HB3554 EngrossedLRB101 09798 CPF 54899 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 Section 3.50 as follows:
 
6    (210 ILCS 50/3.50)
7    (Text of Section before amendment by P.A. 100-1082)
8    Sec. 3.50. Emergency Medical Services personnel licensure
9levels.
10    (a) "Emergency Medical Technician" or "EMT" means a person
11who has successfully completed a course in basic life support
12as approved by the Department, is currently licensed by the
13Department in accordance with standards prescribed by this Act
14and rules adopted by the Department pursuant to this Act, and
15practices within an EMS System. A valid Emergency Medical
16Technician-Basic (EMT-B) license issued under this Act shall
17continue to be valid and shall be recognized as an Emergency
18Medical Technician (EMT) license until the Emergency Medical
19Technician-Basic (EMT-B) license expires.
20    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
21means a person who has successfully completed a course in
22intermediate life support as approved by the Department, is
23currently licensed by the Department in accordance with

 

 

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

 

 

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1established by the National EMS Educational Standards
2Emergency Medical Responder course as modified by the
3Department. An Emergency Medical Responder who provides
4services as part of an EMS System response plan shall comply
5with the applicable sections of the Program Plan, as approved
6by the Department, of that EMS System. The Department shall
7have the authority to adopt rules governing the curriculum,
8practice, and necessary equipment applicable to Emergency
9Medical Responders.
10    On August 15, 2014 (the effective date of Public Act
1198-973) this amendatory Act of the 98th General Assembly, a
12person who is licensed by the Department as a First Responder
13and has completed a Department-approved course in first
14responder defibrillator training based on, or equivalent to,
15the National EMS Educational Standards or other standards
16previously recognized by the Department shall be eligible for
17licensure as an Emergency Medical Responder upon meeting the
18licensure requirements and submitting an application to the
19Department. A valid First Responder license issued under this
20Act shall continue to be valid and shall be recognized as an
21Emergency Medical Responder license until the First Responder
22license expires.
23    (c-10) All EMS Systems and licensees shall be fully
24compliant with the National EMS Education Standards, as
25modified by the Department in administrative rules, within 24
26months after the adoption of the administrative rules.

 

 

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1    (d) The Department shall have the authority and
2responsibility to:
3        (1) Prescribe education and training requirements,
4    which includes training in the use of epinephrine, for all
5    levels of EMS personnel except for EMRs, based on the
6    National EMS Educational Standards and any modifications
7    to those curricula specified by the Department through
8    rules adopted pursuant to this Act.
9        (2) Prescribe licensure testing requirements for all
10    levels of EMS personnel, which shall include a requirement
11    that all phases of instruction, training, and field
12    experience be completed before taking the appropriate
13    licensure examination. Candidates may elect to take the
14    appropriate National Registry examination in lieu of the
15    Department's examination, but are responsible for making
16    their own arrangements for taking the National Registry
17    examination. In prescribing licensure testing requirements
18    for honorably discharged members of the armed forces of the
19    United States under this paragraph (2), the Department
20    shall ensure that a candidate's military emergency medical
21    training, emergency medical curriculum completed, and
22    clinical experience, as described in paragraph (2.5), are
23    recognized.
24        (2.5) Review applications for EMS personnel licensure
25    from honorably discharged members of the armed forces of
26    the United States with military emergency medical

 

 

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1    training. Applications shall be filed with the Department
2    within one year after military discharge and shall contain:
3    (i) proof of successful completion of military emergency
4    medical training; (ii) a detailed description of the
5    emergency medical curriculum completed; and (iii) a
6    detailed description of the applicant's clinical
7    experience. The Department may request additional and
8    clarifying information. The Department shall evaluate the
9    application, including the applicant's training and
10    experience, consistent with the standards set forth under
11    subsections (a), (b), (c), and (d) of Section 3.10. If the
12    application clearly demonstrates that the training and
13    experience meets such standards, the Department shall
14    offer the applicant the opportunity to successfully
15    complete a Department-approved EMS personnel examination
16    for the level of license for which the applicant is
17    qualified. Upon passage of an examination, the Department
18    shall issue a license, which shall be subject to all
19    provisions of this Act that are otherwise applicable to the
20    level of EMS personnel license issued.
21        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
22    or Paramedic who have met the Department's education,
23    training and examination requirements.
24        (4) Prescribe annual continuing education and
25    relicensure requirements for all EMS personnel licensure
26    levels.

 

 

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

 

 

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1        (8) Suspend, revoke, or refuse to issue or renew the
2    license of any licensee, after an opportunity for an
3    impartial hearing before a neutral administrative law
4    judge appointed by the Director, where the preponderance of
5    the evidence shows one or more of the following:
6            (A) The licensee has not met continuing education
7        or relicensure requirements as prescribed by the
8        Department;
9            (B) The licensee has failed to maintain
10        proficiency in the level of skills for which he or she
11        is licensed;
12            (C) The licensee, during the provision of medical
13        services, engaged in dishonorable, unethical, or
14        unprofessional conduct of a character likely to
15        deceive, defraud, or harm the public;
16            (D) The licensee has failed to maintain or has
17        violated standards of performance and conduct as
18        prescribed by the Department in rules adopted pursuant
19        to this Act or his or her EMS System's Program Plan;
20            (E) The licensee is physically impaired to the
21        extent that he or she cannot physically perform the
22        skills and functions for which he or she is licensed,
23        as verified by a physician, unless the person is on
24        inactive status pursuant to Department regulations;
25            (F) The licensee is mentally impaired to the extent
26        that he or she cannot exercise the appropriate

 

 

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1        judgment, skill and safety for performing the
2        functions for which he or she is licensed, as verified
3        by a physician, unless the person is on inactive status
4        pursuant to Department regulations;
5            (G) The licensee has violated this Act or any rule
6        adopted by the Department pursuant to this Act; or
7            (H) The licensee has been convicted (or entered a
8        plea of guilty or nolo-contendere) by a court of
9        competent jurisdiction of a Class X, Class 1, or Class
10        2 felony in this State or an out-of-state equivalent
11        offense.
12        (9) Prescribe education and training requirements in
13    the administration and use of opioid antagonists for all
14    levels of EMS personnel based on the National EMS
15    Educational Standards and any modifications to those
16    curricula specified by the Department through rules
17    adopted pursuant to this Act.
18    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
19PHRN who is a member of the Illinois National Guard or an
20Illinois State Trooper or who exclusively serves as a volunteer
21for units of local government with a population base of less
22than 5,000 or as a volunteer for a not-for-profit organization
23that serves a service area with a population base of less than
245,000 may submit an application to the Department for a waiver
25of the fees described under paragraph (7) of subsection (d) of
26this Section on a form prescribed by the Department.

 

 

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1    The education requirements prescribed by the Department
2under this Section must allow for the suspension of those
3requirements in the case of a member of the armed services or
4reserve forces of the United States or a member of the Illinois
5National Guard who is on active duty pursuant to an executive
6order of the President of the United States, an act of the
7Congress of the United States, or an order of the Governor at
8the time that the member would otherwise be required to fulfill
9a particular education requirement. Such a person must fulfill
10the education requirement within 6 months after his or her
11release from active duty.
12    (e) In the event that any rule of the Department or an EMS
13Medical Director that requires testing for drug use as a
14condition of the applicable EMS personnel license conflicts
15with or duplicates a provision of a collective bargaining
16agreement that requires testing for drug use, that rule shall
17not apply to any person covered by the collective bargaining
18agreement.
19    (f) At the time of applying for or renewing his or her
20license, an applicant for a license or license renewal may
21submit an email address to the Department. The Department shall
22keep the email address on file as a form of contact for the
23individual. The Department shall send license renewal notices
24electronically and by mail to all licensees who provide the
25Department with his or her email address. The notices shall be
26sent at least 60 days prior to the expiration date of the

 

 

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1license.
2(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,
3eff. 8-15-14; 99-480, eff. 9-9-15; revised 10-4-18.)
 
4    (Text of Section after amendment by P.A. 100-1082)
5    Sec. 3.50. Emergency Medical Services personnel licensure
6levels.
7    (a) "Emergency Medical Technician" or "EMT" means a person
8who has successfully completed a course in basic life support
9as approved by the Department, is currently licensed by the
10Department in accordance with standards prescribed by this Act
11and rules adopted by the Department pursuant to this Act, and
12practices within an EMS System. A valid Emergency Medical
13Technician-Basic (EMT-B) license issued under this Act shall
14continue to be valid and shall be recognized as an Emergency
15Medical Technician (EMT) license until the Emergency Medical
16Technician-Basic (EMT-B) license expires.
17    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
18means a person who has successfully completed a course in
19intermediate life support as approved by the Department, is
20currently licensed by the Department in accordance with
21standards prescribed by this Act and rules adopted by the
22Department pursuant to this Act, and practices within an
23Intermediate or Advanced Life Support EMS System.
24    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
25means a person who has successfully completed a course in basic

 

 

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1and limited advanced emergency medical care as approved by the
2Department, is currently licensed by the Department in
3accordance with standards prescribed by this Act and rules
4adopted by the Department pursuant to this Act, and practices
5within an Intermediate or Advanced Life Support EMS System.
6    (c) "Paramedic (EMT-P)" means a person who has successfully
7completed a course in advanced life support care as approved by
8the Department, is licensed by the Department in accordance
9with standards prescribed by this Act and rules adopted by the
10Department pursuant to this Act, and practices within an
11Advanced Life Support EMS System. A valid Emergency Medical
12Technician-Paramedic (EMT-P) license issued under this Act
13shall continue to be valid and shall be recognized as a
14Paramedic license until the Emergency Medical
15Technician-Paramedic (EMT-P) license expires.
16    (c-5) "Emergency Medical Responder" or "EMR (First
17Responder)" means a person who has successfully completed a
18course in emergency medical response as approved by the
19Department and provides emergency medical response services
20prior to the arrival of an ambulance or specialized emergency
21medical services vehicle, in accordance with the level of care
22established by the National EMS Educational Standards
23Emergency Medical Responder course as modified by the
24Department. An Emergency Medical Responder who provides
25services as part of an EMS System response plan shall comply
26with the applicable sections of the Program Plan, as approved

 

 

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1by the Department, of that EMS System. The Department shall
2have the authority to adopt rules governing the curriculum,
3practice, and necessary equipment applicable to Emergency
4Medical Responders.
5    On August 15, 2014 (the effective date of Public Act
698-973) this amendatory Act of the 98th General Assembly, a
7person who is licensed by the Department as a First Responder
8and has completed a Department-approved course in first
9responder defibrillator training based on, or equivalent to,
10the National EMS Educational Standards or other standards
11previously recognized by the Department shall be eligible for
12licensure as an Emergency Medical Responder upon meeting the
13licensure requirements and submitting an application to the
14Department. A valid First Responder license issued under this
15Act shall continue to be valid and shall be recognized as an
16Emergency Medical Responder license until the First Responder
17license expires.
18    (c-10) All EMS Systems and licensees shall be fully
19compliant with the National EMS Education Standards, as
20modified by the Department in administrative rules, within 24
21months after the adoption of the administrative rules.
22    (d) The Department shall have the authority and
23responsibility to:
24        (1) Prescribe education and training requirements,
25    which includes training in the use of epinephrine, for all
26    levels of EMS personnel except for EMRs, based on the

 

 

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1    National EMS Educational Standards and any modifications
2    to those curricula specified by the Department through
3    rules adopted pursuant to this Act.
4        (2) Prescribe licensure testing requirements for all
5    levels of EMS personnel, which shall include a requirement
6    that all phases of instruction, training, and field
7    experience be completed before taking the appropriate
8    licensure examination. Candidates may elect to take the
9    appropriate National Registry examination in lieu of the
10    Department's examination, but are responsible for making
11    their own arrangements for taking the National Registry
12    examination. In prescribing licensure testing requirements
13    for honorably discharged members of the armed forces of the
14    United States under this paragraph (2), the Department
15    shall ensure that a candidate's military emergency medical
16    training, emergency medical curriculum completed, and
17    clinical experience, as described in paragraph (2.5), are
18    recognized.
19        (2.5) Review applications for EMS personnel licensure
20    from honorably discharged members of the armed forces of
21    the United States with military emergency medical
22    training. Applications shall be filed with the Department
23    within one year after military discharge and shall contain:
24    (i) proof of successful completion of military emergency
25    medical training; (ii) a detailed description of the
26    emergency medical curriculum completed; and (iii) a

 

 

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1    detailed description of the applicant's clinical
2    experience. The Department may request additional and
3    clarifying information. The Department shall evaluate the
4    application, including the applicant's training and
5    experience, consistent with the standards set forth under
6    subsections (a), (b), (c), and (d) of Section 3.10. If the
7    application clearly demonstrates that the training and
8    experience meet meets such standards, the Department shall
9    offer the applicant the opportunity to successfully
10    complete a Department-approved EMS personnel examination
11    for the level of license for which the applicant is
12    qualified. Upon passage of an examination, the Department
13    shall issue a license, which shall be subject to all
14    provisions of this Act that are otherwise applicable to the
15    level of EMS personnel license issued.
16        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
17    or Paramedic who have met the Department's education,
18    training and examination requirements.
19        (4) Prescribe annual continuing education and
20    relicensure requirements for all EMS personnel licensure
21    levels.
22        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
23    A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
24    based on their compliance with continuing education and
25    relicensure requirements as required by the Department
26    pursuant to this Act. Every 4 years, a Paramedic shall have

 

 

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1    100 hours of approved continuing education, an EMT-I and an
2    advanced EMT shall have 80 hours of approved continuing
3    education, and an EMT shall have 60 hours of approved
4    continuing education. An Illinois licensed EMR, EMD, EMT,
5    EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose
6    license has been expired for less than 36 months may apply
7    for reinstatement by the Department. Reinstatement shall
8    require that the applicant (i) submit satisfactory proof of
9    completion of continuing medical education and clinical
10    requirements to be prescribed by the Department in an
11    administrative rule; (ii) submit a positive recommendation
12    from an Illinois EMS Medical Director attesting to the
13    applicant's qualifications for retesting; and (iii) pass a
14    Department approved test for the level of EMS personnel
15    license sought to be reinstated.
16        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
17    A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
18    qualifies, based on standards and procedures established
19    by the Department in rules adopted pursuant to this Act.
20        (7) Charge a fee for EMS personnel examination,
21    licensure, and license renewal.
22        (8) Suspend, revoke, or refuse to issue or renew the
23    license of any licensee, after an opportunity for an
24    impartial hearing before a neutral administrative law
25    judge appointed by the Director, where the preponderance of
26    the evidence shows one or more of the following:

 

 

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1            (A) The licensee has not met continuing education
2        or relicensure requirements as prescribed by the
3        Department;
4            (B) The licensee has failed to maintain
5        proficiency in the level of skills for which he or she
6        is licensed;
7            (C) The licensee, during the provision of medical
8        services, engaged in dishonorable, unethical, or
9        unprofessional conduct of a character likely to
10        deceive, defraud, or harm the public;
11            (D) The licensee has failed to maintain or has
12        violated standards of performance and conduct as
13        prescribed by the Department in rules adopted pursuant
14        to this Act or his or her EMS System's Program Plan;
15            (E) The licensee is physically impaired to the
16        extent that he or she cannot physically perform the
17        skills and functions for which he or she is licensed,
18        as verified by a physician, unless the person is on
19        inactive status pursuant to Department regulations;
20            (F) The licensee is mentally impaired to the extent
21        that he or she cannot exercise the appropriate
22        judgment, skill and safety for performing the
23        functions for which he or she is licensed, as verified
24        by a physician, unless the person is on inactive status
25        pursuant to Department regulations;
26            (G) The licensee has violated this Act or any rule

 

 

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1        adopted by the Department pursuant to this Act; or
2            (H) The licensee has been convicted (or entered a
3        plea of guilty or nolo-contendere) by a court of
4        competent jurisdiction of a Class X, Class 1, or Class
5        2 felony in this State or an out-of-state equivalent
6        offense.
7        (9) Prescribe education and training requirements in
8    the administration and use of opioid antagonists for all
9    levels of EMS personnel based on the National EMS
10    Educational Standards and any modifications to those
11    curricula specified by the Department through rules
12    adopted pursuant to this Act.
13    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
14PHAPRN, PHPA, or PHRN who is a member of the Illinois National
15Guard or an Illinois State Trooper or who exclusively serves as
16a volunteer for units of local government with a population
17base of less than 5,000 or as a volunteer for a not-for-profit
18organization that serves a service area with a population base
19of less than 5,000 may submit an application to the Department
20for a waiver of the fees described under paragraph (7) of
21subsection (d) of this Section on a form prescribed by the
22Department.
23    The education requirements prescribed by the Department
24under this Section must allow for the suspension of those
25requirements in the case of a member of the armed services or
26reserve forces of the United States or a member of the Illinois

 

 

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1National Guard who is on active duty pursuant to an executive
2order of the President of the United States, an act of the
3Congress of the United States, or an order of the Governor at
4the time that the member would otherwise be required to fulfill
5a particular education requirement. Such a person must fulfill
6the education requirement within 6 months after his or her
7release from active duty.
8    (e) In the event that any rule of the Department or an EMS
9Medical Director that requires testing for drug use as a
10condition of the applicable EMS personnel license conflicts
11with or duplicates a provision of a collective bargaining
12agreement that requires testing for drug use, that rule shall
13not apply to any person covered by the collective bargaining
14agreement.
15    (f) At the time of applying for or renewing his or her
16license, an applicant for a license or license renewal may
17submit an email address to the Department. The Department shall
18keep the email address on file as a form of contact for the
19individual. The Department shall send license renewal notices
20electronically and by mail to all licensees who provide the
21Department with his or her email address. The notices shall be
22sent at least 60 days prior to the expiration date of the
23license.
24(Source: P.A. 99-480, eff. 9-9-15; 100-1082, eff. 8-24-19;
25revised 10-4-18.)
 

 

 

HB3554 Engrossed- 19 -LRB101 09798 CPF 54899 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.