Rep. Deb Conroy

Filed: 5/26/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 693, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Emergency Medical Services (EMS) Systems
6Act is amended by changing Sections 3.10, 3.50, 3.85, and
73.155 as follows:
8    (210 ILCS 50/3.10)
9    Sec. 3.10. Scope of services.
10    (a) "Advanced Life Support (ALS) Services" means an
11advanced level of pre-hospital and inter-hospital emergency
12care and non-emergency medical services that includes basic
13life support care, cardiac monitoring, cardiac defibrillation,
14electrocardiography, intravenous therapy, administration of
15medications, drugs and solutions, use of adjunctive medical
16devices, trauma care, and other authorized techniques and



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1procedures, as outlined in the provisions of the National EMS
2Education Standards relating to Advanced Life Support and any
3modifications to that curriculum specified in rules adopted by
4the Department pursuant to this Act.
5    That care shall be initiated as authorized by the EMS
6Medical Director in a Department approved advanced life
7support EMS System, under the written or verbal direction of a
8physician licensed to practice medicine in all of its branches
9or under the verbal direction of an Emergency Communications
10Registered Nurse.
11    (b) "Intermediate Life Support (ILS) Services" means an
12intermediate level of pre-hospital and inter-hospital
13emergency care and non-emergency medical services that
14includes basic life support care plus intravenous cannulation
15and fluid therapy, invasive airway management, trauma care,
16and other authorized techniques and procedures, as outlined in
17the Intermediate Life Support national curriculum of the
18United States Department of Transportation and any
19modifications to that curriculum specified in rules adopted by
20the Department pursuant to this Act.
21    That care shall be initiated as authorized by the EMS
22Medical Director in a Department approved intermediate or
23advanced life support EMS System, under the written or verbal
24direction of a physician licensed to practice medicine in all
25of its branches or under the verbal direction of an Emergency
26Communications Registered Nurse.



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1    (c) "Basic Life Support (BLS) Services" means a basic
2level of pre-hospital and inter-hospital emergency care and
3non-emergency medical services that includes medical
4monitoring, clinical observation, airway management,
5cardiopulmonary resuscitation (CPR), control of shock and
6bleeding and splinting of fractures, as outlined in the
7provisions of the National EMS Education Standards relating to
8Basic Life Support and any modifications to that curriculum
9specified in rules adopted by the Department pursuant to this
11    That care shall be initiated, where authorized by the EMS
12Medical Director in a Department approved EMS System, under
13the written or verbal direction of a physician licensed to
14practice medicine in all of its branches or under the verbal
15direction of an Emergency Communications Registered Nurse.
16    (d) "Emergency Medical Responder Services" means a
17preliminary level of pre-hospital emergency care that includes
18cardiopulmonary resuscitation (CPR), monitoring vital signs
19and control of bleeding, as outlined in the Emergency Medical
20Responder (EMR) curriculum of the National EMS Education
21Standards and any modifications to that curriculum specified
22in rules adopted by the Department pursuant to this Act.
23    (e) "Pre-hospital care" means those medical services
24rendered to patients for analytic, resuscitative, stabilizing,
25or preventive purposes, precedent to and during transportation
26of such patients to health care facilities.



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1    (f) "Inter-hospital care" means those medical services
2rendered to patients for analytic, resuscitative, stabilizing,
3or preventive purposes, during transportation of such patients
4from one hospital to another hospital.
5    (f-5) "Critical care transport" means the pre-hospital or
6inter-hospital transportation of a critically injured or ill
7patient by a vehicle service provider, including the provision
8of medically necessary supplies and services, at a level of
9service beyond the scope of the Paramedic. When medically
10indicated for a patient, as determined by a physician licensed
11to practice medicine in all of its branches, an advanced
12practice registered nurse, or a physician's assistant, in
13compliance with subsections (b) and (c) of Section 3.155 of
14this Act, critical care transport may be provided by:
15        (1) Department-approved critical care transport
16    providers, not owned or operated by a hospital, utilizing
17    Paramedics with additional training, nurses, or other
18    qualified health professionals; or
19        (2) Hospitals, when utilizing any vehicle service
20    provider or any hospital-owned or operated vehicle service
21    provider. Nothing in Public Act 96-1469 requires a
22    hospital to use, or to be, a Department-approved critical
23    care transport provider when transporting patients,
24    including those critically injured or ill. Nothing in this
25    Act shall restrict or prohibit a hospital from providing,
26    or arranging for, the medically appropriate transport of



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1    any patient, as determined by a physician licensed to
2    practice in all of its branches, an advanced practice
3    registered nurse, or a physician's assistant.
4    (g) "Non-emergency medical services" means the provision
5of, and all actions necessary before and after the provision
6of, Basic Life Support (BLS) Services, Advanced Life Support
7(ALS) Services, and critical care transport medical care,
8clinical observation, or medical monitoring rendered to
9patients whose conditions do not meet this Act's definition of
10emergency, before, after, or during transportation of such
11patients to or from health care facilities visited for the
12purpose of obtaining medical or health care services which are
13not emergency in nature, using a vehicle regulated by this Act
14and personnel licensed under this Act.
15    (g-5) The Department shall have the authority to
16promulgate minimum standards for critical care transport
17providers through rules adopted pursuant to this Act. All
18critical care transport providers must function within a
19Department-approved EMS System. Nothing in Department rules
20shall restrict a hospital's ability to furnish personnel,
21equipment, and medical supplies to any vehicle service
22provider, including a critical care transport provider.
23Minimum critical care transport provider standards shall
24include, but are not limited to:
25        (1) Personnel staffing and licensure.
26        (2) Education, certification, and experience.



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1        (3) Medical equipment and supplies.
2        (4) Vehicular standards.
3        (5) Treatment and transport protocols.
4        (6) Quality assurance and data collection.
5    (h) The provisions of this Act shall not apply to the use
6of an ambulance or SEMSV, unless and until emergency or
7non-emergency medical services are needed during the use of
8the ambulance or SEMSV.
9(Source: P.A. 99-661, eff. 1-1-17; 100-513, eff. 1-1-18.)
10    (210 ILCS 50/3.50)
11    Sec. 3.50. Emergency Medical Services personnel licensure
13    (a) "Emergency Medical Technician" or "EMT" means a person
14who has successfully completed a course in basic life support
15as approved by the Department, is currently licensed by the
16Department in accordance with standards prescribed by this Act
17and rules adopted by the Department pursuant to this Act, and
18practices within an EMS System. A valid Emergency Medical
19Technician-Basic (EMT-B) license issued under this Act shall
20continue to be valid and shall be recognized as an Emergency
21Medical Technician (EMT) license until the Emergency Medical
22Technician-Basic (EMT-B) license expires.
23    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
24means a person who has successfully completed a course in
25intermediate life support as approved by the Department, is



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



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1medical services vehicle, in accordance with the level of care
2established by the National EMS Educational Standards
3Emergency Medical Responder course as modified by the
4Department, or who . An Emergency Medical Responder who
5provides services as part of an EMS System response plan shall
6comply with the applicable sections of the Program Plan, as
7approved by the Department, of that EMS System. The Department
8shall have the authority to adopt rules governing the
9curriculum, practice, and necessary equipment applicable to
10Emergency Medical Responders.
11    On August 15, 2014 (the effective date of Public Act
1298-973), a person who is licensed by the Department as a First
13Responder and has completed a Department-approved course in
14first responder defibrillator training based on, or equivalent
15to, the National EMS Educational Standards or other standards
16previously recognized by the Department shall be eligible for
17licensure as an Emergency Medical Responder upon meeting the
18licensure requirements and submitting an application to the
19Department. A valid First Responder license issued under this
20Act shall continue to be valid and shall be recognized as an
21Emergency Medical Responder license until the First Responder
22license expires.
23    (c-10) All EMS Systems and licensees shall be fully
24compliant with the National EMS Education Standards, as
25modified by the Department in administrative rules, within 24
26months after the adoption of the administrative rules.



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1    (d) The Department shall have the authority and
2responsibility to:
3        (1) Prescribe education and training requirements,
4    which includes training in the use of epinephrine, for all
5    levels of EMS personnel except for EMRs, based on the
6    National EMS Educational Standards and any modifications
7    to those curricula specified by the Department through
8    rules adopted pursuant to this Act.
9        (2) Prescribe licensure testing requirements for all
10    levels of EMS personnel, which shall include a requirement
11    that all phases of instruction, training, and field
12    experience be completed before taking the appropriate
13    licensure examination. Candidates may elect to take the
14    appropriate National Registry examination in lieu of the
15    Department's examination, but are responsible for making
16    their own arrangements for taking the National Registry
17    examination. In prescribing licensure testing requirements
18    for honorably discharged members of the armed forces of
19    the United States under this paragraph (2), the Department
20    shall ensure that a candidate's military emergency medical
21    training, emergency medical curriculum completed, and
22    clinical experience, as described in paragraph (2.5), are
23    recognized.
24        (2.5) Review applications for EMS personnel licensure
25    from honorably discharged members of the armed forces of
26    the United States with military emergency medical



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1    training. Applications shall be filed with the Department
2    within one year after military discharge and shall
3    contain: (i) proof of successful completion of military
4    emergency medical training; (ii) a detailed description of
5    the emergency medical curriculum completed; and (iii) a
6    detailed description of the applicant's clinical
7    experience. The Department may request additional and
8    clarifying information. The Department shall evaluate the
9    application, including the applicant's training and
10    experience, consistent with the standards set forth under
11    subsections (a), (b), (c), and (d) of Section 3.10. If the
12    application clearly demonstrates that the training and
13    experience meet such standards, the Department shall offer
14    the applicant the opportunity to successfully complete a
15    Department-approved EMS personnel examination for the
16    level of license for which the applicant is qualified.
17    Upon passage of an examination, the Department shall issue
18    a license, which shall be subject to all provisions of
19    this Act that are otherwise applicable to the level of EMS
20    personnel license issued.
21        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
22    or Paramedic who have met the Department's education,
23    training and examination requirements.
24        (4) Prescribe annual continuing education and
25    relicensure requirements for all EMS personnel licensure
26    levels.



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1        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
2    A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
3    based on their compliance with continuing education and
4    relicensure requirements as required by the Department
5    pursuant to this Act. Every 4 years, a Paramedic shall
6    have 100 hours of approved continuing education, an EMT-I
7    and an advanced EMT shall have 80 hours of approved
8    continuing education, and an EMT shall have 60 hours of
9    approved continuing education. An Illinois licensed EMR,
10    EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or
11    PHRN whose license has been expired for less than 36
12    months may apply for reinstatement by the Department.
13    Reinstatement shall require that the applicant (i) submit
14    satisfactory proof of completion of continuing medical
15    education and clinical requirements to be prescribed by
16    the Department in an administrative rule; (ii) submit a
17    positive recommendation from an Illinois EMS Medical
18    Director attesting to the applicant's qualifications for
19    retesting; and (iii) pass a Department approved test for
20    the level of EMS personnel license sought to be
21    reinstated.
22        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
23    A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
24    qualifies, based on standards and procedures established
25    by the Department in rules adopted pursuant to this Act.
26        (7) Charge a fee for EMS personnel examination,



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1    licensure, and license renewal.
2        (8) Suspend, revoke, or refuse to issue or renew the
3    license of any licensee, after an opportunity for an
4    impartial hearing before a neutral administrative law
5    judge appointed by the Director, where the preponderance
6    of the evidence shows one or more of the following:
7            (A) The licensee has not met continuing education
8        or relicensure requirements as prescribed by the
9        Department;
10            (B) The licensee has failed to maintain
11        proficiency in the level of skills for which he or she
12        is licensed;
13            (C) The licensee, during the provision of medical
14        services, engaged in dishonorable, unethical, or
15        unprofessional conduct of a character likely to
16        deceive, defraud, or harm the public;
17            (D) The licensee has failed to maintain or has
18        violated standards of performance and conduct as
19        prescribed by the Department in rules adopted pursuant
20        to this Act or his or her EMS System's Program Plan;
21            (E) The licensee is physically impaired to the
22        extent that he or she cannot physically perform the
23        skills and functions for which he or she is licensed,
24        as verified by a physician, unless the person is on
25        inactive status pursuant to Department regulations;
26            (F) The licensee is mentally impaired to the



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1        extent that he or she cannot exercise the appropriate
2        judgment, skill and safety for performing the
3        functions for which he or she is licensed, as verified
4        by a physician, unless the person is on inactive
5        status pursuant to Department regulations;
6            (G) The licensee has violated this Act or any rule
7        adopted by the Department pursuant to this Act; or
8            (H) The licensee has been convicted (or entered a
9        plea of guilty or nolo contendere nolo-contendere) by
10        a court of competent jurisdiction of a Class X, Class
11        1, or Class 2 felony in this State or an out-of-state
12        equivalent offense.
13        (9) Prescribe education and training requirements in
14    the administration and use of opioid antagonists for all
15    levels of EMS personnel based on the National EMS
16    Educational Standards and any modifications to those
17    curricula specified by the Department through rules
18    adopted pursuant to this Act.
19    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
20PHAPRN, PHPA, or PHRN who is a member of the Illinois National
21Guard or an Illinois State Trooper or who exclusively serves
22as a volunteer for units of local government with a population
23base of less than 5,000 or as a volunteer for a not-for-profit
24organization that serves a service area with a population base
25of less than 5,000 may submit an application to the Department
26for a waiver of the fees described under paragraph (7) of



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1subsection (d) of this Section on a form prescribed by the
3    The education requirements prescribed by the Department
4under this Section must allow for the suspension of those
5requirements in the case of a member of the armed services or
6reserve forces of the United States or a member of the Illinois
7National Guard who is on active duty pursuant to an executive
8order of the President of the United States, an act of the
9Congress of the United States, or an order of the Governor at
10the time that the member would otherwise be required to
11fulfill a particular education requirement. Such a person must
12fulfill the education requirement within 6 months after his or
13her release from active duty.
14    (e) In the event that any rule of the Department or an EMS
15Medical Director that requires testing for drug use as a
16condition of the applicable EMS personnel license conflicts
17with or duplicates a provision of a collective bargaining
18agreement that requires testing for drug use, that rule shall
19not apply to any person covered by the collective bargaining
21    (f) At the time of applying for or renewing his or her
22license, an applicant for a license or license renewal may
23submit an email address to the Department. The Department
24shall keep the email address on file as a form of contact for
25the individual. The Department shall send license renewal
26notices electronically and by mail to a licensee all licensees



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1who provides provide the Department with his or her email
2address. The notices shall be sent at least 60 days prior to
3the expiration date of the license.
4(Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19;
5101-153, eff. 1-1-20; revised 12-3-19.)
6    (210 ILCS 50/3.85)
7    Sec. 3.85. Vehicle Service Providers.
8    (a) "Vehicle Service Provider" means an entity licensed by
9the Department to provide emergency or non-emergency medical
10services in compliance with this Act, the rules promulgated by
11the Department pursuant to this Act, and an operational plan
12approved by its EMS System(s), utilizing at least ambulances
13or specialized emergency medical service vehicles (SEMSV).
14        (1) "Ambulance" means any publicly or privately owned
15    on-road vehicle that is specifically designed, constructed
16    or modified and equipped, and is intended to be used for,
17    and is maintained or operated for the emergency
18    transportation of persons who are sick, injured, wounded
19    or otherwise incapacitated or helpless, or the
20    non-emergency medical transportation of persons who
21    require the presence of medical personnel to monitor the
22    individual's condition or medical apparatus being used on
23    such individuals.
24        (2) "Specialized Emergency Medical Services Vehicle"
25    or "SEMSV" means a vehicle or conveyance, other than those



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1    owned or operated by the federal government, that is
2    primarily intended for use in transporting the sick or
3    injured by means of air, water, or ground transportation,
4    that is not an ambulance as defined in this Act. The term
5    includes watercraft, aircraft and special purpose ground
6    transport vehicles or conveyances not intended for use on
7    public roads.
8        (3) An ambulance or SEMSV may also be designated as a
9    Limited Operation Vehicle or Special-Use Vehicle:
10            (A) "Limited Operation Vehicle" means a vehicle
11        which is licensed by the Department to provide basic,
12        intermediate or advanced life support emergency or
13        non-emergency medical services that are exclusively
14        limited to specific events or locales.
15            (B) "Special-Use Vehicle" means any publicly or
16        privately owned vehicle that is specifically designed,
17        constructed or modified and equipped, and is intended
18        to be used for, and is maintained or operated solely
19        for the emergency or non-emergency transportation of a
20        specific medical class or category of persons who are
21        sick, injured, wounded or otherwise incapacitated or
22        helpless (e.g. high-risk obstetrical patients,
23        neonatal patients).
24            (C) "Reserve Ambulance" means a vehicle that meets
25        all criteria set forth in this Section and all
26        Department rules, except for the required inventory of



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1        medical supplies and durable medical equipment, which
2        may be rapidly transferred from a fully functional
3        ambulance to a reserve ambulance without the use of
4        tools or special mechanical expertise.
5    (b) The Department shall have the authority and
6responsibility to:
7        (1) Require all Vehicle Service Providers, both
8    publicly and privately owned, to function within an EMS
9    System.
10        (2) Require a Vehicle Service Provider utilizing
11    ambulances to have a primary affiliation with an EMS
12    System within the EMS Region in which its Primary Service
13    Area is located, which is the geographic areas in which
14    the provider renders the majority of its emergency
15    responses. This requirement shall not apply to Vehicle
16    Service Providers which exclusively utilize Limited
17    Operation Vehicles.
18        (3) Establish licensing standards and requirements for
19    Vehicle Service Providers, through rules adopted pursuant
20    to this Act, including but not limited to:
21            (A) Vehicle design, specification, operation and
22        maintenance standards, including standards for the use
23        of reserve ambulances;
24            (B) Equipment requirements;
25            (C) Staffing requirements; and
26            (D) License renewal at intervals determined by the



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1        Department, which shall be not less than every 4
2        years.
3        The Department's standards and requirements with
4    respect to vehicle staffing for private, nonpublic local
5    government employers must allow for an alternative rural
6    staffing models that include an EMR who drives an
7    ambulance with a licensed EMT, EMT-I, A-EMT, Paramedic, or
8    PHRN, as appropriate, in the patient compartment providing
9    care to the patient pursuant to the approval of the EMS
10    System Program Plan developed and approved by the EMS
11    Medical Director for an EMS System. The Department shall
12    monitor the implementation and performance of alternative
13    staffing models and may issue a notice of termination of
14    an alternative staffing model only upon evidence that an
15    EMS System Program Plan is not being adhered to.
16        An EMS System Program Plan for a Basic Life Support
17    transport utilizing an EMR and an EMT shall include the
18    following:
19            (A) Alternative staffing models for a Basic Life
20        Support transport utilizing an EMR and an EMT shall
21        only be utilized for interfacility Basic Life Support
22        transports and medical appointments, excluding any
23        transport to or from a dialysis center.
24            (B) Protocols that shall include dispatch
25        procedures to properly screen and assess patients for
26        EMR-staffed and EMT-staffed Basic Life Support



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1        transport.
2            (C) A requirement that a provider shall implement
3        a quality assurance plan with mechanisms outlined to
4        audit dispatch screening and the outcome of transports
5        performed.
6            (D) The EMT shall have at least one year of
7        experience in performance of pre-hospital emergency
8        care.
9            (E) The licensed EMR must complete a defensive
10        driving course prior to participation in the
11        Department's alternative staffing model.
12            (F) The length of the EMS System Program Plan for a
13        Basic Life Support transport utilizing an EMR and an
14        EMT shall be for one year, and must be renewed annually
15        if proof of the criteria being met is submitted,
16        validated, and approved by the EMS Medical Director
17        for the EMS System and the Department.
18        The Department must allow for an alternative rural
19    staffing model for those vehicle service providers that
20    serve a rural or semi-rural population of 10,000 or fewer
21    inhabitants and exclusively uses volunteers, paid-on-call,
22    or a combination thereof.
23        (4) License all Vehicle Service Providers that have
24    met the Department's requirements for licensure, unless
25    such Provider is owned or licensed by the federal
26    government. All Provider licenses issued by the Department



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1    shall specify the level and type of each vehicle covered
2    by the license (BLS, ILS, ALS, ambulance, SEMSV, limited
3    operation vehicle, special use vehicle, reserve
4    ambulance).
5        (5) Annually inspect all licensed vehicles operated by
6    Vehicle Service Providers.
7        (6) Suspend, revoke, refuse to issue or refuse to
8    renew the license of any Vehicle Service Provider, or that
9    portion of a license pertaining to a specific vehicle
10    operated by the Provider, after an opportunity for a
11    hearing, when findings show that the Provider or one or
12    more of its vehicles has failed to comply with the
13    standards and requirements of this Act or rules adopted by
14    the Department pursuant to this Act.
15        (7) Issue an Emergency Suspension Order for any
16    Provider or vehicle licensed under this Act, when the
17    Director or his designee has determined that an immediate
18    and serious danger to the public health, safety and
19    welfare exists. Suspension or revocation proceedings which
20    offer an opportunity for hearing shall be promptly
21    initiated after the Emergency Suspension Order has been
22    issued.
23        (8) Exempt any licensed vehicle from subsequent
24    vehicle design standards or specifications required by the
25    Department, as long as said vehicle is continuously in
26    compliance with the vehicle design standards and



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1    specifications originally applicable to that vehicle, or
2    until said vehicle's title of ownership is transferred.
3        (9) Exempt any vehicle (except an SEMSV) which was
4    being used as an ambulance on or before December 15, 1980,
5    from vehicle design standards and specifications required
6    by the Department, until said vehicle's title of ownership
7    is transferred. Such vehicles shall not be exempt from all
8    other licensing standards and requirements prescribed by
9    the Department.
10        (10) Prohibit any Vehicle Service Provider from
11    advertising, identifying its vehicles, or disseminating
12    information in a false or misleading manner concerning the
13    Provider's type and level of vehicles, location, primary
14    service area, response times, level of personnel,
15    licensure status or System participation.
16        (10.5) Prohibit any Vehicle Service Provider, whether
17    municipal, private, or hospital-owned, from advertising
18    itself as a critical care transport provider unless it
19    participates in a Department-approved EMS System critical
20    care transport plan.
21        (11) Charge each Vehicle Service Provider a fee per
22    transport vehicle, due annually at time of inspection. The
23    fee per transport vehicle shall be set by administrative
24    rule by the Department and shall not exceed 100 vehicles
25    per provider.
26(Source: P.A. 97-333, eff. 8-12-11; 97-1014, eff. 1-1-13;



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198-452, eff. 1-1-14.)
2    (210 ILCS 50/3.155)
3    Sec. 3.155. General Provisions.
4    (a) Authority and responsibility for the EMS System shall
5be vested in the EMS Resource Hospital, through the EMS
6Medical Director or his designee.
7    (b) For an inter-hospital emergency or non-emergency
8medical transport, in which the physician from the sending
9hospital provides the EMS personnel with written medical
10orders, such written medical orders cannot exceed the scope of
11care which the EMS personnel are authorized to render pursuant
12to this Act.
13    (c) For an inter-hospital emergency or non-emergency
14medical transport of a patient who requires medical care
15beyond the scope of care which the EMS personnel are
16authorized to render pursuant to this Act, a qualified
17physician, nurse, perfusionist, or respiratory therapist
18familiar with the scope of care needed must accompany the
19patient and the transferring hospital and physician shall
20assume medical responsibility for that portion of the medical
22    (d) No emergency medical services vehicles or personnel
23from another State or nation may be utilized on a regular basis
24to pick up and transport patients within this State without
25first complying with this Act and all rules adopted by the



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1Department pursuant to this Act.
2    (e) This Act shall not prevent emergency medical services
3vehicles or personnel from another State or nation from
4rendering requested assistance in this State in a disaster
5situation, or operating from a location outside the State and
6occasionally transporting patients into this State for needed
7medical care. Except as provided in Section 31 of this Act,
8this Act shall not provide immunity from liability for such
10    (f) Except as provided in subsection (e) of this Section,
11no person or entity shall transport emergency or non-emergency
12patients by ambulance, SEMSV, or medical carrier without first
13complying with the provisions of this Act and all rules
14adopted pursuant to this Act.
15    (g) Nothing in this Act or the rules adopted by the
16Department under this Act shall be construed to authorize any
17medical treatment to or transportation of any person who
18objects on religious grounds.
19    (h) Patients, individuals who accompany a patient, and
20emergency medical services personnel may not smoke while
21inside an ambulance or SEMSV. The Department of Public Health
22may impose a civil penalty on an individual who violates this
23subsection in the amount of $100.
24    (i) When a patient has been determined by EMS personnel to
25(1) have no immediate life-threatening injuries or illness,
26(2) not be under the influence of drugs or alcohol, (3) have no



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1immediate or obvious need for transport to an emergency
2department, and (4) have an immediate need for transport to an
3EMS System-approved mental health facility, the EMS personnel
4may contact Online Medical Control or his or her EMS Medical
5Director or Emergency Communications Registered Nurse to
6request bypass or diversion of the closest emergency
7department, as outlined in paragraph (5) of subsection (c) of
8Section 3.20, and request transport to the closest or
9appropriate EMS System-approved mental health facility. In
10addition, EMS personnel may transport a patient to an EMS
11System-approved urgent care or immediate care facility that
12meets the proper criteria and is approved by Online Medical
13Control or his or her EMS Medical Director or Emergency
14Communications Registered Nurse.
15(Source: P.A. 92-376, eff. 8-15-01.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".