SB3255 EnrolledLRB100 20052 MJP 35334 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems Act
5is amended by changing Sections 3.5, 3.35, 3.40, 3.45, 3.50,
63.55, 3.65, 3.80, 3.87, and 3.165 as follows:
 
7    (210 ILCS 50/3.5)
8    Sec. 3.5. Definitions. As used in this Act:
9    "Clinical observation" means the on-going observation of a
10patient's condition by a licensed health care professional
11utilizing a medical skill set while continuing assessment and
12care.
13    "Department" means the Illinois Department of Public
14Health.
15    "Director" means the Director of the Illinois Department of
16Public Health.
17    "Emergency" means a medical condition of recent onset and
18severity that would lead a prudent layperson, possessing an
19average knowledge of medicine and health, to believe that
20urgent or unscheduled medical care is required.
21    "Emergency Medical Services personnel" or "EMS personnel"
22means persons licensed as an Emergency Medical Responder (EMR)
23(First Responder), Emergency Medical Dispatcher (EMD),

 

 

SB3255 Enrolled- 2 -LRB100 20052 MJP 35334 b

1Emergency Medical Technician (EMT), Emergency Medical
2Technician-Intermediate (EMT-I), Advanced Emergency Medical
3Technician (A-EMT), Paramedic (EMT-P), Emergency
4Communications Registered Nurse (ECRN), or Pre-Hospital
5Registered Nurse (PHRN), Pre-Hospital Advanced Practice
6Registered Nurse (PHAPRN), or Pre-Hospital Physician Assistant
7(PHPA).
8    "Health care facility" means a hospital, nursing home,
9physician's office or other fixed location at which medical and
10health care services are performed. It does not include
11"pre-hospital emergency care settings" which utilize EMS
12personnel to render pre-hospital emergency care prior to the
13arrival of a transport vehicle, as defined in this Act.
14    "Hospital" has the meaning ascribed to that term in the
15Hospital Licensing Act.
16    "Medical monitoring" means the performance of medical
17tests and physical exams to evaluate an individual's on-going
18exposure to a factor that could negatively impact that person's
19health. "Medical monitoring" includes close surveillance or
20supervision of patients liable to suffer deterioration in
21physical or mental health and checks of various parameters such
22as pulse rate, temperature, respiration rate, the condition of
23the pupils, the level of consciousness and awareness, the
24degree of appreciation of pain, and blood gas concentrations
25such as oxygen and carbon dioxide.
26    "Trauma" means any significant injury which involves

 

 

SB3255 Enrolled- 3 -LRB100 20052 MJP 35334 b

1single or multiple organ systems.
2(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)
 
3    (210 ILCS 50/3.35)
4    Sec. 3.35. Emergency Medical Services (EMS) Resource
5Hospital; Functions. The Resource Hospital of an EMS System
6shall:
7        (a) Prepare a Program Plan in accordance with the
8    provisions of this Act and minimum standards and criteria
9    established in rules adopted by the Department pursuant to
10    this Act, and submit such Program Plan to the Department
11    for approval.
12        (b) Appoint an EMS Medical Director, who will
13    continually monitor and supervise the System and who will
14    have the responsibility and authority for total management
15    of the System as delegated by the EMS Resource Hospital.
16        The Program Plan shall require the EMS Medical Director
17    to appoint an alternate EMS Medical Director and establish
18    a written protocol addressing the functions to be carried
19    out in his or her absence.
20        (c) Appoint an EMS System Coordinator and EMS
21    Administrative Director in consultation with the EMS
22    Medical Director and in accordance with rules adopted by
23    the Department pursuant to this Act.
24        (d) Identify potential EMS System participants and
25    obtain commitments from them for the provision of services.

 

 

SB3255 Enrolled- 4 -LRB100 20052 MJP 35334 b

1        (e) Educate or coordinate the education of EMS
2    personnel and all other license holders in accordance with
3    the requirements of this Act, rules adopted by the
4    Department pursuant to this Act, and the EMS System Program
5    Plan.
6        (f) Notify the Department of EMS personnel who have
7    successfully completed the requirements as provided by law
8    for initial licensure, license renewal, and license
9    reinstatement by the Department.
10        (g) Educate or coordinate the education of Emergency
11    Medical Dispatcher candidates, in accordance with the
12    requirements of this Act, rules adopted by the Department
13    pursuant to this Act, and the EMS System Program Plan.
14        (h) Establish or approve protocols for prearrival
15    medical instructions to callers by System Emergency
16    Medical Dispatchers who provide such instructions.
17        (i) Educate or coordinate the education of
18    Pre-Hospital Registered Nurse, Pre-Hospital Advanced
19    Practice Registered Nurse, Pre-Hospital Physician
20    Assistant, and ECRN candidates, in accordance with the
21    requirements of this Act, rules adopted by the Department
22    pursuant to this Act, and the EMS System Program Plan.
23        (j) Approve Pre-Hospital Registered Nurse,
24    Pre-Hospital Advanced Practice Registered Nurse,
25    Pre-Hospital Physician Assistant, and ECRN candidates to
26    practice within the System, and reapprove Pre-Hospital

 

 

SB3255 Enrolled- 5 -LRB100 20052 MJP 35334 b

1    Registered Nurses, Pre-Hospital Advanced Practice
2    Registered Nurses, Pre-Hospital Physician Assistants, and
3    ECRNs every 4 years in accordance with the requirements of
4    the Department and the System Program Plan.
5        (k) Establish protocols for the use of Pre-Hospital
6    Registered Nurses, Pre-Hospital Advanced Practice
7    Registered Nurses, and Pre-Hospital Physician Assistants
8    within the System.
9        (l) Establish protocols for utilizing ECRNs and
10    physicians licensed to practice medicine in all of its
11    branches to monitor telecommunications from, and give
12    voice orders to, EMS personnel, under the authority of the
13    EMS Medical Director.
14        (m) Monitor emergency and non-emergency medical
15    transports within the System, in accordance with rules
16    adopted by the Department pursuant to this Act.
17        (n) Utilize levels of personnel required by the
18    Department to provide emergency care to the sick and
19    injured at the scene of an emergency, during transport to a
20    hospital or during inter-hospital transport and within the
21    hospital emergency department until the responsibility for
22    the care of the patient is assumed by the medical personnel
23    of a hospital emergency department or other facility within
24    the hospital to which the patient is first delivered by
25    System personnel.
26        (o) Utilize levels of personnel required by the

 

 

SB3255 Enrolled- 6 -LRB100 20052 MJP 35334 b

1    Department to provide non-emergency medical services
2    during transport to a health care facility and within the
3    health care facility until the responsibility for the care
4    of the patient is assumed by the medical personnel of the
5    health care facility to which the patient is delivered by
6    System personnel.
7        (p) Establish and implement a program for System
8    participant information and education, in accordance with
9    rules adopted by the Department pursuant to this Act.
10        (q) Establish and implement a program for public
11    information and education, in accordance with rules
12    adopted by the Department pursuant to this Act.
13        (r) Operate in compliance with the EMS Region Plan.
14(Source: P.A. 98-973, eff. 8-15-14.)
 
15    (210 ILCS 50/3.40)
16    Sec. 3.40. EMS System Participation Suspensions and Due
17Process.
18    (a) An EMS Medical Director may suspend from participation
19within the System any EMS personnel, EMS Lead Instructor (LI),
20individual, individual provider or other participant
21considered not to be meeting the requirements of the Program
22Plan of that approved EMS System.
23    (b) Prior to suspending any individual or entity, an EMS
24Medical Director shall provide an opportunity for a hearing
25before the local System review board in accordance with

 

 

SB3255 Enrolled- 7 -LRB100 20052 MJP 35334 b

1subsection (f) and the rules promulgated by the Department.
2        (1) If the local System review board affirms or
3    modifies the EMS Medical Director's suspension order, the
4    individual or entity shall have the opportunity for a
5    review of the local board's decision by the State EMS
6    Disciplinary Review Board, pursuant to Section 3.45 of this
7    Act.
8        (2) If the local System review board reverses or
9    modifies the EMS Medical Director's order, the EMS Medical
10    Director shall have the opportunity for a review of the
11    local board's decision by the State EMS Disciplinary Review
12    Board, pursuant to Section 3.45 of this Act.
13        (3) The suspension shall commence only upon the
14    occurrence of one of the following:
15            (A) the individual or entity has waived the
16        opportunity for a hearing before the local System
17        review board; or
18            (B) the order has been affirmed or modified by the
19        local system review board and the individual or entity
20        has waived the opportunity for review by the State
21        Board; or
22            (C) the order has been affirmed or modified by the
23        local system review board, and the local board's
24        decision has been affirmed or modified by the State
25        Board.
26    (c) An EMS Medical Director may immediately suspend an EMR,

 

 

SB3255 Enrolled- 8 -LRB100 20052 MJP 35334 b

1EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA,
2PHAPRN, or other individual or entity if he or she finds that
3the continuation in practice by the individual or entity would
4constitute an imminent danger to the public. The suspended
5individual or entity shall be issued an immediate verbal
6notification followed by a written suspension order by the EMS
7Medical Director which states the length, terms and basis for
8the suspension.
9        (1) Within 24 hours following the commencement of the
10    suspension, the EMS Medical Director shall deliver to the
11    Department, by messenger, telefax, or other
12    Department-approved electronic communication, a copy of
13    the suspension order and copies of any written materials
14    which relate to the EMS Medical Director's decision to
15    suspend the individual or entity. All medical and
16    patient-specific information, including Department
17    findings with respect to the quality of care rendered,
18    shall be strictly confidential pursuant to the Medical
19    Studies Act (Part 21 of Article VIII of the Code of Civil
20    Procedure).
21        (2) Within 24 hours following the commencement of the
22    suspension, the suspended individual or entity may deliver
23    to the Department, by messenger, telefax, or other
24    Department-approved electronic communication, a written
25    response to the suspension order and copies of any written
26    materials which the individual or entity feels are

 

 

SB3255 Enrolled- 9 -LRB100 20052 MJP 35334 b

1    appropriate. All medical and patient-specific information,
2    including Department findings with respect to the quality
3    of care rendered, shall be strictly confidential pursuant
4    to the Medical Studies Act.
5        (3) Within 24 hours following receipt of the EMS
6    Medical Director's suspension order or the individual or
7    entity's written response, whichever is later, the
8    Director or the Director's designee shall determine
9    whether the suspension should be stayed pending an
10    opportunity for a hearing or review in accordance with this
11    Act, or whether the suspension should continue during the
12    course of that hearing or review. The Director or the
13    Director's designee shall issue this determination to the
14    EMS Medical Director, who shall immediately notify the
15    suspended individual or entity. The suspension shall
16    remain in effect during this period of review by the
17    Director or the Director's designee.
18    (d) Upon issuance of a suspension order for reasons
19directly related to medical care, the EMS Medical Director
20shall also provide the individual or entity with the
21opportunity for a hearing before the local System review board,
22in accordance with subsection (f) and the rules promulgated by
23the Department.
24        (1) If the local System review board affirms or
25    modifies the EMS Medical Director's suspension order, the
26    individual or entity shall have the opportunity for a

 

 

SB3255 Enrolled- 10 -LRB100 20052 MJP 35334 b

1    review of the local board's decision by the State EMS
2    Disciplinary Review Board, pursuant to Section 3.45 of this
3    Act.
4        (2) If the local System review board reverses or
5    modifies the EMS Medical Director's suspension order, the
6    EMS Medical Director shall have the opportunity for a
7    review of the local board's decision by the State EMS
8    Disciplinary Review Board, pursuant to Section 3.45 of this
9    Act.
10        (3) The suspended individual or entity may elect to
11    bypass the local System review board and seek direct review
12    of the EMS Medical Director's suspension order by the State
13    EMS Disciplinary Review Board.
14    (e) The Resource Hospital shall designate a local System
15review board in accordance with the rules of the Department,
16for the purpose of providing a hearing to any individual or
17entity participating within the System who is suspended from
18participation by the EMS Medical Director. The EMS Medical
19Director shall arrange for a certified shorthand reporter to
20make a stenographic record of that hearing and thereafter
21prepare a transcript of the proceedings. The transcript, all
22documents or materials received as evidence during the hearing
23and the local System review board's written decision shall be
24retained in the custody of the EMS system. The System shall
25implement a decision of the local System review board unless
26that decision has been appealed to the State Emergency Medical

 

 

SB3255 Enrolled- 11 -LRB100 20052 MJP 35334 b

1Services Disciplinary Review Board in accordance with this Act
2and the rules of the Department.
3    (f) The Resource Hospital shall implement a decision of the
4State Emergency Medical Services Disciplinary Review Board
5which has been rendered in accordance with this Act and the
6rules of the Department.
7(Source: P.A. 100-201, eff. 8-18-17.)
 
8    (210 ILCS 50/3.45)
9    Sec. 3.45. State Emergency Medical Services Disciplinary
10Review Board.
11    (a) The Governor shall appoint a State Emergency Medical
12Services Disciplinary Review Board, composed of an EMS Medical
13Director, an EMS System Coordinator, a Paramedic, an Emergency
14Medical Technician (EMT), and the following members, who shall
15only review cases in which a party is from the same
16professional category: a Pre-Hospital Registered Nurse, a
17Pre-Hospital Advanced Practice Registered Nurse, a
18Pre-Hospital Physician Assistant, an ECRN, a Trauma Nurse
19Specialist, an Emergency Medical Technician-Intermediate
20(EMT-I), an Advanced Emergency Medical Technician (A-EMT), a
21representative from a private vehicle service provider, a
22representative from a public vehicle service provider, and an
23emergency physician who monitors telecommunications from and
24gives voice orders to EMS personnel. The Governor shall also
25appoint one alternate for each member of the Board, from the

 

 

SB3255 Enrolled- 12 -LRB100 20052 MJP 35334 b

1same professional category as the member of the Board.
2    (b) The members shall be appointed for a term of 3 years.
3All appointees shall serve until their successors are
4appointed. The alternate members shall be appointed and serve
5in the same fashion as the members of the Board. If a member
6resigns his or her appointment, the corresponding alternate
7shall serve the remainder of that member's term until a
8subsequent member is appointed by the Governor.
9    (c) The function of the Board is to review and affirm,
10reverse or modify disciplinary orders.
11    (d) Any individual or entity, who received an immediate
12suspension from an EMS Medical Director may request the Board
13to reverse or modify the suspension order. If the suspension
14had been affirmed or modified by a local System review board,
15the suspended individual or entity may request the Board to
16reverse or modify the local board's decision.
17    (e) Any individual or entity who received a non-immediate
18suspension order from an EMS Medical Director which was
19affirmed or modified by a local System review board may request
20the Board to reverse or modify the local board's decision.
21    (f) An EMS Medical Director whose suspension order was
22reversed or modified by a local System review board may request
23the Board to reverse or modify the local board's decision.
24    (g) The Board shall meet on the first Tuesday of every
25month, unless no requests for review have been submitted.
26Additional meetings of the Board shall be scheduled to ensure

 

 

SB3255 Enrolled- 13 -LRB100 20052 MJP 35334 b

1that a request for direct review of an immediate suspension
2order is scheduled within 14 days after the Department receives
3the request for review or as soon thereafter as a quorum is
4available. The Board shall meet in Springfield or Chicago,
5whichever location is closer to the majority of the members or
6alternates attending the meeting. The Department shall
7reimburse the members and alternates of the Board for
8reasonable travel expenses incurred in attending meetings of
9the Board.
10    (h) A request for review shall be submitted in writing to
11the Chief of the Department's Division of Emergency Medical
12Services and Highway Safety, within 10 days after receiving the
13local board's decision or the EMS Medical Director's suspension
14order, whichever is applicable, a copy of which shall be
15enclosed.
16    (i) At its regularly scheduled meetings, the Board shall
17review requests which have been received by the Department at
18least 10 working days prior to the Board's meeting date.
19Requests for review which are received less than 10 working
20days prior to a scheduled meeting shall be considered at the
21Board's next scheduled meeting, except that requests for direct
22review of an immediate suspension order may be scheduled up to
233 working days prior to the Board's meeting date.
24    (j) A quorum shall be required for the Board to meet, which
25shall consist of 3 members or alternates, including the EMS
26Medical Director or alternate and the member or alternate from

 

 

SB3255 Enrolled- 14 -LRB100 20052 MJP 35334 b

1the same professional category as the subject of the suspension
2order. At each meeting of the Board, the members or alternates
3present shall select a Chairperson to conduct the meeting.
4    (k) Deliberations for decisions of the State EMS
5Disciplinary Review Board shall be conducted in closed session.
6Department staff may attend for the purpose of providing
7clerical assistance, but no other persons may be in attendance
8except for the parties to the dispute being reviewed by the
9Board and their attorneys, unless by request of the Board.
10    (l) The Board shall review the transcript, evidence and
11written decision of the local review board or the written
12decision and supporting documentation of the EMS Medical
13Director, whichever is applicable, along with any additional
14written or verbal testimony or argument offered by the parties
15to the dispute.
16    (m) At the conclusion of its review, the Board shall issue
17its decision and the basis for its decision on a form provided
18by the Department, and shall submit to the Department its
19written decision together with the record of the local System
20review board. The Department shall promptly issue a copy of the
21Board's decision to all affected parties. The Board's decision
22shall be binding on all parties.
23(Source: P.A. 98-973, eff. 8-15-14.)
 
24    (210 ILCS 50/3.50)
25    Sec. 3.50. Emergency Medical Services personnel licensure

 

 

SB3255 Enrolled- 15 -LRB100 20052 MJP 35334 b

1levels.
2    (a) "Emergency Medical Technician" or "EMT" means a person
3who has successfully completed a course in basic life support
4as approved by the Department, is currently licensed by the
5Department in accordance with standards prescribed by this Act
6and rules adopted by the Department pursuant to this Act, and
7practices within an EMS System. A valid Emergency Medical
8Technician-Basic (EMT-B) license issued under this Act shall
9continue to be valid and shall be recognized as an Emergency
10Medical Technician (EMT) license until the Emergency Medical
11Technician-Basic (EMT-B) license expires.
12    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
13means a person who has successfully completed a course in
14intermediate life support as approved by the Department, is
15currently licensed by the Department in accordance with
16standards prescribed by this Act and rules adopted by the
17Department pursuant to this Act, and practices within an
18Intermediate or Advanced Life Support EMS System.
19    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
20means a person who has successfully completed a course in basic
21and limited advanced emergency medical care as approved by the
22Department, is currently licensed by the Department in
23accordance with standards prescribed by this Act and rules
24adopted by the Department pursuant to this Act, and practices
25within an Intermediate or Advanced Life Support EMS System.
26    (c) "Paramedic (EMT-P)" means a person who has successfully

 

 

SB3255 Enrolled- 16 -LRB100 20052 MJP 35334 b

1completed a course in advanced life support care as approved by
2the Department, is licensed by the Department in accordance
3with standards prescribed by this Act and rules adopted by the
4Department pursuant to this Act, and practices within an
5Advanced Life Support EMS System. A valid Emergency Medical
6Technician-Paramedic (EMT-P) license issued under this Act
7shall continue to be valid and shall be recognized as a
8Paramedic license until the Emergency Medical
9Technician-Paramedic (EMT-P) license expires.
10    (c-5) "Emergency Medical Responder" or "EMR (First
11Responder)" means a person who has successfully completed a
12course in emergency medical response as approved by the
13Department and provides emergency medical response services
14prior to the arrival of an ambulance or specialized emergency
15medical services vehicle, in accordance with the level of care
16established by the National EMS Educational Standards
17Emergency Medical Responder course as modified by the
18Department. An Emergency Medical Responder who provides
19services as part of an EMS System response plan shall comply
20with the applicable sections of the Program Plan, as approved
21by the Department, of that EMS System. The Department shall
22have the authority to adopt rules governing the curriculum,
23practice, and necessary equipment applicable to Emergency
24Medical Responders.
25    On the effective date of this amendatory Act of the 98th
26General Assembly, a person who is licensed by the Department as

 

 

SB3255 Enrolled- 17 -LRB100 20052 MJP 35334 b

1a First Responder and has completed a Department-approved
2course in first responder defibrillator training based on, or
3equivalent to, the National EMS Educational Standards or other
4standards previously recognized by the Department shall be
5eligible for licensure as an Emergency Medical Responder upon
6meeting the licensure requirements and submitting an
7application to the Department. A valid First Responder license
8issued under this Act shall continue to be valid and shall be
9recognized as an Emergency Medical Responder license until the
10First Responder license expires.
11    (c-10) All EMS Systems and licensees shall be fully
12compliant with the National EMS Education Standards, as
13modified by the Department in administrative rules, within 24
14months after the adoption of the administrative rules.
15    (d) The Department shall have the authority and
16responsibility to:
17        (1) Prescribe education and training requirements,
18    which includes training in the use of epinephrine, for all
19    levels of EMS personnel except for EMRs, based on the
20    National EMS Educational Standards and any modifications
21    to those curricula specified by the Department through
22    rules adopted pursuant to this Act.
23        (2) Prescribe licensure testing requirements for all
24    levels of EMS personnel, which shall include a requirement
25    that all phases of instruction, training, and field
26    experience be completed before taking the appropriate

 

 

SB3255 Enrolled- 18 -LRB100 20052 MJP 35334 b

1    licensure examination. Candidates may elect to take the
2    appropriate National Registry 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. In prescribing licensure testing requirements
6    for honorably discharged members of the armed forces of the
7    United States under this paragraph (2), the Department
8    shall ensure that a candidate's military emergency medical
9    training, emergency medical curriculum completed, and
10    clinical experience, as described in paragraph (2.5), are
11    recognized.
12        (2.5) Review applications for EMS personnel licensure
13    from honorably discharged members of the armed forces of
14    the United States with military emergency medical
15    training. Applications shall be filed with the Department
16    within one year after military discharge and shall contain:
17    (i) proof of successful completion of military emergency
18    medical training; (ii) a detailed description of the
19    emergency medical curriculum completed; and (iii) a
20    detailed description of the applicant's clinical
21    experience. The Department may request additional and
22    clarifying information. The Department shall evaluate the
23    application, including the applicant's training and
24    experience, consistent with the standards set forth under
25    subsections (a), (b), (c), and (d) of Section 3.10. If the
26    application clearly demonstrates that the training and

 

 

SB3255 Enrolled- 19 -LRB100 20052 MJP 35334 b

1    experience meets such standards, the Department shall
2    offer the applicant the opportunity to successfully
3    complete a Department-approved EMS personnel examination
4    for the level of license for which the applicant is
5    qualified. Upon passage of an examination, the Department
6    shall issue a license, which shall be subject to all
7    provisions of this Act that are otherwise applicable to the
8    level of EMS personnel license issued.
9        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
10    or Paramedic who have met the Department's education,
11    training and examination requirements.
12        (4) Prescribe annual continuing education and
13    relicensure requirements for all EMS personnel licensure
14    levels.
15        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
16    A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
17    based on their compliance with continuing education and
18    relicensure requirements as required by the Department
19    pursuant to this Act. Every 4 years, a Paramedic shall have
20    100 hours of approved continuing education, an EMT-I and an
21    advanced EMT shall have 80 hours of approved continuing
22    education, and an EMT shall have 60 hours of approved
23    continuing education. An Illinois licensed EMR, EMD, EMT,
24    EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose
25    license has been expired for less than 36 months may apply
26    for reinstatement by the Department. Reinstatement shall

 

 

SB3255 Enrolled- 20 -LRB100 20052 MJP 35334 b

1    require that the applicant (i) submit satisfactory proof of
2    completion of continuing medical education and clinical
3    requirements to be prescribed by the Department in an
4    administrative rule; (ii) submit a positive recommendation
5    from an Illinois EMS Medical Director attesting to the
6    applicant's qualifications for retesting; and (iii) pass a
7    Department approved test for the level of EMS personnel
8    license sought to be reinstated.
9        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
10    A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
11    qualifies, based on standards and procedures established
12    by the Department in rules adopted pursuant to this Act.
13        (7) Charge a fee for EMS personnel examination,
14    licensure, and license renewal.
15        (8) Suspend, revoke, or refuse to issue or renew the
16    license of any licensee, after an opportunity for an
17    impartial hearing before a neutral administrative law
18    judge appointed by the Director, where the preponderance of
19    the evidence shows one or more of the following:
20            (A) The licensee has not met continuing education
21        or relicensure requirements as prescribed by the
22        Department;
23            (B) The licensee has failed to maintain
24        proficiency in the level of skills for which he or she
25        is licensed;
26            (C) The licensee, during the provision of medical

 

 

SB3255 Enrolled- 21 -LRB100 20052 MJP 35334 b

1        services, engaged in dishonorable, unethical, or
2        unprofessional conduct of a character likely to
3        deceive, defraud, or harm the public;
4            (D) The licensee has failed to maintain or has
5        violated standards of performance and conduct as
6        prescribed by the Department in rules adopted pursuant
7        to this Act or his or her EMS System's Program Plan;
8            (E) The licensee is physically impaired to the
9        extent that he or she cannot physically perform the
10        skills and functions for which he or she is licensed,
11        as verified by a physician, unless the person is on
12        inactive status pursuant to Department regulations;
13            (F) The licensee is mentally impaired to the extent
14        that he or she cannot exercise the appropriate
15        judgment, skill and safety for performing the
16        functions for which he or she is licensed, as verified
17        by a physician, unless the person is on inactive status
18        pursuant to Department regulations;
19            (G) The licensee has violated this Act or any rule
20        adopted by the Department pursuant to this Act; or
21            (H) The licensee has been convicted (or entered a
22        plea of guilty or nolo-contendere) by a court of
23        competent jurisdiction of a Class X, Class 1, or Class
24        2 felony in this State or an out-of-state equivalent
25        offense.
26        (9) Prescribe education and training requirements in

 

 

SB3255 Enrolled- 22 -LRB100 20052 MJP 35334 b

1    the administration and use of opioid antagonists for all
2    levels of EMS personnel based on the National EMS
3    Educational Standards and any modifications to those
4    curricula specified by the Department through rules
5    adopted pursuant to this Act.
6    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
7PHAPRN, PHPA, or PHRN who is a member of the Illinois National
8Guard or an Illinois State Trooper or who exclusively serves as
9a volunteer for units of local government with a population
10base of less than 5,000 or as a volunteer for a not-for-profit
11organization that serves a service area with a population base
12of less than 5,000 may submit an application to the Department
13for a waiver of the fees described under paragraph (7) of
14subsection (d) of this Section on a form prescribed by the
15Department.
16    The education requirements prescribed by the Department
17under this Section must allow for the suspension of those
18requirements in the case of a member of the armed services or
19reserve forces of the United States or a member of the Illinois
20National Guard who is on active duty pursuant to an executive
21order of the President of the United States, an act of the
22Congress of the United States, or an order of the Governor at
23the time that the member would otherwise be required to fulfill
24a particular education requirement. Such a person must fulfill
25the education requirement within 6 months after his or her
26release from active duty.

 

 

SB3255 Enrolled- 23 -LRB100 20052 MJP 35334 b

1    (e) In the event that any rule of the Department or an EMS
2Medical Director that requires testing for drug use as a
3condition of the applicable EMS personnel license conflicts
4with or duplicates a provision of a collective bargaining
5agreement that requires testing for drug use, that rule shall
6not apply to any person covered by the collective bargaining
7agreement.
8(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,
9eff. 8-15-14; 99-480, eff. 9-9-15.)
 
10    (210 ILCS 50/3.55)
11    Sec. 3.55. Scope of practice.
12    (a) Any person currently licensed as an EMR, EMT, EMT-I,
13A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency
14and non-emergency medical services as defined in this Act, in
15accordance with his or her level of education, training and
16licensure, the standards of performance and conduct prescribed
17by the Department in rules adopted pursuant to this Act, and
18the requirements of the EMS System in which he or she
19practices, as contained in the approved Program Plan for that
20System. The Director may, by written order, temporarily modify
21individual scopes of practice in response to public health
22emergencies for periods not exceeding 180 days.
23    (a-5) EMS personnel who have successfully completed a
24Department approved course in automated defibrillator
25operation and who are functioning within a Department approved

 

 

SB3255 Enrolled- 24 -LRB100 20052 MJP 35334 b

1EMS System may utilize such automated defibrillator according
2to the standards of performance and conduct prescribed by the
3Department in rules adopted pursuant to this Act and the
4requirements of the EMS System in which they practice, as
5contained in the approved Program Plan for that System.
6    (a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
7Paramedic who has successfully completed a Department approved
8course in the administration of epinephrine shall be required
9to carry epinephrine with him or her as part of the EMS
10personnel medical supplies whenever he or she is performing
11official duties as determined by the EMS System. The
12epinephrine may be administered from a glass vial,
13auto-injector, ampule, or pre-filled syringe.
14    (b) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
15Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or
16Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN,
17PHAPRN, PHPA, or Paramedic license in pre-hospital or
18inter-hospital emergency care settings or non-emergency
19medical transport situations, under the written or verbal
20direction of the EMS Medical Director. For purposes of this
21Section, a "pre-hospital emergency care setting" may include a
22location, that is not a health care facility, which utilizes
23EMS personnel to render pre-hospital emergency care prior to
24the arrival of a transport vehicle. The location shall include
25communication equipment and all of the portable equipment and
26drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or

 

 

SB3255 Enrolled- 25 -LRB100 20052 MJP 35334 b

1Paramedic's level of care, as required by this Act, rules
2adopted by the Department pursuant to this Act, and the
3protocols of the EMS Systems, and shall operate only with the
4approval and under the direction of the EMS Medical Director.
5    This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT,
6PHRN, PHAPRN, PHPA, or Paramedic from practicing within an
7emergency department or other health care setting for the
8purpose of receiving continuing education or training approved
9by the EMS Medical Director. This Section shall also not
10prohibit an EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
11from seeking credentials other than his or her EMT, EMT-I,
12A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license and utilizing
13such credentials to work in emergency departments or other
14health care settings under the jurisdiction of that employer.
15    (c) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
16may honor Do Not Resuscitate (DNR) orders and powers of
17attorney for health care only in accordance with rules adopted
18by the Department pursuant to this Act and protocols of the EMS
19System in which he or she practices.
20    (d) A student enrolled in a Department approved EMS
21personnel program, while fulfilling the clinical training and
22in-field supervised experience requirements mandated for
23licensure or approval by the System and the Department, may
24perform prescribed procedures under the direct supervision of a
25physician licensed to practice medicine in all of its branches,
26a qualified registered professional nurse, or qualified EMS

 

 

SB3255 Enrolled- 26 -LRB100 20052 MJP 35334 b

1personnel, only when authorized by the EMS Medical Director.
2    (e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
3Paramedic may transport a police dog injured in the line of
4duty to a veterinary clinic or similar facility if there are no
5persons requiring medical attention or transport at that time.
6For the purposes of this subsection, "police dog" means a dog
7owned or used by a law enforcement department or agency in the
8course of the department or agency's work, including a search
9and rescue dog, service dog, accelerant detection canine, or
10other dog that is in use by a county, municipal, or State law
11enforcement agency.
12(Source: P.A. 99-862, eff. 1-1-17; 100-108, eff. 1-1-18.)
 
13    (210 ILCS 50/3.65)
14    Sec. 3.65. EMS Lead Instructor.
15    (a) "EMS Lead Instructor" means a person who has
16successfully completed a course of education as approved by the
17Department, and who is currently approved by the Department to
18coordinate or teach education, training and continuing
19education courses, in accordance with standards prescribed by
20this Act and rules adopted by the Department pursuant to this
21Act.
22    (b) The Department shall have the authority and
23responsibility to:
24        (1) Prescribe education requirements for EMS Lead
25    Instructor candidates through rules adopted pursuant to

 

 

SB3255 Enrolled- 27 -LRB100 20052 MJP 35334 b

1    this Act.
2        (2) Prescribe testing requirements for EMS Lead
3    Instructor candidates through rules adopted pursuant to
4    this Act.
5        (3) Charge each candidate for EMS Lead Instructor a fee
6    to be submitted with an application for an examination, an
7    application for licensure, and an application for
8    relicensure.
9        (4) Approve individuals as EMS Lead Instructors who
10    have met the Department's education and testing
11    requirements.
12        (5) Require that all education, training and
13    continuing education courses for EMT, EMT-I, A-EMT,
14    Paramedic, PHRN, PHPA, PHAPRN, ECRN, EMR, and Emergency
15    Medical Dispatcher be coordinated by at least one approved
16    EMS Lead Instructor. A program which includes education,
17    training or continuing education for more than one type of
18    personnel may use one EMS Lead Instructor to coordinate the
19    program, and a single EMS Lead Instructor may
20    simultaneously coordinate more than one program or course.
21        (6) Provide standards and procedures for awarding EMS
22    Lead Instructor approval to persons previously approved by
23    the Department to coordinate such courses, based on
24    qualifications prescribed by the Department through rules
25    adopted pursuant to this Act.
26        (7) Suspend, revoke, or refuse to issue or renew the

 

 

SB3255 Enrolled- 28 -LRB100 20052 MJP 35334 b

1    approval of an EMS Lead Instructor, after an opportunity
2    for a hearing, when findings show one or more of the
3    following:
4            (A) The EMS Lead Instructor has failed to conduct a
5        course in accordance with the curriculum prescribed by
6        this Act and rules adopted by the Department pursuant
7        to this Act; or
8            (B) The EMS Lead Instructor has failed to comply
9        with protocols prescribed by the Department through
10        rules adopted pursuant to this Act.
11(Source: P.A. 98-973, eff. 8-15-14.)
 
12    (210 ILCS 50/3.80)
13    Sec. 3.80. Pre-Hospital Registered Nurse, Pre-Hospital
14Advanced Practice Registered Nurse, Pre-Hospital Physician
15Assistant, and Emergency Communications Registered Nurse.
16    (a) "Emergency Communications Registered Nurse" or "ECRN"
17means a registered professional nurse licensed under the Nurse
18Practice Act who has successfully completed supplemental
19education in accordance with rules adopted by the Department,
20and who is approved by an EMS Medical Director to monitor
21telecommunications from and give voice orders to EMS System
22personnel, under the authority of the EMS Medical Director and
23in accordance with System protocols. For out-of-state
24facilities that have Illinois recognition under the EMS, trauma
25or pediatric programs, the professional shall have an

 

 

SB3255 Enrolled- 29 -LRB100 20052 MJP 35334 b

1unencumbered registered nurse license in the state in which he
2or she practices. In this Section, the term "license" is used
3to reflect a change in terminology from "certification" to
4"license" only.
5    (b) "Pre-Hospital Registered Nurse", "PHRN", or
6"Pre-Hospital RN" means a registered professional nurse
7licensed under the Nurse Practice Act who has successfully
8completed supplemental education in accordance with rules
9adopted by the Department pursuant to this Act, and who is
10approved by an EMS Medical Director to practice within an
11Illinois EMS System as emergency medical services personnel for
12pre-hospital and inter-hospital emergency care and
13non-emergency medical transports. For out-of-state facilities
14that have Illinois recognition under the EMS, trauma or
15pediatric programs, the professional shall have an
16unencumbered registered nurse license in the state in which he
17or she practices. In this Section, the term "license" is used
18to reflect a change in terminology from "certification" to
19"license" only.
20    (b-5) "Pre-Hospital Advanced Practice Registered Nurse",
21"PHAPRN", or "Pre-Hospital APRN" means an advanced practice
22registered nurse licensed under the Nurse Practice Act who has
23successfully completed supplemental education in accordance
24with rules adopted by the Department pursuant to this Act, and
25who has the approval of an EMS Medical Director to practice
26within an Illinois EMS System as emergency medical services

 

 

SB3255 Enrolled- 30 -LRB100 20052 MJP 35334 b

1personnel for pre-hospital and inter-hospital emergency care
2and non-emergency medical transports. For out-of-state
3facilities that have Illinois recognition under the EMS, trauma
4or pediatric programs, the professional shall have an
5unencumbered advanced practice registered nurse license in the
6state in which he or she practices.
7    (b-10) "Pre-Hospital Physician Assistant", "PHPA", or
8"Pre-Hospital PA" means a physician assistant licensed under
9the Physician Assistant Practice Act of 1987 who has
10successfully completed supplemental education in accordance
11with rules adopted by the Department pursuant to this Act, and
12who has the approval of an EMS Medical Director to practice
13within an Illinois EMS System as emergency medical services
14personnel for pre-hospital and inter-hospital emergency care
15and non-emergency medical transports. For out-of-state
16facilities that have Illinois recognition under the EMS, trauma
17or pediatric programs, the professional shall have an
18unencumbered physician assistant license in the state in which
19he or she practices.
20    (c) The Department shall have the authority and
21responsibility to:
22        (1) Prescribe or pre-approve education and continuing
23    education requirements for Pre-Hospital Registered Nurse,
24    Pre-Hospital Advanced Practice Registered Nurse,
25    Pre-Hospital Physician Assistant, and ECRN candidates
26    through rules adopted pursuant to this Act:

 

 

SB3255 Enrolled- 31 -LRB100 20052 MJP 35334 b

1            (A) Education for a Pre-Hospital Registered Nurse,
2        a Pre-Hospital Advanced Practice Registered Nurse, or
3        a Pre-Hospital Physician Assistant shall include
4        extrication, telecommunications, EMS System standing
5        medical orders, the procedures and protocols
6        established by the EMS Medical Director, and
7        pre-hospital cardiac, medical, and trauma care;
8            (B) Education for ECRN shall include
9        telecommunications, System standing medical orders and
10        the procedures and protocols established by the EMS
11        Medical Director;
12            (C) A Pre-Hospital Registered Nurse, Pre-Hospital
13        Advanced Practice Registered Nurse, or Pre-Hospital
14        Physician Assistant candidate who is fulfilling
15        clinical training and in-field supervised experience
16        requirements may perform prescribed procedures under
17        the direct supervision of a physician licensed to
18        practice medicine in all of its branches, a qualified
19        registered professional nurse or a qualified EMT, only
20        when authorized by the EMS Medical Director;
21            (D) An EMS Medical Director may impose in-field
22        supervised field experience requirements on System
23        ECRNs as part of their training or continuing
24        education, in which they perform prescribed procedures
25        under the direct supervision of a physician licensed to
26        practice medicine in all of its branches, a qualified

 

 

SB3255 Enrolled- 32 -LRB100 20052 MJP 35334 b

1        registered professional nurse, or qualified EMS
2        personnel, only when authorized by the EMS Medical
3        Director;
4        (2) Require EMS Medical Directors to reapprove
5    Pre-Hospital Registered Nurses, Pre-Hospital Advanced
6    Practice Registered Nurses, Pre-Hospital Physician
7    Assistants, and ECRNs every 4 years, based on compliance
8    with continuing education requirements prescribed by the
9    Department through rules adopted pursuant to this Act;
10        (3) Allow EMS Medical Directors to grant inactive EMS
11    System status to any Pre-Hospital Registered Nurse,
12    Pre-Hospital Advanced Practice Registered Nurse,
13    Pre-Hospital Physician Assistant, or ECRN who qualifies,
14    based on standards and procedures established by the
15    Department in rules adopted pursuant to this Act;
16        (4) Require a Pre-Hospital Registered Nurse, a
17    Pre-Hospital Advanced Practice Registered Nurse, or a
18    Pre-Hospital Physician Assistant to honor Do Not
19    Resuscitate (DNR) orders and powers of attorney for health
20    care only in accordance with rules adopted by the
21    Department pursuant to this Act and protocols of the EMS
22    System in which he or she practices;
23        (5) Charge each Pre-Hospital Registered Nurse,
24    Pre-Hospital Advanced Practice Registered Nurse,
25    Pre-Hospital Physician Assistant, applicant and ECRN
26    applicant a fee for licensure and relicensure.

 

 

SB3255 Enrolled- 33 -LRB100 20052 MJP 35334 b

1    (d) The Department shall have the authority to suspend,
2revoke, or refuse to issue or renew a Department-issued PHRN,
3PHAPRN, PHPA, or ECRN license when, after notice and the
4opportunity for a hearing, the Department demonstrates that the
5licensee has violated this Act, violated the rules adopted by
6the Department, or failed to comply with the applicable
7standards of care.
8(Source: P.A. 98-973, eff. 8-15-14.)
 
9    (210 ILCS 50/3.87)
10    Sec. 3.87. Ambulance service provider and vehicle service
11provider upgrades; rural population.
12    (a) In this Section, "rural ambulance service provider"
13means an ambulance service provider licensed under this Act
14that serves a rural population of 7,500 or fewer inhabitants.
15    In this Section, "rural vehicle service provider" means an
16entity that serves a rural population of 7,500 or fewer
17inhabitants and is licensed by the Department to provide
18emergency or non-emergency medical services in compliance with
19this Act, the rules adopted by the Department pursuant to this
20Act, and an operational plan approved by the entity's EMS
21System, utilizing at least an ambulance, alternate response
22vehicle as defined by the Department in rules, or specialized
23emergency medical services vehicle.
24    (b) A rural ambulance service provider or rural vehicle
25service provider may submit a proposal to the EMS System

 

 

SB3255 Enrolled- 34 -LRB100 20052 MJP 35334 b

1Medical Director requesting approval of either or both of the
2following:
3        (1) Rural ambulance service provider or rural vehicle
4    service provider in-field service level upgrade.
5            (A) An ambulance operated by a rural ambulance
6        service provider or a specialized emergency medical
7        services vehicle or alternate response vehicle
8        operated by a rural vehicle service provider may be
9        upgraded, as defined by the EMS System Medical Director
10        in a policy or procedure, as long as the EMS System
11        Medical Director and the Department have approved the
12        proposal, to the highest level of EMT license (advanced
13        life support/paramedic, intermediate life support, or
14        basic life support) or Pre-Hospital APRN, Pre-Hospital
15        PA, or Pre-Hospital RN license certification held by
16        any person staffing that ambulance, specialized
17        emergency medical services vehicle, or alternate
18        response vehicle. The ambulance service provider's or
19        rural vehicle service provider's proposal for an
20        upgrade must include all of the following:
21                (i) The manner in which the provider will
22            secure and store advanced life support equipment,
23            supplies, and medications.
24                (ii) The type of quality assurance the
25            provider will perform.
26                (iii) An assurance that the provider will

 

 

SB3255 Enrolled- 35 -LRB100 20052 MJP 35334 b

1            advertise only the level of care that can be
2            provided 24 hours a day.
3                (iv) A statement that the provider will have
4            that vehicle inspected by the Department annually.
5            (B) If a rural ambulance service provider or rural
6        vehicle service provider is approved to provide an
7        in-field service level upgrade based on the licensed
8        personnel on the vehicle, all the advanced life support
9        medical supplies, durable medical equipment, and
10        medications must be environmentally controlled,
11        secured, and locked with access by only the personnel
12        who have been authorized by the EMS System Medical
13        Director to utilize those supplies.
14            (C) The EMS System shall routinely perform quality
15        assurance, in compliance with the EMS System's quality
16        assurance plan approved by the Department, on in-field
17        service level upgrades authorized under this Section
18        to ensure compliance with the EMS System plan.
19        (2) Rural ambulance service provider or rural vehicle
20    service provider in-field service level upgrade. The EMS
21    System Medical Director may define what constitutes an
22    in-field service level upgrade through an EMS System policy
23    or procedure. An in-field service level upgrade may
24    include, but need not be limited to, an upgrade to a
25    licensed ambulance, alternate response vehicle, or
26    specialized emergency medical services vehicle.

 

 

SB3255 Enrolled- 36 -LRB100 20052 MJP 35334 b

1    (c) If the EMS System Medical Director approves a proposal
2for a rural in-field service level upgrade under this Section,
3he or she shall submit the proposal to the Department along
4with a statement of approval signed by him or her. Once the
5Department has approved the proposal, the rural ambulance
6service provider or rural vehicle service provider will be
7authorized to function at the highest level of EMT license
8(advanced life support/paramedic, intermediate life support,
9or basic life support) or Pre-Hospital RN, Pre-Hospital APRN,
10or Pre-Hospital PA license certification held by any person
11staffing the vehicle.
12(Source: P.A. 98-608, eff. 12-27-13; 98-880, eff. 1-1-15;
1398-881, eff. 8-13-14; 99-78, eff. 7-20-15.)
 
14    (210 ILCS 50/3.165)
15    Sec. 3.165. Misrepresentation.
16    (a) No person shall hold himself or herself out to be or
17engage in the practice of an EMS Medical Director, EMS
18Administrative Director, EMS System Coordinator, EMR, EMD,
19EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, PHAPRN, PHPA, TNS, or
20LI without being licensed, certified, approved or otherwise
21authorized pursuant to this Act.
22    (b) A hospital or other entity which employs or utilizes an
23EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic in a manner which is
24outside the scope of his or her license shall not use the words
25"emergency medical responder", "EMR", "emergency medical

 

 

SB3255 Enrolled- 37 -LRB100 20052 MJP 35334 b

1technician", "EMT", "emergency medical
2technician-intermediate", "EMT-I", "advanced emergency medical
3technician", "A-EMT", or "Paramedic" in that person's job
4description or title, or in any other manner hold that person
5out to be so licensed.
6    (c) No provider or participant within an EMS System shall
7hold itself out as providing a type or level of service that
8has not been approved by that System's EMS Medical Director.
9(Source: P.A. 98-973, eff. 8-15-14.)
 
10    Section 99. Effective date. This Act takes effect one year
11after becoming law.