Illinois General Assembly - Full Text of Public Act 097-1014
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Public Act 097-1014


 

Public Act 1014 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-1014
 
HB5880 EnrolledLRB097 17893 DRJ 63116 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 3.50, 3.60, and 3.85 as
follows:
 
    (210 ILCS 50/3.50)
    Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
    (a) "Emergency Medical Technician-Basic" or "EMT-B" means
a person who has successfully completed a course of instruction
in basic life support as prescribed 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.
    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course of
instruction in intermediate life support as prescribed 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) "Emergency Medical Technician-Paramedic" or "EMT-P"
means a person who has successfully completed a course of
instruction in advanced life support care as prescribed 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.
    (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 EMT, based on the respective national curricula
    of the United States Department of Transportation and any
    modifications to such curricula specified by the
    Department through rules adopted pursuant to this Act.
        (2) Prescribe licensure testing requirements for all
    levels of EMT, which shall include a requirement that all
    phases of instruction, training, and field experience be
    completed before taking the EMT licensure examination.
    Candidates may elect to take the National Registry of
    Emergency Medical Technicians examination in lieu of the
    Department's examination, but are responsible for making
    their own arrangements for taking the National Registry
    examination.
        (2.5) Review applications for EMT 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 EMT examination 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 class of EMT license issued.
        (3) License individuals as an EMT-B, EMT-I, or EMT-P
    who have met the Department's education, training and
    examination requirements.
        (4) Prescribe annual continuing education and
    relicensure requirements for all levels of EMT.
        (5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
    every 4 years, based on their compliance with continuing
    education and relicensure requirements. An Illinois
    licensed Emergency Medical Technician 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 EMT license
    sought to be reinstated.
        (6) Grant inactive status to any EMT who qualifies,
    based on standards and procedures established by the
    Department in rules adopted pursuant to this Act.
        (7) Charge a fee for EMT 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) An EMT 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 these fees on
    a form prescribed by the Department.
    The education requirements prescribed by the Department
under this subsection 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 for EMT licensure 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. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;
96-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff.
8-23-11; revised 11-18-11.)
 
    (210 ILCS 50/3.60)
    Sec. 3.60. First Responder.
    (a) "First Responder" means a person who is at least 18
years of age, who has successfully completed a course of
instruction in emergency medical responder first response as
prescribed by the Department, and who provides first response
services prior to the arrival of an ambulance or specialized
emergency medical services vehicle, in accordance with the
level of care established in the emergency medical responder
first response course. A First Responder who provides such
services as part of an EMS System response plan which utilizes
First Responders as the personnel dispatched to the scene of an
emergency to provide initial emergency medical care shall
comply with the applicable sections of the Program Plan of that
EMS System.
    Persons who have already completed a course of instruction
in emergency first response based on or equivalent to the
national curriculum of the United States Department of
Transportation, or as otherwise previously recognized by the
Department, shall be considered First Responders on the
effective date of this amendatory Act of 1995.
    (a-5) "Provisional First Responder" means a person who is
at least 16 years of age, who has successfully completed a
course of instruction in emergency medical responder as
prescribed by the Department, and who provides first response
services prior to the arrival of an ambulance or specialized
emergency medical services vehicle, in accordance with the
level of care established in the emergency medical responder
course. A Provisional First Responder must provide such
services as part of an EMS System Response plan that utilizes
Provisional First Responders with other EMS personnel
dispatched to the scene of an emergency to provide initial
emergency medical care and shall comply with the applicable
sections of the program plan of that EMS System. A Provisional
First Responder may apply to the Department for a First
Responder license at the age of 18 upon the EMS Medical
Director's written approval.
    (b) The Department shall have the authority and
responsibility to:
        (1) Prescribe education requirements for the First
    Responder, which meet or exceed the national curriculum of
    the United States Department of Transportation, through
    rules adopted pursuant to this Act.
        (2) Prescribe a standard set of equipment for use
    during first response services. An individual First
    Responder shall not be required to maintain his or her own
    set of such equipment, provided he or she has access to
    such equipment during a first response call.
        (3) Require the First Responder to notify the
    Department of any EMS System in which he or she
    participates as dispatched personnel as described in
    subsection (a).
        (4) Require the First Responder to comply with the
    applicable sections of the Program Plans for those Systems.
        (5) Require the First Responder to keep the Department
    currently informed as to who employs him or her and who
    supervises his or her activities as a First Responder.
        (6) Establish a mechanism for phasing in the First
    Responder requirements over a 5-year period.
        (7) Charge each First Responder applicant a fee for
    testing, initial licensure, and license renewal. A First
    Responder who exclusively serves as a volunteer for units
    of local government or 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 these fees on a form prescribed by the
    Department.
(Source: P.A. 96-1469, eff. 1-1-11.)
 
    (210 ILCS 50/3.85)
    Sec. 3.85. Vehicle Service Providers.
    (a) "Vehicle Service Provider" means an entity licensed by
the Department to provide emergency or non-emergency medical
services in compliance with this Act, the rules promulgated by
the Department pursuant to this Act, and an operational plan
approved by its EMS System(s), utilizing at least ambulances or
specialized emergency medical service vehicles (SEMSV).
        (1) "Ambulance" means any publicly or privately owned
    on-road vehicle that is specifically designed, constructed
    or modified and equipped, and is intended to be used for,
    and is maintained or operated for the emergency
    transportation of persons who are sick, injured, wounded or
    otherwise incapacitated or helpless, or the non-emergency
    medical transportation of persons who require the presence
    of medical personnel to monitor the individual's condition
    or medical apparatus being used on such individuals.
        (2) "Specialized Emergency Medical Services Vehicle"
    or "SEMSV" means a vehicle or conveyance, other than those
    owned or operated by the federal government, that is
    primarily intended for use in transporting the sick or
    injured by means of air, water, or ground transportation,
    that is not an ambulance as defined in this Act. The term
    includes watercraft, aircraft and special purpose ground
    transport vehicles or conveyances not intended for use on
    public roads.
        (3) An ambulance or SEMSV may also be designated as a
    Limited Operation Vehicle or Special-Use Vehicle:
            (A) "Limited Operation Vehicle" means a vehicle
        which is licensed by the Department to provide basic,
        intermediate or advanced life support emergency or
        non-emergency medical services that are exclusively
        limited to specific events or locales.
            (B) "Special-Use Vehicle" means any publicly or
        privately owned vehicle that is specifically designed,
        constructed or modified and equipped, and is intended
        to be used for, and is maintained or operated solely
        for the emergency or non-emergency transportation of a
        specific medical class or category of persons who are
        sick, injured, wounded or otherwise incapacitated or
        helpless (e.g. high-risk obstetrical patients,
        neonatal patients).
            (C) "Reserve Ambulance" means a vehicle that meets
        all criteria set forth in this Section and all
        Department rules, except for the required inventory of
        medical supplies and durable medical equipment, which
        may be rapidly transferred from a fully functional
        ambulance to a reserve ambulance without the use of
        tools or special mechanical expertise.
    (b) The Department shall have the authority and
responsibility to:
        (1) Require all Vehicle Service Providers, both
    publicly and privately owned, to function within an EMS
    System. ;
        (2) Require a Vehicle Service Provider utilizing
    ambulances to have a primary affiliation with an EMS System
    within the EMS Region in which its Primary Service Area is
    located, which is the geographic areas in which the
    provider renders the majority of its emergency responses.
    This requirement shall not apply to Vehicle Service
    Providers which exclusively utilize Limited Operation
    Vehicles. ;
        (3) Establish licensing standards and requirements for
    Vehicle Service Providers, through rules adopted pursuant
    to this Act, including but not limited to:
            (A) Vehicle design, specification, operation and
        maintenance standards, including standards for the use
        of reserve ambulances;
            (B) Equipment requirements;
            (C) Staffing requirements; and
            (D) Annual license renewal.
        The Department's standards and requirements with
    respect to vehicle staffing must allow for an alternative
    rural staffing model for those vehicle service providers
    that serve a rural or semi-rural population of 10,000 or
    fewer inhabitants and exclusively uses volunteers,
    paid-on-call, or a combination thereof. ;
        (4) License all Vehicle Service Providers that have met
    the Department's requirements for licensure, unless such
    Provider is owned or licensed by the federal government.
    All Provider licenses issued by the Department shall
    specify the level and type of each vehicle covered by the
    license (BLS, ILS, ALS, ambulance, SEMSV, limited
    operation vehicle, special use vehicle, reserve
    ambulance). ;
        (5) Annually inspect all licensed Vehicle Service
    Providers, and relicense such Providers that have met the
    Department's requirements for license renewal. ;
        (6) Suspend, revoke, refuse to issue or refuse to renew
    the license of any Vehicle Service Provider, or that
    portion of a license pertaining to a specific vehicle
    operated by the Provider, after an opportunity for a
    hearing, when findings show that the Provider or one or
    more of its vehicles has failed to comply with the
    standards and requirements of this Act or rules adopted by
    the Department pursuant to this Act. ;
        (7) Issue an Emergency Suspension Order for any
    Provider or vehicle licensed under this Act, when the
    Director or his designee has determined that an immediate
    and serious danger to the public health, safety and welfare
    exists. Suspension or revocation proceedings which offer
    an opportunity for hearing shall be promptly initiated
    after the Emergency Suspension Order has been issued. ;
        (8) Exempt any licensed vehicle from subsequent
    vehicle design standards or specifications required by the
    Department, as long as said vehicle is continuously in
    compliance with the vehicle design standards and
    specifications originally applicable to that vehicle, or
    until said vehicle's title of ownership is transferred. ;
        (9) Exempt any vehicle (except an SEMSV) which was
    being used as an ambulance on or before December 15, 1980,
    from vehicle design standards and specifications required
    by the Department, until said vehicle's title of ownership
    is transferred. Such vehicles shall not be exempt from all
    other licensing standards and requirements prescribed by
    the Department. ;
        (10) Prohibit any Vehicle Service Provider from
    advertising, identifying its vehicles, or disseminating
    information in a false or misleading manner concerning the
    Provider's type and level of vehicles, location, primary
    service area, response times, level of personnel,
    licensure status or System participation. ;
        (10.5) Prohibit any Vehicle Service Provider, whether
    municipal, private, or hospital-owned, from advertising
    itself as a critical care transport provider unless it
    participates in a Department-approved EMS System critical
    care transport plan. ; and
        (11) Charge each Vehicle Service Provider a fee per
    transport vehicle, to be submitted with each application
    for licensure and license renewal. The fee per transport
    vehicle shall be set by administrative rule by the
    Department and shall not exceed 100 vehicles per provider.
(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11.)

Effective Date: 1/1/2013