Public Act 100-1082
 
SB3255 EnrolledLRB100 20052 MJP 35334 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Emergency Medical Services (EMS) Systems Act 
is amended  by changing Sections 3.5, 3.35, 3.40, 3.45, 3.50, 
3.55, 3.65, 3.80, 3.87, and 3.165 as follows:
 


    (210 ILCS 50/3.5)




    Sec. 3.5. Definitions. As used in this Act:

    "Clinical observation" means the on-going observation of a 
patient's condition by a licensed health care professional 
utilizing a medical skill set while continuing assessment and 
care.
    "Department" means the Illinois Department of Public 
Health.

    "Director" means the Director of the Illinois Department of 
Public Health.

    "Emergency" means a medical condition of recent onset and 
severity that
would lead a prudent layperson, possessing an 
average knowledge of medicine and
health, to believe that 
urgent or unscheduled medical care is required.

    "Emergency Medical Services personnel" or "EMS personnel" 
means persons licensed as an Emergency Medical Responder (EMR) 
(First Responder), Emergency Medical Dispatcher (EMD), 
Emergency Medical Technician (EMT), Emergency Medical 
Technician-Intermediate (EMT-I), Advanced Emergency Medical 
Technician (A-EMT), Paramedic (EMT-P), Emergency 
Communications Registered Nurse (ECRN), or Pre-Hospital 
Registered Nurse (PHRN), Pre-Hospital Advanced Practice 
Registered Nurse (PHAPRN), or Pre-Hospital Physician Assistant 
(PHPA).
    "Health care facility" means a hospital,
nursing home, 
physician's office or other fixed location at which
medical and 
health care services are performed. It does not
include 
"pre-hospital emergency care settings" which utilize EMS 
personnel to render
pre-hospital emergency care prior to the

arrival of a transport vehicle, as defined in this Act.

    "Hospital" has the meaning ascribed to that
term in the 
Hospital Licensing Act.

    "Medical monitoring" means the performance of medical 
tests and physical exams to evaluate an individual's on-going 
exposure to a factor that could negatively impact that person's 
health. "Medical monitoring" includes close surveillance or 
supervision of patients liable to suffer deterioration in 
physical or mental health and checks of various parameters such 
as pulse rate, temperature, respiration rate, the condition of 
the pupils, the level of consciousness and awareness, the 
degree of appreciation of pain, and blood gas concentrations 
such as oxygen and carbon dioxide.
    "Trauma" means any significant injury which
involves 
single or multiple organ systems.

(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)

 



    (210 ILCS 50/3.35)



    Sec. 3.35. Emergency Medical Services (EMS) Resource

Hospital; Functions.
The Resource Hospital of an EMS System 
shall:

        (a) Prepare a Program Plan in accordance with the

    provisions of this Act and minimum standards and criteria

    established in rules adopted by the Department pursuant to

    this Act, and submit such Program Plan to the Department 
    for
approval.

        (b) Appoint an EMS Medical Director, who will

    continually monitor and supervise the System and who will

    have the responsibility and authority for total management

    of the System as delegated by the EMS Resource Hospital.

        The Program Plan shall require the EMS Medical Director 
    to
appoint an alternate EMS Medical Director and establish 
    a
written protocol addressing the functions to be carried 
    out
in his or her absence.

        (c) Appoint an EMS System Coordinator and EMS

    Administrative Director in consultation with the EMS 
    Medical
Director and in accordance with rules adopted by 
    the Department
pursuant to this Act.

        (d) Identify potential EMS System participants and

    obtain commitments from them for the provision of services.

        (e) Educate or coordinate the education of EMS 
    personnel and all other license holders in accordance with 
    the requirements of this Act,
rules adopted by the 
    Department pursuant to this Act, and
the EMS System Program 
    Plan.

        (f) Notify the Department of EMS personnel
who have 
    successfully completed the requirements as provided by law 
    for initial licensure, license renewal, and license 
    reinstatement
 by the Department.

        (g) Educate or coordinate the education of Emergency

    Medical Dispatcher candidates, in accordance with the

    requirements of this Act, rules adopted by the Department

    pursuant to this Act, and the EMS System Program Plan.

        (h) Establish or approve protocols for prearrival

    medical instructions to callers by System Emergency 
    Medical
Dispatchers who provide such instructions.

        (i) Educate or coordinate the education of

    Pre-Hospital Registered Nurse, Pre-Hospital Advanced 
    Practice Registered Nurse, Pre-Hospital Physician 
    Assistant, and ECRN candidates, in accordance with the 
    requirements of
this Act, rules adopted by the Department

    pursuant to this Act, and the EMS System Program Plan.

        (j) Approve Pre-Hospital Registered Nurse, 
    Pre-Hospital Advanced Practice Registered Nurse, 
    Pre-Hospital Physician Assistant, and ECRN candidates to

    practice within the System, and reapprove Pre-Hospital 
    Registered Nurses, Pre-Hospital Advanced Practice 
    Registered Nurses, Pre-Hospital Physician Assistants,
and 
    ECRNs every 4 years in accordance with the
requirements of 
    the Department and the System Program Plan.

        (k) Establish protocols for the use of Pre-Hospital 
    Registered Nurses, Pre-Hospital Advanced Practice 
    Registered Nurses, and Pre-Hospital Physician Assistants
 
    within the System.

        (l) Establish protocols for utilizing ECRNs and

    physicians licensed to practice medicine in all of its

    branches to monitor telecommunications from, and give 
    voice
orders to, EMS personnel, under the authority of the 
    EMS
Medical Director.

        (m) Monitor emergency and non-emergency medical

    transports within the System, in accordance with rules

    adopted by the Department pursuant to this Act.

        (n) Utilize levels of personnel required by the

    Department to provide emergency care to the sick and 
    injured
at the scene of an emergency, during transport to a 
    hospital
or during inter-hospital transport and within the 
    hospital
emergency department until the responsibility for 
    the care
of the patient is assumed by the medical personnel 
    of a
hospital emergency department or other facility within 
    the
hospital to which the patient is first delivered by 
    System
personnel.

        (o) Utilize levels of personnel required by the

    Department to provide non-emergency medical services 
    during
transport to a health care facility and within the 
    health
care facility until the responsibility for the care 
    of the
patient is assumed by the medical personnel of the 
    health
care facility to which the patient is delivered by 
    System
personnel.

        (p) Establish and implement a program for System

    participant information and education, in accordance with

    rules adopted by the Department pursuant to this Act.

        (q) Establish and implement a program for public

    information and education, in accordance with rules 
    adopted
by the Department pursuant to this Act.

        (r) Operate in compliance with the EMS Region Plan.

(Source: P.A. 98-973, eff. 8-15-14.)

 



    (210 ILCS 50/3.40)



    Sec. 3.40. EMS System Participation Suspensions and
Due 
Process.
    (a) An EMS Medical Director may suspend from
participation 
within the System any EMS personnel, EMS Lead Instructor (LI), 
individual, individual
provider or other participant 
considered not to be meeting
the requirements of the Program 
Plan of that approved EMS
System.

    (b) Prior to suspending any individual or entity, an EMS 
Medical Director
shall provide an opportunity for a hearing 
before the
local System review board in accordance with 
subsection (f) and the rules
promulgated by the Department.

        (1) If the local System review board affirms or 
    modifies the EMS Medical
Director's suspension order, the 
    individual or entity shall have the opportunity for
a 
    review of the local board's decision by the State EMS 
    Disciplinary Review
Board, pursuant to Section 3.45 of this 
    Act.

        (2) If the local System review board reverses or 
    modifies the EMS Medical
Director's order, the EMS Medical 
    Director shall have the
opportunity for a review of the 
    local board's decision by the State EMS
Disciplinary Review 
    Board, pursuant to Section 3.45 of this Act.

        (3) The suspension shall commence only upon the 
    occurrence of one of the
following:

            (A) the individual or entity has waived the 
        opportunity for a hearing before
the local System 
        review board; or

            (B) the order has been affirmed or modified by the 
        local system review
board
and the individual or entity 
        has waived the opportunity for review by the State

        Board; or

            (C) the order has been affirmed or modified by the 
        local system review
board,
and the local board's 
        decision has been affirmed or modified by the State

        Board.

    (c) An EMS Medical Director may immediately suspend an EMR, 
EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, 
PHAPRN, or other individual or entity if he or she finds that 
the
continuation in practice by the individual or entity would 
constitute an
imminent danger to the public.  The suspended 
individual or entity shall be
issued an immediate verbal 
notification followed by a written suspension order
 by the EMS 
Medical Director which states the
length, terms and basis for 
the suspension.

        (1) Within 24 hours following the commencement of the 
    suspension, the EMS
Medical Director shall deliver to the 
    Department, by messenger, telefax, or other 
    Department-approved electronic communication, a
copy of 
    the suspension order and copies of any written materials 
    which relate
to the EMS Medical Director's decision to 
    suspend the individual or entity. All medical and 
    patient-specific information, including Department 
    findings with respect to the quality of care rendered, 
    shall be strictly confidential pursuant to the Medical 
    Studies Act (Part 21 of Article VIII of the Code of Civil 
    Procedure). 

        (2) Within 24 hours following the commencement of the 
    suspension, the
suspended individual or entity may deliver 
    to the Department, by messenger,
telefax, or other 
    Department-approved electronic communication, a written 
    response to the suspension order and copies of any written

    materials which the individual or entity feels are 
    appropriate. All medical and patient-specific information, 
    including Department findings with respect to the quality 
    of care rendered, shall be strictly confidential pursuant 
    to the Medical Studies Act. 

        (3) Within 24 hours following receipt of the EMS 
    Medical Director's
suspension order or the individual or 
    entity's written response, whichever is later,
the 
    Director or the Director's designee shall determine 
    whether the suspension
should be stayed pending an 
    opportunity for a hearing or
review in accordance with this 
    Act, or whether the suspension should continue
during the 
    course of that hearing or review.  The Director or the 
    Director's
designee shall issue this determination to the 
    EMS Medical Director, who shall
immediately notify the 
    suspended individual or entity.  The suspension shall 
    remain
in effect during this period of review by the 
    Director or the Director's
designee.

    (d) Upon issuance of a suspension order for reasons 
directly related to
medical care, the EMS Medical Director 
shall also provide the individual or entity
with the 
opportunity for a hearing before the local System review board, 
in
accordance with subsection (f) and the rules promulgated by 
the Department.

        (1) If the local System review board affirms or 
    modifies the EMS Medical
Director's suspension order, the 
    individual or entity shall have the opportunity for
a 
    review of the local board's decision by the State EMS 
    Disciplinary Review
Board, pursuant to Section 3.45 of this 
    Act.

        (2) If the local System review board reverses or 
    modifies the EMS Medical
Director's suspension order, the 
    EMS Medical Director shall have the
opportunity for a 
    review of the local board's decision by the State EMS

    Disciplinary Review Board, pursuant to Section 3.45 of this 
    Act.

        (3) The suspended individual or entity may elect to 
    bypass the local System review board
and seek direct review 
    of the EMS Medical Director's suspension order by the
State 
    EMS Disciplinary Review Board.

    (e) The Resource Hospital shall designate a local System 
review board in
accordance with the rules of the Department, 
for the purpose of providing a
hearing to any individual or 
entity participating within the
System who is suspended from 
participation by the EMS Medical Director.  The
EMS Medical 
Director shall arrange for a certified shorthand reporter to 
make a
stenographic record of that hearing and thereafter 
prepare a transcript of the
proceedings.  The transcript, all 
documents or materials received as evidence
during the hearing 
and the local System review board's written decision shall
be 
retained in the custody of the EMS system.  The System shall 
implement a
decision of the local System review board unless 
that decision has been
appealed to the State Emergency Medical 
Services Disciplinary Review Board in
accordance with this Act 
and the rules of the Department.

    (f) The Resource Hospital shall implement a decision of the 
State Emergency
Medical Services Disciplinary Review Board 
which has been rendered in
accordance with this Act and the 
rules of the Department.

(Source: P.A. 100-201, eff. 8-18-17.)

 



    (210 ILCS 50/3.45)



    Sec. 3.45. State Emergency Medical Services Disciplinary

Review Board.
    (a) The Governor shall appoint a State Emergency
Medical 
Services Disciplinary Review Board, composed of an
EMS Medical 
Director, an EMS System Coordinator, a Paramedic, an Emergency

Medical Technician (EMT), and the following members,
who shall 
only review cases in which a party is from the
same 
professional category:  a Pre-Hospital Registered Nurse, a 
Pre-Hospital Advanced Practice Registered Nurse, a 
Pre-Hospital Physician Assistant, an ECRN, a
Trauma Nurse 
Specialist, an Emergency Medical
Technician-Intermediate 
(EMT-I), an Advanced Emergency Medical Technician (A-EMT), a 
representative from a
private vehicle service provider, a 
representative from a
public vehicle service provider, and an 
emergency physician
who monitors telecommunications from and 
gives voice orders
to EMS personnel.  The Governor shall also 
appoint one
alternate for each member of the Board, from the 
same
professional category as the member of the Board.

    (b) The members
shall be appointed for a term of 3 years.  
All appointees
shall serve until their successors are 
appointed.  The
alternate members shall be appointed and serve 
in the same
fashion as the members of the Board.  If a member 
resigns
his or her appointment, the corresponding alternate 
shall serve the
remainder of that member's term until a 
subsequent member is
appointed by the Governor.

    (c) The function of the Board is to review and affirm,

reverse or modify disciplinary orders.

    (d) Any individual or entity, who received an immediate 
suspension from an EMS
Medical Director may request the Board 
to reverse or modify
the suspension order.  If the suspension 
had been affirmed
or modified by a local System review board, 
the suspended individual or entity
 may request the Board to 
reverse or modify the
local board's decision.

    (e) Any individual or entity who received a non-immediate 
suspension order
from an EMS Medical Director which was 
affirmed or modified
by a local System review board may request 
the Board to
reverse or modify the local board's decision.

    (f) An EMS Medical Director whose suspension order
was 
reversed or modified by a local System review board may
request 
the Board to reverse or modify the local board's
decision.

    (g) The Board shall meet on the first
Tuesday of every 
month, unless no requests for review have
been submitted.  
Additional meetings of the Board shall be
scheduled to ensure 
that a request for direct
review of an immediate suspension 
order is scheduled within
14 days after the Department receives 
the request for review
or as soon thereafter as a quorum is 
available.  The Board
shall meet in Springfield or Chicago, 
whichever location is
closer to the majority of the members or 
alternates
attending the meeting.  The Department shall 
reimburse the
members and alternates of the Board for 
reasonable travel
expenses incurred in attending meetings of 
the Board.

    (h) A request for review shall be submitted in
writing to 
the Chief of the Department's Division of Emergency
Medical 
Services and Highway Safety, within 10 days after
receiving the 
local board's decision or the EMS Medical
Director's suspension 
order, whichever is applicable, a copy
of which shall be 
enclosed.

    (i) At its regularly scheduled meetings, the Board
shall 
review requests which have been received by the
Department at 
least 10 working days prior to the Board's
meeting date.  
Requests for review which are received less
than 10 working 
days prior to a scheduled meeting shall be
considered at the 
Board's next scheduled meeting, except
that requests for direct 
review of an immediate suspension
order may be scheduled up to 
3 working days prior to the
Board's meeting date.

    (j) A quorum shall be required for the Board to
meet, which 
shall consist of 3 members or alternates, including
the EMS 
Medical Director or alternate and the member or
alternate from 
the same professional category as the subject
of the suspension 
order.  At each meeting of the Board, the
members or alternates 
present shall select a Chairperson to
conduct the meeting.

    (k) Deliberations for decisions of the State EMS

Disciplinary Review
Board shall be conducted in closed session.  
Department
staff may attend for the purpose of providing 
clerical
assistance, but no other persons may be in attendance 
except
for the parties to the dispute being reviewed by the 
Board
and their attorneys, unless by request of the Board.

    (l) The Board shall review the transcript,
evidence and 
written decision of the local review board or the
written 
decision and supporting documentation of the EMS
Medical 
Director, whichever is applicable, along with any
additional 
written or verbal testimony or argument offered
by the parties 
to the dispute.

    (m) At the conclusion of its review, the Board
shall issue 
its decision and the basis for its decision on a form
provided 
by the Department, and shall submit to the
Department its 
written decision together with the record of
the local System 
review board.  The Department shall
promptly issue a copy of the 
Board's decision to all
affected parties.  The Board's decision 
shall be binding on
all parties.

(Source: P.A. 98-973, eff. 8-15-14.)

 



    (210 ILCS 50/3.50)



    Sec. 3.50. Emergency Medical Services personnel licensure 
levels. 

    (a) "Emergency Medical Technician" or
"EMT" means a person 
who has successfully completed a course in basic life support

as approved by the
Department, is currently licensed by the 
Department in
accordance with standards prescribed by this Act 
and rules
adopted by the Department pursuant to this Act, and 
practices within an EMS
System. A valid Emergency Medical 
Technician-Basic (EMT-B) license issued under this Act shall 
continue to be valid and shall be recognized as an Emergency 
Medical Technician (EMT) license until the Emergency Medical 
Technician-Basic (EMT-B) license expires. 

    (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" 
means a person who has successfully completed a
course in 
intermediate life support
as approved
 by the Department, is 
currently licensed by the
Department in accordance with 
standards prescribed by this
Act and rules adopted by the 
Department pursuant to this
Act, and practices within an 
Intermediate or Advanced
Life Support EMS System. 

    (b-5)   "Advanced Emergency Medical Technician" or "A-EMT" 
means a person who has successfully completed a course in basic 
and limited advanced emergency medical care as approved by the 
Department,  is currently licensed by the Department in 
accordance with standards prescribed by this Act and rules 
adopted by the Department pursuant to this Act, and practices 
within an Intermediate or Advanced Life Support EMS System. 
    (c) "Paramedic (EMT-P)" means a person who
has successfully 
completed a
course in advanced life support care
as approved
 by 
the Department, is licensed by the Department
in accordance 
with standards prescribed by this Act and
rules adopted by the 
Department pursuant to this Act, and
practices within an 
Advanced Life Support EMS System. A valid Emergency Medical 
Technician-Paramedic (EMT-P) license issued under this Act 
shall continue to be valid and shall be recognized as a 
Paramedic license until the Emergency Medical 
Technician-Paramedic (EMT-P) license expires. 

    (c-5) "Emergency Medical Responder" or "EMR (First 
Responder)" means a person who has successfully completed a 
course in emergency medical response as approved by the 
Department and provides emergency medical response services 
prior to the arrival of an ambulance or specialized emergency 
medical services vehicle, in accordance with the level of care 
established by the National EMS Educational Standards 
Emergency Medical Responder course as modified by the 
Department. An Emergency Medical Responder who provides 
services as part of an EMS System response plan shall comply 
with the applicable sections of the Program Plan, as approved 
by the Department, of that EMS System. The Department shall 
have the authority to adopt rules governing the curriculum, 
practice, and necessary equipment applicable to Emergency 
Medical Responders.
    On the effective date of this amendatory Act of the 98th 
General Assembly, a person who is licensed by the Department as 
a First Responder and has completed a Department-approved 
course in first responder defibrillator training based on, or 
equivalent to, the National EMS Educational Standards or other 
standards previously recognized by the Department shall be 
eligible for licensure as an Emergency Medical Responder upon 
meeting the licensure requirements and submitting an 
application to the Department. A valid First Responder license 
issued under this Act shall continue to be valid and shall be 
recognized as an Emergency Medical Responder license until the 
First Responder license expires.
    (c-10) All EMS Systems and licensees shall be fully 
compliant with the National EMS Education Standards, as 
modified by the Department in administrative rules, within 24 
months after the adoption of the administrative rules. 
    (d) The Department shall have the authority and

responsibility to:

        (1) Prescribe education and training requirements, 
    which
includes training in the use of epinephrine,
for all 
    levels of EMS personnel except for EMRs, based on the 
    National EMS Educational Standards
and any modifications 
    to those curricula specified by the
Department through 
    rules adopted pursuant to this Act.

        (2) Prescribe licensure testing requirements
for all 
    levels of EMS personnel, which shall include a requirement 
    that
all phases of instruction, training, and field 
    experience be
completed before taking the appropriate 
    licensure examination.
Candidates may elect to take the 
    appropriate National Registry examination in lieu of the

    Department's examination, but are responsible for making

    their own arrangements for taking the National Registry

    examination. In prescribing licensure testing requirements 
    for honorably discharged members of the armed forces of the 
    United States under this paragraph (2), the Department 
    shall ensure that a candidate's military emergency medical 
    training, emergency medical curriculum completed, and 
    clinical experience, as described in paragraph (2.5), are 
    recognized. 

        (2.5) Review applications for EMS personnel licensure 
    from
honorably discharged members of the armed forces of 
    the United States with military emergency medical 
    training. Applications shall be filed with the Department 
    within one year after military discharge and shall contain: 
    (i) proof of successful completion of military emergency 
    medical training; (ii) a detailed description of the 
    emergency medical curriculum completed; and (iii) a 
    detailed description of the applicant's clinical 
    experience. The Department may request additional and 
    clarifying information. The Department shall evaluate the 
    application, including the applicant's training and 
    experience, consistent with the standards set forth under 
    subsections (a), (b), (c), and (d) of Section 3.10. If the 
    application clearly demonstrates that the training and 
    experience meets such standards, the Department shall 
    offer the applicant the opportunity to successfully 
    complete a Department-approved EMS personnel examination 
    for the level of license for which the applicant is 
    qualified. Upon passage of an examination, the Department 
    shall issue a license, which shall be subject to all 
    provisions of this Act that are otherwise applicable to the 
    level of EMS personnel
license issued. 
        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,

    or Paramedic who have met the Department's education, 
    training and
examination requirements.

        (4) Prescribe annual continuing education and

    relicensure requirements for all EMS personnel licensure


    levels. 

        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, 
    A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, 
    based on their compliance with
continuing education and 
    relicensure requirements as required by the Department 
    pursuant to this Act. Every 4 years, a Paramedic shall have 
    100 hours of approved continuing education, an EMT-I and an 
    advanced EMT shall have 80 hours of approved continuing 
    education, and an EMT shall have 60 hours of approved 
    continuing education. An Illinois licensed EMR, EMD, EMT, 
    EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose 
    license has been expired for less than 36 months may apply 
    for reinstatement by the Department. Reinstatement shall 
    require that the applicant (i) submit satisfactory proof of 
    completion of continuing medical education and clinical 
    requirements to be prescribed by the Department in an 
    administrative rule; (ii) submit a positive recommendation 
    from an Illinois EMS Medical Director attesting to the 
    applicant's qualifications for retesting; and (iii) pass a 
    Department approved test for the level of EMS personnel 
    license sought to be reinstated.

        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, 
    A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who

    qualifies, based on standards and procedures established 
    by
the Department in rules adopted pursuant to this Act.

        (7) Charge a fee for EMS personnel examination, 
    licensure, and license renewal.

        (8) Suspend, revoke, or refuse to issue or renew the

    license of any licensee, after an opportunity for an 
    impartial hearing before a neutral administrative law 
    judge appointed by the Director, where the preponderance of 
    the evidence shows one or more of the following:

            (A) The licensee has not met continuing
education 
        or relicensure requirements as prescribed by the 
        Department;

            (B) The licensee has failed to maintain

        proficiency in the level of skills for which he or she 
        is licensed;

            (C) The licensee, during the provision of
medical 
        services, engaged in dishonorable, unethical, or

        unprofessional conduct of a character likely to 
        deceive,
defraud, or harm the public;

            (D) The licensee has failed to maintain or
has 
        violated standards of performance and conduct as 
        prescribed
by the Department in rules adopted pursuant 
        to this Act or
his or her EMS System's Program Plan;

            (E) The licensee is physically impaired to
the 
        extent that he or she cannot physically perform the 
        skills and
functions for which he or she is licensed, 
        as verified by a
physician, unless the person is on 
        inactive status pursuant
to Department regulations;

            (F) The licensee is mentally impaired to the
extent 
        that he or she cannot exercise the appropriate 
        judgment,
skill and safety for performing the 
        functions for which he
or she is licensed, as verified 
        by a physician, unless the person
is on inactive status 
        pursuant to Department regulations;

            (G) The licensee has violated this Act or any
rule 
        adopted by the Department pursuant to this Act; or
            (H)  The licensee has been convicted (or entered a 
        plea of guilty or nolo-contendere) by a court of 
        competent jurisdiction of a Class X, Class 1, or Class 
        2 felony in this State or an out-of-state equivalent 
        offense. 
        (9) Prescribe education and training requirements in 
    the administration and use of opioid antagonists for all 
    levels of EMS personnel based on the National EMS 
    Educational Standards and any modifications to those 
    curricula specified by the Department through rules 
    adopted pursuant to this Act. 
    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, 
PHAPRN, PHPA, or PHRN who is a member of the Illinois National 
Guard or an Illinois State Trooper or who exclusively serves as 
a volunteer for units of local government with a population 
base of less than 5,000 or as a volunteer
for a not-for-profit 
organization that serves a service area
with a population base 
of less than 5,000 may submit an application to the Department 
for a waiver of the fees described under paragraph (7) of 
subsection (d) of this Section on a form prescribed by the 
Department. 
    The education requirements prescribed by the Department 
under this Section must allow for the suspension of those 
requirements in the case of a member of the armed services or 
reserve forces of the United States or a member of the Illinois 
National Guard  who is on active duty pursuant to an executive 
order of the President of the United States, an act of the 
Congress of the United States, or an order of the Governor at 
the time that the member would otherwise be required to fulfill 
a particular education requirement. Such a person must fulfill 
the education requirement within 6 months after his or her 
release from active duty.


    (e) In the event that any rule of the
Department or an EMS 
Medical Director that requires testing for drug
use as a 
condition of the applicable EMS personnel license conflicts 
with or
duplicates a provision of a collective bargaining 
agreement
that requires testing for drug use, that rule shall 
not
apply to any person covered by the collective bargaining

agreement.

(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, 
eff. 8-15-14; 99-480, eff. 9-9-15.)

 


    (210 ILCS 50/3.55)



    Sec. 3.55. Scope of practice. 

    (a) Any person currently licensed as an EMR, EMT, EMT-I,

A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency 
and non-emergency medical
services as defined in this Act, in 
accordance with his or her level of
education, training and 
licensure, the standards of
performance and conduct prescribed 
by the Department in
rules adopted pursuant to this Act, and 
the requirements of
the EMS System in which he or she 
practices, as contained in the
approved Program Plan for that 
System. The Director may, by written order, temporarily modify 
individual scopes of practice in response to public health 
emergencies for periods not exceeding 180 days. 

    (a-5) EMS personnel who have successfully completed a 
Department approved
course in automated defibrillator 
operation and who are functioning within a
Department approved 
EMS System may utilize such automated defibrillator
according 
to the standards of performance and conduct prescribed by the

Department
in rules adopted pursuant to this Act and the 
requirements of the EMS System in
which they practice, as 
contained in the approved Program Plan for that
System.

    (a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or 
Paramedic
who has successfully completed a Department approved 
course in the
administration of epinephrine shall be required 
to carry epinephrine
with him or her as part of the EMS 
personnel medical supplies whenever
he or she is performing 
official duties as determined by the EMS System. The 
epinephrine may be administered  from a glass vial, 
auto-injector, ampule, or pre-filled syringe. 

    (b) An EMR, EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or 
Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or 
Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN, 
PHAPRN, PHPA, or Paramedic license
in pre-hospital or 
inter-hospital emergency care settings or
non-emergency 
medical transport situations, under the
written or verbal 
direction of the EMS Medical Director.
For purposes of this 
Section, a "pre-hospital emergency care
setting" may include a 
location, that is not a health care
facility, which utilizes 
EMS personnel to render pre-hospital
emergency care prior to 
the arrival of a transport vehicle.
The location shall include 
communication equipment and all
of the portable equipment and 
drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or 
Paramedic's
 level of care, as required by this Act, rules 
adopted
by the Department pursuant to this Act, and the 
protocols of
the EMS Systems, and shall operate only with the 
approval
and under the direction of the EMS Medical Director.

    This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT, 
PHRN, PHAPRN, PHPA, or Paramedic
 from practicing within an 
emergency department or
other health care setting for the 
purpose of receiving
continuing education or training approved 
by the EMS Medical
Director.  This Section shall also not 
prohibit an EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic 
from seeking credentials other than his or her EMT, EMT-I, 
A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
license and utilizing 
such credentials to work in emergency
departments or other 
health care settings under the
jurisdiction of that employer.

    (c) An EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic 
may honor Do Not Resuscitate (DNR) orders and powers
of 
attorney for health care only in accordance with rules
adopted 
by the Department pursuant to this Act and protocols
of the EMS 
System in which he or she practices.

    (d) A student enrolled in a Department approved EMS 
personnel
 program, while fulfilling the
clinical training and 
in-field supervised experience
requirements mandated for 
licensure or approval by the
System and the Department, may 
perform prescribed procedures
under the direct supervision of a 
physician licensed to
practice medicine in all of its branches, 
a qualified
registered professional nurse, or qualified EMS 
personnel, only when
authorized by the EMS Medical Director.

    (e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or 
Paramedic may transport a police dog injured in the line of 
duty to a veterinary clinic or similar  facility if  there are no 
persons requiring medical attention or transport at that time. 
For the purposes of this subsection, "police dog" means a dog 
owned or used by a law enforcement department or agency in the 
course of the department or agency's work, including a search 
and rescue dog, service dog, accelerant detection canine, or 
other dog that is in use by a county, municipal, or State law 
enforcement agency. 
(Source: P.A. 99-862, eff. 1-1-17; 100-108, eff. 1-1-18.)

 



    (210 ILCS 50/3.65)



    Sec. 3.65. EMS Lead Instructor. 

    (a) "EMS Lead Instructor" means a person who has

successfully completed a course of education as approved
by the 
Department, and who is currently approved by the
Department to 
coordinate or teach education, training
and continuing 
education courses, in accordance with
standards prescribed by 
this Act and rules adopted by the
Department pursuant to this 
Act.

    (b) The Department shall have the authority and

responsibility to:

        (1) Prescribe education requirements for EMS
Lead 
    Instructor candidates through rules adopted pursuant to 
    this
Act.

        (2) Prescribe testing requirements for EMS
Lead 
    Instructor candidates through rules adopted pursuant to 
    this
Act.

        (3) Charge each candidate for EMS Lead
Instructor a fee 
    to be submitted with an application for an
examination, an 
    application for licensure, and an application for 
    relicensure.

        (4) Approve individuals as EMS Lead
Instructors who 
    have met the Department's education and testing

    requirements.

        (5) Require that all education, training and

    continuing education courses for EMT, EMT-I, A-EMT, 
    Paramedic, PHRN, PHPA, PHAPRN, ECRN, EMR, and Emergency 
    Medical
Dispatcher be coordinated by at least one approved 
    EMS Lead
Instructor.  A program which includes education, 
    training or
continuing education for more than one type of 
    personnel may
use one EMS Lead Instructor to coordinate the 
    program, and a
single EMS Lead Instructor may 
    simultaneously coordinate
more than one program or course.

        (6) Provide standards and procedures for
awarding EMS 
    Lead Instructor approval to persons previously approved
by 
    the Department to coordinate such courses, based on

    qualifications prescribed by the Department through rules

    adopted pursuant to this Act.

        (7) Suspend, revoke, or refuse to issue or renew the 
    approval of an EMS
Lead  Instructor, after an opportunity 
    for a hearing, when
findings show one or more of the 
    following:

            (A) The EMS Lead Instructor has failed
to conduct a 
        course in accordance with the curriculum
prescribed by 
        this Act and rules adopted by the Department
pursuant 
        to this Act; or

            (B) The EMS Lead Instructor has failed
to comply 
        with protocols prescribed by the Department through

        rules adopted pursuant to this Act.

(Source: P.A. 98-973, eff. 8-15-14.)

 



    (210 ILCS 50/3.80)


    Sec. 3.80. Pre-Hospital Registered Nurse, Pre-Hospital 
Advanced Practice Registered Nurse, Pre-Hospital Physician 
Assistant, and Emergency Communications Registered Nurse. 

    (a) "Emergency Communications Registered Nurse" or
"ECRN" 
means a registered professional nurse licensed under
the Nurse 
Practice Act who
has
successfully completed supplemental 
education in accordance
with rules adopted by the Department, 
and who is approved by
an EMS Medical Director to monitor 
telecommunications from
and give voice orders to EMS System 
personnel, under the
authority of the EMS Medical Director and 
in accordance with
System protocols. For out-of-state 
facilities that have Illinois recognition under the EMS, trauma 
or pediatric programs, the professional shall have an 
unencumbered registered nurse license in the state in which he 
or she practices.  In this Section, the term "license" is used 
to reflect a change in terminology from "certification" to 
"license" only. 


    (b) "Pre-Hospital Registered Nurse", "PHRN", or 
"Pre-Hospital RN" means a registered professional nurse 
licensed under
the Nurse Practice Act who has
successfully 
completed supplemental education in accordance
with rules 
adopted by the Department pursuant to this Act,
and who is 
approved by an EMS Medical Director to practice
within an 
Illinois EMS System as emergency medical services personnel
for 
pre-hospital and inter-hospital emergency care and

non-emergency medical transports. For out-of-state facilities 
that have Illinois recognition under the EMS, trauma or 
pediatric programs, the professional shall have an 
unencumbered registered nurse license in the state in which he 
or she practices. In this Section, the term "license" is used 
to reflect a change in terminology from "certification" to 
"license" only.


    (b-5) "Pre-Hospital Advanced Practice Registered Nurse", 
"PHAPRN", or "Pre-Hospital APRN" means an advanced practice 
registered nurse licensed under the Nurse Practice Act who has 
successfully completed supplemental education in accordance 
with rules adopted by the Department pursuant to this Act, and 
who has the approval of  an EMS Medical Director to practice 
within an Illinois EMS System as emergency medical services 
personnel for pre-hospital and inter-hospital emergency care 
and non-emergency medical transports. For out-of-state 
facilities that have Illinois recognition under the EMS, trauma 
or pediatric programs, the professional shall have an 
unencumbered advanced practice registered nurse license in the 
state in which he or she practices.
    (b-10) "Pre-Hospital Physician Assistant", "PHPA", or 
"Pre-Hospital PA" means a physician assistant licensed under 
the Physician Assistant Practice Act of 1987 who has 
successfully completed supplemental education in accordance 
with rules adopted by the Department pursuant to this Act, and 
who has the approval of  an EMS Medical Director to practice 
within an Illinois EMS System as emergency medical services 
personnel for pre-hospital and inter-hospital emergency care 
and non-emergency medical transports. For out-of-state 
facilities that have Illinois recognition under the EMS, trauma 
or pediatric programs, the professional shall have an 
unencumbered physician assistant license in the state in which 
he or she practices. 
    (c) The Department shall have the authority and

responsibility to:

        (1) Prescribe or pre-approve education and continuing 
    education
requirements for Pre-Hospital Registered Nurse, 
    Pre-Hospital Advanced Practice Registered Nurse, 
    Pre-Hospital Physician Assistant, and ECRN candidates 
    through
rules adopted pursuant to this Act:

            (A) Education for a Pre-Hospital Registered Nurse, 
        a Pre-Hospital Advanced Practice Registered Nurse, or 
        a Pre-Hospital Physician Assistant shall
include 
        extrication, telecommunications, EMS System standing 
        medical orders, the procedures and protocols 
        established by the EMS Medical Director, and 
        pre-hospital
cardiac, medical, and trauma care;

            (B) Education for ECRN shall include

        telecommunications, System standing medical orders and 
        the
procedures and protocols established by the EMS 
        Medical
Director;

            (C) A Pre-Hospital Registered Nurse, Pre-Hospital 
        Advanced Practice Registered Nurse, or Pre-Hospital 
        Physician Assistant candidate who is
fulfilling 
        clinical training and in-field supervised
experience 
        requirements may perform prescribed procedures
under 
        the direct supervision of a physician licensed to

        practice medicine in all of its branches, a qualified

        registered professional nurse or a qualified EMT, only 
        when
authorized by the EMS Medical Director;

            (D) An EMS Medical Director may impose in-field 
        supervised field
experience requirements on System

        ECRNs as part of their training or continuing 
        education, in
which they perform prescribed procedures 
        under the direct
supervision of a physician licensed to 
        practice medicine in
all of its branches, a qualified 
        registered professional
nurse, or qualified EMS 
        personnel, only when authorized by the EMS
Medical 
        Director;

        (2) Require EMS Medical Directors to
reapprove 
    Pre-Hospital Registered Nurses, Pre-Hospital Advanced 
    Practice Registered Nurses, Pre-Hospital Physician 
    Assistants, and ECRNs every 4 years, based on
compliance 
    with continuing education requirements prescribed
by the 
    Department through rules adopted pursuant to this
Act;

        (3) Allow EMS Medical Directors to grant
inactive EMS 
    System status to any Pre-Hospital Registered Nurse, 
    Pre-Hospital Advanced Practice Registered Nurse, 
    Pre-Hospital Physician Assistant, or ECRN who qualifies, 
    based
on standards and procedures established by the 
    Department in
rules adopted pursuant to this Act;

        (4) Require a Pre-Hospital Registered Nurse, a 
    Pre-Hospital Advanced Practice Registered Nurse, or a 
    Pre-Hospital Physician Assistant to honor Do Not

    Resuscitate (DNR) orders and powers of attorney for health

    care only in accordance with rules adopted by the 
    Department
pursuant to this Act and protocols of the EMS 
    System in
which he or she practices;

        (5) Charge each Pre-Hospital Registered Nurse, 
    Pre-Hospital Advanced Practice Registered Nurse, 
    Pre-Hospital Physician Assistant, applicant and ECRN 
    applicant a fee for licensure and relicensure. 
    (d) The Department shall have the authority to suspend, 
revoke, or refuse to issue or renew a Department-issued PHRN, 
PHAPRN, PHPA, or ECRN license when, after notice and the 
opportunity for a hearing, the Department demonstrates that the 
licensee has violated this Act, violated the rules adopted by 
the Department, or failed to comply with the applicable 
standards of care. 
(Source: P.A. 98-973, eff. 8-15-14.)

 
    (210 ILCS 50/3.87)
    Sec. 3.87. Ambulance service provider and vehicle service 
provider upgrades; rural population.
    (a) In this Section, "rural ambulance service provider" 
means an ambulance service provider licensed under this Act 
that serves a rural population of 7,500 or fewer inhabitants. 
    In this Section, "rural vehicle service provider" means an 
entity that serves a rural population of 7,500 or fewer 
inhabitants and is licensed by the Department to provide 
emergency or non-emergency medical services in compliance with 
this Act, the rules adopted by the Department pursuant to this 
Act, and an operational plan approved by the entity's EMS 
System, utilizing at least an ambulance, alternate response 
vehicle as defined by the Department in rules, or specialized 
emergency medical services vehicle. 
    (b) A rural ambulance service provider or rural vehicle 
service provider may submit a proposal to the EMS System 
Medical Director requesting approval of either or both of the 
following:
        (1) Rural ambulance service provider or rural vehicle 
    service provider in-field service level upgrade.
            (A) An ambulance operated by a rural ambulance 
        service provider or a specialized emergency medical 
        services vehicle or alternate response vehicle 
        operated by a rural vehicle service provider may be 
        upgraded, as defined by the EMS System Medical Director 
        in a policy or procedure, as long as the EMS System 
        Medical Director and the Department have approved the 
        proposal, to the highest level of EMT license (advanced 
        life support/paramedic, intermediate life support, or 
        basic life support) or Pre-Hospital APRN, Pre-Hospital 
        PA, or Pre-Hospital RN license certification held by 
        any person staffing that ambulance, specialized 
        emergency medical services vehicle, or alternate 
        response vehicle. The ambulance service provider's or 
        rural vehicle service provider's proposal for an 
        upgrade must include all of the following:
                (i) The manner in which the provider will 
            secure and store advanced life support equipment, 
            supplies, and medications.
                (ii) The type of quality assurance the 
            provider will perform.
                (iii) An assurance that the provider will 
            advertise only the level of care that can be 
            provided 24 hours a day.
                (iv) A statement that the provider will have 
            that vehicle inspected by the Department annually. 
            (B) If a rural ambulance service provider or rural 
        vehicle service provider is approved to provide an 
        in-field service level upgrade based on the licensed 
        personnel on the vehicle, all the advanced life support 
        medical supplies, durable medical equipment, and 
        medications must be environmentally controlled, 
        secured, and locked with access by only the personnel 
        who have been authorized by the EMS System Medical 
        Director to utilize those supplies.
            (C) The EMS System shall routinely perform quality 
        assurance, in compliance with the EMS System's quality 
        assurance plan approved by the Department, on in-field 
        service level upgrades authorized under this Section 
        to ensure compliance with the EMS System plan.
        (2) Rural ambulance service provider or rural vehicle 
    service provider in-field service level upgrade. The EMS 
    System Medical Director may define what constitutes an 
    in-field service level upgrade through an EMS System policy 
    or procedure.
An in-field service level upgrade may 
    include, but need not be limited to, an upgrade to a 
    licensed ambulance, alternate response vehicle, or 
    specialized emergency medical services vehicle.
    (c) If the EMS System Medical Director approves a proposal 
for a rural in-field service level upgrade under this Section, 
he or she shall submit the proposal to the Department along 
with a statement of approval signed by him or her.  Once the 
Department has approved the proposal, the rural ambulance 
service provider or rural vehicle service provider will be 
authorized to function at the highest level of EMT license 
(advanced life support/paramedic, intermediate life support, 
or basic life support) or Pre-Hospital RN, Pre-Hospital APRN, 
or Pre-Hospital PA license certification held by any person 
staffing the vehicle.

(Source: P.A. 98-608, eff. 12-27-13; 98-880, eff. 1-1-15; 
98-881, eff. 8-13-14; 99-78, eff. 7-20-15.)
 



    (210 ILCS 50/3.165)



    Sec. 3.165. Misrepresentation. 

    (a) No person shall hold himself or herself out to be or 
engage
in the practice of an EMS Medical Director, EMS

Administrative Director, EMS System Coordinator, EMR, EMD, 
EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, PHAPRN, PHPA, TNS, or 
LI without being licensed,
certified, approved or otherwise 
authorized pursuant to this
Act.

    (b) A hospital or other entity which employs or
utilizes an 
EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic in a manner which is 
outside the scope of
his or her license shall not use the words 
"emergency medical responder", "EMR", "emergency medical 
technician", "EMT", "emergency medical 
technician-intermediate", "EMT-I", "advanced emergency medical 
technician", "A-EMT", or "Paramedic" in that person's job

description or title, or in any other manner hold that
person 
out to be so licensed.

    (c) No provider or participant within an EMS
System shall 
hold itself out as providing a type or level of
service that 
has not been approved by that System's EMS
Medical Director.

(Source: P.A. 98-973, eff. 8-15-14.)

 

    Section 99. Effective date. This Act takes effect one year 
after becoming law.