Full Text of HB5880 97th General Assembly
HB5880ham002 97TH GENERAL ASSEMBLY | Rep. Chapin Rose Filed: 3/26/2012
| | 09700HB5880ham002 | | LRB097 17893 CEL 67866 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5880
| 2 | | AMENDMENT NO. ______. Amend House Bill 5880, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Emergency Medical Services (EMS) Systems | 6 | | Act is amended by changing Sections 3.50, 3.60, and 3.85 as | 7 | | follows:
| 8 | | (210 ILCS 50/3.50)
| 9 | | Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
| 10 | | (a) "Emergency Medical Technician-Basic" or
"EMT-B" means | 11 | | a person who has successfully completed a course of
instruction | 12 | | in basic life support
as prescribed by the
Department, is | 13 | | currently licensed by the Department in
accordance with | 14 | | standards prescribed by this Act and rules
adopted by the | 15 | | Department pursuant to this Act, and practices within an EMS
| 16 | | System.
|
| | | 09700HB5880ham002 | - 2 - | LRB097 17893 CEL 67866 a |
|
| 1 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | 2 | | means a person who has successfully completed a
course of | 3 | | instruction in intermediate life support
as
prescribed by the | 4 | | Department, is currently licensed by the
Department in | 5 | | accordance with standards prescribed by this
Act and rules | 6 | | adopted by the Department pursuant to this
Act, and practices | 7 | | within an Intermediate or Advanced
Life Support EMS System.
| 8 | | (c) "Emergency Medical Technician-Paramedic" or "EMT-P" | 9 | | means a person who
has successfully completed a
course of | 10 | | instruction in advanced life support care
as
prescribed by the | 11 | | Department, is licensed by the Department
in accordance with | 12 | | standards prescribed by this Act and
rules adopted by the | 13 | | Department pursuant to this Act, and
practices within an | 14 | | Advanced Life Support EMS System.
| 15 | | (d) The Department shall have the authority and
| 16 | | responsibility to:
| 17 | | (1) Prescribe education and training requirements, | 18 | | which
includes training in the use of epinephrine,
for all | 19 | | levels of EMT, based on the respective national
curricula | 20 | | of the United States Department of Transportation
and any | 21 | | modifications to such curricula specified by the
| 22 | | Department through rules adopted pursuant to this Act.
| 23 | | (2) Prescribe licensure testing requirements
for all | 24 | | levels of EMT, which shall include a requirement that
all | 25 | | phases of instruction, training, and field experience be
| 26 | | completed before taking the EMT licensure examination.
|
| | | 09700HB5880ham002 | - 3 - | LRB097 17893 CEL 67866 a |
|
| 1 | | Candidates may elect to take the National Registry of
| 2 | | Emergency Medical Technicians examination in lieu of the
| 3 | | Department's examination, but are responsible for making
| 4 | | their own arrangements for taking the National Registry
| 5 | | examination.
| 6 | | (2.5) Review applications for EMT licensure from
| 7 | | honorably discharged members of the armed forces of the | 8 | | United States with military emergency medical training. | 9 | | Applications shall be filed with the Department within one | 10 | | year after military discharge and shall contain: (i) proof | 11 | | of successful completion of military emergency medical | 12 | | training; (ii) a detailed description of the emergency | 13 | | medical curriculum completed; and (iii) a detailed | 14 | | description of the applicant's clinical experience. The | 15 | | Department may request additional and clarifying | 16 | | information. The Department shall evaluate the | 17 | | application, including the applicant's training and | 18 | | experience, consistent with the standards set forth under | 19 | | subsections (a), (b), (c), and (d) of Section 3.10. If the | 20 | | application clearly demonstrates that the training and | 21 | | experience meets such standards, the Department shall | 22 | | offer the applicant the opportunity to successfully | 23 | | complete a Department-approved
EMT examination for which | 24 | | the applicant is qualified. Upon passage of an examination, | 25 | | the Department shall issue a license, which shall be | 26 | | subject to all provisions of this Act that are otherwise |
| | | 09700HB5880ham002 | - 4 - | LRB097 17893 CEL 67866 a |
|
| 1 | | applicable to the class of EMT
license issued.
| 2 | | (3) License individuals as an EMT-B, EMT-I,
or EMT-P | 3 | | who have met the Department's education, training and
| 4 | | examination requirements.
| 5 | | (4) Prescribe annual continuing education and
| 6 | | relicensure requirements for all levels of EMT.
| 7 | | (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P | 8 | | every 4 years, based on their compliance with
continuing | 9 | | education and relicensure requirements. An Illinois | 10 | | licensed Emergency Medical Technician whose license has | 11 | | been expired for less than 36 months may apply for | 12 | | reinstatement by the Department. Reinstatement shall | 13 | | require that the applicant (i) submit satisfactory proof of | 14 | | completion of continuing medical education and clinical | 15 | | requirements to be prescribed by the Department in an | 16 | | administrative rule; (ii) submit a positive recommendation | 17 | | from an Illinois EMS Medical Director attesting to the | 18 | | applicant's qualifications for retesting; and (iii) pass a | 19 | | Department approved test for the level of EMT license | 20 | | sought to be reinstated.
| 21 | | (6) Grant inactive status to any EMT who
qualifies, | 22 | | based on standards and procedures established by
the | 23 | | Department in rules adopted pursuant to this Act.
| 24 | | (7) Charge a fee for EMT examination, licensure, and | 25 | | license renewal.
| 26 | | (8) Suspend, revoke, or refuse to issue or renew the
|
| | | 09700HB5880ham002 | - 5 - | LRB097 17893 CEL 67866 a |
|
| 1 | | license of any licensee, after an opportunity for an | 2 | | impartial hearing before a neutral administrative law | 3 | | judge appointed by the Director, where the preponderance of | 4 | | the evidence shows one or more of the following:
| 5 | | (A) The licensee has not met continuing
education | 6 | | or relicensure requirements as prescribed by the | 7 | | Department;
| 8 | | (B) The licensee has failed to maintain
| 9 | | proficiency in the level of skills for which he or she | 10 | | is licensed;
| 11 | | (C) The licensee, during the provision of
medical | 12 | | services, engaged in dishonorable, unethical, or
| 13 | | unprofessional conduct of a character likely to | 14 | | deceive,
defraud, or harm the public;
| 15 | | (D) The licensee has failed to maintain or
has | 16 | | violated standards of performance and conduct as | 17 | | prescribed
by the Department in rules adopted pursuant | 18 | | to this Act or
his or her EMS System's Program Plan;
| 19 | | (E) The licensee is physically impaired to
the | 20 | | extent that he or she cannot physically perform the | 21 | | skills and
functions for which he or she is licensed, | 22 | | as verified by a
physician, unless the person is on | 23 | | inactive status pursuant
to Department regulations;
| 24 | | (F) The licensee is mentally impaired to the
extent | 25 | | that he or she cannot exercise the appropriate | 26 | | judgment,
skill and safety for performing the |
| | | 09700HB5880ham002 | - 6 - | LRB097 17893 CEL 67866 a |
|
| 1 | | functions for which he
or she is licensed, as verified | 2 | | by a physician, unless the person
is on inactive status | 3 | | pursuant to Department regulations;
| 4 | | (G) The licensee has violated this Act or any
rule | 5 | | adopted by the Department pursuant to this Act; or | 6 | | (H) The licensee has been convicted (or entered a | 7 | | plea of guilty or nolo-contendere) by a court of | 8 | | competent jurisdiction of a Class X, Class 1, or Class | 9 | | 2 felony in this State or an out-of-state equivalent | 10 | | offense. | 11 | | (9) An EMT who is a member of the Illinois National | 12 | | Guard or , an Illinois State Trooper , or who exclusively | 13 | | serves as a volunteer for units of local government with a | 14 | | population base of less than 5,000 or as a volunteer
for a | 15 | | not-for-profit organization that serves a service area
| 16 | | with a population base of less than 5,000 may submit an | 17 | | application to the Department for a waiver of these fees on | 18 | | a form prescribed by the Department. | 19 | | The education requirements prescribed by the Department | 20 | | under this subsection must allow for the suspension of those | 21 | | requirements in the case of a member of the armed services or | 22 | | reserve forces of the United States or a member of the Illinois | 23 | | National Guard who is on active duty pursuant to an executive | 24 | | order of the President of the United States, an act of the | 25 | | Congress of the United States, or an order of the Governor at | 26 | | the time that the member would otherwise be required to fulfill |
| | | 09700HB5880ham002 | - 7 - | LRB097 17893 CEL 67866 a |
|
| 1 | | a particular education requirement. Such a person must fulfill | 2 | | the education requirement within 6 months after his or her | 3 | | release from active duty.
| 4 | | (e) In the event that any rule of the
Department or an EMS | 5 | | Medical Director that requires testing for drug
use as a | 6 | | condition for EMT licensure conflicts with or
duplicates a | 7 | | provision of a collective bargaining agreement
that requires | 8 | | testing for drug use, that rule shall not
apply to any person | 9 | | covered by the collective bargaining
agreement.
| 10 | | (Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10; | 11 | | 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff. | 12 | | 8-23-11; revised 11-18-11.)
| 13 | | (210 ILCS 50/3.60)
| 14 | | Sec. 3.60. First Responder.
| 15 | | (a) "First Responder" means a person who is at least 18 | 16 | | years of age, who has
successfully completed a course of | 17 | | instruction in emergency
medical responder first response as | 18 | | prescribed by the Department, and who provides
first response | 19 | | services prior to the arrival of an
ambulance or specialized | 20 | | emergency medical services vehicle,
in accordance with the | 21 | | level of care established in the
emergency medical responder | 22 | | first response course. A First Responder who
provides such | 23 | | services as part of an EMS System response
plan which utilizes | 24 | | First Responders as the personnel
dispatched to the scene of an | 25 | | emergency to provide initial
emergency medical care shall |
| | | 09700HB5880ham002 | - 8 - | LRB097 17893 CEL 67866 a |
|
| 1 | | comply with the applicable
sections of the Program Plan of that | 2 | | EMS System.
| 3 | | Persons who have already completed a course of
instruction | 4 | | in emergency first response based on or
equivalent to the | 5 | | national curriculum of the United States
Department of | 6 | | Transportation, or as otherwise previously
recognized by the | 7 | | Department, shall be considered First
Responders on the | 8 | | effective date of this amendatory Act of 1995.
| 9 | | (a-5) "Provisional First Responder" means a person who is | 10 | | at least 16 years of age, who has successfully completed a | 11 | | course of instruction in emergency medical responder as | 12 | | prescribed by the Department, and who provides first response | 13 | | services prior to the arrival of an ambulance or specialized | 14 | | emergency medical services vehicle, in accordance with the | 15 | | level of care established in the emergency medical responder | 16 | | course. A Provisional First Responder must provide such | 17 | | services as part of an EMS System Response plan that utilizes | 18 | | Provisional First Responders with other EMS personnel | 19 | | dispatched to the scene of an emergency to provide initial | 20 | | emergency medical care and shall comply with the applicable | 21 | | sections of the program plan of that EMS System. A Provisional | 22 | | First Responder may apply to the Department for a First | 23 | | Responder license at the age of 18 upon the EMS Medical | 24 | | Director's written approval. | 25 | | (b) The Department shall have the authority and
| 26 | | responsibility to:
|
| | | 09700HB5880ham002 | - 9 - | LRB097 17893 CEL 67866 a |
|
| 1 | | (1) Prescribe education requirements for the
First | 2 | | Responder, which meet or exceed the national
curriculum of | 3 | | the United States Department of
Transportation, through | 4 | | rules adopted pursuant to this Act.
| 5 | | (2) Prescribe a standard set of equipment for
use | 6 | | during first response services. An individual First
| 7 | | Responder shall not be required to maintain his or her own | 8 | | set of
such equipment, provided he or she has access to | 9 | | such equipment
during a first response call.
| 10 | | (3) Require the First Responder to notify the
| 11 | | Department of any EMS System in which he or she | 12 | | participates as
dispatched personnel as described in | 13 | | subsection (a).
| 14 | | (4) Require the First Responder to comply with
the | 15 | | applicable sections of the Program Plans for those
Systems.
| 16 | | (5) Require the First Responder to keep the
Department | 17 | | currently informed as to who employs him or her and who | 18 | | supervises
his or her activities as a First Responder.
| 19 | | (6) Establish a mechanism for phasing in the
First | 20 | | Responder requirements over a 5-year period.
| 21 | | (7) Charge each First Responder applicant a fee for | 22 | | testing, initial licensure, and license renewal. A First | 23 | | Responder who exclusively serves as a volunteer for units | 24 | | of local government or a not-for-profit organization that | 25 | | serves a service area with a population base of less than | 26 | | 5,000 may submit an application to the Department for a |
| | | 09700HB5880ham002 | - 10 - | LRB097 17893 CEL 67866 a |
|
| 1 | | waiver of these fees on a form prescribed by the | 2 | | Department. | 3 | | (Source: P.A. 96-1469, eff. 1-1-11.)
| 4 | | (210 ILCS 50/3.85)
| 5 | | Sec. 3.85. Vehicle Service Providers.
| 6 | | (a) "Vehicle Service Provider" means an entity
licensed by | 7 | | the Department to provide emergency or
non-emergency medical | 8 | | services in compliance with this Act,
the rules promulgated by | 9 | | the Department pursuant to this
Act, and an operational plan | 10 | | approved by its EMS System(s),
utilizing at least ambulances or | 11 | | specialized emergency
medical service vehicles (SEMSV).
| 12 | | (1) "Ambulance" means any publicly or
privately owned | 13 | | on-road vehicle that is specifically designed,
constructed | 14 | | or modified and equipped, and is intended to be
used for, | 15 | | and is maintained or operated for the emergency
| 16 | | transportation of persons who are sick, injured, wounded or
| 17 | | otherwise incapacitated or helpless, or the non-emergency
| 18 | | medical transportation of persons who require the presence
| 19 | | of medical personnel to monitor the individual's condition
| 20 | | or medical apparatus being used on such individuals.
| 21 | | (2) "Specialized Emergency Medical Services
Vehicle" | 22 | | or "SEMSV" means a vehicle or conveyance, other
than those | 23 | | owned or operated by the federal government, that
is | 24 | | primarily intended for use in transporting the sick or
| 25 | | injured by means of air, water, or ground transportation,
|
| | | 09700HB5880ham002 | - 11 - | LRB097 17893 CEL 67866 a |
|
| 1 | | that is not an ambulance as defined in this Act. The term
| 2 | | includes watercraft, aircraft and special purpose ground
| 3 | | transport vehicles or conveyances not intended for use on
| 4 | | public roads.
| 5 | | (3) An ambulance or SEMSV may also be
designated as a | 6 | | Limited Operation Vehicle or Special-Use Vehicle:
| 7 | | (A) "Limited Operation Vehicle" means a
vehicle | 8 | | which is licensed by the Department to provide
basic, | 9 | | intermediate or advanced life support emergency or
| 10 | | non-emergency medical services that are exclusively | 11 | | limited
to specific events or locales.
| 12 | | (B) "Special-Use Vehicle" means any
publicly or | 13 | | privately owned vehicle that is specifically designed,
| 14 | | constructed or modified and equipped, and is intended | 15 | | to be
used for, and is maintained or operated solely | 16 | | for the
emergency or non-emergency transportation of a | 17 | | specific
medical class or category of persons who are | 18 | | sick, injured,
wounded or otherwise incapacitated or | 19 | | helpless (e.g.
high-risk obstetrical patients, | 20 | | neonatal patients).
| 21 | | (C) "Reserve Ambulance" means a vehicle that meets | 22 | | all criteria set forth in this Section and all | 23 | | Department rules, except for the required inventory of | 24 | | medical supplies and durable medical equipment, which | 25 | | may be rapidly transferred from a fully functional | 26 | | ambulance to a reserve ambulance without the use of |
| | | 09700HB5880ham002 | - 12 - | LRB097 17893 CEL 67866 a |
|
| 1 | | tools or special mechanical expertise. | 2 | | (b) The Department shall have the authority and
| 3 | | responsibility to:
| 4 | | (1) Require all Vehicle Service Providers, both
| 5 | | publicly and privately owned, to function within an EMS
| 6 | | System . ;
| 7 | | (2) Require a Vehicle Service Provider
utilizing | 8 | | ambulances to have a primary affiliation with an EMS System
| 9 | | within the EMS Region in which its Primary Service Area is
| 10 | | located, which is the geographic areas in which the | 11 | | provider
renders the majority of its emergency responses. | 12 | | This
requirement shall not apply to Vehicle Service | 13 | | Providers
which exclusively utilize Limited Operation | 14 | | Vehicles . ;
| 15 | | (3) Establish licensing standards and
requirements for | 16 | | Vehicle Service Providers, through rules
adopted pursuant | 17 | | to this Act, including but not limited to:
| 18 | | (A) Vehicle design, specification,
operation and | 19 | | maintenance standards, including standards for the use | 20 | | of reserve ambulances;
| 21 | | (B) Equipment requirements;
| 22 | | (C) Staffing requirements; and
| 23 | | (D) Annual license renewal . | 24 | | The Department's standards and requirements with | 25 | | respect to vehicle staffing must allow for an alternative | 26 | | rural staffing model for those vehicle service providers |
| | | 09700HB5880ham002 | - 13 - | LRB097 17893 CEL 67866 a |
|
| 1 | | that serve a rural or semi-rural population of 10,000 or | 2 | | fewer inhabitants and exclusively uses volunteers, | 3 | | paid-on-call, or a combination thereof. ;
| 4 | | (4) License all Vehicle Service Providers
that have met | 5 | | the Department's requirements for licensure, unless
such | 6 | | Provider is owned or licensed by the federal
government. | 7 | | All Provider licenses issued by the Department
shall | 8 | | specify the level and type of each vehicle covered by
the | 9 | | license (BLS, ILS, ALS, ambulance, SEMSV, limited
| 10 | | operation vehicle, special use vehicle, reserve | 11 | | ambulance) . ;
| 12 | | (5) Annually inspect all licensed Vehicle
Service | 13 | | Providers, and relicense such Providers that have met the
| 14 | | Department's requirements for license renewal . ;
| 15 | | (6) Suspend, revoke, refuse to issue or refuse to
renew | 16 | | the license of any Vehicle Service Provider, or that
| 17 | | portion of a license pertaining to a specific vehicle
| 18 | | operated by the Provider, after an opportunity for a
| 19 | | hearing, when findings show that the Provider or one or | 20 | | more
of its vehicles has failed to comply with the | 21 | | standards and
requirements of this Act or rules adopted by | 22 | | the Department
pursuant to this Act . ;
| 23 | | (7) Issue an Emergency Suspension Order for
any | 24 | | Provider or vehicle licensed under this Act, when the
| 25 | | Director or his designee has determined that an immediate
| 26 | | and serious danger to the public health, safety and welfare
|
| | | 09700HB5880ham002 | - 14 - | LRB097 17893 CEL 67866 a |
|
| 1 | | exists. Suspension or revocation proceedings which offer | 2 | | an
opportunity for hearing shall be promptly initiated | 3 | | after
the Emergency Suspension Order has been issued . ;
| 4 | | (8) Exempt any licensed vehicle from
subsequent | 5 | | vehicle design standards or specifications required by the
| 6 | | Department, as long as said vehicle is continuously in
| 7 | | compliance with the vehicle design standards and
| 8 | | specifications originally applicable to that vehicle, or
| 9 | | until said vehicle's title of ownership is transferred . ;
| 10 | | (9) Exempt any vehicle (except an SEMSV)
which was | 11 | | being used as an ambulance on or before December 15,
1980, | 12 | | from vehicle design standards and specifications
required | 13 | | by the Department, until said vehicle's title of
ownership | 14 | | is transferred. Such vehicles shall not be exempt
from all | 15 | | other licensing standards and requirements
prescribed by | 16 | | the Department . ;
| 17 | | (10) Prohibit any Vehicle Service Provider
from | 18 | | advertising, identifying its vehicles, or disseminating
| 19 | | information in a false or misleading manner concerning the
| 20 | | Provider's type and level of vehicles, location, primary
| 21 | | service area, response times, level of personnel, | 22 | | licensure
status or System participation . ;
| 23 | | (10.5) Prohibit any Vehicle Service Provider, whether | 24 | | municipal, private, or hospital-owned, from advertising | 25 | | itself as a critical care transport provider unless it | 26 | | participates in a Department-approved EMS System critical |
| | | 09700HB5880ham002 | - 15 - | LRB097 17893 CEL 67866 a |
|
| 1 | | care transport plan . ; and
| 2 | | (11) Charge each Vehicle Service Provider a
fee per | 3 | | transport vehicle, to be submitted with each application | 4 | | for licensure and
license renewal. The fee per transport | 5 | | vehicle shall be set by administrative rule by the | 6 | | Department and shall not exceed 100 vehicles per provider.
| 7 | | (Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11.)".
|
|