Bill Text: IL SB3414 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Changes the terms "Emergency Medical Technician-Paramedic (EMT-P)" to "Paramedic", "Emergency Medical Technician-Basic (EMT-B)" to "EMT", and "Pre-hospital RN" to "Pre-Hospital Registered Nurse". Adds a new category of license for Advanced Emergency Medical Technicians (AEMT). Provides for the licensure (instead of certification) of Pre-Hospital Registered Nurses and Emergency Communications Registered Nurses. Repeals a provision that defined the term "First Responder" and provided for the licensure of First Responders. Creates a category of license for Emergency Medical Responders. Provides educational requirements for Emergency Medical Responders. Provides that the definitions of basic life support services, intermediate life support services, and advanced life support services shall include the services outlined in the National EMS Education Standards (instead of in the national curriculum of the United States Department of Transportation). Authorizes the Department to suspend, revoke, or refuse to issue or renew the license of an Emergency Medical Dispatcher, Lead Instructor, Pre-Hospital Registered Nurse, or Emergency Communications Registered Nurse. Adds the category of AEMT to provisions concerning EMTs in the Firemen's Disciplinary Act, the Volunteer Emergency Worker Job Protection Act, the Illinois Municipal Code, the Fire Protection District Act, the AIDS Confidentiality Act, the Good Samaritan Act, the Workers' Compensation Act, and the Workers' Occupational Diseases Act. Makes corresponding changes in the Boxing and Full-contact Martial Arts Act, the Abandoned Newborn Infant Protection Act, the Coal Mine Medical Emergencies Act, the Burn Injury Reporting Act, the Illinois Vehicle Code, and the Good Samaritan Act. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0973 [SB3414 Detail]

Download: Illinois-2013-SB3414-Chaptered.html

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Public Act 098-0973
SB3414 Enrolled LRB098 16189 RPS 55673 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firemen's Disciplinary Act is amended by
changing Section 2 as follows:
(50 ILCS 745/2) (from Ch. 85, par. 2502)
Sec. 2. Definitions. For the purposes of this Act, unless
clearly required otherwise, the terms defined in this Section
have the meaning ascribed herein:
(a) "Fireman" means a person who is a "firefighter" or
"fireman" as defined in Sections 4-106 or 6-106 of the Illinois
Pension Code, a paramedic employed by a unit of local
government, or an EMT, emergency medical
technician-intermediate (EMT-I), or advanced emergency medical
technician (A-EMT) employed by a unit of local government, and
includes a person who is an "employee" as defined in Section
15-107 of the Illinois Pension Code and whose primary duties
relate to firefighting.
(b) "Informal inquiry" means a meeting by supervisory or
command personnel with a fireman upon whom an allegation of
misconduct has come to the attention of such supervisory or
command personnel, the purpose of which meeting is to mediate a
citizen complaint or discuss the facts to determine whether a

formal investigation should be commenced.
(c) "Formal investigation" means the process of
investigation ordered by a commanding officer during which the
questioning of a fireman is intended to gather evidence of
misconduct which may be the basis for filing charges seeking
his or her removal, discharge, or suspension from duty in
excess of 24 duty hours.
(d) "Interrogation" means the questioning of a fireman
pursuant to an investigation initiated by the respective State
or local governmental unit in connection with an alleged
violation of such unit's rules which may be the basis for
filing charges seeking his or her suspension, removal, or
discharge. The term does not include questioning as part of an
informal inquiry as to allegations of misconduct relating to
minor infractions of agency rules which may be noted on the
fireman's record but which may not in themselves result in
removal, discharge, or suspension from duty in excess of 24
duty hours.
(e) "Administrative proceeding" means any non-judicial
hearing which is authorized to recommend, approve or order the
suspension, removal, or discharge of a fireman.
(Source: P.A. 96-922, eff. 6-10-10.)
Section 10. The Volunteer Emergency Worker Job Protection
Act is amended by changing Section 3 as follows:

(50 ILCS 748/3)
Sec. 3. Definitions. As used in this Act:
"Volunteer emergency worker" means a firefighter who does
not receive monetary compensation for his or her services to a
fire department or fire protection district and who does not
work for any other fire department or fire protection district
for monetary compensation. "Volunteer emergency worker" also
means a person who does not receive monetary compensation for
his or her services as a volunteer Emergency Medical Technician
(licensed as an EMT EMT-B, EMT-I, A-EMT, or Paramedic EMT-P
under the Emergency Medical Services (EMS) Systems Act), a
volunteer ambulance driver or attendant, or a volunteer
"Emergency Medical First Responder", as defined in Sec. 3.50
3.60 of the Emergency Medical Services (EMT) Systems Act, to a
fire department, fire protection district, or other
governmental entity and who does not work in one of these
capacities for any other fire department, fire protection
district, or governmental entity for monetary compensation.
"Volunteer emergency worker" also means a person who is a
volunteer member of a county or municipal emergency services
and disaster agency pursuant to the Illinois Emergency
Management Agency Act, an auxiliary policeman appointed
pursuant to the Municipal Code, or an auxiliary deputy
appointed by a county sheriff pursuant to the Counties Code.
"Monetary compensation" does not include a monetary
incentive awarded to a firefighter by the board of trustees of

a fire protection district under Section 6 of the Fire
Protection District Act.
(Source: P.A. 94-599, eff. 1-1-06; 95-332, eff. 8-21-07.)
Section 15. The Illinois Municipal Code is amended by
changing Sections 10-1-7, 10-1-7.1, 10-2.1-4, 10-2.1-6.3,
10-2.1-14, and 10-2.1-31 as follows:
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are subject
to examination. The examination shall be public, competitive,
and open to all citizens of the United States, with specified
limitations as to residence, age, health, habits and moral
character.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his or her period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,

14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
of Section 24-1 of the Criminal Code of 1961 or the Criminal
Code of 2012 or arrested for any cause but not convicted on
that cause shall be disqualified from taking the examination on
grounds of habits or moral character, unless the person is
attempting to qualify for a position on the police department,
in which case the conviction or arrest may be considered as a
factor in determining the person's habits or moral character.
(d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age
unless they are applicants for a position as a fireman or a
policeman having no previous employment status as a fireman or
policeman in the regularly constituted fire or police
department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has
served as an auxiliary police officer under Section 3.1-30-20
for at least 5 years and is under 40 years of age.
(e) All employees of a municipality of less than 500,000
population (except those who would be excluded from the
classified service as provided in this Division 1) who are
holding that employment as of the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the
later, and who have held that employment for at least 2 years
immediately before that later date, and all firemen and

policemen regardless of length of service who were either
appointed to their respective positions by the board of fire
and police commissioners under the provisions of Division 2 of
this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division 1,
or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the
municipality without examination.
(f) The examinations shall be practical in their character,
and shall relate to those matters that will fairly test the
relative capacity of the persons examined to discharge the
duties of the positions to which they seek to be appointed. The
examinations shall include tests of physical qualifications,
health, and (when appropriate) manual skill. If an applicant is
unable to pass the physical examination solely as the result of
an injury received by the applicant as the result of the
performance of an act of duty while working as a temporary
employee in the position for which he or she is being examined,
however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination.
No questions in any examination shall relate to political or
religious opinions or affiliations. Results of examinations
and the eligible registers prepared from the results shall be
published by the commission within 60 days after any
examinations are held.

(g) The commission shall control all examinations, and may,
whenever an examination is to take place, designate a suitable
number of persons, either in or not in the official service of
the municipality, to be examiners. The examiners shall conduct
the examinations as directed by the commission and shall make a
return or report of the examinations to the commission. If the
appointed examiners are in the official service of the
municipality, the examiners shall not receive extra
compensation for conducting the examinations unless the
examiners are subject to a collective bargaining agreement with
the municipality. The commission may at any time substitute any
other person, whether or not in the service of the
municipality, in the place of any one selected as an examiner.
The commission members may themselves at any time act as
examiners without appointing examiners. The examiners at any
examination shall not all be members of the same political
party.
(h) In municipalities of 500,000 or more population, no
person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or
a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted
police or fire department of the municipality, except as
provided in this Section.
(i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her 35th

birthday shall be eligible to take an examination for a
position as a fireman or a policeman unless the person has had
previous employment status as a policeman or fireman in the
regularly constituted police or fire department of the
municipality, except as provided in this Section.
(j) In all municipalities, applicants who are 20 years of
age and who have successfully completed 2 years of law
enforcement studies at an accredited college or university may
be considered for appointment to active duty with the police
department. An applicant described in this subsection (j) who
is appointed to active duty shall not have power of arrest, nor
shall the applicant be permitted to carry firearms, until he or
she reaches 21 years of age.
(k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions
as firefighters or police shall be made available at various
branches of the public library of the municipality.
(l) No municipality having a population less than 1,000,000
shall require that any fireman appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary

employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a licensed certified paramedic, during which
time the sole reason that a firefighter may be discharged
without a hearing is for failing to meet the requirements for
paramedic licensure certification.
(m) To the extent that this Section or any other Section in
this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
Section 10-1-7.1 or 10-1-7.2 shall control.
(Source: P.A. 96-1551, eff. 7-1-11; 97-251, eff. 8-4-11;
97-898, eff. 8-6-12; 97-1109, eff. 1-1-13; 97-1150, eff.
1-25-13.)
(65 ILCS 5/10-1-7.1)
Sec. 10-1-7.1. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the
provisions of Section 10-1-7.2, this Section shall apply to all
original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after the effective date of this amendatory Act of the
97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law

to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before the effective date of this amendatory
Act of the 97th General Assembly is exempt from the
requirements of this Section for the duration of the court
order or consent decree.
Notwithstanding any other provision of this subsection
(a), this Section does not apply to a municipality with more
than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made

to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed
the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new position
or vacancy due to resignation, discharge, promotion, death, the
granting of a disability or retirement pension, or any other
cause, the appointing authority shall appoint to that position
the person with the highest ranking on the final eligibility
list. If the appointing authority has reason to conclude that
the highest ranked person fails to meet the minimum standards
for the position or if the appointing authority believes an
alternate candidate would better serve the needs of the
department, then the appointing authority has the right to pass
over the highest ranked person and appoint either: (i) any
person who has a ranking in the top 5% of the register of
eligibles or (ii) any person who is among the top 5 highest
ranked persons on the list of eligibles if the number of people
who have a ranking in the top 5% of the register of eligibles
is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any

candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall not
prejudice a person's opportunities to participate in future
examinations, including an examination held during the time a
candidate is already on the municipality's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the Civil Service Commission. All
certificates of appointment issued to any officer or member of
an affected department shall be signed by the chairperson and
secretary, respectively, of the commission upon appointment of
such officer or member to the affected department by the
commission. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of this amendatory Act of the 97th General Assembly appointed
to a fire department or fire protection district or employed by
a State university and sworn or commissioned to perform
firefighter duties or paramedic duties, or both, except that
the following persons are not included: part-time
firefighters; auxiliary, reserve, or voluntary firefighters,
including paid-on-call firefighters; clerks and dispatchers or
other civilian employees of a fire department or fire

protection district who are not routinely expected to perform
firefighter duties; and elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required of
members of the fire department in order to provide the highest
quality of service to the public. To this end, all applicants
for original appointment to an affected fire department shall
be subject to examination and testing which shall be public,
competitive, and open to all applicants unless the municipality
shall by ordinance limit applicants to residents of the
municipality, county or counties in which the municipality is
located, State, or nation. Municipalities may establish
educational, emergency medical service licensure, and other
pre-requisites for participation in an examination or for hire
as a firefighter. Any municipality may charge a fee to cover
the costs of the application process.
Residency requirements in effect at the time an individual
enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of
service for that municipality, or be made a condition of
promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to the
Fire Department Promotion Act.

No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the
municipality, except as provided in this Section. The age
limitation does not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located in
Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section 21
of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district, or
(2) any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the municipality begins to use full-time firefighters
to provide all or part of its fire protection service.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality shall require that any firefighter

appointed to the lowest rank serve a probationary employment
period of longer than one year of actual active employment,
which may exclude periods of training, or injury or illness
leaves, including duty related leave, in excess of 30 calendar
days. Notwithstanding anything to the contrary in this Section,
the probationary employment period limitation may be extended
for a firefighter who is required, as a condition of
employment, to be a licensed certified paramedic, during which
time the sole reason that a firefighter may be discharged
without a hearing is for failing to meet the requirements for
paramedic licensure certification.
In the event that any applicant who has been found eligible
for appointment and whose name has been placed upon the final
eligibility register provided for in this Division 1 has not
been appointed to a firefighter position within one year after
the date of his or her physical ability examination, the
commission may cause a second examination to be made of that
applicant's physical ability prior to his or her appointment.
If, after the second examination, the physical ability of the
applicant shall be found to be less than the minimum standard
fixed by the rules of the commission, the applicant shall not
be appointed. The applicant's name may be retained upon the
register of candidates eligible for appointment and when next
reached for certification and appointment that applicant may be
again examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum

standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality, or (ii) on the
municipality's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on the
final register of eligibles. The examination may also include a
subjective component based on merit criteria as determined by
the commission. Scores from the examination must be made
available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based

upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written examinations
shall be administered in a manner that ensures the security and
accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform the
essential functions included in the duties they may be called
upon to perform as a member of a fire department. For the
purposes of this Section, essential functions of the job are
functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties including
grip strength, leg strength, and arm strength. Tests shall
be conducted under anaerobic as well as aerobic conditions
to test both the candidate's speed and endurance in
performing tasks and evolutions. Tasks tested may be based

on standards developed, or approved, by the local
appointing authority.
(2) The ability to climb ladders, operate from heights,
walk or crawl in the dark along narrow and uneven surfaces,
and operate in proximity to hazardous environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors
and monitors, open to the public, and subject to reasonable
regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means a score that is at or
above the median score for all applicants participating in the

written test. The appointing authority may conduct the physical
ability component and any subjective components subsequent to
the posting of the preliminary eligibility register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the median score. The local
appointing authority may prescribe the score to qualify for
placement on the final eligibility register, but the score
shall not be less than the median score.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum fixed by this
Section and who have passed the physical ability examination.
These persons shall take rank upon the register as candidates
in the order of their relative excellence based on the highest
to the lowest total points scored on the mental aptitude,
subjective component, and preference components of the test
administered in accordance with this Section. No more than 60
days after each examination, an initial eligibility list shall

be posted by the commission. The list shall include the final
grades of the candidates without reference to priority of the
time of examination and subject to claim for preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference to
priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department

Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field of
fire service or emergency medical services, or a bachelor's
degree from an accredited college or university may be
preferred for appointment to and employment with the fire
department.
(4) Paramedic preference. Persons who have obtained a
license certification as a paramedic an Emergency Medical
Technician-Paramedic (EMT-P) may be preferred for
appointment to and employment with the fire department of
an affected department providing emergency medical
services.
(5) Experience preference. All persons employed by a
municipality who have been paid-on-call or part-time
certified Firefighter II, certified Firefighter III, State
of Illinois or nationally licensed EMT, EMT-B or EMT-I,
A-EMT, or licensed paramedic, or any combination of those
capacities may be awarded up to a maximum of 5 points.
However, the applicant may not be awarded more than 0.5
points for each complete year of paid-on-call or part-time
service. Applicants from outside the municipality who were
employed as full-time firefighters or
firefighter-paramedics by a fire protection district or
another municipality may be awarded up to 5 experience

preference points. However, the applicant may not be
awarded more than one point for each complete year of
full-time service.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days after the request, the number of
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full
amount of preference points under this subsection if the
amount of points awarded would place the candidate before a
veteran on the eligibility list. If more than one candidate
receiving experience preference points is prevented from
receiving all of their points due to not being allowed to
pass a veteran, the candidates shall be placed on the list
below the veteran in rank order based on the totals
received if all points under this subsection were to be
awarded. Any remaining ties on the list shall be determined
by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories

based on an applicant's experience or background as
identified by the commission.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission shall determine the number of preference points
for each category except (1). The number of preference
points for each category shall range from 0 to 5. In
determining the number of preference points, the
commission shall prescribe that if a candidate earns the
maximum number of preference points in all categories, that
number may not be less than 10 nor more than 30. The
commission shall give preference for original appointment
to persons designated in items (2) through (7) by adding
the requisite number of points to the final grade for each
recognized preference achieved. The numerical result thus
attained shall be applied by the commission in determining
the final eligibility list and appointment from the
eligibility list. The local appointing authority may
prescribe the total number of preference points awarded
under this Section, but the total number of preference
points shall not be less than 10 points or more than 30
points.
No person entitled to any preference shall be required to
claim the credit before any examination held under the

provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. All employment shall be subject
to the commission's initial hire background review including,
but not limited to, criminal history, employment history, moral
character, oral examination, and medical and psychological
examinations, all on a pass-fail basis. The medical and
psychological examinations must be conducted last, and may only
be performed after a conditional offer of employment has been
extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for

original appointment after the names have been on the list for
more than 2 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or arrest for any cause without
conviction thereon. Any such person who is in the department
may be removed on charges brought for violating this subsection
and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or otherwise
knowingly violates or subverts any requirement of this Section,
commits a violation of this Section and may be subject to
charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
97-1150, eff. 1-25-13.)

(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
Sec. 10-2.1-4. Fire and police departments; Appointment of
members; Certificates of appointments.
The board of fire and police commissioners shall appoint
all officers and members of the fire and police departments of
the municipality, including the chief of police and the chief
of the fire department, unless the council or board of trustees
shall by ordinance as to them otherwise provide; except as
otherwise provided in this Section, and except that in any
municipality which adopts or has adopted this Division 2.1 and
also adopts or has adopted Article 5 of this Code, the chief of
police and the chief of the fire department shall be appointed
by the municipal manager, if it is provided by ordinance in
such municipality that such chiefs, or either of them, shall
not be appointed by the board of fire and police commissioners.
If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by the
appointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not
become effective unless confirmed by a majority vote of the
corporate authorities.
If a member of the department is appointed chief of police
or chief of the fire department prior to being eligible to
retire on pension, he shall be considered as on furlough from

the rank he held immediately prior to his appointment as chief.
If he resigns as chief or is discharged as chief prior to
attaining eligibility to retire on pension, he shall revert to
and be established in whatever rank he currently holds, except
for previously appointed positions, and thereafter be entitled
to all the benefits and emoluments of that rank, without regard
as to whether a vacancy then exists in that rank.
All appointments to each department other than that of the
lowest rank, however, shall be from the rank next below that to
which the appointment is made except as otherwise provided in
this Section, and except that the chief of police and the chief
of the fire department may be appointed from among members of
the police and fire departments, respectively, regardless of
rank, unless the council or board of trustees shall have by
ordinance as to them otherwise provided. A chief of police or
the chief of the fire department, having been appointed from
among members of the police or fire department, respectively,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as chief of police or
chief of the fire department.
The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality shall
be signed by the chairman and secretary respectively of the

board of fire and police commissioners of such municipality,
upon appointment of such officer or member of the fire and
police department of such municipality by action of the board
of fire and police commissioners. In any municipal fire
department that employs full-time firefighters and is subject
to a collective bargaining agreement, a person who has not
qualified for regular appointment under the provisions of this
Division 2.1 shall not be used as a temporary or permanent
substitute for classified members of a municipality's fire
department or for regular appointment as a classified member of
a municipality's fire department unless mutually agreed to by
the employee's certified bargaining agent. Such agreement
shall be considered a permissive subject of bargaining.
Municipal fire departments covered by the changes made by this
amendatory Act of the 95th General Assembly that are using
non-certificated employees as substitutes immediately prior to
the effective date of this amendatory Act of the 95th General
Assembly may, by mutual agreement with the certified bargaining
agent, continue the existing practice or a modified practice
and that agreement shall be considered a permissive subject of
bargaining. A home rule unit may not regulate the hiring of
temporary or substitute members of the municipality's fire
department in a manner that is inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised

by the State.
The term "policemen" as used in this Division does not
include auxiliary police officers except as provided for in
Section 10-2.1-6.
Any full time member of a regular fire or police department
of any municipality which comes under the provisions of this
Division or adopts this Division 2.1 or which has adopted any
of the prior Acts pertaining to fire and police commissioners,
is a city officer.
Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-home rule municipality
of more than 130,000 inhabitants may, without the advice or
consent of the Board of Fire and Police Commissioners, appoint
up to 6 officers who shall be known as deputy chiefs or
assistant deputy chiefs, and whose rank shall be immediately
below that of Chief. The deputy or assistant deputy chiefs may
be appointed from any rank of sworn officers of that
municipality, but no person who is not such a sworn officer may
be so appointed. Such deputy chief or assistant deputy chief
shall have the authority to direct and issue orders to all
employees of the Department holding the rank of captain or any
lower rank. A deputy chief of police or assistant deputy chief
of police, having been appointed from any rank of sworn
officers of that municipality, shall be permitted, regardless
of rank, to take promotional exams and be promoted to a higher
classified rank than he currently holds, without having to

resign as deputy chief of police or assistant deputy chief of
police.
Notwithstanding any other provision of this Section, a
non-home rule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the
chief of the police department. The ordinance shall provide for
no more than one deputy chief position if the police department
has fewer than 25 full-time police officers and for no more
than 2 deputy chief positions if the police department has 25
or more full-time police officers. The deputy chief position
shall be an exempt rank immediately below that of Chief. The
deputy chief may be appointed from any rank of sworn, full-time
officers of the municipality's police department, but must have
at least 5 years of full-time service as a police officer in
that department. A deputy chief shall serve at the discretion
of the Chief and, if removed from the position, shall revert to
the rank currently held, without regard as to whether a vacancy
exists in that rank. A deputy chief of police, having been
appointed from any rank of sworn full-time officers of that
municipality's police department, shall be permitted,
regardless of rank, to take promotional exams and be promoted
to a higher classified rank than he currently holds, without
having to resign as deputy chief of police.
No municipality having a population less than 1,000,000
shall require that any firefighter appointed to the lowest rank

serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a licensed certified paramedic, during which
time the sole reason that a firefighter may be discharged
without a hearing is for failing to meet the requirements for
paramedic licensure certification.
To the extent that this Section or any other Section in
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
(Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12.)
(65 ILCS 5/10-2.1-6.3)
Sec. 10-2.1-6.3. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the
provisions of Section 10-2.1-6.4, this Section shall apply to
all original appointments to an affected full-time fire

department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after the effective date of this amendatory Act of the
97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before the effective date of this amendatory
Act of the 97th General Assembly is exempt from the
requirements of this Section for the duration of the court

order or consent decree.
Notwithstanding any other provision of this subsection
(a), this Section does not apply to a municipality with more
than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed
the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new position
or vacancy due to resignation, discharge, promotion, death, the
granting of a disability or retirement pension, or any other
cause, the appointing authority shall appoint to that position
the person with the highest ranking on the final eligibility
list. If the appointing authority has reason to conclude that
the highest ranked person fails to meet the minimum standards
for the position or if the appointing authority believes an
alternate candidate would better serve the needs of the
department, then the appointing authority has the right to pass
over the highest ranked person and appoint either: (i) any
person who has a ranking in the top 5% of the register of
eligibles or (ii) any person who is among the top 5 highest

ranked persons on the list of eligibles if the number of people
who have a ranking in the top 5% of the register of eligibles
is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall not
prejudice a person's opportunities to participate in future
examinations, including an examination held during the time a
candidate is already on the municipality's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire and police commissioners.
All certificates of appointment issued to any officer or member
of an affected department shall be signed by the chairperson
and secretary, respectively, of the board upon appointment of
such officer or member to the affected department by action of
the board. Each person who accepts a certificate of appointment
and successfully completes his or her probationary period shall
be enrolled as a firefighter and as a regular member of the
fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of this amendatory Act of the 97th General Assembly appointed
to a fire department or fire protection district or employed by
a State university and sworn or commissioned to perform

firefighter duties or paramedic duties, or both, except that
the following persons are not included: part-time
firefighters; auxiliary, reserve, or voluntary firefighters,
including paid-on-call firefighters; clerks and dispatchers or
other civilian employees of a fire department or fire
protection district who are not routinely expected to perform
firefighter duties; and elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required of
members of the fire department in order to provide the highest
quality of service to the public. To this end, all applicants
for original appointment to an affected fire department shall
be subject to examination and testing which shall be public,
competitive, and open to all applicants unless the municipality
shall by ordinance limit applicants to residents of the
municipality, county or counties in which the municipality is
located, State, or nation. Municipalities may establish
educational, emergency medical service licensure, and other
pre-requisites for participation in an examination or for hire
as a firefighter. Any municipality may charge a fee to cover
the costs of the application process.
Residency requirements in effect at the time an individual
enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of

service for that municipality, or be made a condition of
promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to the
Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the
municipality, except as provided in this Section. The age
limitation does not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located in
Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section 21
of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district, or
(2) any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the municipality begins to use full-time firefighters
to provide all or part of its fire protection service.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.

No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality shall require that any firefighter
appointed to the lowest rank serve a probationary employment
period of longer than one year of actual active employment,
which may exclude periods of training, or injury or illness
leaves, including duty related leave, in excess of 30 calendar
days. Notwithstanding anything to the contrary in this Section,
the probationary employment period limitation may be extended
for a firefighter who is required, as a condition of
employment, to be a licensed certified paramedic, during which
time the sole reason that a firefighter may be discharged
without a hearing is for failing to meet the requirements for
paramedic licensure certification.
In the event that any applicant who has been found eligible
for appointment and whose name has been placed upon the final
eligibility register provided for in this Section has not been
appointed to a firefighter position within one year after the
date of his or her physical ability examination, the commission
may cause a second examination to be made of that applicant's
physical ability prior to his or her appointment. If, after the
second examination, the physical ability of the applicant shall
be found to be less than the minimum standard fixed by the
rules of the commission, the applicant shall not be appointed.

The applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality, or (ii) on the
municipality's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on the
final register of eligibles. The examination may also include a
subjective component based on merit criteria as determined by
the commission. Scores from the examination must be made

available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written examinations
shall be administered in a manner that ensures the security and
accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform the
essential functions included in the duties they may be called
upon to perform as a member of a fire department. For the
purposes of this Section, essential functions of the job are
functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions

that may be required in the performance of duties including
grip strength, leg strength, and arm strength. Tests shall
be conducted under anaerobic as well as aerobic conditions
to test both the candidate's speed and endurance in
performing tasks and evolutions. Tasks tested may be based
on standards developed, or approved, by the local
appointing authority.
(2) The ability to climb ladders, operate from heights,
walk or crawl in the dark along narrow and uneven surfaces,
and operate in proximity to hazardous environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors
and monitors, open to the public, and subject to reasonable
regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A

person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means a score that is at or
above the median score for all applicants participating in the
written test. The appointing authority may conduct the physical
ability component and any subjective components subsequent to
the posting of the preliminary eligibility register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the median score. The local
appointing authority may prescribe the score to qualify for
placement on the final eligibility register, but the score
shall not be less than the median score.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum fixed by this
Section and who have passed the physical ability examination.
These persons shall take rank upon the register as candidates

in the order of their relative excellence based on the highest
to the lowest total points scored on the mental aptitude,
subjective component, and preference components of the test
administered in accordance with this Section. No more than 60
days after each examination, an initial eligibility list shall
be posted by the commission. The list shall include the final
grades of the candidates without reference to priority of the
time of examination and subject to claim for preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference to
priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.

(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field of
fire service or emergency medical services, or a bachelor's
degree from an accredited college or university may be
preferred for appointment to and employment with the fire
department.
(4) Paramedic preference. Persons who have obtained a
license certification as a paramedic an Emergency Medical
Technician-Paramedic (EMT-P) shall be preferred for
appointment to and employment with the fire department of
an affected department providing emergency medical
services.
(5) Experience preference. All persons employed by a
municipality who have been paid-on-call or part-time
certified Firefighter II, State of Illinois or nationally
licensed EMT, EMT-B or EMT-I, A-EMT, or any combination of
those capacities shall be awarded 0.5 point for each year
of successful service in one or more of those capacities,
up to a maximum of 5 points. Certified Firefighter III and

State of Illinois or nationally licensed paramedics shall
be awarded one point per year up to a maximum of 5 points.
Applicants from outside the municipality who were employed
as full-time firefighters or firefighter-paramedics by a
fire protection district or another municipality for at
least 2 years shall be awarded 5 experience preference
points. These additional points presuppose a rating scale
totaling 100 points available for the eligibility list. If
more or fewer points are used in the rating scale for the
eligibility list, the points awarded under this subsection
shall be increased or decreased by a factor equal to the
total possible points available for the examination
divided by 100.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days after the request, the number of
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full
amount of preference points under this subsection if the
amount of points awarded would place the candidate before a
veteran on the eligibility list. If more than one candidate
receiving experience preference points is prevented from
receiving all of their points due to not being allowed to
pass a veteran, the candidates shall be placed on the list

below the veteran in rank order based on the totals
received if all points under this subsection were to be
awarded. Any remaining ties on the list shall be determined
by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction shall be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission shall determine the number of preference points
for each category except (1). The number of preference
points for each category shall range from 0 to 5. In
determining the number of preference points, the
commission shall prescribe that if a candidate earns the
maximum number of preference points in all categories, that
number may not be less than 10 nor more than 30. The
commission shall give preference for original appointment
to persons designated in items (2) through (7) by adding
the requisite number of points to the final grade for each

recognized preference achieved. The numerical result thus
attained shall be applied by the commission in determining
the final eligibility list and appointment from the
eligibility list. The local appointing authority may
prescribe the total number of preference points awarded
under this Section, but the total number of preference
points shall not be less than 10 points or more than 30
points.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. All employment shall be subject
to the commission's initial hire background review including,
but not limited to, criminal history, employment history, moral
character, oral examination, and medical and psychological
examinations, all on a pass-fail basis. The medical and
psychological examinations must be conducted last, and may only

be performed after a conditional offer of employment has been
extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 2 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or arrest for any cause without
conviction thereon. Any such person who is in the department
may be removed on charges brought for violating this subsection

and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or otherwise
knowingly violates or subverts any requirement of this Section,

commits a violation of this Section and may be subject to
charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
97-1150, eff. 1-25-13.)
(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
Sec. 10-2.1-14. Register of eligibles. The board of fire
and police commissioners shall prepare and keep a register of
persons whose general average standing, upon examination, is
not less than the minimum fixed by the rules of the board, and
who are otherwise eligible. These persons shall take rank upon
the register as candidates in the order of their relative
excellence as determined by examination, without reference to
priority of time of examination. The board of fire and police
commissioners may prepare and keep a second register of persons
who have previously been full-time sworn officers of a regular
police department in any municipal, county, university, or
State law enforcement agency, provided they are certified by
the Illinois Law Enforcement Training Standards Board and have
been with their respective law enforcement agency within the
State for at least 2 years. The persons on this list shall take

rank upon the register as candidates in the order of their
relative excellence as determined by members of the board of
fire and police commissioners. Applicants who have been awarded
a certificate attesting to their successful completion of the
Minimum Standards Basic Law Enforcement Training Course, as
provided in the Illinois Police Training Act, may be given
preference in appointment over noncertified applicants.
Applicants for appointment to fire departments who are licensed
as an EMT EMT-B, EMT-I, A-EMT, or paramedic EMT-P under the
Emergency Medical Services (EMS) Systems Act, may be given
preference in appointment over non-licensed applicants.
Within 60 days after each examination, an eligibility list
shall be posted by the board, which shall show the final grades
of the candidates without reference to priority of time of
examination and subject to claim for military credit.
Candidates who are eligible for military credit shall make a
claim in writing within 10 days after the posting of the
eligibility list or such claim shall be deemed waived.
Appointment shall be subject to a final physical examination.
If a person is placed on an eligibility list and becomes
overage before he or she is appointed to a police or fire
department, the person remains eligible for appointment until
the list is abolished pursuant to authorized procedures.
Otherwise no person who has attained the age of 36 years shall
be inducted as a member of a police department and no person
who has attained the age of 35 years shall be inducted as a

member of a fire department, except as otherwise provided in
this division. With respect to a police department, a veteran
shall be allowed to exceed the maximum age provision of this
Section by the number of years served on active military duty,
but by no more than 10 years of active military duty.
(Source: P.A. 95-931, eff. 1-1-09; 96-472, eff. 8-14-09.)
(65 ILCS 5/10-2.1-31)
Sec. 10-2.1-31. Emergency medical technician licensure.
The corporate authorities of any municipality may require that
all firefighters hired by the municipality on or after January
1, 2009 (the effective date of Public Act 95-935) this
amendatory Act of the 95th General Assembly be licensed as an
EMT EMT-B, EMT-I, A-EMT, or paramedic EMT-P under the Emergency
Medical Services (EMS) Systems Act.
(Source: P.A. 95-935, eff. 1-1-09.)
Section 20. The Fire Protection District Act is amended by
changing Sections 16.06b, 16.08b, and 16.13b as follows:
(70 ILCS 705/16.06b)
Sec. 16.06b. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the
provisions of Section 16.06c, this Section shall apply to all
original appointments to an affected full-time fire

department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after the effective date of this amendatory Act of the
97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in a no less stringent manner than the manner provided for in
this Section. Provisions of the Illinois Municipal Code, Fire
Protection District Act, fire district ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A fire protection district that is operating under a court
order or consent decree regarding original appointments to a
full-time fire department before the effective date of this
amendatory Act of the 97th General Assembly is exempt from the
requirements of this Section for the duration of the court
order or consent decree.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
required by this Section. Only persons who meet or exceed the
performance standards required by the Section shall be placed

on a register of eligibles for original appointment to an
affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new position
or vacancy due to resignation, discharge, promotion, death, the
granting of a disability or retirement pension, or any other
cause, the appointing authority shall appoint to that position
the person with the highest ranking on the final eligibility
list. If the appointing authority has reason to conclude that
the highest ranked person fails to meet the minimum standards
for the position or if the appointing authority believes an
alternate candidate would better serve the needs of the
department, then the appointing authority has the right to pass
over the highest ranked person and appoint either: (i) any
person who has a ranking in the top 5% of the register of
eligibles or (ii) any person who is among the top 5 highest
ranked persons on the list of eligibles if the number of people
who have a ranking in the top 5% of the register of eligibles
is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall not
prejudice a person's opportunities to participate in future
examinations, including an examination held during the time a

candidate is already on the fire district's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire commissioners, or board of
trustees serving in the capacity of a board of fire
commissioners. All certificates of appointment issued to any
officer or member of an affected department shall be signed by
the chairperson and secretary, respectively, of the commission
upon appointment of such officer or member to the affected
department by action of the commission. Each person who accepts
a certificate of appointment and successfully completes his or
her probationary period shall be enrolled as a firefighter and
as a regular member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of this amendatory Act of the 97th General Assembly appointed
to a fire department or fire protection district or employed by
a State university and sworn or commissioned to perform
firefighter duties or paramedic duties, or both, except that
the following persons are not included: part-time
firefighters; auxiliary, reserve, or voluntary firefighters,
including paid-on-call firefighters; clerks and dispatchers or
other civilian employees of a fire department or fire
protection district who are not routinely expected to perform
firefighter duties; and elected officials.
(c) Qualification for placement on register of eligibles.

The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required of
members of the fire department in order to provide the highest
quality of service to the public. To this end, all applicants
for original appointment to an affected fire department shall
be subject to examination and testing which shall be public,
competitive, and open to all applicants unless the district
shall by ordinance limit applicants to residents of the
district, county or counties in which the district is located,
State, or nation. Districts may establish educational,
emergency medical service licensure, and other pre-requisites
for participation in an examination or for hire as a
firefighter. Any fire protection district may charge a fee to
cover the costs of the application process.
Residency requirements in effect at the time an individual
enters the fire service of a district cannot be made more
restrictive for that individual during his or her period of
service for that district, or be made a condition of promotion,
except for the rank or position of fire chief and for no more
than 2 positions that rank immediately below that of the chief
rank which are appointed positions pursuant to the Fire
Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter

in the regularly constituted fire department of the district,
except as provided in this Section. The age limitation does not
apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located in
Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section 21
of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district, or
(2) any person who has served a fire district as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the district begins to use full-time firefighters to
provide all or part of its fire protection service.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
district or their designees and agents.
No district shall require that any firefighter appointed to
the lowest rank serve a probationary employment period of
longer than one year of actual active employment, which may
exclude periods of training, or injury or illness leaves,

including duty related leave, in excess of 30 calendar days.
Notwithstanding anything to the contrary in this Section, the
probationary employment period limitation may be extended for a
firefighter who is required, as a condition of employment, to
be a licensed certified paramedic, during which time the sole
reason that a firefighter may be discharged without a hearing
is for failing to meet the requirements for paramedic licensure
certification.
In the event that any applicant who has been found eligible
for appointment and whose name has been placed upon the final
eligibility register provided for in this Section has not been
appointed to a firefighter position within one year after the
date of his or her physical ability examination, the commission
may cause a second examination to be made of that applicant's
physical ability prior to his or her appointment. If, after the
second examination, the physical ability of the applicant shall
be found to be less than the minimum standard fixed by the
rules of the commission, the applicant shall not be appointed.
The applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.

(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the district, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the district, or (ii) on the fire protection
district's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on the
final register of eligibles. The examination may also include a
subjective component based on merit criteria as determined by
the commission. Scores from the examination must be made
available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties

performed by members of a fire department. Written examinations
shall be administered in a manner that ensures the security and
accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform the
essential functions included in the duties they may be called
upon to perform as a member of a fire department. For the
purposes of this Section, essential functions of the job are
functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties including
grip strength, leg strength, and arm strength. Tests shall
be conducted under anaerobic as well as aerobic conditions
to test both the candidate's speed and endurance in
performing tasks and evolutions. Tasks tested may be based
on standards developed, or approved, by the local
appointing authority.
(2) The ability to climb ladders, operate from heights,

walk or crawl in the dark along narrow and uneven surfaces,
and operate in proximity to hazardous environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors
and monitors, open to the public, and subject to reasonable
regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means a score that is at or
above the median score for all applicants participating in the
written test. The appointing authority may conduct the physical
ability component and any subjective components subsequent to
the posting of the preliminary eligibility register.

The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the median score. The local
appointing authority may prescribe the score to qualify for
placement on the final eligibility register, but the score
shall not be less than the median score.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum fixed by this
Section and who have passed the physical ability examination.
These persons shall take rank upon the register as candidates
in the order of their relative excellence based on the highest
to the lowest total points scored on the mental aptitude,
subjective component, and preference components of the test
administered in accordance with this Section. No more than 60
days after each examination, an initial eligibility list shall
be posted by the commission. The list shall include the final
grades of the candidates without reference to priority of the
time of examination and subject to claim for preference credit.

Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference to
priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have

successfully obtained an associate's degree in the field of
fire service or emergency medical services, or a bachelor's
degree from an accredited college or university may be
preferred for appointment to and employment with the fire
department.
(4) Paramedic preference. Persons who have obtained a
license certification as a paramedic an Emergency Medical
Technician-Paramedic (EMT-P) may be preferred for
appointment to and employment with the fire department of
an affected department providing emergency medical
services.
(5) Experience preference. All persons employed by a
district who have been paid-on-call or part-time certified
Firefighter II, certified Firefighter III, State of
Illinois or nationally licensed EMT, EMT-B or EMT-I, A-EMT,
or licensed paramedic, or any combination of those
capacities may be awarded up to a maximum of 5 points.
However, the applicant may not be awarded more than 0.5
points for each complete year of paid-on-call or part-time
service. Applicants from outside the district who were
employed as full-time firefighters or
firefighter-paramedics by a fire protection district or
municipality for at least 2 years may be awarded up to 5
experience preference points. However, the applicant may
not be awarded more than one point for each complete year
of full-time service.

Upon request by the commission, the governing body of
the district or in the case of applicants from outside the
district the governing body of any other fire protection
district or any municipality shall certify to the
commission, within 10 days after the request, the number of
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full
amount of preference points under this subsection if the
amount of points awarded would place the candidate before a
veteran on the eligibility list. If more than one candidate
receiving experience preference points is prevented from
receiving all of their points due to not being allowed to
pass a veteran, the candidates shall be placed on the list
below the veteran in rank order based on the totals
received if all points under this subsection were to be
awarded. Any remaining ties on the list shall be determined
by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(8) Scoring of preferences. The commission shall give

preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission shall determine the number of preference points
for each category except (1). The number of preference
points for each category shall range from 0 to 5. In
determining the number of preference points, the
commission shall prescribe that if a candidate earns the
maximum number of preference points in all categories, that
number may not be less than 10 nor more than 30. The
commission shall give preference for original appointment
to persons designated in items (2) through (7) by adding
the requisite number of points to the final grade for each
recognized preference achieved. The numerical result thus
attained shall be applied by the commission in determining
the final eligibility list and appointment from the
eligibility list. The local appointing authority may
prescribe the total number of preference points awarded
under this Section, but the total number of preference
points shall not be less than 10 points or more than 30
points.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a

credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. All employment shall be subject
to the commission's initial hire background review including,
but not limited to, criminal history, employment history, moral
character, oral examination, and medical and psychological
examinations, all on a pass-fail basis. The medical and
psychological examinations must be conducted last, and may only
be performed after a conditional offer of employment has been
extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 2 years.
(i) Moral character. No person shall be appointed to a fire

department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or arrest for any cause without
conviction thereon. Any such person who is in the department
may be removed on charges brought for violating this subsection
and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,

pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Section, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or otherwise
knowingly violates or subverts any requirement of this Section,
commits a violation of this Section and may be subject to
charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
97-1150, eff. 1-25-13.)
(70 ILCS 705/16.08b)
Sec. 16.08b. Emergency medical technician licensure. The
board of trustees of a fire protection district may require

that all firefighters hired on or after January 1, 2005 (the
effective date of Public Act 93-952) this amendatory Act of the
93rd General Assembly by any fire department within the
district must be licensed as an EMT EMT-B, EMT-I, A-EMT, or
paramedic EMT-P under the Emergency Medical Services (EMS)
Systems Act.
(Source: P.A. 93-952, eff. 1-1-05.)
(70 ILCS 705/16.13b) (from Ch. 127 1/2, par. 37.13b)
Sec. 16.13b. Unless the employer and a labor organization
have agreed to a contract provision providing for final and
binding arbitration of disputes concerning the existence of
just cause for disciplinary action, no officer or member of the
fire department of any protection district who has held that
position for one year shall be removed or discharged except for
just cause, upon written charges specifying the complainant and
the basis for the charges, and after a hearing on those charges
before the board of fire commissioners, affording the officer
or member an opportunity to be heard in his own defense. In
such case the appointing authority shall file with the board of
trustees the reasons for such removal or discharge, which
removal or discharge shall not become effective unless
confirmed by a majority vote of the board of trustees. If
written charges are brought against an officer or member, the
board of fire commissioners shall conduct a fair and impartial
hearing of the charges, to be commenced within 30 days of the

filing thereof, which hearing may be continued from time to
time. The Chief of the department shall bear the burden of
proving the guilt of the officer or member by a preponderance
of the evidence. In case an officer or member is found guilty,
the board may discharge him, or may suspend him not exceeding
30 calendar days without pay. The board may suspend any officer
or member pending the hearing with or without pay, but in no
event shall the suspension pending hearing and the ultimate
suspension imposed on the officer or member, if any, exceed 30
calendar days without pay in the aggregate. If the board of
fire commissioners determines that the charges are not
sustained, the officer or member shall be reimbursed for all
wages withheld or lost, if any. In the conduct of this hearing,
each member of the board shall have power to secure by its
subpoena both the attendance and testimony of witnesses and the
production of books and papers relevant to the hearing.
Notwithstanding any other provision of this Section, a
probationary employment period may be extended beyond one year
for a firefighter who is required as a condition of employment
to be a licensed certified paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure certification.
The age for mandatory retirement of firemen in the service
of any department of such district is 65 years, unless the
board of trustees shall by ordinance provide for an earlier

mandatory retirement age of not less than 60 years.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the
board of fire commissioners hereunder. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
Nothing in this Section shall be construed to prevent the
Chief of the fire department from suspending without pay a
member of his department for a period of not more than 5
consecutive calendar days, but he shall notify the board in
writing of such suspension. Any fireman so suspended may appeal
to the board of fire commissioners for a review of the
suspension within 5 calendar days after such suspension. Upon
such appeal, the Chief of the department shall bear the burden
of proof in establishing the guilt of the officer or member by
a preponderance of the evidence. The board may sustain the
action of the Chief of the department, may reduce the
suspension to a lesser penalty, or may reverse it with
instructions that the officer or member receive his pay and
other benefits withheld for the period involved, or may suspend
the officer for an additional period of not more than 30 days,
or discharge him, depending upon the facts presented.
(Source: P.A. 94-135, eff. 7-7-05.)

Section 25. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.5, 3.10, 3.15, 3.20,
3.25, 3.35, 3.40, 3.45, 3.50, 3.55, 3.65, 3.70, 3.75, 3.80,
3.130, 3.140, 3.165, 3.170, 3.180, 3.200, 3.205, and 3.210 as
follows:
(210 ILCS 50/3.5)
Sec. 3.5. Definitions. As used in this Act:
"Department" means the Illinois Department of Public
Health.
"Director" means the Director of the Illinois Department of
Public Health.
"Emergency" means a medical condition of recent onset and
severity that would lead a prudent layperson, possessing an
average knowledge of medicine and health, to believe that
urgent or unscheduled medical care is required.
"Emergency Medical Services personnel" or "EMS personnel"
means persons licensed as an Emergency Medical Responder (EMR)
(First Responder), Emergency Medical Dispatcher (EMD),
Emergency Medical Technician (EMT), Emergency Medical
Technician-Intermediate (EMT-I), Advanced Emergency Medical
Technician (A-EMT), Paramedic (EMT-P), Emergency
Communications Registered Nurse (ECRN), or Pre-Hospital
Registered Nurse (PHRN).
"Health Care Facility" means a hospital, nursing home,
physician's office or other fixed location at which medical and

health care services are performed. It does not include
"pre-hospital emergency care settings" which utilize EMS
personnel EMTs to render pre-hospital emergency care prior to
the arrival of a transport vehicle, as defined in this Act.
"Hospital" has the meaning ascribed to that term in the
Hospital Licensing Act.
"Trauma" means any significant injury which involves
single or multiple organ systems.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.10)
Sec. 3.10. Scope of Services.
(a) "Advanced Life Support (ALS) Services" means an
advanced level of pre-hospital and inter-hospital emergency
care and non-emergency medical services that includes basic
life support care, cardiac monitoring, cardiac defibrillation,
electrocardiography, intravenous therapy, administration of
medications, drugs and solutions, use of adjunctive medical
devices, trauma care, and other authorized techniques and
procedures, as outlined in the provisions of the National EMS
Education Standards relating to Advanced Life Support national
curriculum of the United States Department of Transportation
and any modifications to that curriculum specified in rules
adopted by the Department pursuant to this Act.
That care shall be initiated as authorized by the EMS
Medical Director in a Department approved advanced life support

EMS System, under the written or verbal direction of a
physician licensed to practice medicine in all of its branches
or under the verbal direction of an Emergency Communications
Registered Nurse.
(b) "Intermediate Life Support (ILS) Services" means an
intermediate level of pre-hospital and inter-hospital
emergency care and non-emergency medical services that
includes basic life support care plus intravenous cannulation
and fluid therapy, invasive airway management, trauma care, and
other authorized techniques and procedures, as outlined in the
Intermediate Life Support national curriculum of the United
States Department of Transportation and any modifications to
that curriculum specified in rules adopted by the Department
pursuant to this Act.
That care shall be initiated as authorized by the EMS
Medical Director in a Department approved intermediate or
advanced life support EMS System, under the written or verbal
direction of a physician licensed to practice medicine in all
of its branches or under the verbal direction of an Emergency
Communications Registered Nurse.
(c) "Basic Life Support (BLS) Services" means a basic level
of pre-hospital and inter-hospital emergency care and
non-emergency medical services that includes airway
management, cardiopulmonary resuscitation (CPR), control of
shock and bleeding and splinting of fractures, as outlined in
the provisions of the National EMS Education Standards relating

to Basic Life Support national curriculum of the United States
Department of Transportation and any modifications to that
curriculum specified in rules adopted by the Department
pursuant to this Act.
That care shall be initiated, where authorized by the EMS
Medical Director in a Department approved EMS System, under the
written or verbal direction of a physician licensed to practice
medicine in all of its branches or under the verbal direction
of an Emergency Communications Registered Nurse.
(d) "Emergency Medical Responder First Response Services"
means a preliminary level of pre-hospital emergency care that
includes cardiopulmonary resuscitation (CPR), monitoring vital
signs and control of bleeding, as outlined in the Emergency
Medical Responder (EMR) curriculum of the National EMS
Education Standards First Responder curriculum of the United
States Department of Transportation and any modifications to
that curriculum specified in rules adopted by the Department
pursuant to this Act.
(e) "Pre-hospital care" means those emergency medical
services rendered to emergency patients for analytic,
resuscitative, stabilizing, or preventive purposes, precedent
to and during transportation of such patients to health care
facilities hospitals.
(f) "Inter-hospital care" means those emergency medical
services rendered to emergency patients for analytic,
resuscitative, stabilizing, or preventive purposes, during

transportation of such patients from one hospital to another
hospital.
(f-5) "Critical care transport" means the pre-hospital or
inter-hospital transportation of a critically injured or ill
patient by a vehicle service provider, including the provision
of medically necessary supplies and services, at a level of
service beyond the scope of the Paramedic EMT-paramedic. When
medically indicated for a patient, as determined by a physician
licensed to practice medicine in all of its branches, an
advanced practice nurse, or a physician's assistant, in
compliance with subsections (b) and (c) of Section 3.155 of
this Act, critical care transport may be provided by:
(1) Department-approved critical care transport
providers, not owned or operated by a hospital, utilizing
Paramedics EMT-paramedics with additional training,
nurses, or other qualified health professionals; or
(2) Hospitals, when utilizing any vehicle service
provider or any hospital-owned or operated vehicle service
provider. Nothing in Public Act 96-1469 this amendatory Act
of the 96th General Assembly requires a hospital to use, or
to be, a Department-approved critical care transport
provider when transporting patients, including those
critically injured or ill. Nothing in this Act shall
restrict or prohibit a hospital from providing, or
arranging for, the medically appropriate transport of any
patient, as determined by a physician licensed to practice

in all of its branches, an advanced practice nurse, or a
physician's assistant.
(g) "Non-emergency medical services" means medical care or
monitoring rendered to patients whose conditions do not meet
this Act's definition of emergency, before or during
transportation of such patients to or from health care
facilities visited for the purpose of obtaining medical or
health care services which are not emergency in nature, using a
vehicle regulated by this Act.
(g-5) The Department shall have the authority to promulgate
minimum standards for critical care transport providers
through rules adopted pursuant to this Act. All critical care
transport providers must function within a Department-approved
EMS System. Nothing in Department rules shall restrict a
hospital's ability to furnish personnel, equipment, and
medical supplies to any vehicle service provider, including a
critical care transport provider. Minimum critical care
transport provider standards shall include, but are not limited
to:
(1) Personnel staffing and licensure.
(2) Education, certification, and experience.
(3) Medical equipment and supplies.
(4) Vehicular standards.
(5) Treatment and transport protocols.
(6) Quality assurance and data collection.
(h) The provisions of this Act shall not apply to the use

of an ambulance or SEMSV, unless and until emergency or
non-emergency medical services are needed during the use of the
ambulance or SEMSV.
(Source: P.A. 96-1469, eff. 1-1-11.)
(210 ILCS 50/3.15)
Sec. 3.15. Emergency Medical Services (EMS) Regions. The
Beginning September 1, 1995, the Department shall designate
Emergency Medical Services (EMS) Regions within the State,
consisting of specific geographic areas encompassing EMS
Systems and trauma centers, in which emergency medical
services, trauma services, and non-emergency medical services
are coordinated under an EMS Region Plan.
In designating EMS Regions, the Department shall take into
consideration, but not be limited to, the location of existing
EMS Systems, Trauma Regions and trauma centers, existing
patterns of inter-System transports, population locations and
density, transportation modalities, and geographical distance
from available trauma and emergency department care.
Use of the term Trauma Region to identify a specific
geographic area shall be discontinued upon designation of areas
as EMS Regions.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.20)
Sec. 3.20. Emergency Medical Services (EMS) Systems.

(a) "Emergency Medical Services (EMS) System" means an
organization of hospitals, vehicle service providers and
personnel approved by the Department in a specific geographic
area, which coordinates and provides pre-hospital and
inter-hospital emergency care and non-emergency medical
transports at a BLS, ILS and/or ALS level pursuant to a System
program plan submitted to and approved by the Department, and
pursuant to the EMS Region Plan adopted for the EMS Region in
which the System is located.
(b) One hospital in each System program plan must be
designated as the Resource Hospital. All other hospitals which
are located within the geographic boundaries of a System and
which have standby, basic or comprehensive level emergency
departments must function in that EMS System as either an
Associate Hospital or Participating Hospital and follow all
System policies specified in the System Program Plan, including
but not limited to the replacement of drugs and equipment used
by providers who have delivered patients to their emergency
departments. All hospitals and vehicle service providers
participating in an EMS System must specify their level of
participation in the System Program Plan.
(c) The Department shall have the authority and
responsibility to:
(1) Approve BLS, ILS and ALS level EMS Systems which
meet minimum standards and criteria established in rules
adopted by the Department pursuant to this Act, including

the submission of a Program Plan for Department approval.
Beginning September 1, 1997, the Department shall approve
the development of a new EMS System only when a local or
regional need for establishing such System has been
verified by the Department. This shall not be construed as
a needs assessment for health planning or other purposes
outside of this Act. Following Department approval, EMS
Systems must be fully operational within one year from the
date of approval.
(2) Monitor EMS Systems, based on minimum standards for
continuing operation as prescribed in rules adopted by the
Department pursuant to this Act, which shall include
requirements for submitting Program Plan amendments to the
Department for approval.
(3) Renew EMS System approvals every 4 years, after an
inspection, based on compliance with the standards for
continuing operation prescribed in rules adopted by the
Department pursuant to this Act.
(4) Suspend, revoke, or refuse to renew approval of any
EMS System, after providing an opportunity for a hearing,
when findings show that it does not meet the minimum
standards for continuing operation as prescribed by the
Department, or is found to be in violation of its
previously approved Program Plan.
(5) Require each EMS System to adopt written protocols
for the bypassing of or diversion to any hospital, trauma

center or regional trauma center, which provide that a
person shall not be transported to a facility other than
the nearest hospital, regional trauma center or trauma
center unless the medical benefits to the patient
reasonably expected from the provision of appropriate
medical treatment at a more distant facility outweigh the
increased risks to the patient from transport to the more
distant facility, or the transport is in accordance with
the System's protocols for patient choice or refusal.
(6) Require that the EMS Medical Director of an ILS or
ALS level EMS System be a physician licensed to practice
medicine in all of its branches in Illinois, and certified
by the American Board of Emergency Medicine or the American
Osteopathic Board of Osteopathic Emergency Medicine, and
that the EMS Medical Director of a BLS level EMS System be
a physician licensed to practice medicine in all of its
branches in Illinois, with regular and frequent
involvement in pre-hospital emergency medical services. In
addition, all EMS Medical Directors shall:
(A) Have experience on an EMS vehicle at the
highest level available within the System, or make
provision to gain such experience within 12 months
prior to the date responsibility for the System is
assumed or within 90 days after assuming the position;
(B) Be thoroughly knowledgeable of all skills
included in the scope of practices of all levels of EMS

personnel within the System;
(C) Have or make provision to gain experience
instructing students at a level similar to that of the
levels of EMS personnel within the System; and
(D) For ILS and ALS EMS Medical Directors,
successfully complete a Department-approved EMS
Medical Director's Course.
(7) Prescribe statewide EMS data elements to be
collected and documented by providers in all EMS Systems
for all emergency and non-emergency medical services, with
a one-year phase-in for commencing collection of such data
elements.
(8) Define, through rules adopted pursuant to this Act,
the terms "Resource Hospital", "Associate Hospital",
"Participating Hospital", "Basic Emergency Department",
"Standby Emergency Department", "Comprehensive Emergency
Department", "EMS Medical Director", "EMS Administrative
Director", and "EMS System Coordinator".
(A) (Blank). Upon the effective date of this
amendatory Act of 1995, all existing Project Medical
Directors shall be considered EMS Medical Directors,
and all persons serving in such capacities on the
effective date of this amendatory Act of 1995 shall be
exempt from the requirements of paragraph (7) of this
subsection;
(B) (Blank). Upon the effective date of this

amendatory Act of 1995, all existing EMS System Project
Directors shall be considered EMS Administrative
Directors.
(9) Investigate the circumstances that caused a
hospital in an EMS system to go on bypass status to
determine whether that hospital's decision to go on bypass
status was reasonable. The Department may impose
sanctions, as set forth in Section 3.140 of the Act, upon a
Department determination that the hospital unreasonably
went on bypass status in violation of the Act.
(10) Evaluate the capacity and performance of any
freestanding emergency center established under Section
32.5 of this Act in meeting emergency medical service needs
of the public, including compliance with applicable
emergency medical standards and assurance of the
availability of and immediate access to the highest quality
of medical care possible.
(11) Permit limited EMS System participation by
facilities operated by the United States Department of
Veterans Affairs, Veterans Health Administration. Subject
to patient preference, Illinois EMS providers may
transport patients to Veterans Health Administration
facilities that voluntarily participate in an EMS System.
Any Veterans Health Administration facility seeking
limited participation in an EMS System shall agree to
comply with all Department administrative rules

implementing this Section. The Department may promulgate
rules, including, but not limited to, the types of Veterans
Health Administration facilities that may participate in
an EMS System and the limitations of participation.
(Source: P.A. 96-1009, eff. 1-1-11; 96-1469, eff. 1-1-11;
97-333, eff. 8-12-11.)
(210 ILCS 50/3.25)
Sec. 3.25. EMS Region Plan; Development.
(a) Within 6 months after designation of an EMS Region, an
EMS Region Plan addressing at least the information prescribed
in Section 3.30 shall be submitted to the Department for
approval. The Plan shall be developed by the Region's EMS
Medical Directors Committee with advice from the Regional EMS
Advisory Committee; portions of the plan concerning trauma
shall be developed jointly with the Region's Trauma Center
Medical Directors or Trauma Center Medical Directors
Committee, whichever is applicable, with advice from the
Regional Trauma Advisory Committee, if such Advisory Committee
has been established in the Region. Portions of the Plan
concerning stroke shall be developed jointly with the Regional
Stroke Advisory Subcommittee.
(1) A Region's EMS Medical Directors Committee shall be
comprised of the Region's EMS Medical Directors, along with
the medical advisor to a fire department vehicle service
provider. For regions which include a municipal fire

department serving a population of over 2,000,000 people,
that fire department's medical advisor shall serve on the
Committee. For other regions, the fire department vehicle
service providers shall select which medical advisor to
serve on the Committee on an annual basis.
(2) A Region's Trauma Center Medical Directors
Committee shall be comprised of the Region's Trauma Center
Medical Directors.
(b) A Region's Trauma Center Medical Directors may choose
to participate in the development of the EMS Region Plan
through membership on the Regional EMS Advisory Committee,
rather than through a separate Trauma Center Medical Directors
Committee. If that option is selected, the Region's Trauma
Center Medical Director shall also determine whether a separate
Regional Trauma Advisory Committee is necessary for the Region.
(c) In the event of disputes over content of the Plan
between the Region's EMS Medical Directors Committee and the
Region's Trauma Center Medical Directors or Trauma Center
Medical Directors Committee, whichever is applicable, the
Director of the Illinois Department of Public Health shall
intervene through a mechanism established by the Department
through rules adopted pursuant to this Act.
(d) "Regional EMS Advisory Committee" means a committee
formed within an Emergency Medical Services (EMS) Region to
advise the Region's EMS Medical Directors Committee and to
select the Region's representative to the State Emergency

Medical Services Advisory Council, consisting of at least the
members of the Region's EMS Medical Directors Committee, the
Chair of the Regional Trauma Committee, the EMS System
Coordinators from each Resource Hospital within the Region, one
administrative representative from an Associate Hospital
within the Region, one administrative representative from a
Participating Hospital within the Region, one administrative
representative from the vehicle service provider which
responds to the highest number of calls for emergency service
within the Region, one administrative representative of a
vehicle service provider from each System within the Region,
one individual from each level of license provided in Section
3.50 of this Act, one Pre-Hospital Registered Nurse Emergency
Medical Technician (EMT)/Pre-Hospital RN from each level of
EMT/Pre-Hospital RN practicing within the Region, and one
registered professional nurse currently practicing in an
emergency department within the Region. Of the 2 administrative
representatives of vehicle service providers, at least one
shall be an administrative representative of a private vehicle
service provider. The Department's Regional EMS Coordinator
for each Region shall serve as a non-voting member of that
Region's EMS Advisory Committee.
Every 2 years, the members of the Region's EMS Medical
Directors Committee shall rotate serving as Committee Chair,
and select the Associate Hospital, Participating Hospital and
vehicle service providers which shall send representatives to

the Advisory Committee, and the EMS personnel
EMTs/Pre-Hospital RN and nurse who shall serve on the Advisory
Committee.
(e) "Regional Trauma Advisory Committee" means a committee
formed within an Emergency Medical Services (EMS) Region, to
advise the Region's Trauma Center Medical Directors Committee,
consisting of at least the Trauma Center Medical Directors and
Trauma Coordinators from each Trauma Center within the Region,
one EMS Medical Director from a resource hospital within the
Region, one EMS System Coordinator from another resource
hospital within the Region, one representative each from a
public and private vehicle service provider which transports
trauma patients within the Region, an administrative
representative from each trauma center within the Region, one
EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or PHRN EMT
representing the highest level of EMS personnel EMT practicing
within the Region, one emergency physician and one Trauma Nurse
Specialist (TNS) currently practicing in a trauma center. The
Department's Regional EMS Coordinator for each Region shall
serve as a non-voting member of that Region's Trauma Advisory
Committee.
Every 2 years, the members of the Trauma Center Medical
Directors Committee shall rotate serving as Committee Chair,
and select the vehicle service providers, EMS personnel EMT,
emergency physician, EMS System Coordinator and TNS who shall
serve on the Advisory Committee.

(Source: P.A. 96-514, eff. 1-1-10.)
(210 ILCS 50/3.35)
Sec. 3.35. Emergency Medical Services (EMS) Resource
Hospital; Functions. The Resource Hospital of an EMS System
shall:
(a) Prepare a Program Plan in accordance with the
provisions of this Act and minimum standards and criteria
established in rules adopted by the Department pursuant to this
Act, and submit such Program Plan to the Department for
approval.
(b) Appoint an EMS Medical Director, who will continually
monitor and supervise the System and who will have the
responsibility and authority for total management of the System
as delegated by the EMS Resource Hospital.
The Program Plan shall require the EMS Medical Director to
appoint an alternate EMS Medical Director and establish a
written protocol addressing the functions to be carried out in
his or her absence.
(c) Appoint an EMS System Coordinator and EMS
Administrative Director in consultation with the EMS Medical
Director and in accordance with rules adopted by the Department
pursuant to this Act.
(d) Identify potential EMS System participants and obtain
commitments from them for the provision of services.
(e) Educate or coordinate the education of EMS personnel

and all other license holders EMT personnel in accordance with
the requirements of this Act, rules adopted by the Department
pursuant to this Act, and the EMS System Program Plan.
(f) Notify the Department of EMS personnel EMT provider
personnel who have successfully completed the requirements as
provided by law for initial licensure, license renewal, and
license reinstatement testing and relicensure by the
Department, except that an ILS or ALS level System may require
its EMT-B personnel to apply directly to the Department for
determination of successful completion of relicensure
requirements.
(g) Educate or coordinate the education of Emergency
Medical Dispatcher candidates, in accordance with the
requirements of this Act, rules adopted by the Department
pursuant to this Act, and the EMS System Program Plan.
(h) Establish or approve protocols for prearrival medical
instructions to callers by System Emergency Medical
Dispatchers who provide such instructions.
(i) Educate or coordinate the education of Pre-Hospital
Registered Nurse RN and ECRN candidates, in accordance with the
requirements of this Act, rules adopted by the Department
pursuant to this Act, and the EMS System Program Plan.
(j) Approve Pre-Hospital Registered Nurse RN and ECRN
candidates to practice within the System, and reapprove
Pre-Hospital Registered Nurses RNs and ECRNs every 4 years in
accordance with the requirements of the Department and the

System Program Plan.
(k) Establish protocols for the use of Pre-Hospital
Registered Nurses RNs within the System.
(l) Establish protocols for utilizing ECRNs and physicians
licensed to practice medicine in all of its branches to monitor
telecommunications from, and give voice orders to, EMS
personnel, under the authority of the EMS Medical Director.
(m) Monitor emergency and non-emergency medical transports
within the System, in accordance with rules adopted by the
Department pursuant to this Act.
(n) Utilize levels of personnel required by the Department
to provide emergency care to the sick and injured at the scene
of an emergency, during transport to a hospital or during
inter-hospital transport and within the hospital emergency
department until the responsibility for the care of the patient
is assumed by the medical personnel of a hospital emergency
department or other facility within the hospital to which the
patient is first delivered by System personnel.
(o) Utilize levels of personnel required by the Department
to provide non-emergency medical services during transport to a
health care facility and within the health care facility until
the responsibility for the care of the patient is assumed by
the medical personnel of the health care facility to which the
patient is delivered by System personnel.
(p) Establish and implement a program for System
participant information and education, in accordance with

rules adopted by the Department pursuant to this Act.
(q) Establish and implement a program for public
information and education, in accordance with rules adopted by
the Department pursuant to this Act.
(r) Operate in compliance with the EMS Region Plan.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.40)
Sec. 3.40. EMS System Participation Suspensions and Due
Process.
(a) An EMS Medical Director may suspend from participation
within the System any EMS personnel, EMS Lead Instructor (LI),
individual, individual provider or other participant
considered not to be meeting the requirements of the Program
Plan of that approved EMS System.
(b) Prior to suspending any individual or entity an EMT or
other provider, an EMS Medical Director shall provide an the
EMT or provider with the opportunity for a hearing before the
local System review board in accordance with subsection (f) and
the rules promulgated by the Department.
(1) If the local System review board affirms or
modifies the EMS Medical Director's suspension order, the
individual or entity EMT or provider shall have the
opportunity for a review of the local board's decision by
the State EMS Disciplinary Review Board, pursuant to
Section 3.45 of this Act.

(2) If the local System review board reverses or
modifies the EMS Medical Director's suspension order, the
EMS Medical Director shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(3) The suspension shall commence only upon the
occurrence of one of the following:
(A) the individual or entity EMT or provider has
waived the opportunity for a hearing before the local
System review board; or
(B) the suspension order has been affirmed or
modified by the local system review board and the
individual or entity EMT or provider has waived the
opportunity for review by the State Board; or
(C) the suspension order has been affirmed or
modified by the local system review board, and the
local board's decision has been affirmed or modified by
the State Board.
(c) An EMS Medical Director may immediately suspend an EMR,
EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other
individual or entity EMT or other provider if he or she finds
that the information in his or her possession indicates that
the continuation in practice by the individual or entity an EMT
or other provider would constitute an imminent danger to the
public. The suspended individual or entity EMT or other

provider shall be issued an immediate verbal notification
followed by a written suspension order to the EMT or other
provider by the EMS Medical Director which states the length,
terms and basis for the suspension.
(1) Within 24 hours following the commencement of the
suspension, the EMS Medical Director shall deliver to the
Department, by messenger, or telefax, or other
Department-approved electronic communication, a copy of
the suspension order and copies of any written materials
which relate to the EMS Medical Director's decision to
suspend the individual or entity EMT or provider. All
medical and patient-specific information, including
Department findings with respect to the quality of care
rendered, shall be strictly confidential pursuant to the
Medical Studies Act.
(2) Within 24 hours following the commencement of the
suspension, the suspended individual or entity EMT or
provider may deliver to the Department, by messenger, or
telefax, or other Department-approved electronic
communication, a written response to the suspension order
and copies of any written materials which the individual or
entity EMT or provider feels are appropriate relate to that
response. All medical and patient-specific information,
including Department findings with respect to the quality
of care rendered, shall be strictly confidential pursuant
to the Medical Studies Act.

(3) Within 24 hours following receipt of the EMS
Medical Director's suspension order or the individual or
entity's EMT or provider's written response, whichever is
later, the Director or the Director's designee shall
determine whether the suspension should be stayed pending
an the EMT's or provider's opportunity for a hearing or
review in accordance with this Act, or whether the
suspension should continue during the course of that
hearing or review. The Director or the Director's designee
shall issue this determination to the EMS Medical Director,
who shall immediately notify the suspended individual or
entity EMT or provider. The suspension shall remain in
effect during this period of review by the Director or the
Director's designee.
(d) Upon issuance of a suspension order for reasons
directly related to medical care, the EMS Medical Director
shall also provide the individual or entity EMT or provider
with the opportunity for a hearing before the local System
review board, in accordance with subsection (f) and the rules
promulgated by the Department.
(1) If the local System review board affirms or
modifies the EMS Medical Director's suspension order, the
individual or entity EMT or provider shall have the
opportunity for a review of the local board's decision by
the State EMS Disciplinary Review Board, pursuant to
Section 3.45 of this Act.

(2) If the local System review board reverses or
modifies the EMS Medical Director's suspension order, the
EMS Medical Director shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(3) The suspended individual or entity EMT or provider
may elect to bypass the local System review board and seek
direct review of the EMS Medical Director's suspension
order by the State EMS Disciplinary Review Board.
(e) The Resource Hospital shall designate a local System
review board in accordance with the rules of the Department,
for the purpose of providing a hearing to any individual or
entity individual provider participating within the System who
is suspended from participation by the EMS Medical Director.
The EMS Medical Director shall arrange for a certified
shorthand reporter to make a stenographic record of that
hearing and thereafter prepare a transcript of the proceedings.
The transcript, all documents or materials received as evidence
during the hearing and the local System review board's written
decision shall be retained in the custody of the EMS system.
The System shall implement a decision of the local System
review board unless that decision has been appealed to the
State Emergency Medical Services Disciplinary Review Board in
accordance with this Act and the rules of the Department.
(f) The Resource Hospital shall implement a decision of the

State Emergency Medical Services Disciplinary Review Board
which has been rendered in accordance with this Act and the
rules of the Department.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.45)
Sec. 3.45. State Emergency Medical Services Disciplinary
Review Board.
(a) The Governor shall appoint a State Emergency Medical
Services Disciplinary Review Board, composed of an EMS Medical
Director, an EMS System Coordinator, a Paramedic an Emergency
Medical Technician-Paramedic (EMT-P), an Emergency Medical
Technician (EMT) Technician-Basic (EMT-B), and the following
members, who shall only review cases in which a party is from
the same professional category: a Pre-Hospital Registered
Nurse RN, an ECRN, a Trauma Nurse Specialist, an Emergency
Medical Technician-Intermediate (EMT-I), an Advanced Emergency
Medical Technician (A-EMT), a representative from a private
vehicle service provider, a representative from a public
vehicle service provider, and an emergency physician who
monitors telecommunications from and gives voice orders to EMS
personnel. The Governor shall also appoint one alternate for
each member of the Board, from the same professional category
as the member of the Board.
(b) The Of the members first appointed, 2 members shall be
appointed for a term of one year, 2 members shall be appointed

for a term of 2 years and the remaining members shall be
appointed for a term of 3 years. The terms of subsequent
appointments shall be 3 years. All appointees shall serve until
their successors are appointed. The alternate members shall be
appointed and serve in the same fashion as the members of the
Board. If a member resigns his or her appointment, the
corresponding alternate shall serve the remainder of that
member's term until a subsequent member is appointed by the
Governor.
(c) The function of the Board is to review and affirm,
reverse or modify disciplinary orders to suspend an EMT or
other individual provider from participating within an EMS
System.
(d) Any An individual or entity, individual provider or
other participant who received an immediate suspension from an
EMS Medical Director may request the Board to reverse or modify
the suspension order. If the suspension had been affirmed or
modified by a local System review board, the suspended
individual or entity participant may request the Board to
reverse or modify the local board's decision.
(e) Any An individual or entity , individual provider or
other participant who received a non-immediate suspension
order from an EMS Medical Director which was affirmed or
modified by a local System review board may request the Board
to reverse or modify the local board's decision.
(f) An EMS Medical Director whose suspension order was

reversed or modified by a local System review board may request
the Board to reverse or modify the local board's decision.
(g) The Board shall regularly meet on the first Tuesday of
every month, unless no requests for review have been submitted.
Additional meetings of the Board shall be scheduled as
necessary to ensure insure that a request for direct review of
an immediate suspension order is scheduled within 14 days after
the Department receives the request for review or as soon
thereafter as a quorum is available. The Board shall meet in
Springfield or Chicago, whichever location is closer to the
majority of the members or alternates attending the meeting.
The Department shall reimburse the members and alternates of
the Board for reasonable travel expenses incurred in attending
meetings of the Board.
(h) A request for review shall be submitted in writing to
the Chief of the Department's Division of Emergency Medical
Services and Highway Safety, within 10 days after receiving the
local board's decision or the EMS Medical Director's suspension
order, whichever is applicable, a copy of which shall be
enclosed.
(i) At its regularly scheduled meetings, the Board shall
review requests which have been received by the Department at
least 10 working days prior to the Board's meeting date.
Requests for review which are received less than 10 working
days prior to a scheduled meeting shall be considered at the
Board's next scheduled meeting, except that requests for direct

review of an immediate suspension order may be scheduled up to
3 working days prior to the Board's meeting date.
(j) A quorum shall be required for the Board to meet, which
shall consist of 3 members or alternates, including the EMS
Medical Director or alternate and the member or alternate from
the same professional category as the subject of the suspension
order. At each meeting of the Board, the members or alternates
present shall select a Chairperson to conduct the meeting.
(k) Deliberations for decisions of the State EMS
Disciplinary Review Board shall be conducted in closed session.
Department staff may attend for the purpose of providing
clerical assistance, but no other persons may be in attendance
except for the parties to the dispute being reviewed by the
Board and their attorneys, unless by request of the Board.
(l) The Board shall review the transcript, evidence and
written decision of the local review board or the written
decision and supporting documentation of the EMS Medical
Director, whichever is applicable, along with any additional
written or verbal testimony or argument offered by the parties
to the dispute.
(m) At the conclusion of its review, the Board shall issue
its decision and the basis for its decision on a form provided
by the Department, and shall submit to the Department its
written decision together with the record of the local System
review board. The Department shall promptly issue a copy of the
Board's decision to all affected parties. The Board's decision

shall be binding on all parties.
(Source: P.A. 89-177, eff. 7-19-95; 90-144, eff. 7-23-97.)
(210 ILCS 50/3.50)
Sec. 3.50. Emergency Medical Services personnel licensure
levels Technician (EMT) Licensure.
(a) "Emergency Medical Technician Technician-Basic" or
"EMT EMT-B" means a person who has successfully completed a
course of instruction in basic life support as approved
prescribed 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 of
instruction in intermediate life support as approved
prescribed 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) Emergency Medical
Technician-Paramedic" or "EMT-P" means a person who has
successfully completed a course of instruction in advanced life
support care as approved prescribed 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 the effective date of 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 EMT, based on the
National EMS Educational Standards respective national
curricula of the United States Department of
Transportation and any modifications to those such
curricula specified by the Department through rules
adopted pursuant to this Act.
(2) Prescribe licensure testing requirements for all
levels of EMS personnel EMT, which shall include a
requirement that all phases of instruction, training, and
field experience be completed before taking the
appropriate EMT licensure examination. Candidates may
elect to take the appropriate National Registry of
Emergency Medical Technicians 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 EMT
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 EMT
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 class of EMS personnel EMT license issued.
(3) License individuals as an EMR, EMT EMT-B, EMT-I,
A-EMT, or Paramedic EMT-P 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 levels of EMT.

(5) Relicense individuals as an EMD, EMR, EMT EMT-B,
EMT-I, A-EMT, or Paramedic EMT-P 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 an EMT-P 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 EMT-B shall have 60 hours of approved
continuing education. An Illinois licensed EMR, EMD, EMT,
EMT-I, A-EMT, Paramedic, ECRN, or PHRN Emergency Medical
Technician 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 EMT license sought to be
reinstated.
(6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
A-EMT, Paramedic, ECRN, or PHRN EMT 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 EMT 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.
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
PHRN An EMT 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 subsection 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 for EMT
licensure 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.
(Source: P.A. 97-333, eff. 8-12-11; 97-509, eff. 8-23-11;
97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; 98-53, eff. 1-1-14;
98-463, eff. 8-16-13.)
(210 ILCS 50/3.55)
Sec. 3.55. Scope of practice.
(a) Any person currently licensed as an EMR, EMT EMT-B,
EMT-I, A-EMT, or Paramedic EMT-P may perform emergency and
non-emergency medical services as defined in this Act, in
accordance with his or her level of education, training and
licensure, the standards of performance and conduct prescribed
by the Department in rules adopted pursuant to this Act, and

the requirements of the EMS System in which he or she
practices, as contained in the approved Program Plan for that
System. The Director may, by written order, temporarily modify
individual scopes of practice in response to public health
emergencies for periods not exceeding 180 days.
(a-5) EMS personnel A person currently approved as a First
Responder or licensed as an EMT-B, EMT-I, or EMT-P who have has
successfully completed a Department approved course in
automated defibrillator operation and who are is functioning
within a Department approved EMS System may utilize such
automated defibrillator according to the standards of
performance and conduct prescribed by the Department in rules
adopted pursuant to this Act and the requirements of the EMS
System in which they practice he or she practices, as contained
in the approved Program Plan for that System.
(a-7) An EMT A person currently licensed as an EMT-B,
EMT-I, A-EMT, or Paramedic EMT-P who has successfully completed
a Department approved course in the administration of
epinephrine, shall be required to carry epinephrine with him or
her as part of the EMS personnel EMT medical supplies whenever
he or she is performing official the duties as determined by
the EMS System of an emergency medical technician.
(b) An EMR, EMT A person currently licensed as an EMT-B,
EMT-I, A-EMT, or Paramedic EMT-P may only practice as an EMR,
EMT, EMT-I, A-EMT, or Paramedic EMT or utilize his or her EMR,
EMT, EMT-I, A-EMT, or Paramedic EMT license in pre-hospital or

inter-hospital emergency care settings or non-emergency
medical transport situations, under the written or verbal
direction of the EMS Medical Director. For purposes of this
Section, a "pre-hospital emergency care setting" may include a
location, that is not a health care facility, which utilizes
EMS personnel EMTs to render pre-hospital emergency care prior
to the arrival of a transport vehicle. The location shall
include communication equipment and all of the portable
equipment and drugs appropriate for the EMR, EMT, EMT-I, A-EMT,
or Paramedic's EMT's level of care, as required by this Act,
rules adopted by the Department pursuant to this Act, and the
protocols of the EMS Systems, and shall operate only with the
approval and under the direction of the EMS Medical Director.
This Section shall not prohibit an EMR, EMT EMT-B, EMT-I,
A-EMT, or Paramedic EMT-P from practicing within an emergency
department or other health care setting for the purpose of
receiving continuing education or training approved by the EMS
Medical Director. This Section shall also not prohibit an EMT
EMT-B, EMT-I, A-EMT, or Paramedic EMT-P from seeking
credentials other than his or her EMT, EMT-I, A-EMT, or
Paramedic license and utilizing such credentials to work in
emergency departments or other health care settings under the
jurisdiction of that employer.
(c) An EMT A person currently licensed as an EMT-B, EMT-I,
A-EMT, or Paramedic EMT-P may honor Do Not Resuscitate (DNR)
orders and powers of attorney for health care only in

accordance with rules adopted by the Department pursuant to
this Act and protocols of the EMS System in which he or she
practices.
(d) A student enrolled in a Department approved EMS
personnel emergency medical technician program, while
fulfilling the clinical training and in-field supervised
experience requirements mandated for licensure or approval by
the System and the Department, may perform prescribed
procedures under the direct supervision of a physician licensed
to practice medicine in all of its branches, a qualified
registered professional nurse, or a qualified EMS personnel
EMT, only when authorized by the EMS Medical Director.
(Source: P.A. 92-376, eff. 8-15-01.)
(210 ILCS 50/3.65)
Sec. 3.65. EMS Lead Instructor.
(a) "EMS Lead Instructor" means a person who has
successfully completed a course of education as approved
prescribed by the Department, and who is currently approved by
the Department to coordinate or teach education, training and
continuing education courses, in accordance with standards
prescribed by this Act and rules adopted by the Department
pursuant to this Act.
(b) The Department shall have the authority and
responsibility to:
(1) Prescribe education requirements for EMS Lead

Instructor candidates through rules adopted pursuant to
this Act.
(2) Prescribe testing requirements for EMS Lead
Instructor candidates through rules adopted pursuant to
this Act.
(3) Charge each candidate for EMS Lead Instructor a fee
to be submitted with an application for an examination, an
application for licensure certification, and an
application for relicensure recertification.
(4) Approve individuals as EMS Lead Instructors who
have met the Department's education and testing
requirements.
(5) Require that all education, training and
continuing education courses for EMT EMT-B, EMT-I, A-EMT,
Paramedic, PHRN EMT-P, Pre-Hospital RN, ECRN, EMR, First
Responder and Emergency Medical Dispatcher be coordinated
by at least one approved EMS Lead Instructor. A program
which includes education, training or continuing education
for more than one type of personnel may use one EMS Lead
Instructor to coordinate the program, and a single EMS Lead
Instructor may simultaneously coordinate more than one
program or course.
(6) Provide standards and procedures for awarding EMS
Lead Instructor approval to persons previously approved by
the Department to coordinate such courses, based on
qualifications prescribed by the Department through rules

adopted pursuant to this Act.
(7) Suspend, or revoke, or refuse to issue or renew the
approval of an EMS Lead Instructor, after an opportunity
for a hearing, when findings show one or more of the
following:
(A) The EMS Lead Instructor has failed to conduct a
course in accordance with the curriculum prescribed by
this Act and rules adopted by the Department pursuant
to this Act; or
(B) The EMS Lead Instructor has failed to comply
with protocols prescribed by the Department through
rules adopted pursuant to this Act.
(Source: P.A. 96-1469, eff. 1-1-11.)
(210 ILCS 50/3.70)
Sec. 3.70. Emergency Medical Dispatcher.
(a) "Emergency Medical Dispatcher" means a person who has
successfully completed a training course in emergency medical
dispatching meeting or exceeding the national curriculum of the
United States Department of Transportation in accordance with
rules adopted by the Department pursuant to this Act, who
accepts calls from the public for emergency medical services
and dispatches designated emergency medical services personnel
and vehicles. The Emergency Medical Dispatcher must use the
Department-approved emergency medical dispatch priority
reference system (EMDPRS) protocol selected for use by its

agency and approved by its EMS medical director. This protocol
must be used by an emergency medical dispatcher in an emergency
medical dispatch agency to dispatch aid to medical emergencies
which includes systematized caller interrogation questions;
systematized prearrival support instructions; and systematized
coding protocols that match the dispatcher's evaluation of the
injury or illness severity with the vehicle response mode and
vehicle response configuration and includes an appropriate
training curriculum and testing process consistent with the
specific EMDPRS protocol used by the emergency medical dispatch
agency. Prearrival support instructions shall be provided in a
non-discriminatory manner and shall be provided in accordance
with the EMDPRS established by the EMS medical director of the
EMS system in which the EMD operates. If the dispatcher
operates under the authority of an Emergency Telephone System
Board established under the Emergency Telephone System Act, the
protocols shall be established by such Board in consultation
with the EMS Medical Director. Persons who have already
completed a course of instruction in emergency medical dispatch
based on, equivalent to or exceeding the national curriculum of
the United States Department of Transportation, or as otherwise
approved by the Department, shall be considered Emergency
Medical Dispatchers on the effective date of this amendatory
Act.
(b) The Department shall have the authority and
responsibility to:

(1) Require licensure and relicensure certification
and recertification of a person who meets the training and
other requirements as an emergency medical dispatcher
pursuant to this Act.
(2) Require licensure and relicensure certification
and recertification of a person, organization, or
government agency that operates an emergency medical
dispatch agency that meets the minimum standards
prescribed by the Department for an emergency medical
dispatch agency pursuant to this Act.
(3) Prescribe minimum education and continuing
education requirements for the Emergency Medical
Dispatcher, which meet standards specified by the national
curriculum of the United States Department of
Transportation, through rules adopted pursuant to this
Act.
(4) Require each EMS Medical Director to report to the
Department whenever an action has taken place that may
require the revocation or suspension of a license
certificate issued by the Department.
(5) Require each EMD to provide prearrival
instructions in compliance with protocols selected and
approved by the system's EMS medical director and approved
by the Department.
(6) Require the Emergency Medical Dispatcher to keep
the Department currently informed as to the entity or

agency that employs or supervises his activities as an
Emergency Medical Dispatcher.
(7) Establish an annual relicensure recertification
requirement that requires at least 12 hours of medical
dispatch-specific continuing education as prescribed by
the Department through rules adopted pursuant to this Act
each year.
(8) Approve all EMDPRS protocols used by emergency
medical dispatch agencies to assure compliance with
national standards.
(9) Require that Department-approved emergency medical
dispatch training programs are conducted in accordance
with national standards.
(10) Require that the emergency medical dispatch
agency be operated in accordance with national standards,
including, but not limited to, (i) the use on every request
for medical assistance of an emergency medical dispatch
priority reference system (EMDPRS) in accordance with
Department-approved policies and procedures and (ii) under
the approval and supervision of the EMS medical director,
the establishment of a continuous quality improvement
program.
(11) Require that a person may not represent himself or
herself, nor may an agency or business represent an agent
or employee of that agency or business, as an emergency
medical dispatcher unless licensed certified by the

Department as an emergency medical dispatcher.
(12) Require that a person, organization, or
government agency not represent itself as an emergency
medical dispatch agency unless the person, organization,
or government agency is certified by the Department as an
emergency medical dispatch agency.
(13) Require that a person, organization, or
government agency may not offer or conduct a training
course that is represented as a course for an emergency
medical dispatcher unless the person, organization, or
agency is approved by the Department to offer or conduct
that course.
(14) Require that Department-approved emergency
medical dispatcher training programs are conducted by
instructors licensed by the Department who:
(i) are, at a minimum, licensed certified as
emergency medical dispatchers;
(ii) have completed a Department-approved course
on methods of instruction;
(iii) have previous experience in a medical
dispatch agency; and
(iv) have demonstrated experience as an EMS
instructor.
(15) Establish criteria for modifying or waiving
Emergency Medical Dispatcher requirements based on (i) the
scope and frequency of dispatch activities and the

dispatcher's access to training or (ii) whether the
previously-attended dispatcher training program merits
automatic relicensure recertification for the dispatcher.
(16) Charge each Emergency Medical Dispatcher
applicant a fee for licensure and license renewal.
(c) The Department shall have the authority to suspend,
revoke, or refuse to issue or renew the license of an EMD when,
after notice and the opportunity for an impartial hearing, the
Department demonstrates that the licensee has violated this
Act, violated the rules adopted by the Department, or failed to
comply with the applicable standard of care.
(Source: P.A. 96-1469, eff. 1-1-11.)
(210 ILCS 50/3.75)
Sec. 3.75. Trauma Nurse Specialist (TNS) licensure
Certification.
(a) "Trauma Nurse Specialist" or "TNS" means a registered
professional nurse licensed under the Nurse Practice Act who
has successfully completed supplemental education and testing
requirements as prescribed by the Department, and is licensed
certified by the Department in accordance with rules adopted by
the Department pursuant to this Act. For out-of-state
facilities that have Illinois recognition under the EMS,
trauma, or pediatric programs, the professional shall have an
unencumbered registered nurse license in the state in which he
or she practices. In this Section, the term "license" is used

to reflect a change in terminology from "certification" to
"license" only.
(b) The Department shall have the authority and
responsibility to:
(1) Establish criteria for TNS training sites, through
rules adopted pursuant to this Act;
(2) Prescribe education and testing requirements for
TNS candidates, which shall include an opportunity for
licensure certification based on examination only, through
rules adopted pursuant to this Act;
(3) Charge each candidate for TNS licensure
certification a fee to be submitted with an application for
a licensure certification examination, an application for
licensure certification, and an application for
relicensure recertification;
(4) License Certify an individual as a TNS who has met
the Department's education and testing requirements;
(5) Prescribe relicensure recertification requirements
through rules adopted pursuant to this Act;
(6) Relicense Recertify an individual as a TNS every 4
years, based on compliance with relicensure
recertification requirements;
(7) Grant inactive status to any TNS who qualifies,
based on standards and procedures established by the
Department in rules adopted pursuant to this Act; and
(8) Suspend, revoke, or refuse to issue or renew deny

renewal of the license certification of a TNS, after an
opportunity for hearing by the Department, if findings show
that the TNS has failed to maintain proficiency in the
level of skills for which the TNS is licensed certified or
has failed to comply with relicensure recertification
requirements.
(Source: P.A. 96-1469, eff. 1-1-11.)
(210 ILCS 50/3.80)
Sec. 3.80. Pre-Hospital Registered Nurse RN and Emergency
Communications Registered Nurse.
(a) "Emergency Communications Registered Nurse" or "ECRN"
means a registered professional nurse licensed under the Nurse
Practice Act who has successfully completed supplemental
education in accordance with rules adopted by the Department,
and who is approved by an EMS Medical Director to monitor
telecommunications from and give voice orders to EMS System
personnel, under the authority of the EMS Medical Director and
in accordance with System protocols. For out-of-state
facilities that have Illinois recognition under the EMS, trauma
or pediatric programs, the professional shall have an
unencumbered registered nurse license in the state in which he
or she practices. In this Section, the term "license" is used
to reflect a change in terminology from "certification" to
"license" only.
Upon the effective date of this amendatory Act of 1995, all

existing Registered Professional Nurse/MICNs shall be
considered ECRNs.
(b) "Pre-Hospital Registered Nurse", or "PHRN", or
"Pre-Hospital RN" means a registered professional nurse
licensed under the Nurse Practice Act who has successfully
completed supplemental education in accordance with rules
adopted by the Department pursuant to this Act, and who is
approved by an EMS Medical Director to practice within an
Illinois EMS System as emergency medical services personnel for
pre-hospital and inter-hospital emergency care and
non-emergency medical transports. For out-of-state facilities
that have Illinois recognition under the EMS, trauma or
pediatric programs, the professional shall have an
unencumbered registered nurse license in the state in which he
or she practices. In this Section, the term "license" is used
to reflect a change in terminology from "certification" to
"license" only.
Upon the effective date of this amendatory Act of 1995, all
existing Registered Professional Nurse/Field RNs shall be
considered Pre-Hospital RNs.
(c) The Department shall have the authority and
responsibility to:
(1) Prescribe education and continuing education
requirements for Pre-Hospital Registered Nurse RN and ECRN
candidates through rules adopted pursuant to this Act:
(A) Education for Pre-Hospital Registered Nurse RN

shall include extrication, telecommunications, and
pre-hospital cardiac, medical, and trauma care;
(B) Education for ECRN shall include
telecommunications, System standing medical orders and
the procedures and protocols established by the EMS
Medical Director;
(C) A Pre-Hospital Registered Nurse RN candidate
who is fulfilling clinical training and in-field
supervised experience requirements may perform
prescribed procedures under the direct supervision of
a physician licensed to practice medicine in all of its
branches, a qualified registered professional nurse or
a qualified EMT, only when authorized by the EMS
Medical Director;
(D) An EMS Medical Director may impose in-field
supervised field experience requirements on System
ECRNs as part of their training or continuing
education, in which they perform prescribed procedures
under the direct supervision of a physician licensed to
practice medicine in all of its branches, a qualified
registered professional nurse, or qualified EMS
personnel EMT, only when authorized by the EMS Medical
Director;
(2) Require EMS Medical Directors to reapprove
Pre-Hospital Registered Nurses RNs and ECRNs every 4 years,
based on compliance with continuing education requirements

prescribed by the Department through rules adopted
pursuant to this Act;
(3) Allow EMS Medical Directors to grant inactive
status to any Pre-Hospital Registered Nurse RN or ECRN who
qualifies, based on standards and procedures established
by the Department in rules adopted pursuant to this Act;
(4) Require a Pre-Hospital Registered Nurse RN to honor
Do Not Resuscitate (DNR) orders and powers of attorney for
health care only in accordance with rules adopted by the
Department pursuant to this Act and protocols of the EMS
System in which he or she practices;
(5) Charge each Pre-Hospital Registered Nurse RN
applicant and ECRN applicant a fee for licensure and
relicensure certification and recertification.
(d) The Department shall have the authority to suspend,
revoke, or refuse to issue or renew a Department-issued PHRN or
ECRN license when, after notice and the opportunity for a
hearing, the Department demonstrates that the licensee has
violated this Act, violated the rules adopted by the
Department, or failed to comply with the applicable standards
of care.
(Source: P.A. 95-639, eff. 10-5-07; 96-1469, eff. 1-1-11.)
(210 ILCS 50/3.130)
Sec. 3.130. Facility, system, and equipment violations;
Plans of Correction. Except for emergency suspension orders, or

actions initiated pursuant to Sections 3.117(a), 3.117(b), and
3.90(b)(10) of this Act, prior to initiating an action in
response to a facility, system, or equipment violation for
suspension, revocation, denial, nonrenewal, or imposition of a
fine pursuant to this Act, the Department shall:
(a) Issue a Notice of Violation which specifies the
Department's allegations of noncompliance and requests a plan
of correction to be submitted within 10 days after receipt of
the Notice of Violation;
(b) Review and approve or reject the plan of correction. If
the Department rejects the plan of correction, it shall send
notice of the rejection and the reason for the rejection. The
party shall have 10 days after receipt of the notice of
rejection in which to submit a modified plan;
(c) Impose a plan of correction if a modified plan is not
submitted in a timely manner or if the modified plan is
rejected by the Department;
(d) Issue a Notice of Intent to fine, suspend, revoke,
nonrenew or deny if the party has failed to comply with the
imposed plan of correction, and provide the party with an
opportunity to request an administrative hearing. The Notice of
Intent shall be effected by certified mail or by personal
service, shall set forth the particular reasons for the
proposed action, and shall provide the party with 15 days in
which to request a hearing.
(Source: P.A. 96-514, eff. 1-1-10; 96-1469, eff. 1-1-11.)

(210 ILCS 50/3.140)
Sec. 3.140. Violations; Fines.
(a) The Department shall have the authority to impose fines
on any licensed vehicle service provider, stretcher van
provider, designated trauma center, resource hospital,
associate hospital, or participating hospital.
(b) The Department shall adopt rules pursuant to this Act
which establish a system of fines related to the type and level
of violation or repeat violation, including but not limited to:
(1) A fine not exceeding $10,000 for a violation which
created a condition or occurrence presenting a substantial
probability that death or serious harm to an individual
will or did result therefrom; and
(2) A fine not exceeding $5,000 for a violation which
creates or created a condition or occurrence which
threatens the health, safety or welfare of an individual.
(c) A Notice of Intent to Impose Fine may be issued in
conjunction with or in lieu of a Notice of Intent to Suspend,
Revoke, Nonrenew or Deny, and shall conform to the requirements
specified in Section 3.130(d) of this Act. All Hearings
conducted pursuant to a Notice of Intent to Impose Fine shall
conform to the requirements specified in Section 3.135 of this
Act.
(d) All fines collected pursuant to this Section shall be
deposited into the EMS Assistance Fund.

(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.165)
Sec. 3.165. Misrepresentation.
(a) No person shall hold himself or herself out to be or
engage in the practice of an EMS Medical Director, EMS
Administrative Director, EMS System Coordinator, EMR, EMD,
EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, TNS, or LI EMT,
Trauma Nurse Specialist, Pre-Hospital RN, Emergency
Communications Registered Nurse, EMS Lead Instructor,
Emergency Medical Dispatcher or First Responder without being
licensed, certified, approved or otherwise authorized pursuant
to this Act.
(b) A hospital or other entity which employs or utilizes an
EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic EMT in a manner which
is outside the scope of his or her EMT license shall not use
the words "emergency medical responder", "EMR", "emergency
medical technician", "EMT", "emergency medical
technician-intermediate", "EMT-I", "advanced emergency medical
technician", "A-EMT", or "Paramedic" "emergency medical
technician", "EMT" or "paramedic" in that person's job
description or title, or in any other manner hold that person
out to be so licensed an emergency medical technician.
(c) No provider or participant within an EMS System shall
hold itself out as providing a type or level of service that
has not been approved by that System's EMS Medical Director.

(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.170)
Sec. 3.170. Falsification of Documents. No person shall
fabricate any license or knowingly enter any false information
on any application form, run sheet, record or other document
required to be completed or submitted pursuant to this Act or
any rule adopted pursuant to this Act, or knowingly submit any
application form, run sheet, record or other document which
contains false information.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.180)
Sec. 3.180. Injunctions. Notwithstanding the existence or
pursuit of any other remedy, the Director may, through the
Attorney General, seek an injunction:
(a) To restrain or prevent any person or entity from
functioning, practicing or operating without a license,
certification, classification, approval, permit, designation
or authorization required by this Act;
(b) To restrain or prevent any person, institution or
governmental unit from representing itself to be a trauma
center after the effective date of this amendatory Act of 1995
without designation as such pursuant to this Act;
(c) To restrain or prevent any hospital or other entity
which employs or utilizes an EMR, EMT, EMT-I, A-EMT, or

Paramedic EMT in a manner which is outside the scope of his or
her EMT license from representing that person to be an EMR,
EMT, EMT-I, A-EMT, or Paramedic EMT.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.200)
Sec. 3.200. State Emergency Medical Services Advisory
Council.
(a) There shall be established within the Department of
Public Health a State Emergency Medical Services Advisory
Council, which shall serve as an advisory body to the
Department on matters related to this Act.
(b) Membership of the Council shall include one
representative from each EMS Region, to be appointed by each
region's EMS Regional Advisory Committee. The Governor shall
appoint additional members to the Council as necessary to
insure that the Council includes one representative from each
of the following categories:
(1) EMS Medical Director,
(2) Trauma Center Medical Director,
(3) Licensed, practicing physician with regular and
frequent involvement in the provision of emergency care,
(4) Licensed, practicing physician with special
expertise in the surgical care of the trauma patient,
(5) EMS System Coordinator,
(6) TNS,

(7) Paramedic EMT-P,
(7.5) A-EMT,
(8) EMT-I,
(9) EMT EMT-B,
(10) Private vehicle service provider,
(11) Law enforcement officer,
(12) Chief of a public vehicle service provider,
(13) Statewide firefighters' union member affiliated
with a vehicle service provider,
(14) Administrative representative from a fire
department vehicle service provider in a municipality with
a population of over 2 million people;
(15) Administrative representative from a Resource
Hospital or EMS System Administrative Director.
(c) Members Of the members first appointed, 5 members shall
be appointed for a term of one year, 5 members shall be
appointed for a term of 2 years, and the remaining members
shall be appointed for a term of 3 years. The terms of
subsequent appointees shall be 3 years. All appointees shall
serve until their successors are appointed and qualified.
(d) The Council shall be provided a 90-day period in which
to review and comment, in consultation with the subcommittee to
which the rules are relevant, upon all rules proposed by the
Department pursuant to this Act, except for rules adopted
pursuant to Section 3.190(a) of this Act, rules submitted to
the State Trauma Advisory Council and emergency rules adopted

pursuant to Section 5-45 of the Illinois Administrative
Procedure Act. The 90-day review and comment period may
commence upon the Department's submission of the proposed rules
to the individual Council members, if the Council is not
meeting at the time the proposed rules are ready for Council
review. Any non-emergency rules adopted prior to the Council's
90-day review and comment period shall be null and void. If the
Council fails to advise the Department within its 90-day review
and comment period, the rule shall be considered acted upon.
(e) Council members shall be reimbursed for reasonable
travel expenses incurred during the performance of their duties
under this Section.
(f) The Department shall provide administrative support to
the Council for the preparation of the agenda and minutes for
Council meetings and distribution of proposed rules to Council
members.
(g) The Council shall act pursuant to bylaws which it
adopts, which shall include the annual election of a Chair and
Vice-Chair.
(h) The Director or his designee shall be present at all
Council meetings.
(i) Nothing in this Section shall preclude the Council from
reviewing and commenting on proposed rules which fall under the
purview of the State Trauma Advisory Council.
(Source: P.A. 96-514, eff. 1-1-10.)

(210 ILCS 50/3.205)
Sec. 3.205. State Trauma Advisory Council.
(a) There shall be established within the Department of
Public Health a State Trauma Advisory Council, which shall
serve as an advisory body to the Department on matters related
to trauma care and trauma centers.
(b) Membership of the Council shall include one
representative from each Regional Trauma Advisory Committee,
to be appointed by each Committee. The Governor shall appoint
the following additional members:
(1) An EMS Medical Director,
(2) A trauma center medical director,
(3) A trauma surgeon,
(4) A trauma nurse coordinator,
(5) A representative from a private vehicle service
provider,
(6) A representative from a public vehicle service
provider,
(7) A member of the State EMS Advisory Council, and
(8) A neurosurgeon.
(c) Members Of the members first appointed, 5 members shall
be appointed for a term of one year, 5 members shall be
appointed for a term of 2 years, and the remaining members
shall be appointed for a term of 3 years. The terms of
subsequent appointees shall be 3 years. All appointees shall
serve until their successors are appointed and qualified.

(d) The Council shall be provided a 90-day period in which
to review and comment upon all rules proposed by the Department
pursuant to this Act concerning trauma care, except for
emergency rules adopted pursuant to Section 5-45 of the
Illinois Administrative Procedure Act. The 90-day review and
comment period may commence upon the Department's submission of
the proposed rules to the individual Council members, if the
Council is not meeting at the time the proposed rules are ready
for Council review. Any non-emergency rules adopted prior to
the Council's 90-day review and comment period shall be null
and void. If the Council fails to advise the Department within
its 90-day review and comment period, the rule shall be
considered acted upon;
(e) Council members shall be reimbursed for reasonable
travel expenses incurred during the performance of their duties
under this Section.
(f) The Department shall provide administrative support to
the Council for the preparation of the agenda and minutes for
Council meetings and distribution of proposed rules to Council
members.
(g) The Council shall act pursuant to bylaws which it
adopts, which shall include the annual election of a Chair and
Vice-Chair.
(h) The Director or his designee shall be present at all
Council meetings.
(i) Nothing in this Section shall preclude the Council from

reviewing and commenting on proposed rules which fall under the
purview of the State EMS Advisory Council.
(Source: P.A. 90-655, eff. 7-30-98; 91-743, eff. 6-2-00.)
(210 ILCS 50/3.210)
Sec. 3.210. EMS Medical Consultant. If the Chief of the
Department's Division of Emergency Medical Services and
Highway Safety is not a physician licensed to practice medicine
in all of its branches, with extensive emergency medical
services experience, and certified by the American Board of
Emergency Medicine or the Osteopathic American Board of
Osteopathic Emergency Medicine, then the Director shall
appoint such a physician to serve as EMS Medical Consultant to
the Division Chief.
(Source: P.A. 89-177, eff. 7-19-95.)
Section 30. The Boxing and Full-contact Martial Arts Act is
amended by changing Section 12 as follows:
(225 ILCS 105/12) (from Ch. 111, par. 5012)
(Section scheduled to be repealed on January 1, 2022)
Sec. 12. Professional or amateur contests.
(a) The professional or amateur contest, or a combination
of both, shall be held in an area where adequate neurosurgical
facilities are immediately available for skilled emergency
treatment of an injured professional or amateur.

(b) Each professional or amateur shall be examined before
the contest and promptly after each bout by a physician. The
physician shall determine, prior to the contest, if each
professional or amateur is physically fit to compete in the
contest. After the bout the physician shall examine the
professional or amateur to determine possible injury. If the
professional's or amateur's physical condition so indicates,
the physician shall recommend to the Department immediate
medical suspension. The physician or a licensed paramedic
emergency medical technician-paramedic (EMT-P) must check the
vital signs of all contestants as established by rule.
(c) The physician may, at any time during the professional
or amateur bout, stop the professional or amateur bout to
examine a professional or amateur contestant and may direct the
referee to terminate the bout when, in the physician's opinion,
continuing the bout could result in serious injury to the
professional or amateur. If the professional's or amateur's
physical condition so indicates, the physician shall recommend
to the Department immediate medical suspension. The physician
shall certify to the condition of the professional or amateur
in writing, over his signature on forms provided by the
Department. Such reports shall be submitted to the Department
in a timely manner.
(d) No professional or amateur contest, or a combination of
both, shall be allowed to begin or be held unless at least one
physician, at least one EMT and one paramedic EMT-P, and one

ambulance have been contracted with solely for the care of
professionals or amateurs who are competing as defined by rule.
(e) No professional boxing bout shall be more than 12
rounds in length. The rounds shall not be more than 3 minutes
each with a one minute interval between them, and no
professional boxer shall be allowed to participate in more than
one contest within a 7-day period.
The number and length of rounds for all other professional
or amateur boxing or full-contact martial arts contests, or a
combination of both, shall be determined by rule.
(f) The number and types of officials required for each
professional or amateur contest, or a combination of both,
shall be determined by rule.
(g) The Department or its representative shall have
discretion to declare a price, remuneration, or purse or any
part of it belonging to the professional withheld if in the
judgment of the Department or its representative the
professional is not honestly competing.
(h) The Department shall have the authority to prevent a
professional or amateur contest, or a combination of both, from
being held and shall have the authority to stop a professional
or amateur contest, or a combination of both, for noncompliance
with any part of this Act or rules or when, in the judgment of
the Department, or its representative, continuation of the
event would endanger the health, safety, and welfare of the
professionals or amateurs or spectators. The Department's

authority to stop a contest on the basis that the professional
or amateur contest, or a combination of both, would endanger
the health, safety, and welfare of the professionals or
amateurs or spectators shall extend to any professional or
amateur contest, or a combination of both, regardless of
whether that amateur contest is exempted from the prohibition
in Section 6 of this Act. Department staff, or its
representative, may be present at any full-contact martial arts
contest with scheduled amateur bouts.
(Source: P.A. 97-119, eff. 7-14-11.)
Section 35. The Abandoned Newborn Infant Protection Act is
amended by changing Section 10 as follows:
(325 ILCS 2/10)
Sec. 10. Definitions. In this Act:
"Abandon" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Abused child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Child-placing agency" means a licensed public or private
agency that receives a child for the purpose of placing or
arranging for the placement of the child in a foster family
home or other facility for child care, apart from the custody
of the child's parents.
"Department" or "DCFS" means the Illinois Department of

Children and Family Services.
"Emergency medical facility" means a freestanding
emergency center or trauma center, as defined in the Emergency
Medical Services (EMS) Systems Act.
"Emergency medical professional" includes licensed
physicians, and any emergency medical technician
technician-basic, emergency medical technician-intermediate,
advanced emergency medical technician, paramedic emergency
medical technician-paramedic, trauma nurse specialist, and
pre-hospital registered nurse RN, as defined in the Emergency
Medical Services (EMS) Systems Act.
"Fire station" means a fire station within the State with
at least one staff person.
"Hospital" has the same meaning as in the Hospital
Licensing Act.
"Legal custody" means the relationship created by a court
order in the best interest of a newborn infant that imposes on
the infant's custodian the responsibility of physical
possession of the infant, the duty to protect, train, and
discipline the infant, and the duty to provide the infant with
food, shelter, education, and medical care, except as these are
limited by parental rights and responsibilities.
"Neglected child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Newborn infant" means a child who a licensed physician
reasonably believes is 30 days old or less at the time the

child is initially relinquished to a hospital, police station,
fire station, or emergency medical facility, and who is not an
abused or a neglected child.
"Police station" means a municipal police station, a county
sheriff's office, a campus police department located on any
college or university owned or controlled by the State or any
private college or private university that is not owned or
controlled by the State when employees of the campus police
department are present, or any of the district headquarters of
the Illinois State Police.
"Relinquish" means to bring a newborn infant, who a
licensed physician reasonably believes is 30 days old or less,
to a hospital, police station, fire station, or emergency
medical facility and to leave the infant with personnel of the
facility, if the person leaving the infant does not express an
intent to return for the infant or states that he or she will
not return for the infant. In the case of a mother who gives
birth to an infant in a hospital, the mother's act of leaving
that newborn infant at the hospital (i) without expressing an
intent to return for the infant or (ii) stating that she will
not return for the infant is not a "relinquishment" under this
Act.
"Temporary protective custody" means the temporary
placement of a newborn infant within a hospital or other
medical facility out of the custody of the infant's parent.
(Source: P.A. 96-345, eff. 1-1-10; 97-293, eff. 8-11-11.)

Section 40. The Coal Mine Medical Emergencies Act is
amended by changing Section 2 as follows:
(410 ILCS 15/2) (from Ch. 96 1/2, par. 3952)
Sec. 2. As used in this Act, unless the context clearly
otherwise requires:
(a) "Emergency medical technician" means a person who has
successfully completed the course on emergency first-aid care
and transportation of the sick and injured recommended by the
American Academy of Orthopedic Surgeons, or the equivalent
thereof, and has been licensed certified by the Department of
Public Health to provide emergency care.
(b) "Mine" means any surface coal mine or underground coal
mine, as defined in Section 1.03 of "The Coal Mining Act of
1953".
(Source: P.A. 80-294.)
Section 45. The AIDS Confidentiality Act is amended by
changing Sections 7 and 9 as follows:
(410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)
Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
and 6 of this Act, informed consent is not required for a
health care provider or health facility to perform a test when
the health care provider or health facility procures,

processes, distributes or uses a human body part donated for a
purpose specified under the Illinois Anatomical Gift Act, or
semen provided prior to the effective date of this Act for the
purpose of artificial insemination, and such a test is
necessary to assure medical acceptability of such gift or semen
for the purposes intended.
(b) Informed consent is not required for a health care
provider or health facility to perform a test when a health
care provider or employee of a health facility, or a
firefighter or an EMR, EMT EMT-A, EMT-I, A-EMT, paramedic, or
PHRN EMT-P, is involved in an accidental direct skin or mucous
membrane contact with the blood or bodily fluids of an
individual which is of a nature that may transmit HIV, as
determined by a physician in his medical judgment. Should such
test prove to be positive, the patient and the health care
provider, health facility employee, firefighter, EMR, EMT
EMT-A, EMT-I, A-EMT, paramedic, or PHRN EMT-P shall be provided
appropriate counseling consistent with this Act.
(c) Informed consent is not required for a health care
provider or health facility to perform a test when a law
enforcement officer is involved in the line of duty in a direct
skin or mucous membrane contact with the blood or bodily fluids
of an individual which is of a nature that may transmit HIV, as
determined by a physician in his medical judgment. Should such
test prove to be positive, the patient shall be provided
appropriate counseling consistent with this Act. For purposes

of this subsection (c), "law enforcement officer" means any
person employed by the State, a county or a municipality as a
policeman, peace officer, auxiliary policeman, correctional
officer or in some like position involving the enforcement of
the law and protection of the public interest at the risk of
that person's life.
(Source: P.A. 95-7, eff. 6-1-08.)
(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
Sec. 9. No person may disclose or be compelled to disclose
the identity of any person upon whom a test is performed, or
the results of such a test in a manner which permits
identification of the subject of the test, except to the
following persons:
(a) The subject of the test or the subject's legally
authorized representative. A physician may notify the spouse of
the test subject, if the test result is positive and has been
confirmed pursuant to rules adopted by the Department, provided
that the physician has first sought unsuccessfully to persuade
the patient to notify the spouse or that, a reasonable time
after the patient has agreed to make the notification, the
physician has reason to believe that the patient has not
provided the notification. This paragraph shall not create a
duty or obligation under which a physician must notify the
spouse of the test results, nor shall such duty or obligation
be implied. No civil liability or criminal sanction under this

Act shall be imposed for any disclosure or non-disclosure of a
test result to a spouse by a physician acting in good faith
under this paragraph. For the purpose of any proceedings, civil
or criminal, the good faith of any physician acting under this
paragraph shall be presumed.
(b) Any person designated in a legally effective release of
the test results executed by the subject of the test or the
subject's legally authorized representative.
(c) An authorized agent or employee of a health facility or
health care provider if the health facility or health care
provider itself is authorized to obtain the test results, the
agent or employee provides patient care or handles or processes
specimens of body fluids or tissues, and the agent or employee
has a need to know such information.
(d) The Department and local health authorities serving a
population of over 1,000,000 residents or other local health
authorities as designated by the Department, in accordance with
rules for reporting and controlling the spread of disease, as
otherwise provided by State law. The Department, local health
authorities, and authorized representatives shall not disclose
information and records held by them relating to known or
suspected cases of AIDS or HIV infection, publicly or in any
action of any kind in any court or before any tribunal, board,
or agency. AIDS and HIV infection data shall be protected from
disclosure in accordance with the provisions of Sections 8-2101
through 8-2105 of the Code of Civil Procedure.

(e) A health facility or health care provider which
procures, processes, distributes or uses: (i) a human body part
from a deceased person with respect to medical information
regarding that person; or (ii) semen provided prior to the
effective date of this Act for the purpose of artificial
insemination.
(f) Health facility staff committees for the purposes of
conducting program monitoring, program evaluation or service
reviews.
(f-5) A court in accordance with the provisions of Section
12-5.01 of the Criminal Code of 2012.
(g) (Blank).
(h) Any health care provider or employee of a health
facility, and any firefighter or EMR EMT-A, EMT, A-EMT,
paramedic, PHRN EMT-P, or EMT-I, involved in an accidental
direct skin or mucous membrane contact with the blood or bodily
fluids of an individual which is of a nature that may transmit
HIV, as determined by a physician in his medical judgment.
(i) Any law enforcement officer, as defined in subsection
(c) of Section 7, involved in the line of duty in a direct skin
or mucous membrane contact with the blood or bodily fluids of
an individual which is of a nature that may transmit HIV, as
determined by a physician in his medical judgment.
(j) A temporary caretaker of a child taken into temporary
protective custody by the Department of Children and Family
Services pursuant to Section 5 of the Abused and Neglected

Child Reporting Act, as now or hereafter amended.
(k) In the case of a minor under 18 years of age whose test
result is positive and has been confirmed pursuant to rules
adopted by the Department, the health care provider who ordered
the test shall make a reasonable effort to notify the minor's
parent or legal guardian if, in the professional judgment of
the health care provider, notification would be in the best
interest of the child and the health care provider has first
sought unsuccessfully to persuade the minor to notify the
parent or legal guardian or a reasonable time after the minor
has agreed to notify the parent or legal guardian, the health
care provider has reason to believe that the minor has not made
the notification. This subsection shall not create a duty or
obligation under which a health care provider must notify the
minor's parent or legal guardian of the test results, nor shall
a duty or obligation be implied. No civil liability or criminal
sanction under this Act shall be imposed for any notification
or non-notification of a minor's test result by a health care
provider acting in good faith under this subsection. For the
purpose of any proceeding, civil or criminal, the good faith of
any health care provider acting under this subsection shall be
presumed.
(Source: P.A. 96-328, eff. 8-11-09; 97-1046, eff. 8-21-12;
97-1150, eff. 1-25-13.)
Section 50. The Burn Injury Reporting Act is amended by

changing Section 5 as follows:
(425 ILCS 7/5)
Sec. 5. Burn injury reporting.
(a) Every case of a burn injury treated in a hospital as
described in this Act may be reported to the Office of the
State Fire Marshal. The hospital's administrator, manager,
superintendent, or his or her designee deciding to report under
this Act shall make an oral report of every burn injury in a
timely manner as soon as treatment permits, except as provided
in subsection (c) of this Section, that meets one of the
following criteria:
(1) a person receives a serious second-degree burn or a
third degree burn, but not a radiation burn, to 10% or more
of the person's body as a whole;
(2) a person sustains a burn to the upper respiratory
tract or occurring laryngeal edema due to the inhalation of
superheated air;
(3) a person sustains any burn injury likely to result
in death; or
(4) a person sustains any other burn injury not
excluded by subsection (c).
(b) The oral report shall consist of notification by
telephone to the Office of the State Fire Marshal using a
toll-free number established by the Office of the State Fire
Marshal for this purpose.

(c) A hospital's administrator, manager, superintendent,
or his or her designee deciding to report under this Act shall
not report any of the following burn injuries:
(1) a burn injury of an emergency medical a first
responder, as defined in Section 3.50 3.60 of the Emergency
Medical Services (EMS) Systems Act, sustained in the line
of duty;
(2) a burn injury caused by lighting;
(3) a burn injury caused by a motor vehicle accident;
or
(4) a burn injury caused by an identifiable industrial
accident or work-related accident.
(Source: P.A. 94-828, eff. 1-1-07.)
Section 55. The Illinois Vehicle Code is amended by
changing Sections 11-501.01 and 11-501.2 as follows:
(625 ILCS 5/11-501.01)
Sec. 11-501.01. Additional administrative sanctions.
(a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of

treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
(b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
(c) Every person found guilty of violating Section 11-501,
whose operation of a motor vehicle while in violation of that
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of this
Section.
(d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
(e) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person

who has been convicted of a second or subsequent offense of
Section 11-501 or a similar provision of a local ordinance. The
person must pay to the Secretary of State DUI Administration
Fund an amount not to exceed $30 for each month that he or she
uses the device. The Secretary shall establish by rule and
regulation the procedures for certification and use of the
interlock system, the amount of the fee, and the procedures,
terms, and conditions relating to these fees.
(f) In addition to any other penalties and liabilities, a
person who is found guilty of or pleads guilty to violating
Section 11-501, including any person placed on court
supervision for violating Section 11-501, shall be assessed
$750, payable to the circuit clerk, who shall distribute the
money as follows: $350 to the law enforcement agency that made
the arrest, and $400 shall be forwarded to the State Treasurer
for deposit into the General Revenue Fund. If the person has
been previously convicted of violating Section 11-501 or a
similar provision of a local ordinance, the fine shall be
$1,000, and the circuit clerk shall distribute $200 to the law
enforcement agency that made the arrest and $800 to the State
Treasurer for deposit into the General Revenue Fund. In the
event that more than one agency is responsible for the arrest,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this subsection (f) shall be used for enforcement and
prevention of driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations. Any moneys received
by the Department of State Police under this subsection (f)
shall be deposited into the State Police DUI Fund and shall be
used to purchase law enforcement equipment that will assist in
the prevention of alcohol related criminal violence throughout
the State.
(g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used for enforcement
and prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police

officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations.
(h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
(i) In addition to any other fine or penalty required by
law, an individual convicted of a violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a

similar provision, whose operation of a motor vehicle,
snowmobile, or watercraft while in violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(i), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance. With respect to funds designated for the Department
of State Police, the moneys shall be remitted by the circuit
court clerk to the State Police within one month after receipt
for deposit into the State Police DUI Fund. With respect to
funds designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys into
the Conservation Police Operations Assistance Fund.
(j) A person that is subject to a chemical test or tests of
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice nurse, a registered nurse, a trained

phlebotomist, a licensed certified paramedic, or a qualified
person other than a police officer approved by the Department
of State Police to withdraw blood, who responds, whether at a
law enforcement facility or a health care facility, to a police
department request for the drawing of blood based upon refusal
of the person to submit to a lawfully requested breath test or
probable cause exists to believe the test would disclose the
ingestion, consumption, or use of drugs or intoxicating
compounds if:
(1) the person is found guilty of violating Section
11-501 of this Code or a similar provision of a local
ordinance; or
(2) the person pleads guilty to or stipulates to facts
supporting a violation of Section 11-503 of this Code or a
similar provision of a local ordinance when the plea or
stipulation was the result of a plea agreement in which the
person was originally charged with violating Section
11-501 of this Code or a similar local ordinance.
(Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13;
98-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501 or a similar local ordinance or proceedings

pursuant to Section 2-118.1, evidence of the concentration of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood or
breath at the time alleged, as determined by analysis of the
person's blood, urine, breath or other bodily substance, shall
be admissible. Where such test is made the following provisions
shall apply:
1. Chemical analyses of the person's blood, urine,
breath or other bodily substance to be considered valid
under the provisions of this Section shall have been
performed according to standards promulgated by the
Department of State Police by a licensed physician,
registered nurse, trained phlebotomist, licensed certified
paramedic, or other individual possessing a valid permit
issued by that Department for this purpose. The Director of
State Police is authorized to approve satisfactory
techniques or methods, to ascertain the qualifications and
competence of individuals to conduct such analyses, to
issue permits which shall be subject to termination or
revocation at the discretion of that Department and to
certify the accuracy of breath testing equipment. The
Department of State Police shall prescribe regulations as
necessary to implement this Section.
2. When a person in this State shall submit to a blood
test at the request of a law enforcement officer under the
provisions of Section 11-501.1, only a physician

authorized to practice medicine, a licensed physician
assistant, a licensed advanced practice nurse, a
registered nurse, trained phlebotomist, or licensed
certified paramedic, or other qualified person approved by
the Department of State Police may withdraw blood for the
purpose of determining the alcohol, drug, or alcohol and
drug content therein. This limitation shall not apply to
the taking of breath or urine specimens.
When a blood test of a person who has been taken to an
adjoining state for medical treatment is requested by an
Illinois law enforcement officer, the blood may be
withdrawn only by a physician authorized to practice
medicine in the adjoining state, a licensed physician
assistant, a licensed advanced practice nurse, a
registered nurse, a trained phlebotomist acting under the
direction of the physician, or licensed certified
paramedic. The law enforcement officer requesting the test
shall take custody of the blood sample, and the blood
sample shall be analyzed by a laboratory certified by the
Department of State Police for that purpose.
3. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to any administered at
the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall

not preclude the admission of evidence relating to the test
or tests taken at the direction of a law enforcement
officer.
4. Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or such person's
attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(a-5) Law enforcement officials may use standardized field
sobriety tests approved by the National Highway Traffic Safety
Administration when conducting investigations of a violation
of Section 11-501 or similar local ordinance by drivers
suspected of driving under the influence of cannabis. The
General Assembly finds that standardized field sobriety tests
approved by the National Highway Traffic Safety Administration
are divided attention tasks that are intended to determine if a
person is under the influence of cannabis. The purpose of these
tests is to determine the effect of the use of cannabis on a
person's capacity to think and act with ordinary care and
therefore operate a motor vehicle safely. Therefore, the
results of these standardized field sobriety tests,
appropriately administered, shall be admissible in the trial of
any civil or criminal action or proceeding arising out of an

arrest for a cannabis-related offense as defined in Section
11-501 or a similar local ordinance or proceedings under
Section 2-118.1. Where a test is made the following provisions
shall apply:
1. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to the standardized
field sobriety test or tests administered at the direction
of a law enforcement officer. The failure or inability to
obtain an additional test by a person does not preclude the
admission of evidence relating to the test or tests taken
at the direction of a law enforcement officer.
2. Upon the request of the person who shall submit to a
standardized field sobriety test or tests at the request of
a law enforcement officer, full information concerning the
test or tests shall be made available to the person or the
person's attorney.
3. At the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as
defined in Section 11-501 or a similar local ordinance or
proceedings under Section 2-118.1 in which the results of
these standardized field sobriety tests are admitted, the
cardholder may present and the trier of fact may consider
evidence that the card holder lacked the physical capacity
to perform the standardized field sobriety tests.

(b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, the concentration
of alcohol in the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other bodily substance shall give rise to the following
presumptions:
1. If there was at that time an alcohol concentration
of 0.05 or less, it shall be presumed that the person was
not under the influence of alcohol.
2. If there was at that time an alcohol concentration
in excess of 0.05 but less than 0.08, such facts shall not
give rise to any presumption that the person was or was not
under the influence of alcohol, but such fact may be
considered with other competent evidence in determining
whether the person was under the influence of alcohol.
3. If there was at that time an alcohol concentration
of 0.08 or more, it shall be presumed that the person was
under the influence of alcohol.
4. The foregoing provisions of this Section shall not
be construed as limiting the introduction of any other
relevant evidence bearing upon the question whether the
person was under the influence of alcohol.
(c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,

evidence of refusal shall be admissible in any civil or
criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof was driving or in actual
physical control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to
submit to these tests or any ability to revoke the implied
consent to these tests, if a law enforcement officer has
probable cause to believe that a motor vehicle driven by or in
actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof has caused the death or
personal injury to another, the law enforcement officer shall
request, and that person shall submit, upon the request of a
law enforcement officer, to a chemical test or tests of his or
her blood, breath or urine for the purpose of determining the
alcohol content thereof or the presence of any other drug or
combination of both.
This provision does not affect the applicability of or
imposition of driver's license sanctions under Section
11-501.1 of this Code.
3. For purposes of this Section, a personal injury includes
any Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical

facility. A Type A injury includes severe bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11;
97-813, eff. 7-13-12; 98-122, eff. 1-1-14.)
Section 60. The Workers' Compensation Act is amended by
changing Section 6 as follows:
(820 ILCS 305/6) (from Ch. 48, par. 138.6)
Sec. 6. (a) Every employer within the provisions of this
Act, shall, under the rules and regulations prescribed by the
Commission, post printed notices in their respective places of
employment in such number and at such places as may be
determined by the Commission, containing such information
relative to this Act as in the judgment of the Commission may
be necessary to aid employees to safeguard their rights under
this Act in event of injury.
In addition thereto, the employer shall post in a
conspicuous place on the place of the employment a printed or
typewritten notice stating whether he is insured or whether he
has qualified and is operating as a self-insured employer. In
the event the employer is insured, the notice shall state the
name and address of his insurance carrier, the number of the
insurance policy, its effective date and the date of
termination. In the event of the termination of the policy for

any reason prior to the termination date stated, the posted
notice shall promptly be corrected accordingly. In the event
the employer is operating as a self-insured employer the notice
shall state the name and address of the company, if any,
servicing the compensation payments of the employer, and the
name and address of the person in charge of making compensation
payments.
(b) Every employer subject to this Act shall maintain
accurate records of work-related deaths, injuries and illness
other than minor injuries requiring only first aid treatment
and which do not involve medical treatment, loss of
consciousness, restriction of work or motion, or transfer to
another job and file with the Commission, in writing, a report
of all accidental deaths, injuries and illnesses arising out of
and in the course of the employment resulting in the loss of
more than 3 scheduled work days. In the case of death such
report shall be made no later than 2 working days following the
accidental death. In all other cases such report shall be made
between the 15th and 25th of each month unless required to be
made sooner by rule of the Commission. In case the injury
results in permanent disability, a further report shall be made
as soon as it is determined that such permanent disability has
resulted or will result from the injury. All reports shall
state the date of the injury, including the time of day or
night, the nature of the employer's business, the name,
address, age, sex, conjugal condition of the injured person,

the specific occupation of the injured person, the direct cause
of the injury and the nature of the accident, the character of
the injury, the length of disability, and in case of death the
length of disability before death, the wages of the injured
person, whether compensation has been paid to the injured
person, or to his or her legal representative or his heirs or
next of kin, the amount of compensation paid, the amount paid
for physicians', surgeons' and hospital bills, and by whom
paid, and the amount paid for funeral or burial expenses if
known. The reports shall be made on forms and in the manner as
prescribed by the Commission and shall contain such further
information as the Commission shall deem necessary and require.
The making of these reports releases the employer from making
such reports to any other officer of the State and shall
satisfy the reporting provisions as contained in the "Health
and Safety Act" and "An Act in relation to safety inspections
and education in industrial and commercial establishments and
to repeal an Act therein named", approved July 18, 1955, as now
or hereafter amended. The reports filed with the Commission
pursuant to this Section shall be made available by the
Commission to the Director of Labor or his representatives and
to all other departments of the State of Illinois which shall
require such information for the proper discharge of their
official duties. Failure to file with the Commission any of the
reports required in this Section is a petty offense.
Except as provided in this paragraph, all reports filed

hereunder shall be confidential and any person having access to
such records filed with the Illinois Workers' Compensation
Commission as herein required, who shall release any
information therein contained including the names or otherwise
identify any persons sustaining injuries or disabilities, or
give access to such information to any unauthorized person,
shall be subject to discipline or discharge, and in addition
shall be guilty of a Class B misdemeanor. The Commission shall
compile and distribute to interested persons aggregate
statistics, taken from the reports filed hereunder. The
aggregate statistics shall not give the names or otherwise
identify persons sustaining injuries or disabilities or the
employer of any injured or disabled person.
(c) Notice of the accident shall be given to the employer
as soon as practicable, but not later than 45 days after the
accident. Provided:
(1) In case of the legal disability of the employee or
any dependent of a deceased employee who may be entitled to
compensation under the provisions of this Act, the
limitations of time by this Act provided do not begin to
run against such person under legal disability until a
guardian has been appointed.
(2) In cases of injuries sustained by exposure to
radiological materials or equipment, notice shall be given
to the employer within 90 days subsequent to the time that
the employee knows or suspects that he has received an

excessive dose of radiation.
No defect or inaccuracy of such notice shall be a bar to
the maintenance of proceedings on arbitration or otherwise by
the employee unless the employer proves that he is unduly
prejudiced in such proceedings by such defect or inaccuracy.
Notice of the accident shall give the approximate date and
place of the accident, if known, and may be given orally or in
writing.
(d) Every employer shall notify each injured employee who
has been granted compensation under the provisions of Section 8
of this Act of his rights to rehabilitation services and advise
him of the locations of available public rehabilitation centers
and any other such services of which the employer has
knowledge.
In any case, other than one where the injury was caused by
exposure to radiological materials or equipment or asbestos
unless the application for compensation is filed with the
Commission within 3 years after the date of the accident, where
no compensation has been paid, or within 2 years after the date
of the last payment of compensation, where any has been paid,
whichever shall be later, the right to file such application
shall be barred.
In any case of injury caused by exposure to radiological
materials or equipment or asbestos, unless application for
compensation is filed with the Commission within 25 years after
the last day that the employee was employed in an environment

of hazardous radiological activity or asbestos, the right to
file such application shall be barred.
If in any case except one where the injury was caused by
exposure to radiological materials or equipment or asbestos,
the accidental injury results in death application for
compensation for death may be filed with the Commission within
3 years after the date of death where no compensation has been
paid or within 2 years after the date of the last payment of
compensation where any has been paid, whichever shall be later,
but not thereafter.
If an accidental injury caused by exposure to radiological
material or equipment or asbestos results in death within 25
years after the last day that the employee was so exposed
application for compensation for death may be filed with the
Commission within 3 years after the date of death, where no
compensation has been paid, or within 2 years after the date of
the last payment of compensation where any has been paid,
whichever shall be later, but not thereafter.
(e) Any contract or agreement made by any employer or his
agent or attorney with any employee or any other beneficiary of
any claim under the provisions of this Act within 7 days after
the injury shall be presumed to be fraudulent.
(f) Any condition or impairment of health of an employee
employed as a firefighter, emergency medical technician (EMT),
emergency medical technician-intermediate (EMT-I), advanced
emergency medical technician (A-EMT), or paramedic which

results directly or indirectly from any bloodborne pathogen,
lung or respiratory disease or condition, heart or vascular
disease or condition, hypertension, tuberculosis, or cancer
resulting in any disability (temporary, permanent, total, or
partial) to the employee shall be rebuttably presumed to arise
out of and in the course of the employee's firefighting, EMT,
or paramedic employment and, further, shall be rebuttably
presumed to be causally connected to the hazards or exposures
of the employment. This presumption shall also apply to any
hernia or hearing loss suffered by an employee employed as a
firefighter, EMT, EMT-I, A-EMT, or paramedic. However, this
presumption shall not apply to any employee who has been
employed as a firefighter, EMT, or paramedic for less than 5
years at the time he or she files an Application for Adjustment
of Claim concerning this condition or impairment with the
Illinois Workers' Compensation Commission. The rebuttable
presumption established under this subsection, however, does
not apply to an emergency medical technician (EMT), emergency
medical technician-intermediate (EMT-I), advanced emergency
medical technician (A-EMT), or paramedic employed by a private
employer if the employee spends the preponderance of his or her
work time for that employer engaged in medical transfers
between medical care facilities or non-emergency medical
transfers to or from medical care facilities. The changes made
to this subsection by Public Act 98-291 this amendatory Act of
the 98th General Assembly shall be narrowly construed. The

Finding and Decision of the Illinois Workers' Compensation
Commission under only the rebuttable presumption provision of
this subsection shall not be admissible or be deemed res
judicata in any disability claim under the Illinois Pension
Code arising out of the same medical condition; however, this
sentence makes no change to the law set forth in Krohe v. City
of Bloomington, 204 Ill.2d 392.
(Source: P.A. 98-291, eff. 1-1-14.)
Section 65. The Workers' Occupational Diseases Act is
amended by changing Section 1 as follows:
(820 ILCS 310/1) (from Ch. 48, par. 172.36)
Sec. 1. This Act shall be known and may be cited as the
"Workers' Occupational Diseases Act".
(a) The term "employer" as used in this Act shall be
construed to be:
1. The State and each county, city, town, township,
incorporated village, school district, body politic, or
municipal corporation therein.
2. Every person, firm, public or private corporation,
including hospitals, public service, eleemosynary,
religious or charitable corporations or associations, who
has any person in service or under any contract for hire,
express or implied, oral or written.
3. Where an employer operating under and subject to the

provisions of this Act loans an employee to another such
employer and such loaned employee sustains a compensable
occupational disease in the employment of such borrowing
employer and where such borrowing employer does not provide
or pay the benefits or payments due such employee, such
loaning employer shall be liable to provide or pay all
benefits or payments due such employee under this Act and
as to such employee the liability of such loaning and
borrowing employers shall be joint and several, provided
that such loaning employer shall in the absence of
agreement to the contrary be entitled to receive from such
borrowing employer full reimbursement for all sums paid or
incurred pursuant to this paragraph together with
reasonable attorneys' fees and expenses in any hearings
before the Illinois Workers' Compensation Commission or in
any action to secure such reimbursement. Where any benefit
is provided or paid by such loaning employer, the employee
shall have the duty of rendering reasonable co-operation in
any hearings, trials or proceedings in the case, including
such proceedings for reimbursement.
Where an employee files an Application for Adjustment
of Claim with the Illinois Workers' Compensation
Commission alleging that his or her claim is covered by the
provisions of the preceding paragraph, and joining both the
alleged loaning and borrowing employers, they and each of
them, upon written demand by the employee and within 7 days

after receipt of such demand, shall have the duty of filing
with the Illinois Workers' Compensation Commission a
written admission or denial of the allegation that the
claim is covered by the provisions of the preceding
paragraph and in default of such filing or if any such
denial be ultimately determined not to have been bona fide
then the provisions of Paragraph K of Section 19 of this
Act shall apply.
An employer whose business or enterprise or a
substantial part thereof consists of hiring, procuring or
furnishing employees to or for other employers operating
under and subject to the provisions of this Act for the
performance of the work of such other employers and who
pays such employees their salary or wage notwithstanding
that they are doing the work of such other employers shall
be deemed a loaning employer within the meaning and
provisions of this Section.
(b) The term "employee" as used in this Act, shall be
construed to mean:
1. Every person in the service of the State, county,
city, town, township, incorporated village or school
district, body politic or municipal corporation therein,
whether by election, appointment or contract of hire,
express or implied, oral or written, including any official
of the State, or of any county, city, town, township,
incorporated village, school district, body politic or

municipal corporation therein and except any duly
appointed member of the fire department in any city whose
population exceeds 500,000 according to the last Federal or
State census, and except any member of a fire insurance
patrol maintained by a board of underwriters in this State.
One employed by a contractor who has contracted with the
State, or a county, city, town, township, incorporated
village, school district, body politic or municipal
corporation therein, through its representatives, shall
not be considered as an employee of the State, county,
city, town, township, incorporated village, school
district, body politic or municipal corporation which made
the contract.
2. Every person in the service of another under any
contract of hire, express or implied, oral or written, who
contracts an occupational disease while working in the
State of Illinois, or who contracts an occupational disease
while working outside of the State of Illinois but where
the contract of hire is made within the State of Illinois,
and any person whose employment is principally localized
within the State of Illinois, regardless of the place where
the disease was contracted or place where the contract of
hire was made, including aliens, and minors who, for the
purpose of this Act, except Section 3 hereof, shall be
considered the same and have the same power to contract,
receive payments and give quittances therefor, as adult

employees. An employee or his or her dependents under this
Act who shall have a cause of action by reason of an
occupational disease, disablement or death arising out of
and in the course of his or her employment may elect or
pursue his or her remedy in the State where the disease was
contracted, or in the State where the contract of hire is
made, or in the State where the employment is principally
localized.
(c) "Commission" means the Illinois Workers' Compensation
Commission created by the Workers' Compensation Act, approved
July 9, 1951, as amended.
(d) In this Act the term "Occupational Disease" means a
disease arising out of and in the course of the employment or
which has become aggravated and rendered disabling as a result
of the exposure of the employment. Such aggravation shall arise
out of a risk peculiar to or increased by the employment and
not common to the general public.
A disease shall be deemed to arise out of the employment if
there is apparent to the rational mind, upon consideration of
all the circumstances, a causal connection between the
conditions under which the work is performed and the
occupational disease. The disease need not to have been
foreseen or expected but after its contraction it must appear
to have had its origin or aggravation in a risk connected with
the employment and to have flowed from that source as a
rational consequence.

An employee shall be conclusively deemed to have been
exposed to the hazards of an occupational disease when, for any
length of time however short, he or she is employed in an
occupation or process in which the hazard of the disease
exists; provided however, that in a claim of exposure to atomic
radiation, the fact of such exposure must be verified by the
records of the central registry of radiation exposure
maintained by the Department of Public Health or by some other
recognized governmental agency maintaining records of such
exposures whenever and to the extent that the records are on
file with the Department of Public Health or the agency.
Any injury to or disease or death of an employee arising
from the administration of a vaccine, including without
limitation smallpox vaccine, to prepare for, or as a response
to, a threatened or potential bioterrorist incident to the
employee as part of a voluntary inoculation program in
connection with the person's employment or in connection with
any governmental program or recommendation for the inoculation
of workers in the employee's occupation, geographical area, or
other category that includes the employee is deemed to arise
out of and in the course of the employment for all purposes
under this Act. This paragraph added by Public Act 93-829 is
declarative of existing law and is not a new enactment.
The employer liable for the compensation in this Act
provided shall be the employer in whose employment the employee
was last exposed to the hazard of the occupational disease

claimed upon regardless of the length of time of such last
exposure, except, in cases of silicosis or asbestosis, the only
employer liable shall be the last employer in whose employment
the employee was last exposed during a period of 60 days or
more after the effective date of this Act, to the hazard of
such occupational disease, and, in such cases, an exposure
during a period of less than 60 days, after the effective date
of this Act, shall not be deemed a last exposure. If a miner
who is suffering or suffered from pneumoconiosis was employed
for 10 years or more in one or more coal mines there shall,
effective July 1, 1973 be a rebuttable presumption that his or
her pneumoconiosis arose out of such employment.
If a deceased miner was employed for 10 years or more in
one or more coal mines and died from a respirable disease there
shall, effective July 1, 1973, be a rebuttable presumption that
his or her death was due to pneumoconiosis.
Any condition or impairment of health of an employee
employed as a firefighter, emergency medical technician (EMT),
emergency medical technician-intermediate (EMT-I), advanced
emergency medical technician (A-EMT), or paramedic which
results directly or indirectly from any bloodborne pathogen,
lung or respiratory disease or condition, heart or vascular
disease or condition, hypertension, tuberculosis, or cancer
resulting in any disability (temporary, permanent, total, or
partial) to the employee shall be rebuttably presumed to arise
out of and in the course of the employee's firefighting, EMT,

EMT-I, A-EMT, or paramedic employment and, further, shall be
rebuttably presumed to be causally connected to the hazards or
exposures of the employment. This presumption shall also apply
to any hernia or hearing loss suffered by an employee employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
this presumption shall not apply to any employee who has been
employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
less than 5 years at the time he or she files an Application
for Adjustment of Claim concerning this condition or impairment
with the Illinois Workers' Compensation Commission. The
rebuttable presumption established under this subsection,
however, does not apply to an emergency medical technician
(EMT), emergency medical technician-intermediate (EMT-I),
advanced emergency medical technician (A-EMT), or paramedic
employed by a private employer if the employee spends the
preponderance of his or her work time for that employer engaged
in medical transfers between medical care facilities or
non-emergency medical transfers to or from medical care
facilities. The changes made to this subsection by this
amendatory Act of the 98th General Assembly shall be narrowly
construed. The Finding and Decision of the Illinois Workers'
Compensation Commission under only the rebuttable presumption
provision of this paragraph shall not be admissible or be
deemed res judicata in any disability claim under the Illinois
Pension Code arising out of the same medical condition;
however, this sentence makes no change to the law set forth in

Krohe v. City of Bloomington, 204 Ill.2d 392.
The insurance carrier liable shall be the carrier whose
policy was in effect covering the employer liable on the last
day of the exposure rendering such employer liable in
accordance with the provisions of this Act.
(e) "Disablement" means an impairment or partial
impairment, temporary or permanent, in the function of the body
or any of the members of the body, or the event of becoming
disabled from earning full wages at the work in which the
employee was engaged when last exposed to the hazards of the
occupational disease by the employer from whom he or she claims
compensation, or equal wages in other suitable employment; and
"disability" means the state of being so incapacitated.
(f) No compensation shall be payable for or on account of
any occupational disease unless disablement, as herein
defined, occurs within two years after the last day of the last
exposure to the hazards of the disease, except in cases of
occupational disease caused by berylliosis or by the inhalation
of silica dust or asbestos dust and, in such cases, within 3
years after the last day of the last exposure to the hazards of
such disease and except in the case of occupational disease
caused by exposure to radiological materials or equipment, and
in such case, within 25 years after the last day of last
exposure to the hazards of such disease.
(Source: P.A. 98-291, eff. 1-1-14.)

(210 ILCS 50/3.60 rep.)
Section 70. The Emergency Medical Services (EMS) Systems
Act is amended by repealing Section 3.60.
Section 99. Effective date. This Act takes effect upon
becoming law.