98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3208

 

Introduced , by Rep. Michael Unes

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/10.14 new
55 ILCS 5/3-6013  from Ch. 34, par. 3-6013
55 ILCS 5/3-6015.1 new
65 ILCS 5/3.1-30-20  from Ch. 24, par. 3.1-30-20
65 ILCS 5/11-1-1.05 new
30 ILCS 805/8.37 new

    Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall certify Tactical Medicine Providers. Provides that in order to be eligible for certification the person must be an Emergency Medical Technician, Advanced Emergency Medical Technician, paramedic, nurse, physician assistant, advanced practice nurse physician, dentist, or other medical provider designated by the Board. Establishes additional training requirements for Tactical Medicine Providers. Amends the Counties Code and the Illinois Municipal Code. Provides that Tactical Medicine Providers may assist the sheriff or police chief, including but not limited to, Special Weapons And Tactics (SWAT), special operations, search and rescue, and disaster response teams. Provides that Tactical Medicine Providers may be assigned to a Special Weapons And Tactics (SWAT) team designated by the sheriff or police chief. Provides that a Tactical Medicine Provider does not have the power of arrest and shall not be considered a conservator of the peace. Provides that immediately prior to, during, and immediately after an authorized deployment or mission, a sheriff or police chief may authorize and direct a Tactical Medicine Provider to carry a firearm for self-protection and protection of their patients and casualties, which may include wounded law enforcement officers. Prescribes the duties of Tactical Medicine Providers. Permits TMPs to live outside the county served by the local law enforcement agency that employs him or her.


LRB098 11172 OMW 41883 b

 

 

A BILL FOR

 

HB3208LRB098 11172 OMW 41883 b

1    AN ACT concerning Tactical Medicine Providers.
 
2    WHEREAS, Law enforcement agencies and their special teams
3function in high-threat environments, such as encountering
4active shooters in schools, malls, and religious institutions,
5engaging domestic terrorists, neutralizing methamphetamine
6labs, serving high-risk arrest and search warrants, addressing
7barricaded suspects holding hostages, and facing a variety of
8other life threatening situations; and
9    WHEREAS, Many law enforcement agencies must face these
10extreme hazards without the emergency medical care that is
11provided to citizens of Illinois through the Emergency Medical
12Services system because EMTs and paramedics are not permitted
13within the inner perimeter of the hot zone; therefore
 
14    Be it enacted by the People of the State of Illinois,
15represented in the General Assembly:
 
16    Section 5. The Illinois Police Training Act is amended by
17adding Section 10.14 as follows:
 
18    (50 ILCS 705/10.14 new)
19    Sec. 10.14. Tactical Medicine Provider.
20    (a) The Board shall certify Tactical Medicine Providers. A
21person is eligible for certification as a Tactical Medicine
22Provider (TMP) if he or she is licensed as follows:

 

 

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1        (1) by the Department of Public Health as an Emergency
2    Medical Technician-Basic (EMT-B), an Emergency Medical
3    Technician-Intermediate (EMT-I), or an Emergency Medical
4    Technician-Paramedic (EMT-P) under the Emergency Medical
5    Services (EMS) Systems Act;
6        (2) by the Department of Financial and Professional
7    Regulation as a physician (whether licensed to practice
8    medicine in all of its branches or licensed as a
9    chiropractic physician) under the Medical Practice Act of
10    1987;
11        (3) by the Department of Financial and Professional
12    Regulation as a practical nurse, registered nurse, or
13    advanced practice nurse under the Nurse Practice Act;
14        (4) by the Department of Financial and Professional
15    Regulation as a physician assistant under the Physician
16    Assistant Practice Act of 1987; or
17        (5) by the Department of Financial and Professional
18    Regulation as a dentist under the Illinois Dental Practice
19    Act.
20    The Board may designate other medical providers as eligible
21for certification as Tactical Medicine Providers.
22    (b) The Board shall require a person to receive the
23following training in order to be eligible for certification as
24a Tactical Medicine Provider:
25        (1) Completion of a standard 40 hour tactical emergency
26    medicine training course at a reputable school, such as the

 

 

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1    International School of Tactical Medicine (approved by the
2    Department of Homeland Security), Counter Narcotics and
3    Terrorism Operational Medical Support (CONTOMS), or other
4    reputable tactical emergency medical specialist (TEMS)
5    training program, as the Board may approve.
6        (2) Completion of a course of study in Tactical Law
7    Enforcement that develops proficiency in the area that the
8    TMP is assigned. This may include a 40-hour component that
9    shall enable the TMP to learn and become proficient in
10    Special Weapons And Tactics (SWAT). This may be completed
11    by routine training with the TMP's agency, or at a
12    certified course, such as a standard 40-hour SWAT course.
13        (3) A 40-hour firearms training course and additional
14    firearms training conducted with the TMP's tactical team on
15    an ongoing basis to maintain competency in safely handling
16    weapons and disarming downed officers and suspects.
17        (4) Routine on-going tactical and medical training
18    with the law enforcement agency that the TMP is supporting,
19    including training in topics such as officer-down
20    scenarios, familiarization with weapons and tactics, and
21    medical support during training and operations.
22        (5) Training in blood-borne pathogens, hazardous
23    materials, weapons of mass destruction, terrorism-related
24    topics, self defense tactics, environmental medicine, law
25    enforcement, and other advanced training.
26        (6) Such other education and training deemed

 

 

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1    appropriate by the Board.
2    (c) In determining what training under items (1), (4), and
3(5) of subsection (b) of this Section is appropriate, the Board
4shall consult with and receive the approval of the Director of
5Public Health and the State Emergency Medical Services Advisory
6Council before authorizing those particular courses of
7training.
8    (d) A sheriff or municipal police chief may employ or may
9receive volunteer service from one or more Tactical Medicine
10Providers pursuant to Section 3-6015.1 of the Counties Code and
11Section 11-1-1.05 of the Illinois Municipal Code.
12    (e) Any TMP serving a law enforcement agency may apply for
13a Non-transport Provider license with the Department of Public
14Health and shall comply with existing rules regarding such
15licensure.
16    (f) A Tactical Medicine Provider certified under this Act
17shall not, as a result of his or her acts or omissions in
18performing his or her duties as a TMP, be subject to
19disciplinary or other adverse action under the Emergency
20Medical Services (EMS) Systems Act, the Medical Practice Act of
211987, the Nurse Practice Act, the Physician Assistant Practice
22Act of 1987, the Illinois Dental Practice Act, or any other Act
23that licenses professions that the Board deems eligible for
24certification as Tactical Medicine Providers.
 
25    Section 10. The Counties Code is amended by changing

 

 

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1Section 3-6013 and adding Section 3-6015.1 as follows:
 
2    (55 ILCS 5/3-6013)  (from Ch. 34, par. 3-6013)
3    Sec. 3-6013. Duties, training and compensation of
4auxiliary deputies. Auxiliary deputies shall not supplement
5members of the regular county police department or regular
6deputies in the performance of their assigned and normal
7duties, except as provided herein. Auxiliary deputies may be
8assigned and directed by the sheriff to perform the following
9duties in the county:
10    To aid or direct traffic within the county, to aid in
11control of natural or human made disasters, to aid in case of
12civil disorder as assigned and directed by the sheriff,
13provided, that in emergency cases which render it impractical
14for members of the regular county police department or regular
15deputies to perform their assigned and normal duties, the
16sheriff is hereby authorized to assign and direct auxiliary
17deputies to perform such regular and normal duties.
18Identification symbols worn by such auxiliary deputies shall be
19different and distinct from those used by members of the
20regular county police department or regular deputies. Such
21auxiliary deputies shall at all times during the performance of
22their duties be subject to the direction and control of the
23sheriff of the county. Such auxiliary deputies shall not carry
24firearms, except with the permission of the sheriff, and only
25while in uniform and in the performance of their assigned

 

 

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1duties.
2    Auxiliary deputies, prior to entering upon any of their
3duties, shall receive a course of training in the use of
4weapons and other police procedures as shall be appropriate in
5the exercise of the powers conferred upon them under this
6Division, which training and course of study shall be
7determined and provided by the sheriff of each county utilizing
8auxiliary deputies, provided that, before being permitted to
9carry a firearm an auxiliary deputy must have the same course
10of training as required of peace officers in Section 2 of the
11Peace Officer Firearm Training Act. The county authorities
12shall require that all auxiliary deputies be residents of the
13county served by them. Prior to the appointment of any
14auxiliary deputy his or her fingerprints shall be taken and no
15person shall be appointed as such auxiliary deputy if he or she
16has been convicted of a felony or other crime involving moral
17turpitude.
18    Auxiliary deputies may receive such compensation as is set
19by the County Board, with the advice and consent of the
20Sheriff, not to exceed the lowest hourly pay of a full-time
21sworn member of the regular county police or sheriff's
22department and not be paid a salary, except as provided in
23Section 3-6036, but may be reimbursed for actual expenses
24incurred in performing their assigned duty. The County Board
25must approve such actual expenses and arrange for payment.
26    Auxiliary deputies who have been certified by the Illinois

 

 

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1Law Enforcement Training Standards Board as Tactical Medicine
2Providers shall perform the duties prescribed to them in
3Section 3-6015.1.
4    Nothing in this Division shall preclude an auxiliary deputy
5from holding a simultaneous appointment as an auxiliary police
6officer pursuant to Section 3-6-5 of the Illinois Municipal
7Code.
8(Source: P.A. 97-379, eff. 8-15-11.)
 
9    (55 ILCS 5/3-6015.1 new)
10    Sec. 3-6015.1. Law enforcement agency support; Tactical
11Medicine Providers.
12    (a) A sheriff may employ or may receive volunteer service
13from one or more Tactical Medicine Providers. The sheriff may
14designate persons as auxiliary deputies who are certified by
15the Illinois Law Enforcement Training Standards Board as
16Tactical Medicine Providers.
17    (b) A Tactical Medicine Provider may be assigned to a law
18enforcement agency, including special teams such as component
19of the sheriff's department including, but not limited to,
20SWAT, special operations, search and rescue, and disaster
21response. One or more Tactical Medicine Providers assigned to a
22SWAT team shall be considered a Tactical Emergency Medical
23Support Unit and pre-hospital emergency care providers. Before
24the sheriff deploys a Tactical Emergency Medical Support Unit
25assigned to a SWAT team, the sheriff must receive the approval

 

 

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1of the Unit by the Department of Public Health.
2    (c) A Tactical Medicine Provider does not have the power of
3arrest and shall not be considered a conservator of the peace.
4    (d) The sheriff may authorize a Tactical Medicine Provider
5to carry a firearm during deployment, including a SWAT team
6mission, and at times immediately prior to and after the
7mission, as designated by the sheriff.
8    (e) The Tactical Medicine Provider shall have the following
9duties:
10        (1) Prior to a law enforcement agency team deployment
11    or SWAT team mission to:
12            (A) attend tactical team training sessions;
13            (B) provide preventive medicine, health
14        maintenance, and injury control measures;
15            (C) provide medical care to team members who become
16        injured or ill at training;
17            (D) provide education in first aid and combat
18        casualty care to team members, including providing
19        instruction in CPR, combat first aid, ballistics,
20        field medicine, and other medically-related topics
21        that pertain to the tactical environment, practicing
22        "officer down" immediate action drills, extractions,
23        and other scenarios;
24            (E) prepare the tactical medicine team to deal with
25        pertinent medical threats and hazards expected at
26        training event and call-outs;

 

 

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1            (F) identify and prepare for any pre-existing
2        medical condition of team members;
3            (G) make recommendations to optimize internal
4        policies related to Tactical Emergency Medical
5        Services (TEMS) and general law enforcement health
6        issues; and
7            (H) serve as a resource for any medical concerns
8        that affect the sheriff's office.
9        (2) During a mission "call-out", a Tactical Medicine
10    Provider shall:
11            (A) remain available to provide emergency medical
12        care for those in need;
13            (B) participate in mission planning, preparing an
14        assessment of medical threats, and providing
15        appropriate advice while keeping missions
16        appropriately confidential to avoid any information
17        leaks that would jeopardize the mission;
18            (C) pre-plan and arrange emergency medical
19        evacuation and transportation pertinent to the
20        mission, including methods of transport, appropriate
21        hospitals, and route planning;
22            (D) provide appropriate preventive and immediate
23        medical care to tactical team members, other law
24        enforcement officers, and public safety personnel;
25            (E) provide secondary emergency care to
26        bystanders, suspects, or others on site at the

 

 

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1        discretion of the team leader or commander;
2            (F) provide "assessment and clearing" of suspects
3        prior to incarceration as directed by the team leader
4        or commander;
5            (G) advise the command staff of developing medical
6        concerns, and remaining available for medical
7        consultation to the team leader or commander;
8            (H) perform remote assessment or "medicine across
9        the barricade" of any downed victims in exposed areas
10        and then advising the commander about the likely
11        viability of the victim or victims and injuries;
12            (I) improve team performance and morale by the
13        presence of immediate medical support; and
14            (J) function as a liaison with the local Emergency
15        Medical Services (EMS) System, hospitals, and
16        officials from other public safety and law enforcement
17        agencies.
18        (3) After a mission, a Tactical Medicine Provider may
19    be involved in the following post-incident support
20    activities:
21            (A) participating in post-incident debriefing and
22        review, assisting command staff with analysis of the
23        operation or training event, or both, and any medical
24        care delivered, and making improvements to the
25        tactical medicine unit, policies, and procedures as
26        needed;

 

 

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1            (B) reviewing and documenting all medical
2        treatment and records relevant to operational or
3        training missions;
4            (C) appropriately optimizing treatment,
5        rehabilitation, and mental health for injured officers
6        through "ombudsman" involvement with hospitals,
7        physicians, family, and sheriff's office officials,
8        while maintaining HIPAA and patient confidentiality
9        regulations; and
10            (D) Incorporating "lessons learned" into future
11        unit training and preparedness, assisting with
12        preventive medicine efforts, and improving care.
13    (f) A Tactical Medicine Provider may reside outside the
14limits of the county served by the law enforcement agency of
15his or her employment.
16    (g) The sheriff may authorize Tactical Medicine Providers
17that are assigned to a law enforcement agency or a SWAT team,
18or both, to deploy with that team to any location in the State
19of Illinois or other state to which the responding team is
20ordered. If the location is in a different EMS system, then the
21TMP (if a non-physician) shall report to his or her regular EMS
22Medical Director for the duration of the deployment and shall
23continue to abide by his or her normal EMS medical and tactical
24medicine protocols. Liability coverage for officers and TMPs
25during deployment across county or state lines including, but
26not limited to, health insurance, disability insurance,

 

 

HB3208- 12 -LRB098 11172 OMW 41883 b

1worker's compensation, and other insurance coverage, shall not
2be altered by the deployment.
3    (h) If a Tactical Medicine Provider is serving as a
4volunteer and engaged in one or more of the duties described in
5subsection (e) of this Section, or an act ancillary thereto:
6        (1) he or she shall be treated as if the TMP is a
7    "public employee" under the Local Governmental and
8    Governmental Employees Tort Immunity Act; and
9        (2) the acts, or omissions to act, of the TMP shall be
10    deemed to have been for public and governmental purposes
11    and subject to immunity from liability to the same extent
12    as an employee of a governmental entity of this State for
13    whom the TMP is a volunteer.
 
14    Section 15. The Illinois Municipal Code is amended by
15changing Section 3.1-30-20 and adding Section 11-1-1.05 as
16follows:
 
17    (65 ILCS 5/3.1-30-20)  (from Ch. 24, par. 3.1-30-20)
18    Sec. 3.1-30-20. Auxiliary police officers.
19    (a) Auxiliary police officers shall not be members of the
20regular police department of the municipality. Auxiliary
21police officers shall not supplement members of the regular
22police department of any municipality in the performance of
23their assigned and normal duties, except as otherwise provided
24in this Code. Auxiliary police officers shall only be assigned

 

 

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1to perform the following duties in a municipality: (i) to aid
2or direct traffic within the municipality, (ii) to aid in
3control of natural or man made disasters, and (iii) to aid in
4case of civil disorder as directed by the chief of police. When
5it is impractical for members of the regular police department
6to perform those normal and regular police duties, however, the
7chief of police of the regular police department may assign
8auxiliary police officers to perform those normal and regular
9police duties. Identification symbols worn by auxiliary police
10officers shall be different and distinct from those used by
11members of the regular police department. Auxiliary police
12officers shall at all times during the performance of their
13duties be subject to the direction and control of the chief of
14police of the municipality. Auxiliary police officers shall not
15carry firearms, except with the permission of the chief of
16police and while in uniform and in the performance of their
17duties. Auxiliary police officers, when on duty, shall also be
18conservators of the peace and shall have the powers specified
19in Section 3.1-15-25.
20    (b) Auxiliary police officers, before entering upon any of
21their duties, shall receive a course of training in the use of
22weapons and other police procedures appropriate for the
23exercise of the powers conferred upon them under this Code. The
24training and course of study shall be determined and provided
25by the corporate authorities of each municipality employing
26auxiliary police officers. Before being permitted to carry a

 

 

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1firearm, however, an auxiliary police officer must have the
2same course of training as required of peace officers under
3Section 2 of the Peace Officer Firearm Training Act. The
4municipal authorities may require that all auxiliary police
5officers be residents of the municipality served by them.
6Before the appointment of an auxiliary police officer, the
7person's fingerprints shall be taken, and no person shall be
8appointed as an auxiliary police officer if that person has
9been convicted of a felony or other crime involving moral
10turpitude.
11    (b-5) Auxiliary police officers who have been certified by
12the Illinois Law Enforcement Training Standards Board as
13Tactical Medicine Providers shall perform the duties
14prescribed to them in Section 11-1-1.05.
15    (c) The Line of Duty Compensation Act shall be applicable
16to auxiliary police officers upon their death in the line of
17duty described in this Code.
18(Source: P.A. 94-984, eff. 6-30-06.)
 
19    (65 ILCS 5/11-1-1.05 new)
20    Sec. 11-1-1.05. Law enforcement agency support; Tactical
21Medicine Providers.
22    (a) A municipal police chief may employ or may receive
23volunteer service from one or more Tactical Medicine Providers.
24The municipal police chief may designate persons as auxiliary
25police officers who are certified by the Illinois Law

 

 

HB3208- 15 -LRB098 11172 OMW 41883 b

1Enforcement Training Standards Board as Tactical Medicine
2Providers.
3    (b) A Tactical Medicine Provider may be assigned to a Law
4Enforcement Agency, including special teams such as a Special
5Weapons And Tactics (SWAT) team, designated by the municipal
6police chief. One or more Tactical Medicine Providers assigned
7to a SWAT team shall be considered a Tactical Emergency Medical
8Support Unit and pre-hospital emergency care providers. Before
9the municipal police chief deploys a Tactical Emergency Medical
10Support Unit assigned to a SWAT team, the municipal police
11chief must receive the approval of the Unit by the Department
12of Public Health.
13    (c) A Tactical Medicine Provider does not have the power of
14arrest and shall not be considered a conservator of the peace.
15    (d) The municipal police chief may authorize a Tactical
16Medicine Provider to carry a firearm during a law enforcement
17agency deployment, such as a SWAT team mission, and at times
18immediately prior to and after the mission as designated by the
19municipal police chief.
20    (e) The Tactical Medicine Provider shall have the following
21duties:
22        (1) Prior to a SWAT team mission to:
23            (A) attend tactical team training sessions;
24            (B) provide preventive medicine, health
25        maintenance, and injury control measures;
26            (C) provide medical care to team members who become

 

 

HB3208- 16 -LRB098 11172 OMW 41883 b

1        injured or ill at training;
2            (D) provide education in first aid and combat
3        casualty care to team members, including providing
4        instruction in CPR, combat first aid, ballistics,
5        field medicine, and other medically-related topics
6        that pertain to the tactical environment, practicing
7        "officer down" immediate action drills, extractions,
8        and other scenarios;
9            (E) prepare the tactical medicine team to deal with
10        pertinent medical threats and hazards expected at
11        training event and call-outs;
12            (F) identify and prepare for any pre-existing
13        medical condition of team members;
14            (G) make recommendations to optimize internal
15        policies related to Tactical Emergency Medical
16        Services (TEMS) and general law enforcement health
17        issues; and
18            (H) serve as a resource for any medical concerns
19        that affect the sheriff's office.
20        (2) During a mission "call-out", a Tactical Medicine
21    Provider shall:
22            (A) remain available to provide emergency medical
23        care for those in need;
24            (B) participate in mission planning, preparing an
25        assessment of medical threats, and providing
26        appropriate advice while keeping missions

 

 

HB3208- 17 -LRB098 11172 OMW 41883 b

1        appropriately confidential to avoid any information
2        leaks that would jeopardize the mission;
3            (C) pre-plan and arrange emergency medical
4        evacuation and transportation pertinent to the
5        mission, including methods of transport, appropriate
6        hospitals, and route planning;
7            (D) provide appropriate preventive and immediate
8        medical care to tactical team members, other law
9        enforcement officers, and public safety personnel;
10            (E) provide secondary emergency care to
11        bystanders, suspects, or others on site at the
12        discretion of the team leader or commander;
13            (F) provide "assessment and clearing" of suspects
14        prior to incarceration as directed by the team leader
15        or commander;
16            (G) advise the command staff of developing medical
17        concerns, and remaining available for medical
18        consultation to the team leader or commander;
19            (H) perform remote assessment or "medicine across
20        the barricade" of any downed victims in exposed areas
21        and then advising the commander about the likely
22        viability of the victim or victims and injuries;
23            (I) improve team performance and morale by the
24        presence of immediate medical support; and
25            (J) function as a liaison with the local Emergency
26        Medical Services (EMS) System, hospitals, and

 

 

HB3208- 18 -LRB098 11172 OMW 41883 b

1        officials from other public safety and law enforcement
2        agencies.
3        (3) After a mission, a Tactical Medicine Provider may
4    be involved in the following post-incident support
5    activities:
6            (A) participating in post-incident debriefing and
7        review, assisting command staff with analysis of the
8        operation or training event, or both, and any medical
9        care delivered, and making improvements to the
10        tactical medicine unit, policies, and procedures as
11        needed;
12            (B) reviewing and documenting all medical
13        treatment and records relevant to operational or
14        training missions;
15            (C) appropriately optimizing treatment,
16        rehabilitation, and mental health for injured officers
17        through "ombudsman" involvement with hospitals,
18        physicians, family, and sheriff's office officials,
19        while maintaining HIPAA and patient confidentiality
20        regulations; and
21            (D) Incorporating "lessons learned" into future
22        unit training and preparedness, assisting with
23        preventive medicine efforts, and improving care.
24    (f) A Tactical Medicine Provider may reside outside the
25limits of the municipality served by the law enforcement agency
26of his or her employment.

 

 

HB3208- 19 -LRB098 11172 OMW 41883 b

1    (g) The municipal police chief may authorize Tactical
2Medicine Providers that are assigned to a law enforcement
3agency or a SWAT team, or both, to deploy with that team to any
4location in the State of Illinois or other state to which the
5responding team is ordered. If the location is in a different
6EMS system, then the TMP (if a non-physician) shall report to
7his or her regular EMS Medical Director for the duration of the
8deployment and shall continue to abide by his or her normal EMS
9medical and tactical medicine protocols. Liability coverage
10for officers and TMPs during deployment across county or state
11lines including, but not limited to, health insurance,
12disability insurance, workmen's compensation, and other
13insurance coverage, shall not be altered by the deployment.
14    (h) If a Tactical Medicine Provider is serving as a
15volunteer and engaged in one or more of the duties described in
16subsection (e) of this Section, or an act ancillary thereto:
17        (1) he or she shall be treated as if the TMP is a
18    "public employee" under the Local Governmental and
19    Governmental Employees Tort Immunity Act; and
20        (2) the acts, or omissions to act, of the TMP shall be
21    deemed to have been for public and governmental purposes
22    and subject to immunity from liability to the same extent
23    as an employee of a governmental entity of this State for
24    whom the TMP is a volunteer.
 
25    Section 90. The State Mandates Act is amended by adding

 

 

HB3208- 20 -LRB098 11172 OMW 41883 b

1Section 8.37 as follows:
 
2    (30 ILCS 805/8.37 new)
3    Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
4of this Act, no reimbursement by the State is required for the
5implementation of any mandate created by this amendatory Act of
6the 98th General Assembly.