SB3305 98TH GENERAL ASSEMBLY

LRB098 19393 MGM 54550 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3305

Introduced 2/14/2014, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

420 ILCS 40/5

from Ch. 111 1/2, par. 210-5

Amends the Radiation Protection Act of 1990. Provides, with specified exceptions, that no person shall intentionally administer radiation to a human being with a fluoroscopic radiation machine unless that person is licensed to practice a treatment of human ailments under the Medical Practice Act of 1987, the Illinois Dental Practice Act, or the Podiatric Medical Practice Act of 1987.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Radiation Protection Act of 1990 is amended by changing Section 5 as follows:

(420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)

(Section scheduled to be repealed on January 1, 2021)

Sec. 5. Limitations on application of radiation to human beings and requirements for radiation installation operators providing mammography services.

(a) No person shall intentionally administer radiation to a human being unless such person is licensed to practice a treatment of human ailments by virtue of the Illinois Medical, Dental or Podiatric Medical Practice Acts, or, as physician assistant, advanced practice nurse, technician, nurse, or other assistant, is acting under the supervision, prescription or direction of such licensed person. However, no such physician assistant, advanced practice nurse, technician, nurse, or other assistant acting under the supervision of a person licensed under the Medical Practice Act of 1987, shall administer radiation to human beings unless accredited by the Agency, except that persons enrolled in a course of education approved by the Agency may apply ionizing radiation to human beings as required by their course of study when under the direct supervision of a person licensed under the Medical Practice Act of 1987. No person authorized by this Section to apply ionizing radiation shall apply such radiation except to those parts of the human body specified in the Act under which such person or his supervisor is licensed. No person may operate a radiation installation where ionizing radiation is administered to human beings unless all persons who administer ionizing radiation in that radiation installation are licensed, accredited, or exempted in accordance with this Section. Nothing in this Section shall be deemed to relieve a person from complying with the provisions of Section 10.

(b) In addition, no person shall provide mammography services unless all of the following requirements are met:

(1) the mammography procedures are performed using a radiation machine that is specifically designed for mammography;

(2) the mammography procedures are performed using a radiation machine that is used solely for performing mammography procedures;

(3) the mammography procedures are performed using equipment that has been subjected to a quality assurance program that satisfies quality assurance requirements which the Agency shall establish by rule;

(4) beginning one year after the effective date of this amendatory Act of 1991, if the mammography procedure is performed by a radiologic technologist, that technologist, in addition to being accredited by the Agency to perform radiography, has satisfied training requirements specific to mammography, which the Agency shall establish by rule.

(c) Every operator of a radiation installation at which mammography services are provided shall ensure and have confirmed by each mammography patient that the patient is provided with a pamphlet which is orally reviewed with the patient and which contains the following:

(1) how to perform breast self-examination;

(2) that early detection of breast cancer is maximized through a combined approach, using monthly breast self-examination, a thorough physical examination performed by a physician, and mammography performed at recommended intervals;

(3) that mammography is the most accurate method for making an early detection of breast cancer, however, no diagnostic tool is 100% effective;

(4) that if the patient is self-referred and does not have a primary care physician, or if the patient is unfamiliar with the breast examination procedures, that the patient has received information regarding public health services where she can obtain a breast examination and instructions.

(d) No person shall intentionally administer radiation to a human being with a fluoroscopic radiation machine unless that person is licensed to practice a treatment of human ailments under the Medical Practice Act of 1987, the Illinois Dental Practice Act, or the Podiatric Medical Practice Act of 1987, except:

(1) an accredited medical radiographer may operate a fluoroscope for static functions when diagnostic interpretation of the fluoroscopic image is not required by the radiographer and only under the supervision of a licensed practitioner;

(2) an accredited medical radiographer may operate a fluoroscope as directed by, and under the direct supervision of, a licensed practitioner who is physically present and participating in the procedure;

(3) an accredited medical radiographer or radiation therapist may operate a fluoroscope for radiation therapy simulation procedures under the supervision of a licensed practitioner; or

(4) an accredited radiologist assistant may operate a fluoroscope under the supervision of a licensed practitioner certified by the American Board of Radiology or the American Osteopathic Board of Radiology.

Nothing in this subsection (d) shall be interpreted to prohibit other individuals from positioning the patient or from adjusting the fluoroscope under the direction of a physician or podiatrist who is physically present, or to require more than one person authorized under this Section to be present and participate in a fluoroscopic procedure.

(e) Any person who violates this Section is subject to penalties in accordance with Section 39 of this Act.

(Source: P.A. 93-149, eff. 7-10-03; 94-104, eff. 7-1-05.)