Illinois General Assembly - Full Text of SB0761
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Full Text of SB0761  103rd General Assembly

SB0761enr 103RD GENERAL ASSEMBLY



 


 
SB0761 EnrolledLRB103 03215 CPF 48221 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
5Act is amended by changing Sections 3.20, 3.55, and 3.85 and by
6adding Section 3.22 as follows:
 
7    (210 ILCS 50/3.20)
8    Sec. 3.20. Emergency Medical Services (EMS) Systems.
9    (a) "Emergency Medical Services (EMS) System" means an
10organization of hospitals, vehicle service providers and
11personnel approved by the Department in a specific geographic
12area, which coordinates and provides pre-hospital and
13inter-hospital emergency care and non-emergency medical
14transports at a BLS, ILS and/or ALS level pursuant to a System
15program plan submitted to and approved by the Department, and
16pursuant to the EMS Region Plan adopted for the EMS Region in
17which the System is located.
18    (b) One hospital in each System program plan must be
19designated as the Resource Hospital. All other hospitals which
20are located within the geographic boundaries of a System and
21which have standby, basic or comprehensive level emergency
22departments must function in that EMS System as either an
23Associate Hospital or Participating Hospital and follow all

 

 

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1System policies specified in the System Program Plan,
2including but not limited to the replacement of drugs and
3equipment used by providers who have delivered patients to
4their emergency departments. All hospitals and vehicle service
5providers participating in an EMS System must specify their
6level of participation in the System Program Plan.
7    (c) The Department shall have the authority and
8responsibility to:
9        (1) Approve BLS, ILS and ALS level EMS Systems which
10    meet minimum standards and criteria established in rules
11    adopted by the Department pursuant to this Act, including
12    the submission of a Program Plan for Department approval.
13    Beginning September 1, 1997, the Department shall approve
14    the development of a new EMS System only when a local or
15    regional need for establishing such System has been
16    verified by the Department. This shall not be construed as
17    a needs assessment for health planning or other purposes
18    outside of this Act. Following Department approval, EMS
19    Systems must be fully operational within one year from the
20    date of approval.
21        (2) Monitor EMS Systems, based on minimum standards
22    for continuing operation as prescribed in rules adopted by
23    the Department pursuant to this Act, which shall include
24    requirements for submitting Program Plan amendments to the
25    Department for approval.
26        (3) Renew EMS System approvals every 4 years, after an

 

 

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1    inspection, based on compliance with the standards for
2    continuing operation prescribed in rules adopted by the
3    Department pursuant to this Act.
4        (4) Suspend, revoke, or refuse to renew approval of
5    any EMS System, after providing an opportunity for a
6    hearing, when findings show that it does not meet the
7    minimum standards for continuing operation as prescribed
8    by the Department, or is found to be in violation of its
9    previously approved Program Plan.
10        (5) Require each EMS System to adopt written protocols
11    for the bypassing of or diversion to any hospital, trauma
12    center or regional trauma center, which provide that a
13    person shall not be transported to a facility other than
14    the nearest hospital, regional trauma center or trauma
15    center unless the medical benefits to the patient
16    reasonably expected from the provision of appropriate
17    medical treatment at a more distant facility outweigh the
18    increased risks to the patient from transport to the more
19    distant facility, or the transport is in accordance with
20    the System's protocols for patient choice or refusal.
21        (6) Require that the EMS Medical Director of an ILS or
22    ALS level EMS System be a physician licensed to practice
23    medicine in all of its branches in Illinois, and certified
24    by the American Board of Emergency Medicine or the
25    American Osteopathic Board of Emergency Medicine, and that
26    the EMS Medical Director of a BLS level EMS System be a

 

 

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1    physician licensed to practice medicine in all of its
2    branches in Illinois, with regular and frequent
3    involvement in pre-hospital emergency medical services. In
4    addition, all EMS Medical Directors shall:
5            (A) Have experience on an EMS vehicle at the
6        highest level available within the System, or make
7        provision to gain such experience within 12 months
8        prior to the date responsibility for the System is
9        assumed or within 90 days after assuming the position;
10            (B) Be thoroughly knowledgeable of all skills
11        included in the scope of practices of all levels of EMS
12        personnel within the System;
13            (C) Have or make provision to gain experience
14        instructing students at a level similar to that of the
15        levels of EMS personnel within the System; and
16            (D) For ILS and ALS EMS Medical Directors,
17        successfully complete a Department-approved EMS
18        Medical Director's Course.
19        (7) Prescribe statewide EMS data elements to be
20    collected and documented by providers in all EMS Systems
21    for all emergency and non-emergency medical services, with
22    a one-year phase-in for commencing collection of such data
23    elements.
24        (8) Define, through rules adopted pursuant to this
25    Act, the terms "Resource Hospital", "Associate Hospital",
26    "Participating Hospital", "Basic Emergency Department",

 

 

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1    "Standby Emergency Department", "Comprehensive Emergency
2    Department", "EMS Medical Director", "EMS Administrative
3    Director", and "EMS System Coordinator".
4            (A) (Blank).
5            (B) (Blank).
6        (9) Investigate the circumstances that caused a
7    hospital in an EMS system to go on bypass status to
8    determine whether that hospital's decision to go on bypass
9    status was reasonable. The Department may impose
10    sanctions, as set forth in Section 3.140 of the Act, upon a
11    Department determination that the hospital unreasonably
12    went on bypass status in violation of the Act.
13        (10) Evaluate the capacity and performance of any
14    freestanding emergency center established under Section
15    32.5 of this Act in meeting emergency medical service
16    needs of the public, including compliance with applicable
17    emergency medical standards and assurance of the
18    availability of and immediate access to the highest
19    quality of medical care possible.
20        (11) Permit limited EMS System participation by
21    facilities operated by the United States Department of
22    Veterans Affairs, Veterans Health Administration. Subject
23    to patient preference, Illinois EMS providers may
24    transport patients to Veterans Health Administration
25    facilities that voluntarily participate in an EMS System.
26    Any Veterans Health Administration facility seeking

 

 

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1    limited participation in an EMS System shall agree to
2    comply with all Department administrative rules
3    implementing this Section. The Department may promulgate
4    rules, including, but not limited to, the types of
5    Veterans Health Administration facilities that may
6    participate in an EMS System and the limitations of
7    participation.
8        (12) Ensure that EMS systems are transporting pregnant
9    women to the appropriate facilities based on the
10    classification of the levels of maternal care described
11    under subsection (a) of Section 2310-223 of the Department
12    of Public Health Powers and Duties Law of the Civil
13    Administrative Code of Illinois.
14        (13) Provide administrative support to the EMT
15    Training, Recruitment, and Retention Task Force.
16(Source: P.A. 101-447, eff. 8-23-19.)
 
17    (210 ILCS 50/3.22 new)
18    Sec. 3.22. EMT Training, Recruitment, and Retention Task
19Force.
20    (a) The EMT Training, Recruitment, and Retention Task
21Force is created to address the following:
22        (1) the impact that the EMT and Paramedic shortage is
23    having on this State's EMS System and health care system;
24        (2) barriers to the training, recruitment, and
25    retention of Emergency Medical Technicians throughout this

 

 

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1    State;
2        (3) steps that the State of Illinois can take,
3    including coordination and identification of State and
4    federal funding sources, to assist Illinois high schools,
5    community colleges, and ground ambulance providers to
6    train, recruit, and retain emergency medical technicians;
7        (4) the examination of current testing mechanisms for
8    EMRs, EMTs, and Paramedics and the utilization of the
9    National Registry of Emergency Medical Technicians,
10    including current pass rates by licensure level, national
11    utilization, and test preparation strategies;
12        (5) how apprenticeship programs, local, regional, and
13    statewide, can be utilized to recruit and retain EMRs,
14    EMTs, and Paramedics;
15        (6) how ground ambulance reimbursement affects the
16    recruitment and retention of EMTs and Paramedics; and
17        (7) all other areas that the Task Force deems
18    necessary to examine and assist in the recruitment and
19    retention of EMTs and Paramedics.
20    (b) The Task Force shall be comprised of the following
21members:
22        (1) one member of the Illinois General Assembly,
23    appointed by the President of the Senate, who shall serve
24    as co-chair;
25        (2) one member of the Illinois General Assembly,
26    appointed by the Speaker of the House of Representatives;

 

 

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1        (3) one member of the Illinois General Assembly,
2    appointed by the Senate Minority Leader;
3        (4) one member of the Illinois General Assembly,
4    appointed by the House Minority Leader, who shall serve as
5    co-chair;
6        (5) 9 members representing private ground ambulance
7    providers throughout this State representing for-profit
8    and non-profit rural and urban ground ambulance providers,
9    appointed by the President of the Senate;
10        (6) 3 members representing hospitals, appointed by the
11    Speaker of the House of Representatives, with one member
12    representing safety net hospitals and one member
13    representing rural hospitals;
14        (7) 3 members representing a statewide association of
15    nursing homes, appointed by the President of the Senate;
16        (8) one member representing the State Board of
17    Education, appointed by the House Minority Leader;
18        (9) 2 EMS Medical Directors from a Regional EMS
19    Medical Directors Committee, appointed by the Governor;
20    and
21        (10) one member representing the Illinois Community
22    College Systems, appointed by the Minority Leader of the
23    Senate.
24    (c) Members of the Task Force shall serve without
25compensation.
26    (d) The Task Force shall convene at the call of the

 

 

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1co-chairs and shall hold at least 6 meetings.
2    (e) The Task Force shall submit its final report to the
3General Assembly and the Governor no later than January 1,
42024, and upon the submission of its final report, the Task
5Force shall be dissolved.
 
6    (210 ILCS 50/3.55)
7    Sec. 3.55. Scope of practice.
8    (a) Any person currently licensed as an EMR, EMT, EMT-I,
9A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency
10and non-emergency medical services as defined in this Act, in
11accordance with his or her level of education, training and
12licensure, the standards of performance and conduct prescribed
13by the Department in rules adopted pursuant to this Act, and
14the requirements of the EMS System in which he or she
15practices, as contained in the approved Program Plan for that
16System. The Director may, by written order, temporarily modify
17individual scopes of practice in response to public health
18emergencies for periods not exceeding 180 days.
19    (a-5) EMS personnel who have successfully completed a
20Department approved course in automated defibrillator
21operation and who are functioning within a Department approved
22EMS System may utilize such automated defibrillator according
23to the standards of performance and conduct prescribed by the
24Department in rules adopted pursuant to this Act and the
25requirements of the EMS System in which they practice, as

 

 

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

 

 

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

 

 

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1Paramedic may transport a police dog injured in the line of
2duty to a veterinary clinic or similar facility if there are no
3persons requiring medical attention or transport at that time.
4For the purposes of this subsection, "police dog" means a dog
5owned or used by a law enforcement department or agency in the
6course of the department or agency's work, including a search
7and rescue dog, service dog, accelerant detection canine, or
8other dog that is in use by a county, municipal, or State law
9enforcement agency.
10    (f) Nothing in this Act shall be construed to prohibit an
11EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an
12initial Occupational Safety and Health Administration
13Respirator Medical Evaluation Questionnaire on behalf of fire
14service personnel, as permitted by his or her EMS System
15Medical Director.
16    (g) An EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA
17shall be eligible to work for another EMS System for a period
18not to exceed 2 weeks if the individual is under the direct
19supervision of another licensed individual operating at the
20same or higher level as the EMT, EMT-I, A-EMT, Paramedic,
21PHRN, PHAPRN, or PHPA; obtained approval in writing from the
22EMS System's Medical Director; and tests into the EMS System
23based upon appropriate standards as outlined in the EMS System
24Program Plan. The EMS System within which the EMT, EMT-I,
25A-EMT, Paramedic, PHRN, PHAPRN, or PHPA is seeking to join
26must make all required testing available to the EMT, EMT-I,

 

 

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1A-EMT, Paramedic, PHRN, PHAPRN, or PHPA within 2 weeks after
2the written request. Failure to do so by the EMS System shall
3allow the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA
4to continue working for another EMS System until all required
5testing becomes available.
6(Source: P.A. 102-79, eff. 1-1-22.)
 
7    (210 ILCS 50/3.85)
8    Sec. 3.85. Vehicle Service Providers.
9    (a) "Vehicle Service Provider" means an entity licensed by
10the Department to provide emergency or non-emergency medical
11services in compliance with this Act, the rules promulgated by
12the Department pursuant to this Act, and an operational plan
13approved by its EMS System(s), utilizing at least ambulances
14or specialized emergency medical service vehicles (SEMSV).
15        (1) "Ambulance" means any publicly or privately owned
16    on-road vehicle that is specifically designed, constructed
17    or modified and equipped, and is intended to be used for,
18    and is maintained or operated for the emergency
19    transportation of persons who are sick, injured, wounded
20    or otherwise incapacitated or helpless, or the
21    non-emergency medical transportation of persons who
22    require the presence of medical personnel to monitor the
23    individual's condition or medical apparatus being used on
24    such individuals.
25        (2) "Specialized Emergency Medical Services Vehicle"

 

 

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

 

 

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

 

 

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1            (D) License renewal at intervals determined by the
2        Department, which shall be not less than every 4
3        years.
4        The Department's standards and requirements with
5    respect to vehicle staffing for private, nonpublic local
6    government employers must allow for alternative staffing
7    models that include an EMR who drives an ambulance with a
8    licensed EMT, EMT-I, A-EMT, Paramedic, or PHRN, as
9    appropriate, in the patient compartment providing care to
10    the patient pursuant to the approval of the EMS System
11    Program Plan developed and approved by the EMS Medical
12    Director for an EMS System. The EMS personnel licensed at
13    the highest level shall provide the initial assessment of
14    the patient to determine the level of care required for
15    transport to the receiving health care facility, and this
16    assessment shall be documented in the patient care report
17    and documented with online medical control. The EMS
18    personnel licensed at or above the level of care required
19    by the specific patient as directed by the EMS Medical
20    Director shall be the primary care provider en route to
21    the destination facility or patient's residence. The
22    Department shall monitor the implementation and
23    performance of alternative staffing models and may issue a
24    notice of termination of an alternative staffing model
25    only upon evidence that an EMS System Program Plan is not
26    being adhered to. Adoption of an alternative staffing

 

 

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1    model shall not result in a Vehicle Service Provider being
2    prohibited or limited in the utilization of its staff or
3    equipment from providing any of the services authorized by
4    this Act or as otherwise outlined in the approved EMS
5    System Program Plan, including, without limitation, the
6    deployment of resources to provide out-of-state disaster
7    response. EMS System Program Plans must address a process
8    for out-of-state disaster response deployments that must
9    meet the following:
10            (A) All deployments to provide out-of-state
11        disaster response must first be approved by the EMS
12        Medical Director and submitted to the Department.
13            (B) The submission must include the number of
14        units being deployed, vehicle identification numbers,
15        length of deployment, and names of personnel and their
16        licensure level.
17            (C) Ensure that all necessary in-state requests
18        for services will be covered during the duration of
19        the deployment.
20        An EMS System Program Plan for a Basic Life Support,
21    advanced life support, and critical care transport
22    utilizing an EMR and an EMT shall include the following:
23            (A) Alternative staffing models for a Basic Life
24        Support transport utilizing an EMR and an EMT shall
25        only be utilized for interfacility Basic Life Support
26        transports as specified by the EMS System Program Plan

 

 

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1        as determined by the EMS System Medical Director and
2        medical appointments, excluding any transport to or
3        from a dialysis center.
4            (B) Protocols that shall include dispatch
5        procedures to properly screen and assess patients for
6        EMR-staffed transports and EMT-staffed Basic Life
7        Support transport.
8            (C) A requirement that a provider and EMS System
9        shall implement a quality assurance plan that shall
10        include for the initial waiver period the review of at
11        least 5% of total interfacility transports utilizing
12        an EMR with mechanisms outlined to audit dispatch
13        screening, reason for transport, patient diagnosis,
14        level of care, and the outcome of transports
15        performed. Quality assurance reports must be submitted
16        and reviewed by the provider and EMS System monthly
17        and made available to the Department upon request. The
18        percentage of transports reviewed under quality
19        assurance plans for renewal periods shall be
20        determined by the EMS Medical Director, however, it
21        shall not be less than 3%.
22            (D) The EMS System Medical Director shall develop
23        a minimum set of requirements for individuals based on
24        level of licensure that includes education, training,
25        and credentialing for all team members identified to
26        participate in an alternative staffing plan. The EMT,

 

 

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1        Paramedic, PHRN, PHPA, PHAPRN, and critical care
2        transport staff shall have the minimum at least one
3        year of experience in performance of pre-hospital and
4        inter-hospital emergency care, as determined by the
5        EMS Medical Director in accordance with the EMS System
6        Program Plan, but at a minimum of 6 months of
7        prehospital experience or at least 50 documented
8        patient care interventions during transport as the
9        primary care provider and approved by the Department.
10            (E) The licensed EMR must complete a defensive
11        driving course prior to participation in the
12        Department's alternative staffing model.
13            (F) The length of the EMS System Program Plan for a
14        Basic Life Support transport utilizing an EMR and an
15        EMT shall be for one year, and must be renewed annually
16        if proof of the criteria being met is submitted,
17        validated, and approved by the EMS Medical Director
18        for the EMS System and the Department.
19            (G) Beginning July 1, 2023, the utilization of
20        EMRs for advanced life support transports and Tier III
21        Critical Care Transports shall be allowed for periods
22        not to exceed 3 years under a pilot program. The pilot
23        program shall not be implemented before Department
24        approval. Agencies requesting to utilize this staffing
25        model for the time period of the pilot program must
26        complete the following:

 

 

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1                (i) Submit a waiver request to the Department
2            requesting to participate in the pilot program
3            with specific details of how quality assurance and
4            improvement will be gathered, measured, reported
5            to the Department, and reviewed and utilized
6            internally by the participating agency.
7                (ii) Submit a signed approval letter from the
8            EMS System Medical Director approving
9            participation in the pilot program.
10                (iii) Submit updated EMS System plans,
11            additional education, and training of the EMR and
12            protocols related to the pilot program.
13                (iv) Submit agency policies and procedures
14            related to the pilot program.
15                (v) Submit the number of individuals currently
16            participating and committed to participating in
17            education programs to achieve a higher level of
18            licensure at the time of submission.
19                (vi) Submit an explanation of how the provider
20            will support individuals obtaining a higher level
21            of licensure and encourage a higher level of
22            licensure during the year of the alternative
23            staffing plan and specific examples of recruitment
24            and retention activities or initiatives.
25            Upon submission of a renewal application and
26        recruitment and retention plan, the provider shall

 

 

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1        include additional data regarding current employment
2        numbers, attrition rates over the year, and activities
3        and initiatives over the previous year to address
4        recruitment and retention.
5            The information required under this subparagraph
6        (G) shall be provided to and retained by the EMS System
7        upon initial application and renewal and shall be
8        provided to the Department upon request.
9        The Department must allow for an alternative rural
10    staffing model for those vehicle service providers that
11    serve a rural or semi-rural population of 10,000 or fewer
12    inhabitants and exclusively uses volunteers, paid-on-call,
13    or a combination thereof.
14        (4) License all Vehicle Service Providers that have
15    met the Department's requirements for licensure, unless
16    such Provider is owned or licensed by the federal
17    government. All Provider licenses issued by the Department
18    shall specify the level and type of each vehicle covered
19    by the license (BLS, ILS, ALS, ambulance, critical care
20    transport, SEMSV, limited operation vehicle, special use
21    vehicle, reserve ambulance).
22        (5) Annually inspect all licensed vehicles operated by
23    Vehicle Service Providers.
24        (6) Suspend, revoke, refuse to issue or refuse to
25    renew the license of any Vehicle Service Provider, or that
26    portion of a license pertaining to a specific vehicle

 

 

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1    operated by the Provider, after an opportunity for a
2    hearing, when findings show that the Provider or one or
3    more of its vehicles has failed to comply with the
4    standards and requirements of this Act or rules adopted by
5    the Department pursuant to this Act.
6        (7) Issue an Emergency Suspension Order for any
7    Provider or vehicle licensed under this Act, when the
8    Director or his designee has determined that an immediate
9    and serious danger to the public health, safety and
10    welfare exists. Suspension or revocation proceedings which
11    offer an opportunity for hearing shall be promptly
12    initiated after the Emergency Suspension Order has been
13    issued.
14        (8) Exempt any licensed vehicle from subsequent
15    vehicle design standards or specifications required by the
16    Department, as long as said vehicle is continuously in
17    compliance with the vehicle design standards and
18    specifications originally applicable to that vehicle, or
19    until said vehicle's title of ownership is transferred.
20        (9) Exempt any vehicle (except an SEMSV) which was
21    being used as an ambulance on or before December 15, 1980,
22    from vehicle design standards and specifications required
23    by the Department, until said vehicle's title of ownership
24    is transferred. Such vehicles shall not be exempt from all
25    other licensing standards and requirements prescribed by
26    the Department.

 

 

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1        (10) Prohibit any Vehicle Service Provider from
2    advertising, identifying its vehicles, or disseminating
3    information in a false or misleading manner concerning the
4    Provider's type and level of vehicles, location, primary
5    service area, response times, level of personnel,
6    licensure status or System participation.
7        (10.5) Prohibit any Vehicle Service Provider, whether
8    municipal, private, or hospital-owned, from advertising
9    itself as a critical care transport provider unless it
10    participates in a Department-approved EMS System critical
11    care transport plan.
12        (11) Charge each Vehicle Service Provider a fee per
13    transport vehicle, due annually at time of inspection. The
14    fee per transport vehicle shall be set by administrative
15    rule by the Department and shall not exceed 100 vehicles
16    per provider.
17        (12) Beginning July 1, 2023, as part of a pilot
18    program that shall not exceed a term of 3 years, an
19    ambulance may be upgraded to a higher level of care for
20    interfacility transports by an ambulance assistance
21    vehicle with appropriate equipment and licensed personnel
22    to intercept with the licensed ambulance at the sending
23    facility before departure. The pilot program shall not be
24    implemented before Department approval. To participate in
25    the pilot program, an agency must:
26            (A) Submit a waiver request to the Department with

 

 

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1        intercept vehicle vehicle identification numbers,
2        calls signs, equipment detail, and a robust quality
3        assurance plan that shall list, at minimum, detailed
4        reasons each intercept had to be completed, barriers
5        to initial dispatch of advanced life support services,
6        and how this benefited the patient.
7            (B) Report to the Department quarterly additional
8        data deemed meaningful by the providing agency along
9        with the data required under subparagraph (A) of this
10        paragraph (12).
11            (C) Obtain a signed letter of approval from the
12        EMS Medical Director allowing for participation in the
13        pilot program.
14            (D) Update EMS System plans and protocols from the
15        pilot program.
16            (E) Update policies and procedures from the
17        agencies participating in the pilot program.
18(Source: P.A. 102-623, eff. 8-27-21.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.