HB3255 EngrossedLRB097 09107 RPM 49242 b

1    AN ACT concerning health facilities.
 
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 Section 3.50 as follows:
 
6    (210 ILCS 50/3.50)
7    Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
8    (a) "Emergency Medical Technician-Basic" or "EMT-B" means
9a person who has successfully completed a course of instruction
10in basic life support as prescribed by the Department, is
11currently licensed by the Department in accordance with
12standards prescribed by this Act and rules adopted by the
13Department pursuant to this Act, and practices within an EMS
14System.
15    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
16means a person who has successfully completed a course of
17instruction in intermediate life support as prescribed by the
18Department, is currently licensed by the Department in
19accordance with standards prescribed by this Act and rules
20adopted by the Department pursuant to this Act, and practices
21within an Intermediate or Advanced Life Support EMS System.
22    (c) "Emergency Medical Technician-Paramedic" or "EMT-P"
23means a person who has successfully completed a course of

 

 

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1instruction in advanced life support care as prescribed by the
2Department, is licensed by the Department in accordance with
3standards prescribed by this Act and rules adopted by the
4Department pursuant to this Act, and practices within an
5Advanced Life Support EMS System.
6    (d) The Department shall have the authority and
7responsibility to:
8        (1) Prescribe education and training requirements,
9    which includes training in the use of epinephrine, for all
10    levels of EMT, based on the respective national curricula
11    of the United States Department of Transportation and any
12    modifications to such curricula specified by the
13    Department through rules adopted pursuant to this Act.
14        (2) Prescribe licensure testing requirements for all
15    levels of EMT, which shall include a requirement that all
16    phases of instruction, training, and field experience be
17    completed before taking the EMT licensure examination.
18    Candidates may elect to take the National Registry of
19    Emergency Medical Technicians examination in lieu of the
20    Department's examination, but are responsible for making
21    their own arrangements for taking the National Registry
22    examination.
23        (2.5) Review applications for EMT licensure from
24    honorably discharged members of the armed forces of the
25    United States with military emergency medical training.
26    Applications shall be filed with the Department within one

 

 

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

 

 

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1    licensed Emergency Medical Technician whose license has
2    been expired for less than 36 months may apply for
3    reinstatement by the Department. Reinstatement shall
4    require that the applicant (i) submit satisfactory proof of
5    completion of continuing medical education and clinical
6    requirements to be prescribed by the Department in an
7    administrative rule; (ii) submit a positive recommendation
8    from an Illinois EMS Medical Director attesting to the
9    applicant's qualifications for retesting; and (iii) pass a
10    Department approved test for the level of EMT license
11    sought to be reinstated.
12        (6) Grant inactive status to any EMT who qualifies,
13    based on standards and procedures established by the
14    Department in rules adopted pursuant to this Act.
15        (7) Charge a fee for EMT examination, licensure, and
16    license renewal.
17        (8) Suspend, revoke, or refuse to issue or renew the
18    license of any licensee, after an opportunity for an
19    impartial hearing before a neutral administrative law
20    judge appointed by the Director, where the preponderance of
21    the evidence shows one or more of the following:
22            (A) The licensee has not met continuing education
23        or relicensure requirements as prescribed by the
24        Department;
25            (B) The licensee has failed to maintain
26        proficiency in the level of skills for which he or she

 

 

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

 

 

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1        offense.
2        (9) An EMT who is an Illinois State Trooper or
3    exclusively serves as a volunteer for units of local
4    government with a population base of less than 5,000 or as
5    a volunteer for a not-for-profit organization that serves a
6    service area with a population base of less than 5,000 may
7    submit an application to the Department for a waiver of
8    these fees on a form prescribed by the Department.
9    The education requirements prescribed by the Department
10under this subsection must allow for the suspension of those
11requirements in the case of a member of the armed services or
12reserve forces of the United States or a member of the Illinois
13National Guard who is on active duty pursuant to an executive
14order of the President of the United States, an act of the
15Congress of the United States, or an order of the Governor at
16the time that the member would otherwise be required to fulfill
17a particular education requirement. Such a person must fulfill
18the education requirement within 6 months after his or her
19release from active duty.
20    (e) In the event that any rule of the Department or an EMS
21Medical Director that requires testing for drug use as a
22condition for EMT licensure conflicts with or duplicates a
23provision of a collective bargaining agreement that requires
24testing for drug use, that rule shall not apply to any person
25covered by the collective bargaining agreement.
26(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;

 

 

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196-1469, eff. 1-1-11; revised 9-16-10.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.