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92nd General Assembly

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Public Act 92-0376

SB1329 Enrolled                                LRB9201653LBgc

    AN ACT regarding emergency medical services.

    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, 3.55, and 3.155  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;
         (3)  License  individuals  as  an  EMT-B,  EMT-I, or
    EMT-P who have met the Department's  education,  training
    and testing 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;
         (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  each  candidate  for  EMT  a  fee to be
    submitted   with   an   application   for   a   licensure
    examination;
         (8)  Suspend, revoke, or refuse to renew the license
    of an EMT, after  an  opportunity  for  a  hearing,  when
    findings show one or more of the following:
              (A)  The  EMT  has not met continuing education
         or relicensure requirements  as  prescribed  by  the
         Department;
              (B)  The EMT has failed to maintain proficiency
         in  the  level  of  skills  for  which  he or she is
         licensed;
              (C)  The EMT, 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 EMT 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 EMT  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 EMT 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;
         or
              (G)  The EMT has violated this Act or any  rule
         adopted by the Department pursuant to this Act.
    (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. 89-177, eff. 7-19-95.)

    (210 ILCS 50/3.55)
    Sec. 3.55.  Scope of practice.
    (a)  Any person currently licensed as an EMT-B, EMT-I, or
EMT-P   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.
    (a-5)  A person currently approved as a  First  Responder
or licensed as an EMT-B, EMT-I, or EMT-P who has successfully
completed   a   Department   approved   course  in  automated
defibrillator operation  and  who  is  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  he  or she practices, as contained in the approved
Program Plan for that System.
    (a-7)  A person currently licensed as an EMT-B, EMT-I, or
EMT-P 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
EMT  medical  supplies  whenever  he or she is performing the
duties of an emergency medical technician.
    (b)  A person currently licensed as an EMT-B,  EMT-I,  or
EMT-P  may  only practice as an EMT or utilize his or her EMT
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   EMTs  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 EMT'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 EMT-B, EMT-I, or EMT-P
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-B, EMT-I, or
EMT-P from seeking credentials other  than  his  or  her  EMT
license  and  utilizing such credentials to work in emergency
departments  or  other  health  care   settings   under   the
jurisdiction of that employer.
    (c)  A  person  currently licensed as an EMT-B, EMT-I, or
EMT-P 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
emergency  medical  technician  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 a qualified EMT, only  when  authorized
by the EMS Medical Director.
(Source: P.A. 89-177, eff. 7-19-95; 90-440, eff. 1-1-98.)

    (210 ILCS 50/3.155)
    Sec. 3.155.  General Provisions.
    (a)  Authority  and  responsibility  for  the  EMS System
shall be vested in the EMS Resource Hospital, through the EMS
Medical Director or his designee.
    (b)  For an  inter-hospital  emergency  or  non-emergency
medical  transport,  in  which the physician from the sending
hospital provides the  EMS  personnel  with  written  medical
orders,  such  written medical orders cannot exceed the scope
of care which the EMS  personnel  are  authorized  to  render
pursuant to this Act.
    (c)  For  an  inter-hospital  emergency  or non-emergency
medical transport of a  patient  who  requires  medical  care
beyond  the  scope  of  care  which  the  EMS  personnel  are
authorized  to  render  pursuant  to  this  Act,  a qualified
physician,  nurse,  perfusionist,  or  respiratory  therapist
familiar with the scope of care  needed  must  accompany  the
patient  and  the  transferring  hospital and physician shall
assume medical responsibility for that portion of the medical
care.
    (d)  No emergency medical services vehicles or  personnel
from  another  State  or  nation may be utilized on a regular
basis to pick up and transport  patients  within  this  State
without  first  complying with this Act and all rules adopted
by the Department pursuant to this Act.
    (e)  This  Act  shall  not  prevent   emergency   medical
services  vehicles  or personnel from another State or nation
from rendering  requested  assistance  in  this  State  in  a
disaster  situation, or operating from a location outside the
State and occasionally transporting patients into this  State
for needed medical care.  Except as provided in Section 31 of
this  Act, this Act shall not provide immunity from liability
for such activities.
    (f)  Except  as  provided  in  subsection  (e)  of   this
Section,  no  person  or  entity shall transport emergency or
non-emergency  patients  by  ambulance,  SEMSV,  or   medical
carrier  without  first complying with the provisions of this
Act and all rules adopted pursuant to this Act.
    (g)  Nothing in this Act or  the  rules  adopted  by  the
Department under this Act shall be construed to authorize any
medical  treatment  to  or  transportation  of any person who
objects on religious grounds.
    (h)  Patients, individuals who accompany a  patient,  and
emergency  medical  services  personnel  may  not smoke while
inside an ambulance  or  SEMSV.   The  Department  of  Public
Health  may  impose  a  civil  penalty  on  an individual who
violates this subsection in the amount of $100.
(Source: P.A. 89-177, eff. 7-19-95.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 24, 2001.
    Approved August 15, 2001.

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