shall be appointed to a 4-year term. A member
1747-16 whose term has expired shall continue to serve until his or her
1748-17 successor is appointed and qualified. No member shall be
1749-18 reappointed to the Board for a term that would cause his or her
1750-19 continuous service on the Board to be longer than 10 years.
1751-20 Appointments to fill vacancies shall be made in the same
1752-21 manner as original appointments for the unexpired portion of
1753-22 the vacated term.
1754-23 (c) The membership of the Board shall reasonably represent
1755-24 all the geographic areas in this State. The Secretary shall
1756-25 consider the recommendations of the organization representing
1336+SB2494- 38 -LRB104 09451 AAS 19511 b SB2494 - 38 - LRB104 09451 AAS 19511 b
1337+ SB2494 - 38 - LRB104 09451 AAS 19511 b
1338+1 Act is considered sufficient when mailed to address of record
1339+2 or emailed to the email address of record of the licensee or
1340+3 applicant.
1341+4 (Source: P.A. 99-230, eff. 8-3-15.)
1342+5 Section 99. Effective date. This Section and Section 5
1343+6 take effect upon becoming law.
1344+SB2494- 39 -LRB104 09451 AAS 19511 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.364 5 ILCS 80/4.41 new5 225 ILCS 106/106 225 ILCS 106/12 new7 225 ILCS 106/158 225 ILCS 106/209 225 ILCS 106/2210 225 ILCS 106/3011 225 ILCS 106/3512 225 ILCS 106/4213 225 ILCS 106/5014 225 ILCS 106/6015 225 ILCS 106/6516 225 ILCS 106/7017 225 ILCS 106/8018 225 ILCS 106/8519 225 ILCS 106/9020 225 ILCS 106/9521 225 ILCS 106/10022 225 ILCS 106/10523 225 ILCS 106/11024 225 ILCS 106/13525 225 ILCS 106/155 SB2494- 40 -LRB104 09451 AAS 19511 b SB2494- 39 -LRB104 09451 AAS 19511 b SB2494 - 39 - LRB104 09451 AAS 19511 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.36 4 5 ILCS 80/4.41 new 5 225 ILCS 106/10 6 225 ILCS 106/12 new 7 225 ILCS 106/15 8 225 ILCS 106/20 9 225 ILCS 106/22 10 225 ILCS 106/30 11 225 ILCS 106/35 12 225 ILCS 106/42 13 225 ILCS 106/50 14 225 ILCS 106/60 15 225 ILCS 106/65 16 225 ILCS 106/70 17 225 ILCS 106/80 18 225 ILCS 106/85 19 225 ILCS 106/90 20 225 ILCS 106/95 21 225 ILCS 106/100 22 225 ILCS 106/105 23 225 ILCS 106/110 24 225 ILCS 106/135 25 225 ILCS 106/155 SB2494- 40 -LRB104 09451 AAS 19511 b SB2494 - 40 - LRB104 09451 AAS 19511 b
1345+SB2494- 39 -LRB104 09451 AAS 19511 b SB2494 - 39 - LRB104 09451 AAS 19511 b
1346+ SB2494 - 39 - LRB104 09451 AAS 19511 b
1347+1 INDEX
1348+2 Statutes amended in order of appearance
1349+3 5 ILCS 80/4.36
1350+4 5 ILCS 80/4.41 new
1351+5 225 ILCS 106/10
1352+6 225 ILCS 106/12 new
1353+7 225 ILCS 106/15
1354+8 225 ILCS 106/20
1355+9 225 ILCS 106/22
1356+10 225 ILCS 106/30
1357+11 225 ILCS 106/35
1358+12 225 ILCS 106/42
1359+13 225 ILCS 106/50
1360+14 225 ILCS 106/60
1361+15 225 ILCS 106/65
1362+16 225 ILCS 106/70
1363+17 225 ILCS 106/80
1364+18 225 ILCS 106/85
1365+19 225 ILCS 106/90
1366+20 225 ILCS 106/95
1367+21 225 ILCS 106/100
1368+22 225 ILCS 106/105
1369+23 225 ILCS 106/110
1370+24 225 ILCS 106/135
1371+25 225 ILCS 106/155
1372+SB2494- 40 -LRB104 09451 AAS 19511 b SB2494 - 40 - LRB104 09451 AAS 19511 b
1373+ SB2494 - 40 - LRB104 09451 AAS 19511 b
17571374
17581375
17591376
17601377
17611378
1762- SB2494 Engrossed - 50 - LRB104 09451 AAS 19511 b
1379+ SB2494 - 38 - LRB104 09451 AAS 19511 b
17631380
17641381
1765-SB2494 Engrossed- 51 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 51 - LRB104 09451 AAS 19511 b
1766- SB2494 Engrossed - 51 - LRB104 09451 AAS 19511 b
1767-1 the largest number of respiratory care practitioners for
1768-2 appointment of the respiratory care practitioner members of
1769-3 the Board and the organization representing the largest number
1770-4 of physicians licensed to practice medicine in all its
1771-5 branches for the appointment of the medical director to the
1772-6 Board.
1773-7 (d) The Secretary has the authority to remove any member
1774-8 of the Board for cause at any time before the expiration of his
1775-9 or her term. The Secretary shall be the sole arbiter of cause.
1776-10 (e) The Secretary shall consider the recommendations of
1777-11 the Board on questions involving standards of professional
1778-12 conduct, discipline, and qualifications of candidates for
1779-13 licensure under this Act.
1780-14 (f) The members of the Board shall be reimbursed for all
1781-15 legitimate and necessary expenses incurred in attending
1782-16 meetings of the Board.
1783-17 (g) A majority of the current members of Four members of
1784-18 the Board shall constitute a quorum. A vacancy in the
1785-19 membership of the Board shall not impair the right of a quorum
1786-20 to exercise all of the rights and perform all of the duties of
1787-21 the Board.
1788-22 (h) Members of the Board shall be immune from suit in any
1789-23 action based upon any disciplinary proceedings or other
1790-24 activities performed as members of the Board, except for
1791-25 willful and wanton misconduct.
1792-26 (Source: P.A. 99-230, eff. 8-3-15.)
1382+
1383+SB2494- 39 -LRB104 09451 AAS 19511 b SB2494 - 39 - LRB104 09451 AAS 19511 b
1384+ SB2494 - 39 - LRB104 09451 AAS 19511 b
1385+1 INDEX
1386+2 Statutes amended in order of appearance
1387+3 5 ILCS 80/4.36
1388+4 5 ILCS 80/4.41 new
1389+5 225 ILCS 106/10
1390+6 225 ILCS 106/12 new
1391+7 225 ILCS 106/15
1392+8 225 ILCS 106/20
1393+9 225 ILCS 106/22
1394+10 225 ILCS 106/30
1395+11 225 ILCS 106/35
1396+12 225 ILCS 106/42
1397+13 225 ILCS 106/50
1398+14 225 ILCS 106/60
1399+15 225 ILCS 106/65
1400+16 225 ILCS 106/70
1401+17 225 ILCS 106/80
1402+18 225 ILCS 106/85
1403+19 225 ILCS 106/90
1404+20 225 ILCS 106/95
1405+21 225 ILCS 106/100
1406+22 225 ILCS 106/105
1407+23 225 ILCS 106/110
1408+24 225 ILCS 106/135
1409+25 225 ILCS 106/155
17931410
17941411
17951412
17961413
17971414
1798- SB2494 Engrossed - 51 - LRB104 09451 AAS 19511 b
1415+ SB2494 - 39 - LRB104 09451 AAS 19511 b
17991416
18001417
1801-SB2494 Engrossed- 52 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 52 - LRB104 09451 AAS 19511 b
1802- SB2494 Engrossed - 52 - LRB104 09451 AAS 19511 b
1803-1 (225 ILCS 106/42)
1804-2 (Section scheduled to be repealed on January 1, 2026)
1805-3 Sec. 42. Social Security Number or Individual Taxpayer
1806-4 Identification Number on license application. In addition to
1807-5 any other information required to be contained in the
1808-6 application, every application for an original license under
1809-7 this Act shall include the applicant's Social Security Number
1810-8 or Individual Taxpayer Identification Number, which shall be
1811-9 retained in the agency's records pertaining to the license. As
1812-10 soon as practical, the Department shall assign a customer's
1813-11 identification number to each applicant for a license.
1814-12 Every application for a renewal or restored license shall
1815-13 require the applicant's customer identification number.
1816-14 (Source: P.A. 97-400, eff. 1-1-12.)
1817-15 (225 ILCS 106/50)
1818-16 (Section scheduled to be repealed on January 1, 2026)
1819-17 Sec. 50. Qualifications for a license.
1820-18 (a) A person is qualified to be licensed as a licensed
1821-19 respiratory care practitioner, and the Department may issue a
1822-20 license authorizing the practice of respiratory care to an
1823-21 applicant who:
1824-22 (1) has applied in writing or electronically on the
1825-23 prescribed form and has paid the required fee;
1826-24 (2) has successfully completed a respiratory care
1418+SB2494- 40 -LRB104 09451 AAS 19511 b SB2494 - 40 - LRB104 09451 AAS 19511 b
1419+ SB2494 - 40 - LRB104 09451 AAS 19511 b
18271420
18281421
18291422
18301423
18311424
1832- SB2494 Engrossed - 52 - LRB104 09451 AAS 19511 b
1833-
1834-
1835-SB2494 Engrossed- 53 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 53 - LRB104 09451 AAS 19511 b
1836- SB2494 Engrossed - 53 - LRB104 09451 AAS 19511 b
1837-1 training program approved by the Department;
1838-2 (3) has successfully passed an examination for the
1839-3 practice of respiratory care authorized by the Department,
1840-4 within 5 years of making application; and
1841-5 (4) has paid the fees required by this Act.
1842-6 Any person who has received certification by any state or
1843-7 national organization whose standards are accepted by the
1844-8 Department as being substantially similar to the standards in
1845-9 this Act may apply for a respiratory care practitioner license
1846-10 without examination.
1847-11 (b) Beginning 6 months after December 31, 2005, all
1848-12 individuals who provide satisfactory evidence to the
1849-13 Department of 3 years of experience, with a minimum of 400
1850-14 hours per year, in the practice of respiratory care during the
1851-15 5 years immediately preceding December 31, 2005 shall be
1852-16 issued a license, unless the license may be denied under
1853-17 Section 95 of this Act. This experience must have been
1854-18 obtained while under the supervision of a certified
1855-19 respiratory therapist, a registered respiratory therapist, or
1856-20 a licensed registered nurse or under the supervision or
1857-21 direction of a licensed health care professional. All
1858-22 applications for a license under this subsection (b) shall be
1859-23 postmarked within 12 months after December 31, 2005.
1860-24 (c) A person may practice as a respiratory care
1861-25 practitioner if he or she has applied in writing to the
1862-26 Department in form and substance satisfactory to the
1863-
1864-
1865-
1866-
1867-
1868- SB2494 Engrossed - 53 - LRB104 09451 AAS 19511 b
1869-
1870-
1871-SB2494 Engrossed- 54 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 54 - LRB104 09451 AAS 19511 b
1872- SB2494 Engrossed - 54 - LRB104 09451 AAS 19511 b
1873-1 Department for a license as a licensed respiratory care
1874-2 practitioner and has complied with all the provisions under
1875-3 this Section except for the passing of an examination to be
1876-4 eligible to receive such license, until the Department has
1877-5 made the decision that the applicant has failed to pass the
1878-6 next available examination authorized by the Department or has
1879-7 failed, without an approved excuse, to take the next available
1880-8 examination authorized by the Department or until the
1881-9 withdrawal of the application, but not to exceed 6 months. An
1882-10 applicant practicing professional registered respiratory care
1883-11 under this subsection (c) who passes the examination, however,
1884-12 may continue to practice under this subsection (c) until such
1885-13 time as he or she receives his or her license to practice or
1886-14 until the Department notifies him or her that the license has
1887-15 been denied. No applicant for licensure practicing under the
1888-16 provisions of this subsection (c) shall practice professional
1889-17 respiratory care except under the proximate direct supervision
1890-18 of a licensed health care professional or authorized licensed
1891-19 personnel. In no instance shall any such applicant practice or
1892-20 be employed in any supervisory capacity.
1893-21 (Source: P.A. 94-523, eff. 1-1-06.)
1894-22 (225 ILCS 106/60)
1895-23 (Section scheduled to be repealed on January 1, 2026)
1896-24 Sec. 60. Professional identification; advertising.
1897-25 (a) A person who is licensed pursuant to this Act with the
1898-
1899-
1900-
1901-
1902-
1903- SB2494 Engrossed - 54 - LRB104 09451 AAS 19511 b
1904-
1905-
1906-SB2494 Engrossed- 55 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 55 - LRB104 09451 AAS 19511 b
1907- SB2494 Engrossed - 55 - LRB104 09451 AAS 19511 b
1908-1 Department of Professional Regulation in this State may use
1909-2 the title "respiratory care practitioner" and the abbreviation
1910-3 "RCP".
1911-4 (b) A licensee shall include in every advertisement for
1912-5 services regulated under this Act the licensee's his or her
1913-6 title as it appears on the license or the initials authorized
1914-7 under this Act.
1915-8 (Source: P.A. 91-310, eff. 1-1-00; 91-357, eff. 7-29-99.)
1916-9 (225 ILCS 106/65)
1917-10 (Section scheduled to be repealed on January 1, 2026)
1918-11 Sec. 65. Licenses; renewal; restoration; inactive status.
1919-12 (a) The expiration date and renewal period for each
1920-13 license issued under this Act shall be set by rule. The
1921-14 licensee may renew a license during the 30 day period
1922-15 preceding its expiration date by paying the required fee and
1923-16 demonstrating compliance with any continuing education
1924-17 requirements.
1925-18 (b) A person who has permitted a license to expire or who
1926-19 has a license on inactive status may have it restored by
1927-20 submitting an application to the Department and filing proof
1928-21 of fitness, as defined by rule, to have the license restored,
1929-22 including, if appropriate, evidence that is satisfactory to
1930-23 the Department certifying the active practice of respiratory
1931-24 care in another jurisdiction and by paying the required fee.
1932-25 A person practicing on an expired license is considered to
1933-
1934-
1935-
1936-
1937-
1938- SB2494 Engrossed - 55 - LRB104 09451 AAS 19511 b
1939-
1940-
1941-SB2494 Engrossed- 56 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 56 - LRB104 09451 AAS 19511 b
1942- SB2494 Engrossed - 56 - LRB104 09451 AAS 19511 b
1943-1 be practicing without a license.
1944-2 (c) If the person has not maintained an active practice
1945-3 that is satisfactory to the Department in another
1946-4 jurisdiction, the Department shall determine the person's
1947-5 fitness to resume active status. The Department may require
1948-6 the person to complete a specified period of evaluated
1949-7 respiratory care and may require successful completion of an
1950-8 examination.
1951-9 (d) A person whose license expired while that person he or
1952-10 she was (1) in federal service on active duty with the Armed
1953-11 Forces of the United States or called into service or training
1954-12 with the State Militia, or (2) in training or education under
1955-13 the supervision of the United States government preliminary to
1956-14 induction into military service may have the his or her
1957-15 license restored without paying any lapsed renewal fees if,
1958-16 within 2 years after the termination of the person's his or her
1959-17 service, training, or education, except under conditions other
1960-18 than honorable, the Department is furnished with satisfactory
1961-19 evidence that the person has been so engaged and that the
1962-20 service, training, or education has been terminated.
1963-21 (e) A license to practice shall not be denied any
1964-22 applicant because of the applicant's race, religion, creed,
1965-23 national origin, political beliefs, or activities, age, sex,
1966-24 sexual orientation, or physical impairment.
1967-25 (Source: P.A. 99-230, eff. 8-3-15.)
1968-
1969-
1970-
1971-
1972-
1973- SB2494 Engrossed - 56 - LRB104 09451 AAS 19511 b
1974-
1975-
1976-SB2494 Engrossed- 57 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 57 - LRB104 09451 AAS 19511 b
1977- SB2494 Engrossed - 57 - LRB104 09451 AAS 19511 b
1978-1 (225 ILCS 106/70)
1979-2 (Section scheduled to be repealed on January 1, 2026)
1980-3 Sec. 70. Inactive status. A person who notifies the
1981-4 Department in writing on forms prescribed by the Department
1982-5 may elect to place the person's his or her license on an
1983-6 inactive status and shall, subject to rules of the Department,
1984-7 be excused from payment of renewal fees until that person he or
1985-8 she notifies the Department in writing of a desire to resume
1986-9 active status.
1987-10 A person requesting restoration from inactive status shall
1988-11 be required to pay the current renewal fee and shall be
1989-12 required to restore the his or her license as provided in
1990-13 Section 65 of this Act.
1991-14 Practice by a respiratory care practitioner whose license
1992-15 is in an inactive status shall be considered to be the
1993-16 unlicensed practice of respiratory care and shall be grounds
1994-17 for discipline under this Act.
1995-18 (Source: P.A. 89-33, eff. 1-1-96.)
1996-19 (225 ILCS 106/80)
1997-20 (Section scheduled to be repealed on January 1, 2026)
1998-21 Sec. 80. Returned checks; fines. Any person who delivers a
1999-22 check or other payment to the Department that is returned to
2000-23 the Department unpaid by the financial institution upon which
2001-24 it is drawn shall pay to the Department, in addition to the
2002-25 amount already owed to the Department, a fine of $50. The fines
2003-
2004-
2005-
2006-
2007-
2008- SB2494 Engrossed - 57 - LRB104 09451 AAS 19511 b
2009-
2010-
2011-SB2494 Engrossed- 58 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 58 - LRB104 09451 AAS 19511 b
2012- SB2494 Engrossed - 58 - LRB104 09451 AAS 19511 b
2013-1 imposed by this Section are in addition to any other
2014-2 discipline provided under this Act for unlicensed practice or
2015-3 practice on a nonrenewed license. The Department shall notify
2016-4 the person that payment of fees and fines shall be paid to the
2017-5 Department by certified check or money order within 30
2018-6 calendar days of the notification. If, after the expiration of
2019-7 30 days from the date of the notification, the person has
2020-8 failed to submit the necessary remittance, the Department
2021-9 shall automatically terminate the license or certificate or
2022-10 deny the application, without hearing. If, after termination
2023-11 or denial, the person seeks a license or certificate, that
2024-12 person he or she shall apply to the Department for restoration
2025-13 or issuance of the license or certificate and pay all fees and
2026-14 fines due to the Department. The Department may establish a
2027-15 fee for the processing of an application for restoration of a
2028-16 license or certificate to pay all expenses of processing this
2029-17 application. The Secretary may waive the fines due under this
2030-18 Section in individual cases where the Secretary finds that the
2031-19 fines would be unreasonable or unnecessarily burdensome.
2032-20 (Source: P.A. 99-230, eff. 8-3-15.)
2033-21 (225 ILCS 106/85)
2034-22 (Section scheduled to be repealed on January 1, 2026)
2035-23 Sec. 85. Endorsement.
2036-24 (a) The Department may issue a license as a respiratory
2037-25 care practitioner without the required examination, to an
2038-
2039-
2040-
2041-
2042-
2043- SB2494 Engrossed - 58 - LRB104 09451 AAS 19511 b
2044-
2045-
2046-SB2494 Engrossed- 59 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 59 - LRB104 09451 AAS 19511 b
2047- SB2494 Engrossed - 59 - LRB104 09451 AAS 19511 b
2048-1 applicant licensed under the laws of another state or United
2049-2 States jurisdiction whose standards in the opinion of the
2050-3 Department, are substantially equivalent at the date of the
2051-4 his or her licensure in the other jurisdiction to the
2052-5 requirements of this Act or the applicant, at the time of
2053-6 licensure, possessed individual qualifications which were
2054-7 substantially equivalent to the requirements of this Act. The
2055-8 applicant shall pay all of the required fees.
2056-9 (b) An applicant shall have 3 years from the date of
2057-10 application to complete the application process. If the
2058-11 process has not been completed within 3 years, the application
2059-12 shall be denied, the fee forfeited, and the applicant must
2060-13 reapply and meet the requirements in effect at the time of
2061-14 reapplication.
2062-15 (Source: P.A. 89-33, eff. 1-1-96.)
2063-16 (225 ILCS 106/90)
2064-17 (Section scheduled to be repealed on January 1, 2026)
2065-18 Sec. 90. Continuing education. Proof or certification of
2066-19 having met the minimum requirement of continuing education as
2067-20 determined by the Department shall be required of all license
2068-21 and certificate renewals. Pursuant to rule, the continuing
2069-22 education requirement may upon petition be waived in whole or
2070-23 in part if the respiratory care practitioner can demonstrate
2071-24 that the practitioner he or she had served in the Coast Guard
2072-25 or Armed Forces, had an extreme hardship as defined by rule, or
2073-
2074-
2075-
2076-
2077-
2078- SB2494 Engrossed - 59 - LRB104 09451 AAS 19511 b
2079-
2080-
2081-SB2494 Engrossed- 60 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 60 - LRB104 09451 AAS 19511 b
2082- SB2494 Engrossed - 60 - LRB104 09451 AAS 19511 b
2083-1 obtained the license or certification by examination or
2084-2 endorsement within the preceding renewal period.
2085-3 The Department shall establish by rule a means for the
2086-4 verification of completion of the continuing education
2087-5 required by this Section. This verification may be
2088-6 accomplished through audits of records maintained by
2089-7 licensees; by requiring the filing of continuing education
2090-8 certificates with the Department; or by other means
2091-9 established by the Department.
2092-10 (Source: P.A. 89-33, eff. 1-1-96.)
2093-11 (225 ILCS 106/95)
2094-12 (Section scheduled to be repealed on January 1, 2026)
2095-13 Sec. 95. Grounds for discipline.
2096-14 (a) The Department may refuse to issue, renew, or may
2097-15 revoke, suspend, place on probation, reprimand, or take other
2098-16 disciplinary or non-disciplinary action as the Department
2099-17 considers appropriate, including the issuance of fines not to
2100-18 exceed $10,000 for each violation, with regard to any license
2101-19 for any one or combination of the following:
2102-20 (1) Material misstatement in furnishing information to
2103-21 the Department or to any other State or federal agency.
2104-22 (2) Violations of this Act, or any of the rules
2105-23 adopted under this Act.
2106-24 (3) Conviction by plea of guilty or nolo contendere,
2107-25 finding of guilt, jury verdict, or entry of judgment or by
2108-
2109-
2110-
2111-
2112-
2113- SB2494 Engrossed - 60 - LRB104 09451 AAS 19511 b
2114-
2115-
2116-SB2494 Engrossed- 61 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 61 - LRB104 09451 AAS 19511 b
2117- SB2494 Engrossed - 61 - LRB104 09451 AAS 19511 b
2118-1 sentencing of any crime, including, but not limited to,
2119-2 convictions preceding sentences of supervision,
2120-3 conditional discharge, or first offender probation, under
2121-4 the laws of any jurisdiction of the United States or any
2122-5 state or territory thereof: (i) that is a felony or (ii)
2123-6 that is a misdemeanor, an essential element of which is
2124-7 dishonesty, or that is directly related to the practice of
2125-8 the profession.
2126-9 (4) Making any misrepresentation for the purpose of
2127-10 obtaining a license.
2128-11 (5) Professional incompetence or negligence in the
2129-12 rendering of respiratory care services.
2130-13 (6) Malpractice.
2131-14 (7) Aiding or assisting another person in violating
2132-15 any rules or provisions of this Act.
2133-16 (8) Failing to provide information within 60 days in
2134-17 response to a written request made by the Department.
2135-18 (9) Engaging in dishonorable, unethical, or
2136-19 unprofessional conduct of a character likely to deceive,
2137-20 defraud, or harm the public.
2138-21 (10) Violating the rules of professional conduct
2139-22 adopted by the Department.
2140-23 (11) Discipline by another jurisdiction, if at least
2141-24 one of the grounds for the discipline is the same or
2142-25 substantially equivalent to those set forth in this Act.
2143-26 (12) Directly or indirectly giving to or receiving
2144-
2145-
2146-
2147-
2148-
2149- SB2494 Engrossed - 61 - LRB104 09451 AAS 19511 b
2150-
2151-
2152-SB2494 Engrossed- 62 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 62 - LRB104 09451 AAS 19511 b
2153- SB2494 Engrossed - 62 - LRB104 09451 AAS 19511 b
2154-1 from any person, firm, corporation, partnership, or
2155-2 association any fee, commission, rebate, or other form of
2156-3 compensation for any professional services not actually
2157-4 rendered. Nothing in this paragraph (12) affects any bona
2158-5 fide independent contractor or employment arrangements
2159-6 among health care professionals, health facilities, health
2160-7 care providers, or other entities, except as otherwise
2161-8 prohibited by law. Any employment arrangements may include
2162-9 provisions for compensation, health insurance, pension, or
2163-10 other employment benefits for the provision of services
2164-11 within the scope of the licensee's practice under this
2165-12 Act. Nothing in this paragraph (12) shall be construed to
2166-13 require an employment arrangement to receive professional
2167-14 fees for services rendered.
2168-15 (13) A finding that the licensee, after having the her
2169-16 or his license placed on probationary status or subject to
2170-17 conditions or restrictions, has violated the terms of
2171-18 probation or failed to comply with such terms or
2172-19 conditions.
2173-20 (14) Abandonment of a patient.
2174-21 (15) Willfully filing false records or reports
2175-22 relating to a licensee's practice including, but not
2176-23 limited to, false records filed with a federal or State
2177-24 agency or department.
2178-25 (16) Willfully failing to report an instance of
2179-26 suspected child abuse or neglect as required by the Abused
2180-
2181-
2182-
2183-
2184-
2185- SB2494 Engrossed - 62 - LRB104 09451 AAS 19511 b
2186-
2187-
2188-SB2494 Engrossed- 63 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 63 - LRB104 09451 AAS 19511 b
2189- SB2494 Engrossed - 63 - LRB104 09451 AAS 19511 b
2190-1 and Neglected Child Reporting Act.
2191-2 (17) Providing respiratory care, other than pursuant
2192-3 to an order.
2193-4 (18) Physical or mental disability including, but not
2194-5 limited to, deterioration through the aging process or
2195-6 loss of motor skills that results in the inability to
2196-7 practice the profession with reasonable judgment, skill,
2197-8 or safety.
2198-9 (19) Solicitation of professional services by using
2199-10 false or misleading advertising.
2200-11 (20) Failure to file a tax return, or to pay the tax,
2201-12 penalty, or interest shown in a filed return, or to pay any
2202-13 final assessment of tax penalty, or interest, as required
2203-14 by any tax Act administered by the Illinois Department of
2204-15 Revenue or any successor agency or the Internal Revenue
2205-16 Service or any successor agency.
2206-17 (21) Irregularities in billing a third party for
2207-18 services rendered or in reporting charges for services not
2208-19 rendered.
2209-20 (22) Being named as a perpetrator in an indicated
2210-21 report by the Department of Children and Family Services
2211-22 under the Abused and Neglected Child Reporting Act, and
2212-23 upon proof by clear and convincing evidence that the
2213-24 licensee has caused a child to be an abused child or
2214-25 neglected child as defined in the Abused and Neglected
2215-26 Child Reporting Act.
2216-
2217-
2218-
2219-
2220-
2221- SB2494 Engrossed - 63 - LRB104 09451 AAS 19511 b
2222-
2223-
2224-SB2494 Engrossed- 64 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 64 - LRB104 09451 AAS 19511 b
2225- SB2494 Engrossed - 64 - LRB104 09451 AAS 19511 b
2226-1 (23) Habitual or excessive use or addiction to
2227-2 alcohol, narcotics, stimulants, or any other chemical
2228-3 agent or drug that results in an inability to practice
2229-4 with reasonable skill, judgment, or safety.
2230-5 (24) Being named as a perpetrator in an indicated
2231-6 report by the Department on Aging under the Adult
2232-7 Protective Services Act, and upon proof by clear and
2233-8 convincing evidence that the licensee has caused an adult
2234-9 with disabilities or an older adult to be abused or
2235-10 neglected as defined in the Adult Protective Services Act.
2236-11 (25) Willfully failing to report an instance of
2237-12 suspected abuse, neglect, financial exploitation, or
2238-13 self-neglect of an adult with disabilities or an older
2239-14 adult as required by the Adult Protective Services Act.
2240-15 (26) Willful omission to file or record, or willfully
2241-16 impeding the filing or recording, or inducing another
2242-17 person to omit to file or record medical reports as
2243-18 required by law or willfully failing to report an instance
2244-19 of suspected child abuse or neglect as required by the
2245-20 Abused and Neglected Child Reporting Act.
2246-21 (27) Practicing under a false or assumed name, except
2247-22 as provided by law.
2248-23 (28) Willfully or negligently violating the
2249-24 confidentiality between licensee and patient, except as
2250-25 required by law.
2251-26 (29) The use of any false, fraudulent, or deceptive
2252-
2253-
2254-
2255-
2256-
2257- SB2494 Engrossed - 64 - LRB104 09451 AAS 19511 b
2258-
2259-
2260-SB2494 Engrossed- 65 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 65 - LRB104 09451 AAS 19511 b
2261- SB2494 Engrossed - 65 - LRB104 09451 AAS 19511 b
2262-1 statement in any document connected with the licensee's
2263-2 practice.
2264-3 (b) The determination by a court that a licensee is
2265-4 subject to involuntary admission or judicial admission as
2266-5 provided in the Mental Health and Developmental Disabilities
2267-6 Code will result in an automatic suspension of the licensee's
2268-7 his or her license. The suspension will end upon a finding by a
2269-8 court that the licensee is no longer subject to involuntary
2270-9 admission or judicial admission, the issuance of an order so
2271-10 finding and discharging the patient, and the recommendation of
2272-11 the Board to the Secretary that the licensee be allowed to
2273-12 resume the licensee's his or her practice.
2274-13 All fines imposed under this Section shall be paid within
2275-14 60 days after the effective date of the order imposing the fine
2276-15 or in accordance with the terms set forth in the order imposing
2277-16 the fine.
2278-17 (Source: P.A. 98-49, eff. 7-1-13; 99-230, eff. 8-3-15.)
2279-18 (225 ILCS 106/100)
2280-19 (Section scheduled to be repealed on January 1, 2026)
2281-20 Sec. 100. Violations; injunctions; cease and desist order.
2282-21 (a) If a person violates any provision of this Act, the
2283-22 Secretary may, in the name of the People of the State of
2284-23 Illinois, through the Attorney General, petition for an order
2285-24 enjoining the violation or an order enforcing compliance with
2286-25 this Act. Upon the filling of a verified petition, the court
2287-
2288-
2289-
2290-
2291-
2292- SB2494 Engrossed - 65 - LRB104 09451 AAS 19511 b
2293-
2294-
2295-SB2494 Engrossed- 66 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 66 - LRB104 09451 AAS 19511 b
2296- SB2494 Engrossed - 66 - LRB104 09451 AAS 19511 b
2297-1 with appropriate jurisdiction may issue a temporary
2298-2 restraining order without notice or bond and may preliminarily
2299-3 and permanently enjoin the violation. If it is established
2300-4 that the person has violated or is violating the injunction,
2301-5 the court may punish the offender for contempt of court.
2302-6 Proceedings under this Section are in addition to all other
2303-7 remedies and penalties provided by this Act.
2304-8 (b) If a person holds oneself himself or herself out as
2305-9 being a respiratory care practitioner under this Act and is
2306-10 not licensed to do so, then any licensed respiratory care
2307-11 practitioner, interested party, or injured person may petition
2308-12 for relief as provided in subsection (a) of this Section.
2309-13 (c) Whenever, in the opinion of the Department, a person
2310-14 violates any provision of this Act, the Department may issue a
2311-15 rule to show cause why an order to cease and desist should not
2312-16 be entered against that person. The rule shall clearly set
2313-17 forth the grounds relied upon by the Department and shall
2314-18 allow at least 7 days from the date of the rule to file an
2315-19 answer satisfactory to the Department. Failure to answer to
2316-20 the satisfaction of the Department shall cause an order to
2317-21 cease and desist to be issued.
2318-22 (Source: P.A. 99-230, eff. 8-3-15.)
2319-23 (225 ILCS 106/105)
2320-24 (Section scheduled to be repealed on January 1, 2026)
2321-25 Sec. 105. Investigations; notice; hearing. The Department
2322-
2323-
2324-
2325-
2326-
2327- SB2494 Engrossed - 66 - LRB104 09451 AAS 19511 b
2328-
2329-
2330-SB2494 Engrossed- 67 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 67 - LRB104 09451 AAS 19511 b
2331- SB2494 Engrossed - 67 - LRB104 09451 AAS 19511 b
2332-1 may investigate the actions of an applicant, a licensee, or a
2333-2 person claiming to hold a license. The Department shall,
2334-3 before revoking, suspending, placing on probation,
2335-4 reprimanding, or taking any other disciplinary action under
2336-5 Section 95 of this Act, at least 30 days before the date set
2337-6 for the hearing (i) notify the accused, in writing, of any
2338-7 charges made and the time and place for the hearing on the
2339-8 charges, (ii) direct the accused him or her to file a written
2340-9 answer to the charges with the Board under oath within 20 days
2341-10 after the service upon the accused him or her of the notice,
2342-11 and (iii) inform the accused that, if the accused fails he or
2343-12 she fails to answer, default will be taken against the accused
2344-13 him or her and the accused's his or her license may be
2345-14 suspended, revoked, placed on probationary status, or other
2346-15 disciplinary action taken with regard to the license,
2347-16 including limiting the scope, nature, or extent of the
2348-17 accused's his or her practice, without a hearing, as the
2349-18 Department may consider proper. In case the person, after
2350-19 receiving notice, fails to file an answer, the person's his or
2351-20 her license may, in the discretion of the Department, be
2352-21 suspended, revoked, placed on probationary status, or the
2353-22 Department may take whatever disciplinary action is considered
2354-23 proper, including, limiting the scope, nature, or extent of
2355-24 the person's practice or the imposition of a fine, without a
2356-25 hearing, if the act or acts charged constitute sufficient
2357-26 grounds for an action under this Act. The written notice may be
2358-
2359-
2360-
2361-
2362-
2363- SB2494 Engrossed - 67 - LRB104 09451 AAS 19511 b
2364-
2365-
2366-SB2494 Engrossed- 68 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 68 - LRB104 09451 AAS 19511 b
2367- SB2494 Engrossed - 68 - LRB104 09451 AAS 19511 b
2368-1 served by personal delivery or certified mail to the address
2369-2 of record or by email to the email address of record.
2370-3 (Source: P.A. 99-230, eff. 8-3-15.)
2371-4 (225 ILCS 106/110)
2372-5 (Section scheduled to be repealed on January 1, 2026)
2373-6 Sec. 110. Record of proceedings; transcript. The
2374-7 Department, at its expense, shall provide a certified
2375-8 shorthand reporter to take down the testimony and preserve the
2376-9 record of all proceedings at a formal hearing of any case. The
2377-10 notice of hearing, complaint, all other documents in the
2378-11 nature of pleadings and written motions filed in the
2379-12 proceedings, the transcript of testimony, the report of the
2380-13 Board and orders of the Department shall be in the record of
2381-14 the proceedings. The record may be made available to any
2382-15 person interested in the hearing upon payment of the fee
2383-16 required by Section 2105-115 of the Department of Professional
2384-17 Regulation Law of the Civil Administrative Code of Illinois.
2385-18 (Source: P.A. 99-230, eff. 8-3-15.)
2386-19 (225 ILCS 106/135)
2387-20 (Section scheduled to be repealed on January 1, 2026)
2388-21 Sec. 135. Secretary; rehearing. Whenever the Secretary
2389-22 believes that substantial justice has not been done in the
2390-23 revocation, suspension, refusal to issue or renew a license,
2391-24 or any other discipline of an applicant or licensee, the
2392-
2393-
2394-
2395-
2396-
2397- SB2494 Engrossed - 68 - LRB104 09451 AAS 19511 b
2398-
2399-
2400-SB2494 Engrossed- 69 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 69 - LRB104 09451 AAS 19511 b
2401- SB2494 Engrossed - 69 - LRB104 09451 AAS 19511 b
2402-1 Secretary he or she may order a rehearing by the same or other
2403-2 hearing officers.
2404-3 (Source: P.A. 99-230, eff. 8-3-15.)
2405-4 (225 ILCS 106/155)
2406-5 (Section scheduled to be repealed on January 1, 2026)
2407-6 Sec. 155. Surrender of license. Upon the revocation or
2408-7 suspension of a license, the licensee shall immediately
2409-8 surrender the his or her license to the Department. If the
2410-9 licensee fails to do so, the Department has the right to seize
2411-10 the license.
2412-11 (Source: P.A. 89-33, eff. 1-1-96.)
2413-12 (225 ILCS 106/160)
2414-13 (Section scheduled to be repealed on January 1, 2026)
2415-14 Sec. 160. Summary suspension of license. The Secretary may
2416-15 summarily suspend the license of a respiratory care
2417-16 practitioner without a hearing, simultaneously with the
2418-17 institution of proceedings for a hearing provided for in
2419-18 Section 105 of this Act, if the Secretary finds that evidence
2420-19 in the Secretary's his or her possession indicates that the
2421-20 continuation of practice by the respiratory care practitioner
2422-21 would constitute an imminent danger to the public. In the
2423-22 event that the Secretary summarily suspends the license of
2424-23 respiratory care practitioner without a hearing, a hearing
2425-24 must be commenced within 30 calendar days after the suspension
2426-
2427-
2428-
2429-
2430-
2431- SB2494 Engrossed - 69 - LRB104 09451 AAS 19511 b
2432-
2433-
2434-SB2494 Engrossed- 70 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 70 - LRB104 09451 AAS 19511 b
2435- SB2494 Engrossed - 70 - LRB104 09451 AAS 19511 b
2436-1 has occurred and concluded as expeditiously as practical.
2437-2 (Source: P.A. 99-230, eff. 8-3-15.)
2438-3 (225 ILCS 106/170)
2439-4 (Section scheduled to be repealed on January 1, 2026)
2440-5 Sec. 170. Administrative review; certification of record;
2441-6 costs.
2442-7 All final administrative decisions of the Department are
2443-8 subject to judicial review pursuant to the Administrative
2444-9 Review Law and its rules. The term "administrative decision"
2445-10 is defined as in Section 3-101 of the Code of Civil Procedure.
2446-11 Proceedings for judicial review shall be commenced in the
2447-12 circuit court of the county in which the party applying for
2448-13 review resides, but if the party is not a resident of this
2449-14 State, the venue shall be in Sangamon County.
2450-15 The Department shall not be required to certify any record
2451-16 to the court, or file an answer in court, or otherwise appear
2452-17 in any court in a judicial review proceeding, unless and until
2453-18 the Department has received from the plaintiff payment of the
2454-19 costs of furnishing and certifying the record, which costs
2455-20 shall be determined by the Department. Exhibits shall be
2456-21 certified without cost. Failure on the part of the plaintiff
2457-22 to file a receipt is grounds for dismissal of the action.
2458-23 During the pendency and hearing of any and all judicial
2459-24 proceedings incident to the disciplinary action, the sanctions
2460-25 imposed upon the accused by the Department specified in the
2461-
2462-
2463-
2464-
2465-
2466- SB2494 Engrossed - 70 - LRB104 09451 AAS 19511 b
2467-
2468-
2469-SB2494 Engrossed- 71 -LRB104 09451 AAS 19511 b SB2494 Engrossed - 71 - LRB104 09451 AAS 19511 b
2470- SB2494 Engrossed - 71 - LRB104 09451 AAS 19511 b
2471-1 Department's final administrative decision shall, as a matter
2472-2 of public policy, remain in full force and effect in order to
2473-3 protect the public pending final resolution of any of the
2474-4 proceedings.
2475-5 (Source: P.A. 99-230, eff. 8-3-15.)
2476-6 (225 ILCS 106/180)
2477-7 (Section scheduled to be repealed on January 1, 2026)
2478-8 Sec. 180. Illinois Administrative Procedure Act;
2479-9 application. The Illinois Administrative Procedure Act is
2480-10 hereby expressly adopted and incorporated in this Act as if
2481-11 all of the provisions of the Act were included in this Act,
2482-12 except that the provision of paragraph (d) of Section 10-65 of
2483-13 the Illinois Administrative Procedure Act, which provides that
2484-14 at hearings the registrant or licensee has the right to show
2485-15 compliance with all lawful requirements for retention or
2486-16 continuation or renewal of the license, is specifically
2487-17 excluded. For the purpose of this Act, the notice required
2488-18 under Section 10-25 of the Illinois Administrative Procedure
2489-19 Act is considered sufficient when mailed to address of record
2490-20 or emailed to the email address of record of the licensee or
2491-21 applicant.
2492-22 (Source: P.A. 99-230, eff. 8-3-15.)
2493-23 Section 99. Effective date. This Section and Section 5
2494-24 take effect upon becoming law.
2495-
2496-
2497-
2498-
2499-
2500- SB2494 Engrossed - 71 - LRB104 09451 AAS 19511 b
1425+ SB2494 - 40 - LRB104 09451 AAS 19511 b