# Illinois Compiled Statutes/Respiratory Care Practice Act
## PROFESSIONS AND OCCUPATIONS (225 ILCS 106/) Respiratory Care Practice Act.

(225 ILCS 106/1)
(Section scheduled to be repealed on January 1, 2016)

## Sec. 1. Short title. This Act may be cited as the Respiratory Care Practice Act.

(Source: P.A. 89‑33, eff. 1‑1‑96.)
(225 ILCS 106/5)
(Section scheduled to be repealed on January 1, 2016)

## Sec. 5. Declaration of public policy.

The practice of respiratory care is hereby declared to affect the public health, safety, and welfare and to be subject to regulation in the public interest. The purpose of the Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to obtain a license and hold the title of respiratory care practitioner, to promote high standards of professional performance for those licensed to practice respiratory care in the State of Illinois, and to protect the public from unprofessional conduct by persons licensed to practice respiratory care.
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(225 ILCS 106/10)
(Section scheduled to be repealed on January 1, 2016)

## Sec. 10. Definitions.

In this Act:
    "Advanced practice nurse" means an advanced practice nurse licensed under the Nurse Practice Act.
    "Board" means the Respiratory Care Board appointed by the Director.
    "Basic respiratory care activities" means and includes all of the following activities:
       (1) Cleaning, disinfecting, and sterilizing equipment used in the practice of respiratory care as delegated by a licensed health care professional or other authorized licensed personnel.
       (2) Assembling equipment used in the practice of respiratory care as delegated by a licensed health care professional or other authorized licensed personnel.
       (3) Collecting and reviewing patient data through non‑invasive means, provided that the collection and review does not include the individual's interpretation of the clinical significance of the data. Collecting and reviewing patient data includes the performance of pulse oximetry and non‑invasive monitoring procedures in order to obtain vital signs and notification to licensed health care professionals and other authorized licensed personnel in a timely manner.
       (4) Maintaining a nasal cannula or face mask for oxygen therapy in the proper position on the patient's face.
       (5) Assembling a nasal cannula or face mask for oxygen therapy at patient bedside in preparation for use.
       (6) Maintaining a patient's natural airway by physically manipulating the jaw and neck, suctioning the oral cavity, or suctioning the mouth or nose with a bulb syringe.
       (7) Performing assisted ventilation during emergency resuscitation using a manual resuscitator.
       (8) Using a manual resuscitator at the direction of a licensed health care professional or other authorized licensed personnel who is present and performing routine airway suctioning. These activities do not include care of a patient's artificial airway or the adjustment of mechanical ventilator settings while a patient is connected to the ventilator.
"Basic respiratory care activities" does not mean activities that involve any of the following:
    (1) Specialized knowledge that results from a course of education or training in respiratory care.
    (2) An unreasonable risk of a negative outcome for the patient.
    (3) The assessment or making of a decision concerning patient care.
    (4) The administration of aerosol medication or oxygen.
    (5) The insertion and maintenance of an artificial airway.
    (6) Mechanical ventilatory support.
    (7) Patient assessment.
    (8) Patient education.
    "Department" means the Department of Professional Regulation.
    "Director" means the Director of Professional Regulation.
    "Licensed" means that which is required to hold oneself out as a respiratory care practitioner as defined in this Act.
    "Licensed health care professional" means a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to transmit orders to a respiratory care practitioner, or a physician assistant who has been delegated the authority to transmit orders to a respiratory care practitioner by his or her supervising physician.
    "Order" means a written, oral, or telecommunicated authorization for respiratory care services for a patient by ::(i) a licensed health care professional who maintains medical supervision of the patient and makes a diagnosis or verifies that the patient's condition is such that it may be treated by a respiratory care practitioner or ::(ii) a certified registered nurse anesthetist in a licensed hospital or ambulatory surgical treatment center.
    "Other authorized licensed personnel" means a licensed respiratory care practitioner, a licensed registered nurse, or a licensed practical nurse whose scope of practice authorizes the professional to supervise an individual who is not licensed, certified, or registered as a health professional.
    "Proximate supervision" means a situation in which an individual is responsible for directing the actions of another individual in the facility and is physically close enough to be readily available, if needed, by the supervised individual.
    "Respiratory care" and "cardiorespiratory care" mean preventative services, evaluation and assessment services, therapeutic services, and rehabilitative services under the order of a licensed health care professional or a certified registered nurse anesthetist in a licensed hospital for an individual with a disorder, disease, or abnormality of the cardiopulmonary system. These terms include, but are not limited to, measuring, observing, assessing, and monitoring signs and symptoms, reactions, general behavior, and general physical response of individuals to respiratory care services, including the determination of whether those signs, symptoms, reactions, behaviors, or general physical responses exhibit abnormal characteristics; the administration of pharmacological and therapeutic agents related to respiratory care services; the collection of blood specimens and other bodily fluids and tissues for, and the performance of, cardiopulmonary diagnostic testing procedures, including, but not limited to, blood gas analysis; development, implementation, and modification of respiratory care treatment plans based on assessed abnormalities of the cardiopulmonary system, respiratory care guidelines, referrals, and orders of a licensed health care professional; application, operation, and management of mechanical ventilatory support and other means of life support; and the initiation of emergency procedures under the rules promulgated by the Department. A respiratory care practitioner shall refer to a physician licensed to practice medicine in all its branches any patient whose condition, at the time of evaluation or treatment, is determined to be beyond the scope of practice of the respiratory care practitioner.
    "Respiratory care education program" means a course of academic study leading to eligibility for registry or certification in respiratory care. The training is to be approved by an accrediting agency recognized by the Board and shall include an evaluation of competence through a standardized testing mechanism that is determined by the Board to be both valid and reliable.
    "Respiratory care practitioner" means a person who is licensed by the Department of Professional Regulation and meets all of the following criteria:
       (1) The person is engaged in the practice of cardiorespiratory care and has the knowledge and skill necessary to administer respiratory care.
       (2) The person is capable of serving as a resource to the licensed health care professional in relation to the technical aspects of cardiorespiratory care and the safe and effective methods for administering cardiorespiratory care modalities.
       (3) The person is able to function in situations of unsupervised patient contact requiring great individual judgment.

### (Source

    P.A. 94‑523, eff. 1‑1‑06; 95‑639, eff. 10‑5‑07.)
(Source: P.A. 96‑456, eff. 8‑14‑09.)
(Source: P.A. 94‑523, eff. 1‑1‑06.)
(Source: P.A. 89‑33, eff. 1‑1‑96; 89‑607, eff. 1‑1‑97.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 94‑523, eff. 1‑1‑06.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 97‑400, eff. 1‑1‑12.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
and has paid the required fee;
training program approved by the Department;
practice of respiratory care authorized by the Department, within 5 years of making application; and
(Source: P.A. 94‑523, eff. 1‑1‑06.)
(Source: P.A. 91‑259, eff. 1‑1‑00. Repealed by P.A. 94‑523, eff. 1‑1‑06.)
(Source: P.A. 91‑310, eff. 1‑1‑00; 91‑357, eff. 7‑29‑99.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 91‑454, eff. 1‑1‑00.)
(Source: P.A. 92‑146, eff. 1‑1‑02.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
to the Department or to any other State or federal agency.
United States or any state or territory thereof that is a felony or a misdemeanor, an essential element of which is dishonesty, or of any crime that is directly related to the practice of the profession.
obtaining a license.
rendering of respiratory care services.
any rules or provisions of this Act.
response to a written request made by the Department.
unprofessional conduct of a character likely to deceive, defraud, or harm the public.
adopted by the Department.
one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually rendered. Nothing in this paragraph (12) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.
after having the license placed on probationary status, has violated the terms of the probation.
licensee's practice including, but not limited to, false records filed with a federal or State agency or department.
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
to an order.
limited to, deterioration through the aging process or loss of motor skills that results in the inability to practice the profession with reasonable judgment, skill, or safety.
false or misleading advertising.
penalty, or interest shown in a filed return, or to pay any final assessment of tax penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue or any successor agency or the Internal Revenue Service or any successor agency.
services rendered or in reporting charges for services not rendered.
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in an inability to practice with reasonable skill, judgment, or safety.
report by the Department on Aging under the Elder Abuse and Neglect Act, and upon proof by clear and convincing evidence that the licensee has caused an elderly person to be abused or neglected as defined in the Elder Abuse and Neglect Act.
suspected elder abuse or neglect as required by the Elder Abuse and Neglect Act.
(Source: P.A. 96‑1482, eff. 11‑29‑10.)
(Source: P.A. 96‑1551, eff. 7‑1‑11.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 91‑239, eff. 1‑1‑00.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96.)
(Source: P.A. 89‑33, eff. 1‑1‑96; text omitted.)