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Public Act 101-0153


 

Public Act 0153 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0153
 
HB3554 EnrolledLRB101 09798 CPF 54899 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Emergency Medical Services (EMS) Systems Act
is amended by changing Section 3.50 as follows:
 
    (210 ILCS 50/3.50)
    (Text of Section before amendment by P.A. 100-1082)
    Sec. 3.50. Emergency Medical Services personnel licensure
levels.
    (a) "Emergency Medical Technician" or "EMT" means a person
who has successfully completed a course in basic life support
as approved by the Department, is currently licensed by the
Department in accordance with standards prescribed by this Act
and rules adopted by the Department pursuant to this Act, and
practices within an EMS System. A valid Emergency Medical
Technician-Basic (EMT-B) license issued under this Act shall
continue to be valid and shall be recognized as an Emergency
Medical Technician (EMT) license until the Emergency Medical
Technician-Basic (EMT-B) license expires.
    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course in
intermediate life support as approved by the Department, is
currently licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Intermediate or Advanced Life Support EMS System.
    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
means a person who has successfully completed a course in basic
and limited advanced emergency medical care as approved by the
Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Intermediate or Advanced Life Support EMS System.
    (c) "Paramedic (EMT-P)" means a person who has successfully
completed a course in advanced life support care as approved by
the Department, is licensed by the Department in accordance
with standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Advanced Life Support EMS System. A valid Emergency Medical
Technician-Paramedic (EMT-P) license issued under this Act
shall continue to be valid and shall be recognized as a
Paramedic license until the Emergency Medical
Technician-Paramedic (EMT-P) license expires.
    (c-5) "Emergency Medical Responder" or "EMR (First
Responder)" means a person who has successfully completed a
course in emergency medical response as approved by the
Department and provides emergency medical response services
prior to the arrival of an ambulance or specialized emergency
medical services vehicle, in accordance with the level of care
established by the National EMS Educational Standards
Emergency Medical Responder course as modified by the
Department. An Emergency Medical Responder who provides
services as part of an EMS System response plan shall comply
with the applicable sections of the Program Plan, as approved
by the Department, of that EMS System. The Department shall
have the authority to adopt rules governing the curriculum,
practice, and necessary equipment applicable to Emergency
Medical Responders.
    On August 15, 2014 (the effective date of Public Act
98-973) this amendatory Act of the 98th General Assembly, a
person who is licensed by the Department as a First Responder
and has completed a Department-approved course in first
responder defibrillator training based on, or equivalent to,
the National EMS Educational Standards or other standards
previously recognized by the Department shall be eligible for
licensure as an Emergency Medical Responder upon meeting the
licensure requirements and submitting an application to the
Department. A valid First Responder license issued under this
Act shall continue to be valid and shall be recognized as an
Emergency Medical Responder license until the First Responder
license expires.
    (c-10) All EMS Systems and licensees shall be fully
compliant with the National EMS Education Standards, as
modified by the Department in administrative rules, within 24
months after the adoption of the administrative rules.
    (d) The Department shall have the authority and
responsibility to:
        (1) Prescribe education and training requirements,
    which includes training in the use of epinephrine, for all
    levels of EMS personnel except for EMRs, based on the
    National EMS Educational Standards and any modifications
    to those curricula specified by the Department through
    rules adopted pursuant to this Act.
        (2) Prescribe licensure testing requirements for all
    levels of EMS personnel, which shall include a requirement
    that all phases of instruction, training, and field
    experience be completed before taking the appropriate
    licensure examination. Candidates may elect to take the
    appropriate National Registry examination in lieu of the
    Department's examination, but are responsible for making
    their own arrangements for taking the National Registry
    examination. In prescribing licensure testing requirements
    for honorably discharged members of the armed forces of the
    United States under this paragraph (2), the Department
    shall ensure that a candidate's military emergency medical
    training, emergency medical curriculum completed, and
    clinical experience, as described in paragraph (2.5), are
    recognized.
        (2.5) Review applications for EMS personnel licensure
    from honorably discharged members of the armed forces of
    the United States with military emergency medical
    training. Applications shall be filed with the Department
    within one year after military discharge and shall contain:
    (i) proof of successful completion of military emergency
    medical training; (ii) a detailed description of the
    emergency medical curriculum completed; and (iii) a
    detailed description of the applicant's clinical
    experience. The Department may request additional and
    clarifying information. The Department shall evaluate the
    application, including the applicant's training and
    experience, consistent with the standards set forth under
    subsections (a), (b), (c), and (d) of Section 3.10. If the
    application clearly demonstrates that the training and
    experience meets such standards, the Department shall
    offer the applicant the opportunity to successfully
    complete a Department-approved EMS personnel examination
    for the level of license for which the applicant is
    qualified. Upon passage of an examination, the Department
    shall issue a license, which shall be subject to all
    provisions of this Act that are otherwise applicable to the
    level of EMS personnel license issued.
        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
    or Paramedic who have met the Department's education,
    training and examination requirements.
        (4) Prescribe annual continuing education and
    relicensure requirements for all EMS personnel licensure
    levels.
        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
    A-EMT, or Paramedic every 4 years, based on their
    compliance with continuing education and relicensure
    requirements as required by the Department pursuant to this
    Act. Every 4 years, a Paramedic shall have 100 hours of
    approved continuing education, an EMT-I and an advanced EMT
    shall have 80 hours of approved continuing education, and
    an EMT shall have 60 hours of approved continuing
    education. An Illinois licensed EMR, EMD, EMT, EMT-I,
    A-EMT, Paramedic, ECRN, or PHRN whose license has been
    expired for less than 36 months may apply for reinstatement
    by the Department. Reinstatement shall require that the
    applicant (i) submit satisfactory proof of completion of
    continuing medical education and clinical requirements to
    be prescribed by the Department in an administrative rule;
    (ii) submit a positive recommendation from an Illinois EMS
    Medical Director attesting to the applicant's
    qualifications for retesting; and (iii) pass a Department
    approved test for the level of EMS personnel license sought
    to be reinstated.
        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
    A-EMT, Paramedic, ECRN, or PHRN who qualifies, based on
    standards and procedures established by the Department in
    rules adopted pursuant to this Act.
        (7) Charge a fee for EMS personnel examination,
    licensure, and license renewal.
        (8) Suspend, revoke, or refuse to issue or renew the
    license of any licensee, after an opportunity for an
    impartial hearing before a neutral administrative law
    judge appointed by the Director, where the preponderance of
    the evidence shows one or more of the following:
            (A) The licensee has not met continuing education
        or relicensure requirements as prescribed by the
        Department;
            (B) The licensee has failed to maintain
        proficiency in the level of skills for which he or she
        is licensed;
            (C) The licensee, during the provision of medical
        services, engaged in dishonorable, unethical, or
        unprofessional conduct of a character likely to
        deceive, defraud, or harm the public;
            (D) The licensee has failed to maintain or has
        violated standards of performance and conduct as
        prescribed by the Department in rules adopted pursuant
        to this Act or his or her EMS System's Program Plan;
            (E) The licensee is physically impaired to the
        extent that he or she cannot physically perform the
        skills and functions for which he or she is licensed,
        as verified by a physician, unless the person is on
        inactive status pursuant to Department regulations;
            (F) The licensee is mentally impaired to the extent
        that he or she cannot exercise the appropriate
        judgment, skill and safety for performing the
        functions for which he or she is licensed, as verified
        by a physician, unless the person is on inactive status
        pursuant to Department regulations;
            (G) The licensee has violated this Act or any rule
        adopted by the Department pursuant to this Act; or
            (H) The licensee has been convicted (or entered a
        plea of guilty or nolo-contendere) by a court of
        competent jurisdiction of a Class X, Class 1, or Class
        2 felony in this State or an out-of-state equivalent
        offense.
        (9) Prescribe education and training requirements in
    the administration and use of opioid antagonists for all
    levels of EMS personnel based on the National EMS
    Educational Standards and any modifications to those
    curricula specified by the Department through rules
    adopted pursuant to this Act.
    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
PHRN who is a member of the Illinois National Guard or an
Illinois State Trooper or who exclusively serves as a volunteer
for units of local government with a population base of less
than 5,000 or as a volunteer for a not-for-profit organization
that serves a service area with a population base of less than
5,000 may submit an application to the Department for a waiver
of the fees described under paragraph (7) of subsection (d) of
this Section on a form prescribed by the Department.
    The education requirements prescribed by the Department
under this Section must allow for the suspension of those
requirements in the case of a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard who is on active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor at
the time that the member would otherwise be required to fulfill
a particular education requirement. Such a person must fulfill
the education requirement within 6 months after his or her
release from active duty.
    (e) In the event that any rule of the Department or an EMS
Medical Director that requires testing for drug use as a
condition of the applicable EMS personnel license conflicts
with or duplicates a provision of a collective bargaining
agreement that requires testing for drug use, that rule shall
not apply to any person covered by the collective bargaining
agreement.
    (f) At the time of applying for or renewing his or her
license, an applicant for a license or license renewal may
submit an email address to the Department. The Department shall
keep the email address on file as a form of contact for the
individual. The Department shall send license renewal notices
electronically and by mail to all licensees who provide the
Department with his or her email address. The notices shall be
sent at least 60 days prior to the expiration date of the
license.
(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,
eff. 8-15-14; 99-480, eff. 9-9-15; revised 10-4-18.)
 
    (Text of Section after amendment by P.A. 100-1082)
    Sec. 3.50. Emergency Medical Services personnel licensure
levels.
    (a) "Emergency Medical Technician" or "EMT" means a person
who has successfully completed a course in basic life support
as approved by the Department, is currently licensed by the
Department in accordance with standards prescribed by this Act
and rules adopted by the Department pursuant to this Act, and
practices within an EMS System. A valid Emergency Medical
Technician-Basic (EMT-B) license issued under this Act shall
continue to be valid and shall be recognized as an Emergency
Medical Technician (EMT) license until the Emergency Medical
Technician-Basic (EMT-B) license expires.
    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course in
intermediate life support as approved by the Department, is
currently licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Intermediate or Advanced Life Support EMS System.
    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
means a person who has successfully completed a course in basic
and limited advanced emergency medical care as approved by the
Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Intermediate or Advanced Life Support EMS System.
    (c) "Paramedic (EMT-P)" means a person who has successfully
completed a course in advanced life support care as approved by
the Department, is licensed by the Department in accordance
with standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Advanced Life Support EMS System. A valid Emergency Medical
Technician-Paramedic (EMT-P) license issued under this Act
shall continue to be valid and shall be recognized as a
Paramedic license until the Emergency Medical
Technician-Paramedic (EMT-P) license expires.
    (c-5) "Emergency Medical Responder" or "EMR (First
Responder)" means a person who has successfully completed a
course in emergency medical response as approved by the
Department and provides emergency medical response services
prior to the arrival of an ambulance or specialized emergency
medical services vehicle, in accordance with the level of care
established by the National EMS Educational Standards
Emergency Medical Responder course as modified by the
Department. An Emergency Medical Responder who provides
services as part of an EMS System response plan shall comply
with the applicable sections of the Program Plan, as approved
by the Department, of that EMS System. The Department shall
have the authority to adopt rules governing the curriculum,
practice, and necessary equipment applicable to Emergency
Medical Responders.
    On August 15, 2014 (the effective date of Public Act
98-973) this amendatory Act of the 98th General Assembly, a
person who is licensed by the Department as a First Responder
and has completed a Department-approved course in first
responder defibrillator training based on, or equivalent to,
the National EMS Educational Standards or other standards
previously recognized by the Department shall be eligible for
licensure as an Emergency Medical Responder upon meeting the
licensure requirements and submitting an application to the
Department. A valid First Responder license issued under this
Act shall continue to be valid and shall be recognized as an
Emergency Medical Responder license until the First Responder
license expires.
    (c-10) All EMS Systems and licensees shall be fully
compliant with the National EMS Education Standards, as
modified by the Department in administrative rules, within 24
months after the adoption of the administrative rules.
    (d) The Department shall have the authority and
responsibility to:
        (1) Prescribe education and training requirements,
    which includes training in the use of epinephrine, for all
    levels of EMS personnel except for EMRs, based on the
    National EMS Educational Standards and any modifications
    to those curricula specified by the Department through
    rules adopted pursuant to this Act.
        (2) Prescribe licensure testing requirements for all
    levels of EMS personnel, which shall include a requirement
    that all phases of instruction, training, and field
    experience be completed before taking the appropriate
    licensure examination. Candidates may elect to take the
    appropriate National Registry examination in lieu of the
    Department's examination, but are responsible for making
    their own arrangements for taking the National Registry
    examination. In prescribing licensure testing requirements
    for honorably discharged members of the armed forces of the
    United States under this paragraph (2), the Department
    shall ensure that a candidate's military emergency medical
    training, emergency medical curriculum completed, and
    clinical experience, as described in paragraph (2.5), are
    recognized.
        (2.5) Review applications for EMS personnel licensure
    from honorably discharged members of the armed forces of
    the United States with military emergency medical
    training. Applications shall be filed with the Department
    within one year after military discharge and shall contain:
    (i) proof of successful completion of military emergency
    medical training; (ii) a detailed description of the
    emergency medical curriculum completed; and (iii) a
    detailed description of the applicant's clinical
    experience. The Department may request additional and
    clarifying information. The Department shall evaluate the
    application, including the applicant's training and
    experience, consistent with the standards set forth under
    subsections (a), (b), (c), and (d) of Section 3.10. If the
    application clearly demonstrates that the training and
    experience meet meets such standards, the Department shall
    offer the applicant the opportunity to successfully
    complete a Department-approved EMS personnel examination
    for the level of license for which the applicant is
    qualified. Upon passage of an examination, the Department
    shall issue a license, which shall be subject to all
    provisions of this Act that are otherwise applicable to the
    level of EMS personnel license issued.
        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
    or Paramedic who have met the Department's education,
    training and examination requirements.
        (4) Prescribe annual continuing education and
    relicensure requirements for all EMS personnel licensure
    levels.
        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
    A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
    based on their compliance with continuing education and
    relicensure requirements as required by the Department
    pursuant to this Act. Every 4 years, a Paramedic shall have
    100 hours of approved continuing education, an EMT-I and an
    advanced EMT shall have 80 hours of approved continuing
    education, and an EMT shall have 60 hours of approved
    continuing education. An Illinois licensed EMR, EMD, EMT,
    EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose
    license has been expired for less than 36 months may apply
    for reinstatement by the Department. Reinstatement shall
    require that the applicant (i) submit satisfactory proof of
    completion of continuing medical education and clinical
    requirements to be prescribed by the Department in an
    administrative rule; (ii) submit a positive recommendation
    from an Illinois EMS Medical Director attesting to the
    applicant's qualifications for retesting; and (iii) pass a
    Department approved test for the level of EMS personnel
    license sought to be reinstated.
        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
    A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
    qualifies, based on standards and procedures established
    by the Department in rules adopted pursuant to this Act.
        (7) Charge a fee for EMS personnel examination,
    licensure, and license renewal.
        (8) Suspend, revoke, or refuse to issue or renew the
    license of any licensee, after an opportunity for an
    impartial hearing before a neutral administrative law
    judge appointed by the Director, where the preponderance of
    the evidence shows one or more of the following:
            (A) The licensee has not met continuing education
        or relicensure requirements as prescribed by the
        Department;
            (B) The licensee has failed to maintain
        proficiency in the level of skills for which he or she
        is licensed;
            (C) The licensee, during the provision of medical
        services, engaged in dishonorable, unethical, or
        unprofessional conduct of a character likely to
        deceive, defraud, or harm the public;
            (D) The licensee has failed to maintain or has
        violated standards of performance and conduct as
        prescribed by the Department in rules adopted pursuant
        to this Act or his or her EMS System's Program Plan;
            (E) The licensee is physically impaired to the
        extent that he or she cannot physically perform the
        skills and functions for which he or she is licensed,
        as verified by a physician, unless the person is on
        inactive status pursuant to Department regulations;
            (F) The licensee is mentally impaired to the extent
        that he or she cannot exercise the appropriate
        judgment, skill and safety for performing the
        functions for which he or she is licensed, as verified
        by a physician, unless the person is on inactive status
        pursuant to Department regulations;
            (G) The licensee has violated this Act or any rule
        adopted by the Department pursuant to this Act; or
            (H) The licensee has been convicted (or entered a
        plea of guilty or nolo-contendere) by a court of
        competent jurisdiction of a Class X, Class 1, or Class
        2 felony in this State or an out-of-state equivalent
        offense.
        (9) Prescribe education and training requirements in
    the administration and use of opioid antagonists for all
    levels of EMS personnel based on the National EMS
    Educational Standards and any modifications to those
    curricula specified by the Department through rules
    adopted pursuant to this Act.
    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
PHAPRN, PHPA, or PHRN who is a member of the Illinois National
Guard or an Illinois State Trooper or who exclusively serves as
a volunteer for units of local government with a population
base of less than 5,000 or as a volunteer for a not-for-profit
organization that serves a service area with a population base
of less than 5,000 may submit an application to the Department
for a waiver of the fees described under paragraph (7) of
subsection (d) of this Section on a form prescribed by the
Department.
    The education requirements prescribed by the Department
under this Section must allow for the suspension of those
requirements in the case of a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard who is on active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor at
the time that the member would otherwise be required to fulfill
a particular education requirement. Such a person must fulfill
the education requirement within 6 months after his or her
release from active duty.
    (e) In the event that any rule of the Department or an EMS
Medical Director that requires testing for drug use as a
condition of the applicable EMS personnel license conflicts
with or duplicates a provision of a collective bargaining
agreement that requires testing for drug use, that rule shall
not apply to any person covered by the collective bargaining
agreement.
    (f) At the time of applying for or renewing his or her
license, an applicant for a license or license renewal may
submit an email address to the Department. The Department shall
keep the email address on file as a form of contact for the
individual. The Department shall send license renewal notices
electronically and by mail to all licensees who provide the
Department with his or her email address. The notices shall be
sent at least 60 days prior to the expiration date of the
license.
(Source: P.A. 99-480, eff. 9-9-15; 100-1082, eff. 8-24-19;
revised 10-4-18.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

Effective Date: 1/1/2020