HB3186 EngrossedLRB098 10920 DRJ 41464 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 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
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. In prescribing licensure testing requirements
23    for honorably discharged members of the armed forces of the
24    United States under this paragraph (2), the Department
25    shall ensure that a candidate's military emergency medical
26    training, emergency medical curriculum completed, and



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1    clinical experience, as described in paragraph (2.5), are
2    recognized.
3        (2.5) Review applications for EMT licensure from
4    honorably discharged members of the armed forces of the
5    United States with military emergency medical training.
6    Applications shall be filed with the Department within one
7    year after military discharge and shall contain: (i) proof
8    of successful completion of military emergency medical
9    training; (ii) a detailed description of the emergency
10    medical curriculum completed; and (iii) a detailed
11    description of the applicant's clinical experience. The
12    Department may request additional and clarifying
13    information. The Department shall evaluate the
14    application, including the applicant's training and
15    experience, consistent with the standards set forth under
16    subsections (a), (b), (c), and (d) of Section 3.10. If the
17    application clearly demonstrates that the training and
18    experience meets such standards, the Department shall
19    offer the applicant the opportunity to successfully
20    complete a Department-approved EMT examination for which
21    the applicant is qualified. Upon passage of an examination,
22    the Department shall issue a license, which shall be
23    subject to all provisions of this Act that are otherwise
24    applicable to the class of EMT license issued.
25        (3) License individuals as an EMT-B, EMT-I, or EMT-P
26    who have met the Department's education, training and



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1    examination requirements.
2        (4) Prescribe annual continuing education and
3    relicensure requirements for all levels of EMT. If an
4    EMT-B, EMT-I, or EMT-P has been actively involved in
5    serving as an EMT in a rural area on a volunteer or
6    paid-on-call basis, or a combination of volunteer and
7    paid-on-call, during the period since he or she was
8    licensed or last relicensed (whichever occurred later),
9    the Department shall deem that service as satisfying 50% of
10    the number of hours of continuing education otherwise
11    required for relicensure. The Department shall adopt rules
12    defining "actively involved" and "rural area".
13        (5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
14    every 4 years, based on their compliance with continuing
15    education and relicensure requirements. An Illinois
16    licensed Emergency Medical Technician whose license has
17    been expired for less than 36 months may apply for
18    reinstatement by the Department. Reinstatement shall
19    require that the applicant (i) submit satisfactory proof of
20    completion of continuing medical education and clinical
21    requirements to be prescribed by the Department in an
22    administrative rule; (ii) submit a positive recommendation
23    from an Illinois EMS Medical Director attesting to the
24    applicant's qualifications for retesting; and (iii) pass a
25    Department approved test for the level of EMT license
26    sought to be reinstated.



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



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1        skills and functions for which he or she is licensed,
2        as verified by a physician, unless the person is on
3        inactive status pursuant to Department regulations;
4            (F) The licensee is mentally impaired to the extent
5        that he or she cannot exercise the appropriate
6        judgment, skill and safety for performing the
7        functions for which he or she is licensed, as verified
8        by a physician, unless the person is on inactive status
9        pursuant to Department regulations;
10            (G) The licensee has violated this Act or any rule
11        adopted by the Department pursuant to this Act; or
12            (H) The licensee has been convicted (or entered a
13        plea of guilty or nolo-contendere) by a court of
14        competent jurisdiction of a Class X, Class 1, or Class
15        2 felony in this State or an out-of-state equivalent
16        offense.
17    (9) An EMT who is a member of the Illinois National Guard
18or an Illinois State Trooper or who exclusively serves as a
19volunteer for units of local government with a population base
20of less than 5,000 or as a volunteer for a not-for-profit
21organization that serves a service area with a population base
22of less than 5,000 may submit an application to the Department
23for a waiver of the these fees described under paragraph (7) on
24a form prescribed by the Department.
25    The education requirements prescribed by the Department
26under this subsection must allow for the suspension of those



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1requirements in the case of a member of the armed services or
2reserve forces of the United States or a member of the Illinois
3National Guard who is on active duty pursuant to an executive
4order of the President of the United States, an act of the
5Congress of the United States, or an order of the Governor at
6the time that the member would otherwise be required to fulfill
7a particular education requirement. Such a person must fulfill
8the education requirement within 6 months after his or her
9release from active duty.
10    (e) In the event that any rule of the Department or an EMS
11Medical Director that requires testing for drug use as a
12condition for EMT licensure conflicts with or duplicates a
13provision of a collective bargaining agreement that requires
14testing for drug use, that rule shall not apply to any person
15covered by the collective bargaining agreement.
16(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;
1796-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff.
188-23-11; 97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; revised