Bill Text: IL HB3571 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Provides that an Illinois licensed EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose license has expired may, within 6 months after license expiration, apply for relicensure, show compliance with all relicensure requirements, and submit the required relicensure fees, including a late fee, and, after that 6-month period, may apply for reinstatement.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-21 - Rule 3-9(a) / Re-referred to Assignments [HB3571 Detail]
Download: Illinois-2021-HB3571-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Emergency Medical Services (EMS) Systems | ||||||
5 | Act is amended by changing Section 3.50 as follows:
| ||||||
6 | (210 ILCS 50/3.50)
| ||||||
7 | Sec. 3.50. Emergency Medical Services personnel licensure | ||||||
8 | levels.
| ||||||
9 | (a) "Emergency Medical Technician" or
"EMT" means a person | ||||||
10 | who has successfully completed a course in basic life support
| ||||||
11 | as approved by the
Department, is currently licensed by the | ||||||
12 | Department in
accordance with standards prescribed by this Act | ||||||
13 | and rules
adopted by the Department pursuant to this Act, and | ||||||
14 | practices within an EMS
System. A valid Emergency Medical | ||||||
15 | Technician-Basic (EMT-B) license issued under this Act shall | ||||||
16 | continue to be valid and shall be recognized as an Emergency | ||||||
17 | Medical Technician (EMT) license until the Emergency Medical | ||||||
18 | Technician-Basic (EMT-B) license expires.
| ||||||
19 | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||||||
20 | means a person who has successfully completed a
course in | ||||||
21 | intermediate life support
as approved
by the Department, is | ||||||
22 | currently licensed by the
Department in accordance with | ||||||
23 | standards prescribed by this
Act and rules adopted by the |
| |||||||
| |||||||
1 | Department pursuant to this
Act, and practices within an | ||||||
2 | Intermediate or Advanced
Life Support EMS System.
| ||||||
3 | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||||||
4 | means a person who has successfully completed a course in | ||||||
5 | basic and limited advanced emergency medical care as approved | ||||||
6 | by the Department, is currently licensed by the Department in | ||||||
7 | accordance with standards prescribed by this Act and rules | ||||||
8 | adopted by the Department pursuant to this Act, and practices | ||||||
9 | within an Intermediate or Advanced Life Support EMS System. | ||||||
10 | (c) "Paramedic (EMT-P)" means a person who
has | ||||||
11 | successfully completed a
course in advanced life support care
| ||||||
12 | as approved
by the Department, is licensed by the Department
| ||||||
13 | in accordance with standards prescribed by this Act and
rules | ||||||
14 | adopted by the Department pursuant to this Act, and
practices | ||||||
15 | within an Advanced Life Support EMS System. A valid Emergency | ||||||
16 | Medical Technician-Paramedic (EMT-P) license issued under this | ||||||
17 | Act shall continue to be valid and shall be recognized as a | ||||||
18 | Paramedic license until the Emergency Medical | ||||||
19 | Technician-Paramedic (EMT-P) license expires.
| ||||||
20 | (c-5) "Emergency Medical Responder" or "EMR (First | ||||||
21 | Responder)" means a person who has successfully completed a | ||||||
22 | course in emergency medical response as approved by the | ||||||
23 | Department and provides emergency medical response services | ||||||
24 | prior to the arrival of an ambulance or specialized emergency | ||||||
25 | medical services vehicle, in accordance with the level of care | ||||||
26 | established by the National EMS Educational Standards |
| |||||||
| |||||||
1 | Emergency Medical Responder course as modified by the | ||||||
2 | Department. An Emergency Medical Responder who provides | ||||||
3 | services as part of an EMS System response plan shall comply | ||||||
4 | with the applicable sections of the Program Plan, as approved | ||||||
5 | by the Department, of that EMS System. The Department shall | ||||||
6 | have the authority to adopt rules governing the curriculum, | ||||||
7 | practice, and necessary equipment applicable to Emergency | ||||||
8 | Medical Responders. | ||||||
9 | On August 15, 2014 (the effective date of Public Act | ||||||
10 | 98-973), a person who is licensed by the Department as a First | ||||||
11 | Responder and has completed a Department-approved course in | ||||||
12 | first responder defibrillator training based on, or equivalent | ||||||
13 | to, the National EMS Educational Standards or other standards | ||||||
14 | previously recognized by the Department shall be eligible for | ||||||
15 | licensure as an Emergency Medical Responder upon meeting the | ||||||
16 | licensure requirements and submitting an application to the | ||||||
17 | Department. A valid First Responder license issued under this | ||||||
18 | Act shall continue to be valid and shall be recognized as an | ||||||
19 | Emergency Medical Responder license until the First Responder | ||||||
20 | license expires. | ||||||
21 | (c-10) All EMS Systems and licensees shall be fully | ||||||
22 | compliant with the National EMS Education Standards, as | ||||||
23 | modified by the Department in administrative rules, within 24 | ||||||
24 | months after the adoption of the administrative rules. | ||||||
25 | (d) The Department shall have the authority and
| ||||||
26 | responsibility to:
|
| |||||||
| |||||||
1 | (1) Prescribe education and training requirements, | ||||||
2 | which
includes training in the use of epinephrine,
for all | ||||||
3 | levels of EMS personnel except for EMRs, based on the | ||||||
4 | National EMS Educational Standards
and any modifications | ||||||
5 | to those curricula specified by the
Department through | ||||||
6 | rules adopted pursuant to this Act.
| ||||||
7 | (2) Prescribe licensure testing requirements
for all | ||||||
8 | levels of EMS personnel, which shall include a requirement | ||||||
9 | that
all phases of instruction, training, and field | ||||||
10 | experience be
completed before taking the appropriate | ||||||
11 | licensure examination.
Candidates may elect to take the | ||||||
12 | appropriate National Registry examination in lieu of the
| ||||||
13 | Department's examination, but are responsible for making
| ||||||
14 | their own arrangements for taking the National Registry
| ||||||
15 | examination. In prescribing licensure testing requirements | ||||||
16 | for honorably discharged members of the armed forces of | ||||||
17 | the United States under this paragraph (2), the Department | ||||||
18 | shall ensure that a candidate's military emergency medical | ||||||
19 | training, emergency medical curriculum completed, and | ||||||
20 | clinical experience, as described in paragraph (2.5), are | ||||||
21 | recognized.
| ||||||
22 | (2.5) Review applications for EMS personnel licensure | ||||||
23 | from
honorably discharged members of the armed forces of | ||||||
24 | the United States with military emergency medical | ||||||
25 | training. Applications shall be filed with the Department | ||||||
26 | within one year after military discharge and shall |
| |||||||
| |||||||
1 | contain: (i) proof of successful completion of military | ||||||
2 | emergency medical training; (ii) a detailed description of | ||||||
3 | the emergency medical curriculum completed; and (iii) a | ||||||
4 | detailed description of the applicant's clinical | ||||||
5 | experience. The Department may request additional and | ||||||
6 | clarifying information. The Department shall evaluate the | ||||||
7 | application, including the applicant's training and | ||||||
8 | experience, consistent with the standards set forth under | ||||||
9 | subsections (a), (b), (c), and (d) of Section 3.10. If the | ||||||
10 | application clearly demonstrates that the training and | ||||||
11 | experience meet such standards, the Department shall offer | ||||||
12 | the applicant the opportunity to successfully complete a | ||||||
13 | Department-approved EMS personnel examination for the | ||||||
14 | level of license for which the applicant is qualified. | ||||||
15 | Upon passage of an examination, the Department shall issue | ||||||
16 | a license, which shall be subject to all provisions of | ||||||
17 | this Act that are otherwise applicable to the level of EMS | ||||||
18 | personnel
license issued. | ||||||
19 | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| ||||||
20 | or Paramedic who have met the Department's education, | ||||||
21 | training and
examination requirements.
| ||||||
22 | (4) Prescribe annual continuing education and
| ||||||
23 | relicensure requirements for all EMS personnel licensure
| ||||||
24 | levels.
| ||||||
25 | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||||||
26 | A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, |
| |||||||
| |||||||
1 | based on their compliance with
continuing education and | ||||||
2 | relicensure requirements as required by the Department | ||||||
3 | pursuant to this Act. Every 4 years, a Paramedic shall | ||||||
4 | have 100 hours of approved continuing education, an EMT-I | ||||||
5 | and an advanced EMT shall have 80 hours of approved | ||||||
6 | continuing education, and an EMT shall have 60 hours of | ||||||
7 | approved continuing education. An Illinois licensed EMR, | ||||||
8 | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or | ||||||
9 | PHRN whose license has expired may, within 6 months after | ||||||
10 | license expiration, apply for relicensure, show compliance | ||||||
11 | with all relicensure requirements, and submit the required | ||||||
12 | relicensure fees, including a late fee. An Illinois | ||||||
13 | licensed EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | ||||||
14 | PHPA, PHAPRN, or PHRN whose license has been expired for | ||||||
15 | more than 6 months but less than 36 months may apply for | ||||||
16 | reinstatement by the Department. Reinstatement shall | ||||||
17 | require that the applicant (i) submit satisfactory proof | ||||||
18 | of completion of continuing medical education and clinical | ||||||
19 | requirements to be prescribed by the Department in an | ||||||
20 | administrative rule; (ii) submit a positive recommendation | ||||||
21 | from an Illinois EMS Medical Director attesting to the | ||||||
22 | applicant's qualifications for retesting; and (iii) pass a | ||||||
23 | Department approved test for the level of EMS personnel | ||||||
24 | license sought to be reinstated.
| ||||||
25 | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||||||
26 | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
|
| |||||||
| |||||||
1 | qualifies, based on standards and procedures established | ||||||
2 | by
the Department in rules adopted pursuant to this Act.
| ||||||
3 | (7) Charge a fee for EMS personnel examination, | ||||||
4 | licensure, and license renewal.
| ||||||
5 | (8) Suspend, revoke, or refuse to issue or renew the
| ||||||
6 | license of any licensee, after an opportunity for an | ||||||
7 | impartial hearing before a neutral administrative law | ||||||
8 | judge appointed by the Director, where the preponderance | ||||||
9 | of the evidence shows one or more of the following:
| ||||||
10 | (A) The licensee has not met continuing
education | ||||||
11 | or relicensure requirements as prescribed by the | ||||||
12 | Department;
| ||||||
13 | (B) The licensee has failed to maintain
| ||||||
14 | proficiency in the level of skills for which he or she | ||||||
15 | is licensed;
| ||||||
16 | (C) The licensee, during the provision of
medical | ||||||
17 | services, engaged in dishonorable, unethical, or
| ||||||
18 | unprofessional conduct of a character likely to | ||||||
19 | deceive,
defraud, or harm the public;
| ||||||
20 | (D) The licensee has failed to maintain or
has | ||||||
21 | violated standards of performance and conduct as | ||||||
22 | prescribed
by the Department in rules adopted pursuant | ||||||
23 | to this Act or
his or her EMS System's Program Plan;
| ||||||
24 | (E) The licensee is physically impaired to
the | ||||||
25 | extent that he or she cannot physically perform the | ||||||
26 | skills and
functions for which he or she is licensed, |
| |||||||
| |||||||
1 | as verified by a
physician, unless the person is on | ||||||
2 | inactive status pursuant
to Department regulations;
| ||||||
3 | (F) The licensee is mentally impaired to the
| ||||||
4 | extent that he or she cannot exercise the appropriate | ||||||
5 | judgment,
skill and safety for performing the | ||||||
6 | functions for which he
or she is licensed, as verified | ||||||
7 | by a physician, unless the person
is on inactive | ||||||
8 | status pursuant to Department regulations;
| ||||||
9 | (G) The licensee has violated this Act or any
rule | ||||||
10 | adopted by the Department pursuant to this Act; or | ||||||
11 | (H) The licensee has been convicted (or entered a | ||||||
12 | plea of guilty or nolo contendere nolo-contendere ) by | ||||||
13 | a court of competent jurisdiction of a Class X, Class | ||||||
14 | 1, or Class 2 felony in this State or an out-of-state | ||||||
15 | equivalent offense. | ||||||
16 | (9) Prescribe education and training requirements in | ||||||
17 | the administration and use of opioid antagonists for all | ||||||
18 | levels of EMS personnel based on the National EMS | ||||||
19 | Educational Standards and any modifications to those | ||||||
20 | curricula specified by the Department through rules | ||||||
21 | adopted pursuant to this Act. | ||||||
22 | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | ||||||
23 | PHAPRN, PHPA, or PHRN who is a member of the Illinois National | ||||||
24 | Guard or an Illinois State Trooper or who exclusively serves | ||||||
25 | as a volunteer for units of local government with a population | ||||||
26 | base of less than 5,000 or as a volunteer
for a not-for-profit |
| |||||||
| |||||||
1 | organization that serves a service area
with a population base | ||||||
2 | of less than 5,000 may submit an application to the Department | ||||||
3 | for a waiver of the fees described under paragraph (7) of | ||||||
4 | subsection (d) of this Section on a form prescribed by the | ||||||
5 | Department. | ||||||
6 | The education requirements prescribed by the Department | ||||||
7 | under this Section must allow for the suspension of those | ||||||
8 | requirements in the case of a member of the armed services or | ||||||
9 | reserve forces of the United States or a member of the Illinois | ||||||
10 | National Guard who is on active duty pursuant to an executive | ||||||
11 | order of the President of the United States, an act of the | ||||||
12 | Congress of the United States, or an order of the Governor at | ||||||
13 | the time that the member would otherwise be required to | ||||||
14 | fulfill a particular education requirement. Such a person must | ||||||
15 | fulfill the education requirement within 6 months after his or | ||||||
16 | her release from active duty.
| ||||||
17 | (e) In the event that any rule of the
Department or an EMS | ||||||
18 | Medical Director that requires testing for drug
use as a | ||||||
19 | condition of the applicable EMS personnel license conflicts | ||||||
20 | with or
duplicates a provision of a collective bargaining | ||||||
21 | agreement
that requires testing for drug use, that rule shall | ||||||
22 | not
apply to any person covered by the collective bargaining
| ||||||
23 | agreement.
| ||||||
24 | (f) At the time of applying for or renewing his or her | ||||||
25 | license, an applicant for a license or license renewal may | ||||||
26 | submit an email address to the Department. The Department |
| |||||||
| |||||||
1 | shall keep the email address on file as a form of contact for | ||||||
2 | the individual. The Department shall send license renewal | ||||||
3 | notices electronically and by mail to a licensee all licensees | ||||||
4 | who provides provide the Department with his or her email | ||||||
5 | address. The notices shall be sent at least 60 days prior to | ||||||
6 | the expiration date of the license. | ||||||
7 | (Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19; | ||||||
8 | 101-153, eff. 1-1-20; revised 12-3-19.)
|