100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3255

 

Introduced 2/15/2018, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/3.5
210 ILCS 50/3.35
210 ILCS 50/3.40
210 ILCS 50/3.45
210 ILCS 50/3.50
210 ILCS 50/3.65
210 ILCS 50/3.80
210 ILCS 50/3.165

    Amends the Emergency Medical Services (EMS) Systems Act. Defines "Pre-Hospital Physician Assistant" or "PHPA". Includes Pre-Hospital Physician Assistants in the definition of "Emergency Medical Services Personnel". Adds PHPAs to provisions concerning licensing and educational requirements. Provides than an EMS Medical Director may immediately suspend a PHPA for specified reasons. Adds a PHPA to the State Emergency Medical Services Disciplinary Review Board. Adds PHPAs to provisions concerning misrepresentation. Makes other changes. Effective immediately.


LRB100 20052 MJP 35334 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3255LRB100 20052 MJP 35334 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems Act
5is amended by changing Sections 3.5, 3.35, 3.40, 3.45, 3.50,
63.65, 3.80, and 3.165 as follows:
 
7    (210 ILCS 50/3.5)
8    Sec. 3.5. Definitions. As used in this Act:
9    "Clinical observation" means the on-going observation of a
10patient's condition by a licensed health care professional
11utilizing a medical skill set while continuing assessment and
12care.
13    "Department" means the Illinois Department of Public
14Health.
15    "Director" means the Director of the Illinois Department of
16Public Health.
17    "Emergency" means a medical condition of recent onset and
18severity that would lead a prudent layperson, possessing an
19average knowledge of medicine and health, to believe that
20urgent or unscheduled medical care is required.
21    "Emergency Medical Services personnel" or "EMS personnel"
22means persons licensed as an Emergency Medical Responder (EMR)
23(First Responder), Emergency Medical Dispatcher (EMD),

 

 

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1Emergency Medical Technician (EMT), Emergency Medical
2Technician-Intermediate (EMT-I), Advanced Emergency Medical
3Technician (A-EMT), Paramedic (EMT-P), Emergency
4Communications Registered Nurse (ECRN), Pre-Hospital Physician
5Assistant (PHPA), or Pre-Hospital Registered Nurse (PHRN).
6    "Health care facility" means a hospital, nursing home,
7physician's office or other fixed location at which medical and
8health care services are performed. It does not include
9"pre-hospital emergency care settings" which utilize EMS
10personnel to render pre-hospital emergency care prior to the
11arrival of a transport vehicle, as defined in this Act.
12    "Hospital" has the meaning ascribed to that term in the
13Hospital Licensing Act.
14    "Medical monitoring" means the performance of medical
15tests and physical exams to evaluate an individual's on-going
16exposure to a factor that could negatively impact that person's
17health. "Medical monitoring" includes close surveillance or
18supervision of patients liable to suffer deterioration in
19physical or mental health and checks of various parameters such
20as pulse rate, temperature, respiration rate, the condition of
21the pupils, the level of consciousness and awareness, the
22degree of appreciation of pain, and blood gas concentrations
23such as oxygen and carbon dioxide.
24    "Trauma" means any significant injury which involves
25single or multiple organ systems.
26(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)
 

 

 

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1    (210 ILCS 50/3.35)
2    Sec. 3.35. Emergency Medical Services (EMS) Resource
3Hospital; Functions. The Resource Hospital of an EMS System
4shall:
5        (a) Prepare a Program Plan in accordance with the
6    provisions of this Act and minimum standards and criteria
7    established in rules adopted by the Department pursuant to
8    this Act, and submit such Program Plan to the Department
9    for approval.
10        (b) Appoint an EMS Medical Director, who will
11    continually monitor and supervise the System and who will
12    have the responsibility and authority for total management
13    of the System as delegated by the EMS Resource Hospital.
14        The Program Plan shall require the EMS Medical Director
15    to appoint an alternate EMS Medical Director and establish
16    a written protocol addressing the functions to be carried
17    out in his or her absence.
18        (c) Appoint an EMS System Coordinator and EMS
19    Administrative Director in consultation with the EMS
20    Medical Director and in accordance with rules adopted by
21    the Department pursuant to this Act.
22        (d) Identify potential EMS System participants and
23    obtain commitments from them for the provision of services.
24        (e) Educate or coordinate the education of EMS
25    personnel and all other license holders in accordance with

 

 

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1    the requirements of this Act, rules adopted by the
2    Department pursuant to this Act, and the EMS System Program
3    Plan.
4        (f) Notify the Department of EMS personnel who have
5    successfully completed the requirements as provided by law
6    for initial licensure, license renewal, and license
7    reinstatement by the Department.
8        (g) Educate or coordinate the education of Emergency
9    Medical Dispatcher candidates, in accordance with the
10    requirements of this Act, rules adopted by the Department
11    pursuant to this Act, and the EMS System Program Plan.
12        (h) Establish or approve protocols for prearrival
13    medical instructions to callers by System Emergency
14    Medical Dispatchers who provide such instructions.
15        (i) Educate or coordinate the education of
16    Pre-Hospital Registered Nurse, Pre-Hospital Physician
17    Assistant, and ECRN candidates, in accordance with the
18    requirements of this Act, rules adopted by the Department
19    pursuant to this Act, and the EMS System Program Plan.
20        (j) Approve Pre-Hospital Registered Nurse,
21    Pre-Hospital Physician Assistant, and ECRN candidates to
22    practice within the System, and reapprove Pre-Hospital
23    Registered Nurses, Pre-Hospital Physician Assistants, and
24    ECRNs every 4 years in accordance with the requirements of
25    the Department and the System Program Plan.
26        (k) Establish protocols for the use of Pre-Hospital

 

 

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1    Registered Nurses within the System.
2        (l) Establish protocols for utilizing ECRNs and
3    physicians licensed to practice medicine in all of its
4    branches to monitor telecommunications from, and give
5    voice orders to, EMS personnel, under the authority of the
6    EMS Medical Director.
7        (m) Monitor emergency and non-emergency medical
8    transports within the System, in accordance with rules
9    adopted by the Department pursuant to this Act.
10        (n) Utilize levels of personnel required by the
11    Department to provide emergency care to the sick and
12    injured at the scene of an emergency, during transport to a
13    hospital or during inter-hospital transport and within the
14    hospital emergency department until the responsibility for
15    the care of the patient is assumed by the medical personnel
16    of a hospital emergency department or other facility within
17    the hospital to which the patient is first delivered by
18    System personnel.
19        (o) Utilize levels of personnel required by the
20    Department to provide non-emergency medical services
21    during transport to a health care facility and within the
22    health care facility until the responsibility for the care
23    of the patient is assumed by the medical personnel of the
24    health care facility to which the patient is delivered by
25    System personnel.
26        (p) Establish and implement a program for System

 

 

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1    participant information and education, in accordance with
2    rules adopted by the Department pursuant to this Act.
3        (q) Establish and implement a program for public
4    information and education, in accordance with rules
5    adopted by the Department pursuant to this Act.
6        (r) Operate in compliance with the EMS Region Plan.
7(Source: P.A. 98-973, eff. 8-15-14.)
 
8    (210 ILCS 50/3.40)
9    Sec. 3.40. EMS System Participation Suspensions and Due
10Process.
11    (a) An EMS Medical Director may suspend from participation
12within the System any EMS personnel, EMS Lead Instructor (LI),
13individual, individual provider or other participant
14considered not to be meeting the requirements of the Program
15Plan of that approved EMS System.
16    (b) Prior to suspending any individual or entity, an EMS
17Medical Director shall provide an opportunity for a hearing
18before the local System review board in accordance with
19subsection (f) and the rules promulgated by the Department.
20        (1) If the local System review board affirms or
21    modifies the EMS Medical Director's suspension order, the
22    individual or entity shall have the opportunity for a
23    review of the local board's decision by the State EMS
24    Disciplinary Review Board, pursuant to Section 3.45 of this
25    Act.

 

 

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1        (2) If the local System review board reverses or
2    modifies the EMS Medical Director's order, the EMS Medical
3    Director shall have the opportunity for a review of the
4    local board's decision by the State EMS Disciplinary Review
5    Board, pursuant to Section 3.45 of this Act.
6        (3) The suspension shall commence only upon the
7    occurrence of one of the following:
8            (A) the individual or entity has waived the
9        opportunity for a hearing before the local System
10        review board; or
11            (B) the order has been affirmed or modified by the
12        local system review board and the individual or entity
13        has waived the opportunity for review by the State
14        Board; or
15            (C) the order has been affirmed or modified by the
16        local system review board, and the local board's
17        decision has been affirmed or modified by the State
18        Board.
19    (c) An EMS Medical Director may immediately suspend an EMR,
20EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHRN, LI, or
21other individual or entity if he or she finds that the
22continuation in practice by the individual or entity would
23constitute an imminent danger to the public. The suspended
24individual or entity shall be issued an immediate verbal
25notification followed by a written suspension order by the EMS
26Medical Director which states the length, terms and basis for

 

 

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1the suspension.
2        (1) Within 24 hours following the commencement of the
3    suspension, the EMS Medical Director shall deliver to the
4    Department, by messenger, telefax, or other
5    Department-approved electronic communication, a copy of
6    the suspension order and copies of any written materials
7    which relate to the EMS Medical Director's decision to
8    suspend the individual or entity. All medical and
9    patient-specific information, including Department
10    findings with respect to the quality of care rendered,
11    shall be strictly confidential pursuant to the Medical
12    Studies Act (Part 21 of Article VIII of the Code of Civil
13    Procedure).
14        (2) Within 24 hours following the commencement of the
15    suspension, the suspended individual or entity may deliver
16    to the Department, by messenger, telefax, or other
17    Department-approved electronic communication, a written
18    response to the suspension order and copies of any written
19    materials which the individual or entity feels are
20    appropriate. All medical and patient-specific information,
21    including Department findings with respect to the quality
22    of care rendered, shall be strictly confidential pursuant
23    to the Medical Studies Act.
24        (3) Within 24 hours following receipt of the EMS
25    Medical Director's suspension order or the individual or
26    entity's written response, whichever is later, the

 

 

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1    Director or the Director's designee shall determine
2    whether the suspension should be stayed pending an
3    opportunity for a hearing or review in accordance with this
4    Act, or whether the suspension should continue during the
5    course of that hearing or review. The Director or the
6    Director's designee shall issue this determination to the
7    EMS Medical Director, who shall immediately notify the
8    suspended individual or entity. The suspension shall
9    remain in effect during this period of review by the
10    Director or the Director's designee.
11    (d) Upon issuance of a suspension order for reasons
12directly related to medical care, the EMS Medical Director
13shall also provide the individual or entity with the
14opportunity for a hearing before the local System review board,
15in accordance with subsection (f) and the rules promulgated by
16the Department.
17        (1) If the local System review board affirms or
18    modifies the EMS Medical Director's suspension order, the
19    individual or entity shall have the opportunity for a
20    review of the local board's decision by the State EMS
21    Disciplinary Review Board, pursuant to Section 3.45 of this
22    Act.
23        (2) If the local System review board reverses or
24    modifies the EMS Medical Director's suspension order, the
25    EMS Medical Director shall have the opportunity for a
26    review of the local board's decision by the State EMS

 

 

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1    Disciplinary Review Board, pursuant to Section 3.45 of this
2    Act.
3        (3) The suspended individual or entity may elect to
4    bypass the local System review board and seek direct review
5    of the EMS Medical Director's suspension order by the State
6    EMS Disciplinary Review Board.
7    (e) The Resource Hospital shall designate a local System
8review board in accordance with the rules of the Department,
9for the purpose of providing a hearing to any individual or
10entity participating within the System who is suspended from
11participation by the EMS Medical Director. The EMS Medical
12Director shall arrange for a certified shorthand reporter to
13make a stenographic record of that hearing and thereafter
14prepare a transcript of the proceedings. The transcript, all
15documents or materials received as evidence during the hearing
16and the local System review board's written decision shall be
17retained in the custody of the EMS system. The System shall
18implement a decision of the local System review board unless
19that decision has been appealed to the State Emergency Medical
20Services Disciplinary Review Board in accordance with this Act
21and the rules of the Department.
22    (f) The Resource Hospital shall implement a decision of the
23State Emergency Medical Services Disciplinary Review Board
24which has been rendered in accordance with this Act and the
25rules of the Department.
26(Source: P.A. 100-201, eff. 8-18-17.)
 

 

 

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1    (210 ILCS 50/3.45)
2    Sec. 3.45. State Emergency Medical Services Disciplinary
3Review Board.
4    (a) The Governor shall appoint a State Emergency Medical
5Services Disciplinary Review Board, composed of an EMS Medical
6Director, an EMS System Coordinator, a Paramedic, an Emergency
7Medical Technician (EMT), and the following members, who shall
8only review cases in which a party is from the same
9professional category: a Pre-Hospital Registered Nurse, a
10Pre-Hospital Physician Assistant, an ECRN, a Trauma Nurse
11Specialist, an Emergency Medical Technician-Intermediate
12(EMT-I), an Advanced Emergency Medical Technician (A-EMT), a
13representative from a private vehicle service provider, a
14representative from a public vehicle service provider, and an
15emergency physician who monitors telecommunications from and
16gives voice orders to EMS personnel. The Governor shall also
17appoint one alternate for each member of the Board, from the
18same professional category as the member of the Board.
19    (b) The members shall be appointed for a term of 3 years.
20All appointees shall serve until their successors are
21appointed. The alternate members shall be appointed and serve
22in the same fashion as the members of the Board. If a member
23resigns his or her appointment, the corresponding alternate
24shall serve the remainder of that member's term until a
25subsequent member is appointed by the Governor.

 

 

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1    (c) The function of the Board is to review and affirm,
2reverse or modify disciplinary orders.
3    (d) Any individual or entity, who received an immediate
4suspension from an EMS Medical Director may request the Board
5to reverse or modify the suspension order. If the suspension
6had been affirmed or modified by a local System review board,
7the suspended individual or entity may request the Board to
8reverse or modify the local board's decision.
9    (e) Any individual or entity who received a non-immediate
10suspension order from an EMS Medical Director which was
11affirmed or modified by a local System review board may request
12the Board to reverse or modify the local board's decision.
13    (f) An EMS Medical Director whose suspension order was
14reversed or modified by a local System review board may request
15the Board to reverse or modify the local board's decision.
16    (g) The Board shall meet on the first Tuesday of every
17month, unless no requests for review have been submitted.
18Additional meetings of the Board shall be scheduled to ensure
19that a request for direct review of an immediate suspension
20order is scheduled within 14 days after the Department receives
21the request for review or as soon thereafter as a quorum is
22available. The Board shall meet in Springfield or Chicago,
23whichever location is closer to the majority of the members or
24alternates attending the meeting. The Department shall
25reimburse the members and alternates of the Board for
26reasonable travel expenses incurred in attending meetings of

 

 

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1the Board.
2    (h) A request for review shall be submitted in writing to
3the Chief of the Department's Division of Emergency Medical
4Services and Highway Safety, within 10 days after receiving the
5local board's decision or the EMS Medical Director's suspension
6order, whichever is applicable, a copy of which shall be
7enclosed.
8    (i) At its regularly scheduled meetings, the Board shall
9review requests which have been received by the Department at
10least 10 working days prior to the Board's meeting date.
11Requests for review which are received less than 10 working
12days prior to a scheduled meeting shall be considered at the
13Board's next scheduled meeting, except that requests for direct
14review of an immediate suspension order may be scheduled up to
153 working days prior to the Board's meeting date.
16    (j) A quorum shall be required for the Board to meet, which
17shall consist of 3 members or alternates, including the EMS
18Medical Director or alternate and the member or alternate from
19the same professional category as the subject of the suspension
20order. At each meeting of the Board, the members or alternates
21present shall select a Chairperson to conduct the meeting.
22    (k) Deliberations for decisions of the State EMS
23Disciplinary Review Board shall be conducted in closed session.
24Department staff may attend for the purpose of providing
25clerical assistance, but no other persons may be in attendance
26except for the parties to the dispute being reviewed by the

 

 

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1Board and their attorneys, unless by request of the Board.
2    (l) The Board shall review the transcript, evidence and
3written decision of the local review board or the written
4decision and supporting documentation of the EMS Medical
5Director, whichever is applicable, along with any additional
6written or verbal testimony or argument offered by the parties
7to the dispute.
8    (m) At the conclusion of its review, the Board shall issue
9its decision and the basis for its decision on a form provided
10by the Department, and shall submit to the Department its
11written decision together with the record of the local System
12review board. The Department shall promptly issue a copy of the
13Board's decision to all affected parties. The Board's decision
14shall be binding on all parties.
15(Source: P.A. 98-973, eff. 8-15-14.)
 
16    (210 ILCS 50/3.50)
17    Sec. 3.50. Emergency Medical Services personnel licensure
18levels.
19    (a) "Emergency Medical Technician" or "EMT" means a person
20who has successfully completed a course in basic life support
21as approved by the Department, is currently licensed by the
22Department in accordance with standards prescribed by this Act
23and rules adopted by the Department pursuant to this Act, and
24practices within an EMS System. A valid Emergency Medical
25Technician-Basic (EMT-B) license issued under this Act shall

 

 

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1continue to be valid and shall be recognized as an Emergency
2Medical Technician (EMT) license until the Emergency Medical
3Technician-Basic (EMT-B) license expires.
4    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
5means a person who has successfully completed a course in
6intermediate life support as approved by the Department, is
7currently licensed by the Department in accordance with
8standards prescribed by this Act and rules adopted by the
9Department pursuant to this Act, and practices within an
10Intermediate or Advanced Life Support EMS System.
11    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
12means a person who has successfully completed a course in basic
13and limited advanced emergency medical care as approved by the
14Department, is currently licensed by the Department in
15accordance with standards prescribed by this Act and rules
16adopted by the Department pursuant to this Act, and practices
17within an Intermediate or Advanced Life Support EMS System.
18    (c) "Paramedic (EMT-P)" means a person who has successfully
19completed a course in advanced life support care as approved by
20the Department, is licensed by the Department in accordance
21with standards prescribed by this Act and rules adopted by the
22Department pursuant to this Act, and practices within an
23Advanced Life Support EMS System. A valid Emergency Medical
24Technician-Paramedic (EMT-P) license issued under this Act
25shall continue to be valid and shall be recognized as a
26Paramedic license until the Emergency Medical

 

 

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1Technician-Paramedic (EMT-P) license expires.
2    (c-5) "Emergency Medical Responder" or "EMR (First
3Responder)" means a person who has successfully completed a
4course in emergency medical response as approved by the
5Department and provides emergency medical response services
6prior to the arrival of an ambulance or specialized emergency
7medical services vehicle, in accordance with the level of care
8established by the National EMS Educational Standards
9Emergency Medical Responder course as modified by the
10Department. An Emergency Medical Responder who provides
11services as part of an EMS System response plan shall comply
12with the applicable sections of the Program Plan, as approved
13by the Department, of that EMS System. The Department shall
14have the authority to adopt rules governing the curriculum,
15practice, and necessary equipment applicable to Emergency
16Medical Responders.
17    On the effective date of this amendatory Act of the 98th
18General Assembly, a person who is licensed by the Department as
19a First Responder and has completed a Department-approved
20course in first responder defibrillator training based on, or
21equivalent to, the National EMS Educational Standards or other
22standards previously recognized by the Department shall be
23eligible for licensure as an Emergency Medical Responder upon
24meeting the licensure requirements and submitting an
25application to the Department. A valid First Responder license
26issued under this Act shall continue to be valid and shall be

 

 

SB3255- 17 -LRB100 20052 MJP 35334 b

1recognized as an Emergency Medical Responder license until the
2First Responder license expires.
3    (c-10) All EMS Systems and licensees shall be fully
4compliant with the National EMS Education Standards, as
5modified by the Department in administrative rules, within 24
6months after the adoption of the administrative rules.
7    (d) The Department shall have the authority and
8responsibility to:
9        (1) Prescribe education and training requirements,
10    which includes training in the use of epinephrine, for all
11    levels of EMS personnel except for EMRs, based on the
12    National EMS Educational Standards and any modifications
13    to those curricula specified by the Department through
14    rules adopted pursuant to this Act.
15        (2) Prescribe licensure testing requirements for all
16    levels of EMS personnel, which shall include a requirement
17    that all phases of instruction, training, and field
18    experience be completed before taking the appropriate
19    licensure examination. Candidates may elect to take the
20    appropriate National Registry examination in lieu of the
21    Department's examination, but are responsible for making
22    their own arrangements for taking the National Registry
23    examination. In prescribing licensure testing requirements
24    for honorably discharged members of the armed forces of the
25    United States under this paragraph (2), the Department
26    shall ensure that a candidate's military emergency medical

 

 

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1    training, emergency medical curriculum completed, and
2    clinical experience, as described in paragraph (2.5), are
3    recognized.
4        (2.5) Review applications for EMS personnel licensure
5    from honorably discharged members of the armed forces of
6    the United States with military emergency medical
7    training. Applications shall be filed with the Department
8    within one year after military discharge and shall contain:
9    (i) proof of successful completion of military emergency
10    medical training; (ii) a detailed description of the
11    emergency medical curriculum completed; and (iii) a
12    detailed description of the applicant's clinical
13    experience. The Department may request additional and
14    clarifying information. The Department shall evaluate the
15    application, including the applicant's training and
16    experience, consistent with the standards set forth under
17    subsections (a), (b), (c), and (d) of Section 3.10. If the
18    application clearly demonstrates that the training and
19    experience meets such standards, the Department shall
20    offer the applicant the opportunity to successfully
21    complete a Department-approved EMS personnel examination
22    for the level of license for which the applicant is
23    qualified. Upon passage of an examination, the Department
24    shall issue a license, which shall be subject to all
25    provisions of this Act that are otherwise applicable to the
26    level of EMS personnel license issued.

 

 

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1        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
2    or Paramedic who have met the Department's education,
3    training and examination requirements.
4        (4) Prescribe annual continuing education and
5    relicensure requirements for all EMS personnel licensure
6    levels.
7        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
8    A-EMT, or Paramedic every 4 years, based on their
9    compliance with continuing education and relicensure
10    requirements as required by the Department pursuant to this
11    Act. Every 4 years, a Paramedic shall have 100 hours of
12    approved continuing education, an EMT-I and an advanced EMT
13    shall have 80 hours of approved continuing education, and
14    an EMT shall have 60 hours of approved continuing
15    education. An Illinois licensed EMR, EMD, EMT, EMT-I,
16    A-EMT, Paramedic, ECRN, PHPA, or PHRN whose license has
17    been expired for less than 36 months may apply for
18    reinstatement by the Department. Reinstatement shall
19    require that the applicant (i) submit satisfactory proof of
20    completion of continuing medical education and clinical
21    requirements to be prescribed by the Department in an
22    administrative rule; (ii) submit a positive recommendation
23    from an Illinois EMS Medical Director attesting to the
24    applicant's qualifications for retesting; and (iii) pass a
25    Department approved test for the level of EMS personnel
26    license sought to be reinstated.

 

 

SB3255- 20 -LRB100 20052 MJP 35334 b

1        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
2    A-EMT, Paramedic, ECRN, PHPA, or PHRN who qualifies, based
3    on standards and procedures established by the Department
4    in rules adopted pursuant to this Act.
5        (7) Charge a fee for EMS personnel examination,
6    licensure, and license renewal.
7        (8) Suspend, revoke, or refuse to issue or renew the
8    license of any licensee, after an opportunity for an
9    impartial hearing before a neutral administrative law
10    judge appointed by the Director, where the preponderance of
11    the evidence shows one or more of the following:
12            (A) The licensee has not met continuing education
13        or relicensure requirements as prescribed by the
14        Department;
15            (B) The licensee has failed to maintain
16        proficiency in the level of skills for which he or she
17        is licensed;
18            (C) The licensee, during the provision of medical
19        services, engaged in dishonorable, unethical, or
20        unprofessional conduct of a character likely to
21        deceive, defraud, or harm the public;
22            (D) The licensee has failed to maintain or has
23        violated standards of performance and conduct as
24        prescribed by the Department in rules adopted pursuant
25        to this Act or his or her EMS System's Program Plan;
26            (E) The licensee is physically impaired to the

 

 

SB3255- 21 -LRB100 20052 MJP 35334 b

1        extent that he or she cannot physically perform the
2        skills and functions for which he or she is licensed,
3        as verified by a physician, unless the person is on
4        inactive status pursuant to Department regulations;
5            (F) The licensee is mentally impaired to the extent
6        that he or she cannot exercise the appropriate
7        judgment, skill and safety for performing the
8        functions for which he or she is licensed, as verified
9        by a physician, unless the person is on inactive status
10        pursuant to Department regulations;
11            (G) The licensee has violated this Act or any rule
12        adopted by the Department pursuant to this Act; or
13            (H) The licensee has been convicted (or entered a
14        plea of guilty or nolo-contendere) by a court of
15        competent jurisdiction of a Class X, Class 1, or Class
16        2 felony in this State or an out-of-state equivalent
17        offense.
18        (9) Prescribe education and training requirements in
19    the administration and use of opioid antagonists for all
20    levels of EMS personnel based on the National EMS
21    Educational Standards and any modifications to those
22    curricula specified by the Department through rules
23    adopted pursuant to this Act.
24    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
25PHPA, or PHRN who is a member of the Illinois National Guard or
26an Illinois State Trooper or who exclusively serves as a

 

 

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1volunteer for units of local government with a population base
2of less than 5,000 or as a volunteer for a not-for-profit
3organization that serves a service area with a population base
4of less than 5,000 may submit an application to the Department
5for a waiver of the fees described under paragraph (7) of
6subsection (d) of this Section on a form prescribed by the
7Department.
8    The education requirements prescribed by the Department
9under this Section must allow for the suspension of those
10requirements in the case of a member of the armed services or
11reserve forces of the United States or a member of the Illinois
12National Guard who is on active duty pursuant to an executive
13order of the President of the United States, an act of the
14Congress of the United States, or an order of the Governor at
15the time that the member would otherwise be required to fulfill
16a particular education requirement. Such a person must fulfill
17the education requirement within 6 months after his or her
18release from active duty.
19    (e) In the event that any rule of the Department or an EMS
20Medical Director that requires testing for drug use as a
21condition of the applicable EMS personnel license conflicts
22with or duplicates a provision of a collective bargaining
23agreement that requires testing for drug use, that rule shall
24not apply to any person covered by the collective bargaining
25agreement.
26(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,

 

 

SB3255- 23 -LRB100 20052 MJP 35334 b

1eff. 8-15-14; 99-480, eff. 9-9-15.)
 
2    (210 ILCS 50/3.65)
3    Sec. 3.65. EMS Lead Instructor.
4    (a) "EMS Lead Instructor" means a person who has
5successfully completed a course of education as approved by the
6Department, and who is currently approved by the Department to
7coordinate or teach education, training and continuing
8education courses, in accordance with standards prescribed by
9this Act and rules adopted by the Department pursuant to this
10Act.
11    (b) The Department shall have the authority and
12responsibility to:
13        (1) Prescribe education requirements for EMS Lead
14    Instructor candidates through rules adopted pursuant to
15    this Act.
16        (2) Prescribe testing requirements for EMS Lead
17    Instructor candidates through rules adopted pursuant to
18    this Act.
19        (3) Charge each candidate for EMS Lead Instructor a fee
20    to be submitted with an application for an examination, an
21    application for licensure, and an application for
22    relicensure.
23        (4) Approve individuals as EMS Lead Instructors who
24    have met the Department's education and testing
25    requirements.

 

 

SB3255- 24 -LRB100 20052 MJP 35334 b

1        (5) Require that all education, training and
2    continuing education courses for EMT, EMT-I, A-EMT,
3    Paramedic, PHRN, ECRN, PHPA, EMR, and Emergency Medical
4    Dispatcher be coordinated by at least one approved EMS Lead
5    Instructor. A program which includes education, training
6    or continuing education for more than one type of personnel
7    may use one EMS Lead Instructor to coordinate the program,
8    and a single EMS Lead Instructor may simultaneously
9    coordinate more than one program or course.
10        (6) Provide standards and procedures for awarding EMS
11    Lead Instructor approval to persons previously approved by
12    the Department to coordinate such courses, based on
13    qualifications prescribed by the Department through rules
14    adopted pursuant to this Act.
15        (7) Suspend, revoke, or refuse to issue or renew the
16    approval of an EMS Lead Instructor, after an opportunity
17    for a hearing, when findings show one or more of the
18    following:
19            (A) The EMS Lead Instructor has failed to conduct a
20        course in accordance with the curriculum prescribed by
21        this Act and rules adopted by the Department pursuant
22        to this Act; or
23            (B) The EMS Lead Instructor has failed to comply
24        with protocols prescribed by the Department through
25        rules adopted pursuant to this Act.
26(Source: P.A. 98-973, eff. 8-15-14.)
 

 

 

SB3255- 25 -LRB100 20052 MJP 35334 b

1    (210 ILCS 50/3.80)
2    Sec. 3.80. Pre-Hospital Registered Nurse, Pre-Hospital
3Physician Assistant, and Emergency Communications Registered
4Nurse.
5    (a) "Emergency Communications Registered Nurse" or "ECRN"
6means a registered professional nurse licensed under the Nurse
7Practice Act who has successfully completed supplemental
8education in accordance with rules adopted by the Department,
9and who is approved by an EMS Medical Director to monitor
10telecommunications from and give voice orders to EMS System
11personnel, under the authority of the EMS Medical Director and
12in accordance with System protocols. For out-of-state
13facilities that have Illinois recognition under the EMS, trauma
14or pediatric programs, the professional shall have an
15unencumbered registered nurse license in the state in which he
16or she practices. In this Section, the term "license" is used
17to reflect a change in terminology from "certification" to
18"license" only.
19    (a-5) "Pre-Hospital Physician Assistant" or "PHPA" means a
20physician assistant licensed under the Physician Assistant
21Practice Act of 1987 who has successfully completed
22supplemental education in accordance with rules adopted by the
23Department pursuant to this Act, and who has a collaboration
24agreement with an EMS Medical Director to practice within an
25Illinois EMS System as emergency medical services personnel for

 

 

SB3255- 26 -LRB100 20052 MJP 35334 b

1pre-hospital and inter-hospital emergency care and
2non-emergency medical transports. For out-of-state facilities
3that have Illinois recognition under the EMS, trauma or
4pediatric programs, the professional shall have an
5unencumbered physician assistant license in the state in which
6he or she practices.
7    (b) "Pre-Hospital Registered Nurse", "PHRN", or
8"Pre-Hospital RN" means a registered professional nurse
9licensed under the Nurse Practice Act who has successfully
10completed supplemental education in accordance with rules
11adopted by the Department pursuant to this Act, and who is
12approved by an EMS Medical Director to practice within an
13Illinois EMS System as emergency medical services personnel for
14pre-hospital and inter-hospital emergency care and
15non-emergency medical transports. For out-of-state facilities
16that have Illinois recognition under the EMS, trauma or
17pediatric programs, the professional shall have an
18unencumbered registered nurse license in the state in which he
19or she practices. In this Section, the term "license" is used
20to reflect a change in terminology from "certification" to
21"license" only.
22    (c) The Department shall have the authority and
23responsibility to:
24        (1) Prescribe education and continuing education
25    requirements for Pre-Hospital Registered Nurse,
26    Pre-Hospital Physician Assistant, and ECRN candidates

 

 

SB3255- 27 -LRB100 20052 MJP 35334 b

1    through rules adopted pursuant to this Act:
2            (A) Education for a Pre-Hospital Registered Nurse
3        or a Pre-Hospital Physician Assistant shall include
4        extrication, telecommunications, and pre-hospital
5        cardiac, medical, and trauma care;
6            (B) Education for ECRN shall include
7        telecommunications, System standing medical orders and
8        the procedures and protocols established by the EMS
9        Medical Director;
10            (C) A Pre-Hospital Registered Nurse candidate who
11        is fulfilling clinical training and in-field
12        supervised experience requirements may perform
13        prescribed procedures under the direct supervision of
14        a physician licensed to practice medicine in all of its
15        branches, a qualified registered professional nurse or
16        a qualified EMT, only when authorized by the EMS
17        Medical Director;
18            (D) An EMS Medical Director may impose in-field
19        supervised field experience requirements on System
20        ECRNs as part of their training or continuing
21        education, in which they perform prescribed procedures
22        under the direct supervision of a physician licensed to
23        practice medicine in all of its branches, a qualified
24        registered professional nurse, or qualified EMS
25        personnel, only when authorized by the EMS Medical
26        Director;

 

 

SB3255- 28 -LRB100 20052 MJP 35334 b

1        (2) Require EMS Medical Directors to reapprove
2    Pre-Hospital Registered Nurses, Pre-Hospital Physician
3    Assistants, and ECRNs every 4 years, based on compliance
4    with continuing education requirements prescribed by the
5    Department through rules adopted pursuant to this Act;
6        (3) Allow EMS Medical Directors to grant inactive
7    status to any Pre-Hospital Registered Nurse, Pre-Hospital
8    Physician Assistants, or ECRN who qualifies, based on
9    standards and procedures established by the Department in
10    rules adopted pursuant to this Act;
11        (4) Require a Pre-Hospital Registered Nurse or a
12    Pre-Hospital Physician Assistant to honor Do Not
13    Resuscitate (DNR) orders and powers of attorney for health
14    care only in accordance with rules adopted by the
15    Department pursuant to this Act and protocols of the EMS
16    System in which he or she practices;
17        (5) Charge each Pre-Hospital Registered Nurse,
18    Pre-Hospital Physician Assistant, applicant and ECRN
19    applicant a fee for licensure and relicensure.
20    (d) The Department shall have the authority to suspend,
21revoke, or refuse to issue or renew a Department-issued PHRN,
22PHPA, or ECRN license when, after notice and the opportunity
23for a hearing, the Department demonstrates that the licensee
24has violated this Act, violated the rules adopted by the
25Department, or failed to comply with the applicable standards
26of care.

 

 

SB3255- 29 -LRB100 20052 MJP 35334 b

1(Source: P.A. 98-973, eff. 8-15-14.)
 
2    (210 ILCS 50/3.165)
3    Sec. 3.165. Misrepresentation.
4    (a) No person shall hold himself or herself out to be or
5engage in the practice of an EMS Medical Director, EMS
6Administrative Director, EMS System Coordinator, EMR, EMD,
7EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, PHPA, TNS, or LI
8without being licensed, certified, approved or otherwise
9authorized pursuant to this Act.
10    (b) A hospital or other entity which employs or utilizes an
11EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic in a manner which is
12outside the scope of his or her license shall not use the words
13"emergency medical responder", "EMR", "emergency medical
14technician", "EMT", "emergency medical
15technician-intermediate", "EMT-I", "advanced emergency medical
16technician", "A-EMT", or "Paramedic" in that person's job
17description or title, or in any other manner hold that person
18out to be so licensed.
19    (c) No provider or participant within an EMS System shall
20hold itself out as providing a type or level of service that
21has not been approved by that System's EMS Medical Director.
22(Source: P.A. 98-973, eff. 8-15-14.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.