Illinois General Assembly - Full Text of HB3186
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Full Text of HB3186  98th General Assembly


Sen. Michael W. Frerichs

Filed: 5/6/2013





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2    AMENDMENT NO. ______. Amend House Bill 3186 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Emergency Medical Services (EMS) Systems
5Act is 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



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1instruction in intermediate life support as prescribed by the
2Department, is currently licensed by the Department in
3accordance with standards prescribed by this Act and rules
4adopted by the Department pursuant to this Act, and practices
5within an Intermediate or Advanced Life Support EMS System.
6    (c) "Emergency Medical Technician-Paramedic" or "EMT-P"
7means a person who has successfully completed a course of
8instruction in advanced life support care as prescribed by the
9Department, is licensed by the Department in accordance with
10standards prescribed by this Act and rules adopted by the
11Department pursuant to this Act, and practices within an
12Advanced Life Support EMS System.
13    (d) The Department shall have the authority and
14responsibility to:
15        (1) Prescribe education and training requirements,
16    which includes training in the use of epinephrine, for all
17    levels of EMT, based on the respective national curricula
18    of the United States Department of Transportation and any
19    modifications to such curricula specified by the
20    Department through rules adopted pursuant to this Act.
21        (2) Prescribe licensure testing requirements for all
22    levels of EMT, which shall include a requirement that all
23    phases of instruction, training, and field experience be
24    completed before taking the EMT licensure examination.
25    Candidates may elect to take the National Registry of
26    Emergency Medical Technicians examination in lieu of the



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



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1    complete a Department-approved EMT examination for which
2    the applicant is qualified. Upon passage of an examination,
3    the Department shall issue a license, which shall be
4    subject to all provisions of this Act that are otherwise
5    applicable to the class of EMT license issued.
6        (3) License individuals as an EMT-B, EMT-I, or EMT-P
7    who have met the Department's education, training and
8    examination requirements.
9        (4) Prescribe annual continuing education and
10    relicensure requirements for all levels of EMT. If an
11    EMT-B, EMT-I, or EMT-P has been actively involved in
12    serving as an EMT during the period since he or she was
13    licensed or last relicensed (whichever occurred later),
14    the Department shall deem that service as satisfying 25% of
15    the number of hours of continuing education otherwise
16    required for relicensure. The Department shall adopt rules
17    defining "actively involved".
18        (5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
19    every 4 years, based on their compliance with continuing
20    education and relicensure requirements. An Illinois
21    licensed Emergency Medical Technician whose license has
22    been expired for less than 36 months may apply for
23    reinstatement by the Department. Reinstatement shall
24    require that the applicant (i) submit satisfactory proof of
25    completion of continuing medical education and clinical
26    requirements to be prescribed by the Department in an



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



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1        violated standards of performance and conduct as
2        prescribed by the Department in rules adopted pursuant
3        to this Act or his or her EMS System's Program Plan;
4            (E) The licensee is physically impaired to the
5        extent that he or she cannot physically perform the
6        skills and functions for which he or she is licensed,
7        as verified by a physician, unless the person is on
8        inactive status pursuant to Department regulations;
9            (F) The licensee is mentally impaired to the extent
10        that he or she cannot exercise the appropriate
11        judgment, skill and safety for performing the
12        functions for which he or she is licensed, as verified
13        by a physician, unless the person is on inactive status
14        pursuant to Department regulations;
15            (G) The licensee has violated this Act or any rule
16        adopted by the Department pursuant to this Act; or
17            (H) The licensee has been convicted (or entered a
18        plea of guilty or nolo-contendere) by a court of
19        competent jurisdiction of a Class X, Class 1, or Class
20        2 felony in this State or an out-of-state equivalent
21        offense.
22    (9) An EMT who is a member of the Illinois National Guard
23or an Illinois State Trooper or who exclusively serves as a
24volunteer for units of local government with a population base
25of less than 5,000 or as a volunteer for a not-for-profit
26organization that serves a service area with a population base



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1of less than 5,000 may submit an application to the Department
2for a waiver of the these fees described under paragraph (7) on
3a form prescribed by the Department.
4    The education requirements prescribed by the Department
5under this subsection must allow for the suspension of those
6requirements in the case of a member of the armed services or
7reserve forces of the United States or a member of the Illinois
8National Guard who is on active duty pursuant to an executive
9order of the President of the United States, an act of the
10Congress of the United States, or an order of the Governor at
11the time that the member would otherwise be required to fulfill
12a particular education requirement. Such a person must fulfill
13the education requirement within 6 months after his or her
14release from active duty.
15    (e) In the event that any rule of the Department or an EMS
16Medical Director that requires testing for drug use as a
17condition for EMT licensure conflicts with or duplicates a
18provision of a collective bargaining agreement that requires
19testing for drug use, that rule shall not apply to any person
20covered by the collective bargaining agreement.
21(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;
2296-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff.
238-23-11; 97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; revised