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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 State Finance Act is amended by adding
5Section 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Medical Assisted Transport Licensure Fund.
 
8    Section 10. The Emergency Medical Services (EMS) Systems
9Act is amended by changing Sections 3.10 and 3.220 and by
10adding Section 3.88 as follows:
 
11    (210 ILCS 50/3.10)
12    Sec. 3.10. Scope of Services.
13    (a) "Advanced Life Support (ALS) Services" means an
14advanced level of pre-hospital and inter-hospital emergency
15care and non-emergency medical services that includes basic
16life support care, cardiac monitoring, cardiac defibrillation,
17electrocardiography, intravenous therapy, administration of
18medications, drugs and solutions, use of adjunctive medical
19devices, trauma care, and other authorized techniques and
20procedures, as outlined in the Advanced Life Support national
21curriculum of the United States Department of Transportation

 

 

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1and any modifications to that curriculum specified in rules
2adopted by the Department pursuant to this Act.
3    That care shall be initiated as authorized by the EMS
4Medical Director in a Department approved advanced life support
5EMS System, under the written or verbal direction of a
6physician licensed to practice medicine in all of its branches
7or under the verbal direction of an Emergency Communications
8Registered Nurse.
9    (b) "Intermediate Life Support (ILS) Services" means an
10intermediate level of pre-hospital and inter-hospital
11emergency care and non-emergency medical services that
12includes basic life support care plus intravenous cannulation
13and fluid therapy, invasive airway management, trauma care, and
14other authorized techniques and procedures, as outlined in the
15Intermediate Life Support national curriculum of the United
16States Department of Transportation and any modifications to
17that curriculum specified in rules adopted by the Department
18pursuant to this Act.
19    That care shall be initiated as authorized by the EMS
20Medical Director in a Department approved intermediate or
21advanced life support EMS System, under the written or verbal
22direction of a physician licensed to practice medicine in all
23of its branches or under the verbal direction of an Emergency
24Communications Registered Nurse.
25    (c) "Basic Life Support (BLS) Services" means a basic level
26of pre-hospital and inter-hospital emergency care and

 

 

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1non-emergency medical services that includes airway
2management, clinical observation, cardiopulmonary
3resuscitation (CPR), control of shock and bleeding and
4splinting of fractures, as outlined in the Basic Life Support
5national curriculum of the United States Department of
6Transportation and any modifications to that curriculum
7specified in rules adopted by the Department pursuant to this
8Act.
9    That care shall be initiated, where authorized by the EMS
10Medical Director in a Department approved EMS System, under the
11written or verbal direction of a physician licensed to practice
12medicine in all of its branches or under the verbal direction
13of an Emergency Communications Registered Nurse.
14    (d) "First Response Services" means a preliminary level of
15pre-hospital emergency care that includes cardiopulmonary
16resuscitation (CPR), monitoring vital signs and control of
17bleeding, as outlined in the First Responder curriculum of the
18United States Department of Transportation and any
19modifications to that curriculum specified in rules adopted by
20the Department pursuant to this Act.
21    (e) "Pre-hospital care" means those emergency medical
22services rendered to emergency patients for analytic,
23resuscitative, stabilizing, or preventive purposes, precedent
24to and during transportation of such patients to hospitals.
25    (f) "Inter-hospital care" means those emergency medical
26services rendered to emergency patients for analytic,

 

 

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1resuscitative, stabilizing, or preventive purposes, during
2transportation of such patients from one hospital to another
3hospital.
4    (f-5) "Critical care transport" means the pre-hospital or
5inter-hospital transportation of a critically injured or ill
6patient by a vehicle service provider, including the provision
7of medically necessary supplies and services, at a level of
8service beyond the scope of the EMT-paramedic. When medically
9indicated for a patient, as determined by a physician licensed
10to practice medicine in all of its branches, an advanced
11practice nurse, or a physician's assistant, in compliance with
12subsections (b) and (c) of Section 3.155 of this Act, critical
13care transport may be provided by:
14        (1) Department-approved critical care transport
15    providers, not owned or operated by a hospital, utilizing
16    EMT-paramedics with additional training, nurses, or other
17    qualified health professionals; or
18        (2) Hospitals, when utilizing any vehicle service
19    provider or any hospital-owned or operated vehicle service
20    provider. Nothing in this amendatory Act of the 96th
21    General Assembly requires a hospital to use, or to be, a
22    Department-approved critical care transport provider when
23    transporting patients, including those critically injured
24    or ill. Nothing in this Act shall restrict or prohibit a
25    hospital from providing, or arranging for, the medically
26    appropriate transport of any patient, as determined by a

 

 

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1    physician licensed to practice in all of its branches, an
2    advanced practice nurse, or a physician's assistant.
3    (g) "Non-emergency medical services" means medical care or
4monitoring rendered to patients whose conditions do not meet
5this Act's definition of emergency, before or during
6transportation of such patients to or from health care
7facilities visited for the purpose of obtaining medical or
8health care services which are not emergency in nature, using a
9vehicle regulated by this Act.
10    (g-1) "Clinical observation" means the ongoing observation
11of a patient's condition by a licensed physician, nurse, or
12emergency medical technician using a medical skill set while
13the licensed physician, nurse, or emergency medical technician
14continues assessment and care of the patient.
15    (g-5) The Department shall have the authority to promulgate
16minimum standards for critical care transport providers
17through rules adopted pursuant to this Act. All critical care
18transport providers must function within a Department-approved
19EMS System. Nothing in Department rules shall restrict a
20hospital's ability to furnish personnel, equipment, and
21medical supplies to any vehicle service provider, including a
22critical care transport provider. Minimum critical care
23transport provider standards shall include, but are not limited
24to:
25        (1) Personnel staffing and licensure.
26        (2) Education, certification, and experience.

 

 

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1        (3) Medical equipment and supplies.
2        (4) Vehicular standards.
3        (5) Treatment and transport protocols.
4        (6) Quality assurance and data collection.
5    (h) The provisions of this Act shall not apply to the use
6of an ambulance or SEMSV, unless and until emergency or
7non-emergency medical services are needed during the use of the
8ambulance or SEMSV.
9(Source: P.A. 96-1469, eff. 1-1-11.)
 
10    (210 ILCS 50/3.88 new)
11    Sec. 3.88. Medical assisted transport providers.
12    (a) In this Section, "medical assisted transport provider"
13means an entity licensed by the Department to provide
14non-emergency bedside-to-bedside transportation of passengers
15in compliance with this Act or the rules adopted by the
16Department pursuant to this Act, using a medical assisted
17transport vehicle.
18    In this Section, "medical assisted transport vehicle"
19means any publicly or privately owned on-road vehicle that is
20equipped for, intended to be used for, and operated for
21non-emergency bedside-to-bedside transportation.
22    (b) The Department has the authority and the responsibility
23to do the following:
24        (1) Require that all medical assisted transport
25    providers, both publicly and privately owned, be licensed

 

 

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1    by the Department.
2        (2) Establish licensing, safety, and training
3    standards and requirements for medical assisted transport
4    providers through rules adopted pursuant to this Act,
5    including, but not limited to, the following:
6            (A) Vehicle design, specification, operation, and
7        maintenance standards.
8            (B) Safety equipment requirements and standards.
9            (C) Medical supply and equipment requirements and
10        standards, including, but not limited to, the
11        requirement to have the following medical supply and
12        equipment items on each medical assisted transport
13        vehicle:
14                (i) a first aid kit; and
15                (ii) an automated external defibrillator
16            (AED), as described in Section 10 of the Automated
17            External Defibrillator Act.
18            (D) Training requirements, including, but not
19        limited to, the requirement that all staff members
20        providing medical assisted transport services under
21        this Section receive the following training:
22                (i) safety training as specified in subsection
23            (e) of Section 5-4.2 of the Illinois Public Aid
24            Code;
25                (ii) defensive driving training equivalent to
26            the National Safety Council's Coaching the Van

 

 

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1            Driver 3 course;
2                (iii) basic first aid training equivalent to
3            the American Red Cross's First Aid course; and
4                (iv) cardiopulmonary resuscitation (CPR)
5            training, including training in the proper use of
6            an automated external defibrillator (AED),
7            equivalent to the American Red Cross's CPR/AED for
8            Professional Rescuers and Health Care Providers
9            course.
10            (E) Annual license renewal.
11        (3) License all medical assisted transport providers
12    that have met the Department's requirements for licensure.
13        (4) Annually inspect all licensed medical assisted
14    transport providers and relicense providers that have met
15    the Department's requirements for license renewal.
16        (5) Suspend, revoke, refuse to issue, or refuse to
17    renew the license of any medical assisted transport
18    provider, or that portion of a license pertaining to a
19    specific vehicle operated by a provider, after an
20    opportunity for a hearing when findings show that the
21    provider or one or more of its vehicles has failed to
22    comply with the rules adopted by the Department pursuant to
23    this Act.
24        (6) Issue an emergency suspension order for any medical
25    assisted transport provider or vehicle licensed under this
26    Act when the Director or his or her designee has determined

 

 

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1    that an immediate or serious danger to the public health,
2    safety, and welfare exists. Suspension or revocation
3    proceedings that offer an opportunity for a hearing shall
4    be promptly initiated after the emergency suspension order
5    has been issued.
6        (7) Prohibit any medical assisted transport provider
7    from advertising, identifying its vehicles, or
8    disseminating information in a false or misleading manner
9    concerning the provider's type and level of vehicles,
10    location, response times, level of personnel, licensure
11    status, or EMS System participation.
12        (8) Charge each medical assisted transport provider a
13    fee that shall not exceed $25 per vehicle nor $500 per
14    provider. The fee shall be submitted with each application
15    for licensure and license renewal.
16    (c) A medical assisted transport provider may provide
17transport of a passenger who is ambulatory or is in a
18wheelchair, provided that all of the following requirements are
19met:
20        (1) The passenger needs no medical monitoring or
21    clinical observation.
22        (2) The passenger is transported as follows: (A) if the
23    passenger resides in a facility licensed under the Nursing
24    Home Care Act, he or she is transported from the inside of
25    his or her room to a room at a physician's office or to a
26    ward, unit, or room of a hospital licensed under the

 

 

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1    Hospital Licensing Act or operated under the University of
2    Illinois Hospital Act or (B) from a room at a physician's
3    office or ward, unit, or room of a hospital licensed under
4    the Hospital Licensing Act or operated under the University
5    of Illinois Hospital Act to the inside of his or her
6    residence or, if the passenger resides in a facility
7    licensed under the Nursing Home Care Act, to the inside of
8    his or her room.
9    (d) A medical assisted transport provider may not transport
10a passenger who meets any of the following conditions:
11        (1) He or she is acutely ill, wounded, or medically
12    unstable as determined by a licensed physician.
13        (2) He or she is experiencing an emergency medical
14    condition, an acute medical condition, or a sudden illness
15    or injury.
16        (3) He or she was administered a medication that might
17    prevent the passenger from caring for himself or herself.
18        (4) He or she requires active medical monitoring,
19    clinical observation, isolation precautions, supplemental
20    oxygen that is not self-administered, continuous airway
21    management, suctioning during transport, or the
22    administration of intravenous fluids during transport.
23    (e) The Medical Assisted Transport Licensure Fund is
24created as a special fund in the State treasury. All fees
25received by the Department in connection with the licensure of
26medical assisted transport providers under this Section shall

 

 

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1be deposited into the Fund. Moneys in the Fund shall be used by
2the Department, subject to appropriation, to implement this
3Section.
 
4    (210 ILCS 50/3.220)
5    Sec. 3.220. EMS Assistance Fund.
6    (a) There is hereby created an "EMS Assistance Fund" within
7the State treasury, for the purpose of receiving fines and fees
8collected by the Illinois Department of Health pursuant to this
9Act.
10    (b) (Blank).
11    (b-5) All licensing, testing, and certification fees
12authorized by this Act, excluding ambulance licensure fees,
13within this fund shall be used by the Department for
14administration, oversight, and enforcement of activities
15authorized under this Act.
16    (c) All other moneys within this fund shall be distributed
17by the Department to the EMS Regions for disbursement in
18accordance with protocols established in the EMS Region Plans,
19for the purposes of organization, development and improvement
20of Emergency Medical Services Systems, including but not
21limited to training of personnel and acquisition, modification
22and maintenance of necessary supplies, equipment and vehicles.
23    (d) All fees and fines collected pursuant to this Act shall
24be deposited into the EMS Assistance Fund, except that all fees
25collected under Section 3.86 in connection with the licensure

 

 

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1of stretcher van providers shall be deposited into the
2Stretcher Van Licensure Fund and all fees collected under
3Section 3.88 in connection with the licensure of medical
4assisted transport providers shall be deposited into the
5Medical Assisted Transport Licensure Fund.
6(Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.