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Full Text of SB3238
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SB3238 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3238
Introduced 2/2/2026, by Sen. Omar Aquino
SYNOPSIS AS INTRODUCED:
225 ILCS 65/65-46 new
420 ILCS 40/5
from Ch. 111 1/2, par. 210-5
420 ILCS 40/6
from Ch. 111 1/2, par. 210-6
Amends the Nurse Practice Act. Provides that an advanced practice
registered nurse licensed under the Act may administer radiation to a
human being and may supervise the administration of radiation by a person
accredited to administer radiation to a human being by the Illinois
Emergency Management Agency and Office of Homeland Security. Amends the
Radiation Protection Act of 1990. In provisions concerning the limitations
on the application of radiation to human beings, adds advanced practice
registered nurses licensed under the Nurse Practice Act to the
professionals who may intentionally administer radiation to a human being
and to the professionals who may supervise a physician assistant, a
technologist, a nurse, or other assistant administering radiation. Makes
conforming changes in provisions concerning the accreditation of
administrators of radiation.
LRB104 19284 AAS 32730 b
A BILL FOR
SB3238
LRB104 19284 AAS 32730 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Nurse Practice Act is amended by adding
5
Section 65-46 as follows:
6
(225 ILCS 65/65-46 new)
7
Sec. 65-46.
Use of radiation.
Notwithstanding any
8
provision of this Act or the implementation of any rule of the
9
Department to the contrary, and pursuant to Section 5 of the
10
Radiation Protection Act of 1990, an advanced practice
11
registered nurse licensed under this Act may administer
12
radiation to a human being and may supervise the
13
administration of radiation by a person accredited to
14
administer radiation to a human being by the Illinois
15
Emergency Management Agency and Office of Homeland Security.
16
Section 10.
The Radiation Protection Act of 1990 is
17
amended by changing Sections 5 and 6 as follows:
18
(420 ILCS 40/5)
(from Ch. 111 1/2, par. 210-5)
19
(Section scheduled to be repealed on January 1, 2027)
20
Sec. 5.
Limitations on application of radiation to human
21
beings and requirements for radiation installation operators
SB3238
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LRB104 19284 AAS 32730 b
1
providing mammography services.
2
(a) No person shall intentionally administer radiation to
3
a human being unless such person is licensed to practice
4
treatment of human ailments by virtue of the
Illinois
Medical
5
Practice Act of 1987
,
Illinois
Dental
Practice Act,
or
6
Podiatric Medical Practice
Act of 1987, is an advanced
7
practice registered nurse licensed under the Nurse Practice
8
Act
Acts
, or, as physician assistant,
advanced practice
9
registered nurse,
technologist, nurse, or other assistant, is
10
acting under the supervision, prescription
,
or direction of
11
such licensed person. However, no such physician assistant,
12
advanced practice registered nurse,
technologist, nurse, or
13
other assistant acting under the supervision of a person
14
licensed under the Medical Practice Act of 1987
or an advanced
15
practice registered nurse licensed under the Nurse Practice
16
Act
,
shall administer radiation to human beings unless
17
accredited by the Agency, except that persons enrolled in a
18
course of education approved by the Agency may apply ionizing
19
radiation to human beings as required by their course of study
20
when under the direct supervision of a person licensed under
21
the Medical Practice Act of 1987. No person authorized by this
22
Section to apply ionizing radiation shall apply such radiation
23
except to those parts of the human body specified in the Act
24
under which such person or his supervisor is licensed. No
25
person may operate a radiation installation where ionizing
26
radiation is administered to human beings unless all persons
SB3238
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LRB104 19284 AAS 32730 b
1
who administer ionizing radiation in that radiation
2
installation are licensed, accredited, or exempted in
3
accordance with this Section. Nothing in this Section shall be
4
deemed to relieve a person from complying with the provisions
5
of Section 10.
6
(b) In addition, no person shall provide mammography
7
services unless all of the following requirements are met:
8
(1) the mammography procedures are performed using a
9
radiation machine that is specifically designed for
10
mammography;
11
(2) the mammography procedures are performed using a
12
radiation machine that is used solely for performing
13
mammography procedures;
14
(3) the mammography procedures are performed using
15
equipment that has been subjected to a quality assurance
16
program that satisfies quality assurance requirements
17
which the Agency shall establish by rule;
18
(4) beginning one year after the effective date of
19
this amendatory Act of 1991, if the mammography procedure
20
is performed by a radiologic technologist, that
21
technologist, in addition to being accredited by the
22
Agency to perform radiography, has satisfied training
23
requirements specific to mammography, which the Agency
24
shall establish by rule.
25
(c) Every operator of a radiation installation at which
26
mammography services are provided shall ensure and have
SB3238
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LRB104 19284 AAS 32730 b
1
confirmed by each patient that the patient is provided with a
2
printed or digital pamphlet that has been prepared in
3
accordance with Section 2310-345 of the Department of Public
4
Health Powers and Duties Law of the Civil Administrative Code
5
of Illinois, which is orally reviewed with the patient.
6
(Source: P.A. 103-1012, eff. 8-9-24.)
7
(420 ILCS 40/6)
(from Ch. 111 1/2, par. 210-6)
8
(Section scheduled to be repealed on January 1, 2027)
9
Sec. 6.
Accreditation of administrators of radiation;
10
limited scope accreditation; rules and regulations; education.
11
(a) The Agency shall promulgate such rules and regulations
12
as are necessary to establish accreditation standards and
13
procedures, including a minimum course of education and
14
continuing education requirements in the administration of
15
radiation to human beings, which are appropriate to the
16
classification of accreditation and which are to be met by all
17
physician assistants,
advanced practice registered nurses
,
18
nurses, technicians, or other assistants who administer
19
radiation to human beings under the supervision of a person
20
licensed under the Medical Practice Act of 1987
or an advanced
21
practice registered nurse licensed under the Nurse Practice
22
Act
. Such rules and regulations may provide for different
23
classes of accreditation based on evidence of national
24
certification, clinical experience or community hardship as
25
conditions of initial and continuing accreditation. The rules
SB3238
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LRB104 19284 AAS 32730 b
1
and regulations of the Agency shall be consistent with
2
national standards in regard to the protection of the health
3
and safety of the general public.
4
(b) The rules and regulations shall also provide that
5
persons who have been accredited by the Agency, in accordance
6
with the Radiation Protection Act of 1990, without passing an
7
examination, will remain accredited as provided in Section 43
8
of this Act and that those persons may be accredited, without
9
passing an examination, to use other equipment, procedures, or
10
supervision within the original category of accreditation if
11
the Agency receives written assurances from a person licensed
12
under the Medical Practice Act of 1987, that the person
13
accredited has the necessary skill and qualifications for such
14
additional equipment procedures or supervision. The Agency
15
shall, in accordance with subsection (c) of this Section,
16
provide for the accreditation of nurses, technicians, or other
17
assistants, unless exempted elsewhere in this Act, to perform
18
a limited scope of diagnostic radiography procedures of the
19
chest, the extremities, skull and sinuses, or the spine, while
20
under the supervision of a person licensed under the Medical
21
Practice Act of 1987
or an advanced practice registered nurse
22
licensed under the Nurse Practice Act
.
23
(c) The rules or regulations promulgated by the Agency
24
pursuant to subsection (a) shall establish standards and
25
procedures for accrediting persons to perform a limited scope
26
of diagnostic radiography procedures. The rules or regulations
SB3238
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LRB104 19284 AAS 32730 b
1
shall specify that an individual seeking accreditation for
2
limited diagnostic radiography shall not apply ionizing
3
radiation to human beings until the individual has passed an
4
Agency-approved examination and is accredited by the Agency.
5
For an individual to be accredited to perform a limited
6
scope of diagnostic radiography procedures, he or she must
7
pass an examination approved by the Agency. The examination
8
shall be consistent with national standards in regard to
9
protection of public health and safety. The examination shall
10
consist of a standardized component covering general
11
principles applicable to diagnostic radiography procedures and
12
a clinical component specific to the types of procedures for
13
which accreditation is being sought. The Agency may assess a
14
reasonable fee for such examinations to cover any costs
15
incurred by the Agency in conjunction with the examinations.
16
(d) The Agency shall by rule or regulation exempt from
17
accreditation physician assistants,
advanced practice
18
registered nurses,
nurses, technicians, or other assistants
19
who administer radiation to human beings under supervision of
20
a person licensed to practice under the Medical Practice Act
21
of 1987
or an advanced practice registered nurse licensed
22
under the Nurse Practice Act
when the services are performed
23
on employees of a business at a medical facility owned and
24
operated by the business. Such exemption shall only apply to
25
the equipment, procedures, and supervision specific to the
26
medical facility owned and operated by the business.
SB3238
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LRB104 19284 AAS 32730 b
1
(Source: P.A. 103-155, eff. 1-1-24; 103-605, eff. 7-1-24.)
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