Bill Text: IL HB5183 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Illinois Department of Public Health shall have the authority to promulgate minimum standards for critical care transport through rules adopted by the Department. Defines "critical care transport" to mean an advanced level of Pre-hospital and Inter-hospital care utilizing specially trained paramedics, specially trained nurses, and other specialized healthcare providers to deliver advanced or highly specialized care above or beyond the level of current paramedic practice. Establishes minimum standards for critical care transport programs. Grants the Department the authority to suspend, revoke, or refuse to issue or renew (rather than suspend, revoke, or refuse to renew) the license of any EMT that has been convicted by any lawful court of a felony criminal offense involving unlawful physical injury to a child under the age of 13 or an adult over the age of 65. Contains provisions concerning application, testing, certification, and licensing fees for First Responders, EMS Lead Instructors, Emergency Medical Dispatchers, Trauma Nurse Specialists, Pre-Hospital Register Nurses, and Emergency Communication Register Nurses. Makes other changes. Effective January 1, 2011.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-08-23 - Public Act . . . . . . . . . 96-1469 [HB5183 Detail]

Download: Illinois-2009-HB5183-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Emergency Medical Services (EMS) Systems Act
is amended by changing Sections 3.10, 3.20, 3.50, 3.60, 3.65,
3.70, 3.75, 3.80, 3.85, 3.86, 3.130, 3.160, 3.175, and 3.220 as
follows:
(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 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

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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 Basic Life Support national curriculum of the United States
Department of Transportation and any modifications to that

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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) "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 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 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

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of medically necessary supplies and services, at a level of
service beyond the scope of the 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
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 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

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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. 94-568, eff. 1-1-06.)
(210 ILCS 50/3.20)

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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

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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 identified. 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

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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
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

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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) 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) Upon the effective date of this amendatory Act

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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.
(Source: P.A. 95-584, eff. 8-31-07.)
(210 ILCS 50/3.50)
Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
(a) "Emergency Medical Technician-Basic" or "EMT-B" means
a person who has successfully completed a course of instruction
in basic life support as 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

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System.
(b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course of
instruction in intermediate life support as 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.
(c) "Emergency Medical Technician-Paramedic" or "EMT-P"
means a person who has successfully completed a course of
instruction in advanced life support care as 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.
(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 EMT, based on the respective national curricula
of the United States Department of Transportation and any
modifications to such curricula specified by the
Department through rules adopted pursuant to this Act.
(2) Prescribe licensure testing requirements for all
levels of EMT, which shall include a requirement that all
phases of instruction, training, and field experience be

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completed before taking the EMT licensure examination.
Candidates may elect to take the 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.
(2.5) Review applications for 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 EMT examination for which
the applicant is qualified. Upon passage of an examination,
the Department shall issue a license, which shall be

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subject to all provisions of this Act that are otherwise
applicable to the class of EMT license issued.
(3) License individuals as an EMT-B, EMT-I, or EMT-P
who have met the Department's education, training and
examination testing requirements.
(4) Prescribe annual continuing education and
relicensure requirements for all levels of EMT.
(5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
every 4 years, based on their compliance with continuing
education and relicensure requirements.
(6) Grant inactive status to any EMT who qualifies,
based on standards and procedures established by the
Department in rules adopted pursuant to this Act.
(7) Charge a fee for EMT examination, licensure, and
license renewal each candidate for EMT a fee to be
submitted with an application for a licensure examination.
(8) Suspend, revoke, or refuse to issue or renew the
license of any licensee an EMT, 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 hearing,
when findings show one or more of the following:
(A) The licensee EMT has not met continuing
education or relicensure requirements as prescribed by
the Department;
(B) The licensee EMT has failed to maintain

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proficiency in the level of skills for which he or she
is licensed;
(C) The licensee EMT, 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 EMT 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 EMT 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 EMT 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; or
(G) The licensee EMT 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

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competent jurisdiction of a Class X, Class 1, or Class
2 felony in this State or an out-of-state equivalent
offense.
(9) An EMT who exclusively serves as a volunteer for
units of local government with a population base of less
than 5,000 may submit an application to the Department for
a waiver of these fees on a form prescribed by the
Department.
The education requirements prescribed by the Department
under this 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 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. 96-540, eff. 8-17-09.)

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(210 ILCS 50/3.60)
Sec. 3.60. First Responder.
(a) "First Responder" means a person who has successfully
completed a course of instruction in emergency first response
as prescribed by the Department, who provides first response
services prior to the arrival of an ambulance or specialized
emergency medical services vehicle, in accordance with the
level of care established in the emergency first response
course. A First Responder who provides such services as part of
an EMS System response plan which utilizes First Responders as
the personnel dispatched to the scene of an emergency to
provide initial emergency medical care shall comply with the
applicable sections of the Program Plan of that EMS System.
Persons who have already completed a course of instruction
in emergency first response based on or equivalent to the
national curriculum of the United States Department of
Transportation, or as otherwise previously recognized by the
Department, shall be considered First Responders on the
effective date of this amendatory Act of 1995.
(b) The Department shall have the authority and
responsibility to:
(1) Prescribe education requirements for the First
Responder, which meet or exceed the national curriculum of
the United States Department of Transportation, through
rules adopted pursuant to this Act.

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(2) Prescribe a standard set of equipment for use
during first response services. An individual First
Responder shall not be required to maintain his or her own
set of such equipment, provided he or she has access to
such equipment during a first response call.
(3) Require the First Responder to notify the
Department of any EMS System in which he or she
participates as dispatched personnel as described in
subsection (a).
(4) Require the First Responder to comply with the
applicable sections of the Program Plans for those Systems.
(5) Require the First Responder to keep the Department
currently informed as to who employs him or her and who
supervises his or her activities as a First Responder.
(6) Establish a mechanism for phasing in the First
Responder requirements over a 5-year period.
(7) Charge each First Responder applicant a fee for
testing, initial licensure, and license renewal. A First
Responder who exclusively serves as a volunteer for units
of local government or 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 these fees on a form prescribed by the
Department.
(Source: P.A. 89-177, eff. 7-19-95.)

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(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 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 certification, and an application for
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-B, EMT-I, EMT-P,

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Pre-Hospital RN, ECRN, 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 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. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.70)
Sec. 3.70. Emergency Medical Dispatcher.

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(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

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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 certification and recertification of a
person who meets the training and other requirements as an
emergency medical dispatcher pursuant to this Act.
(2) Require 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 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 certificate

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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 recertification requirement
that requires at least 12 hours of medical
dispatch-specific continuing education 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

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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 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, 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

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(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 recertification for the dispatcher.
(16) Charge each Emergency Medical Dispatcher
applicant a fee for licensure and license renewal.
(Source: P.A. 92-506, eff. 1-1-02.)
(210 ILCS 50/3.75)
Sec. 3.75. Trauma Nurse Specialist (TNS) Certification.
(a) "Trauma Nurse Specialist" or "TNS" means a registered
professional nurse who has successfully completed education
and testing requirements as prescribed by the Department, and
is certified by the Department in accordance with rules adopted
by the Department pursuant to this Act.
(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
certification based on examination only, through rules

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adopted pursuant to this Act;
(3) Charge each candidate for TNS certification a fee
to be submitted with an application for a certification
examination, an application for certification, and an
application for recertification;
(4) Certify an individual as a TNS who has met the
Department's education and testing requirements;
(5) Prescribe recertification requirements through
rules adopted to this Act;
(6) Recertify an individual as a TNS every 4 years,
based on compliance with 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 deny renewal of the
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 certified or has failed to comply with
recertification requirements.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.80)
Sec. 3.80. Pre-Hospital RN and Emergency Communications
Registered Nurse.
(a) Emergency Communications Registered Nurse or "ECRN"

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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.
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 "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 EMS System as emergency medical
services personnel for pre-hospital and inter-hospital
emergency care and non-emergency medical transports.
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 RN and ECRN candidates
through rules adopted pursuant to this Act:

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(A) Education for Pre-Hospital RN shall include
extrication, telecommunications, and pre-hospital
cardiac 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 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 EMT, only
when authorized by the EMS Medical Director;
(2) Require EMS Medical Directors to reapprove
Pre-Hospital RNs and ECRNs every 4 years, based on
compliance with continuing education requirements
prescribed by the Department through rules adopted

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pursuant to this Act;
(3) Allow EMS Medical Directors to grant inactive
status to any Pre-Hospital 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 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 RN applicant and ECRN
applicant a fee for certification and recertification.
(Source: P.A. 95-639, eff. 10-5-07.)
(210 ILCS 50/3.85)
Sec. 3.85. Vehicle Service Providers.
(a) "Vehicle Service Provider" means an entity licensed by
the Department to provide emergency or non-emergency medical
services in compliance with this Act, the rules promulgated by
the Department pursuant to this Act, and an operational plan
approved by its EMS System(s), utilizing at least ambulances or
specialized emergency medical service vehicles (SEMSV).
(1) "Ambulance" means any publicly or privately owned
on-road vehicle that is specifically designed, constructed
or modified and equipped, and is intended to be used for,
and is maintained or operated for the emergency

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transportation of persons who are sick, injured, wounded or
otherwise incapacitated or helpless, or the non-emergency
medical transportation of persons who require the presence
of medical personnel to monitor the individual's condition
or medical apparatus being used on such individuals.
(2) "Specialized Emergency Medical Services Vehicle"
or "SEMSV" means a vehicle or conveyance, other than those
owned or operated by the federal government, that is
primarily intended for use in transporting the sick or
injured by means of air, water, or ground transportation,
that is not an ambulance as defined in this Act. The term
includes watercraft, aircraft and special purpose ground
transport vehicles or conveyances not intended for use on
public roads.
(3) An ambulance or SEMSV may also be designated as a
Limited Operation Vehicle or Special-Use Vehicle:
(A) "Limited Operation Vehicle" means a vehicle
which is licensed by the Department to provide basic,
intermediate or advanced life support emergency or
non-emergency medical services that are exclusively
limited to specific events or locales.
(B) "Special-Use Vehicle" means any publicly or
privately owned vehicle that is specifically designed,
constructed or modified and equipped, and is intended
to be used for, and is maintained or operated solely
for the emergency or non-emergency transportation of a

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specific medical class or category of persons who are
sick, injured, wounded or otherwise incapacitated or
helpless (e.g. high-risk obstetrical patients,
neonatal patients).
(C) "Reserve Ambulance" means a vehicle that meets
all criteria set forth in this Section and all
Department rules, except for the required inventory of
medical supplies and durable medical equipment, which
may be rapidly transferred from a fully functional
ambulance to a reserve ambulance without the use of
tools or special mechanical expertise.
(b) The Department shall have the authority and
responsibility to:
(1) Require all Vehicle Service Providers, both
publicly and privately owned, to function within an EMS
System;
(2) Require a Vehicle Service Provider utilizing
ambulances to have a primary affiliation with an EMS System
within the EMS Region in which its Primary Service Area is
located, which is the geographic areas in which the
provider renders the majority of its emergency responses.
This requirement shall not apply to Vehicle Service
Providers which exclusively utilize Limited Operation
Vehicles;
(3) Establish licensing standards and requirements for
Vehicle Service Providers, through rules adopted pursuant

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to this Act, including but not limited to:
(A) Vehicle design, specification, operation and
maintenance standards, including standards for the use
of reserve ambulances;
(B) Equipment requirements;
(C) Staffing requirements; and
(D) Annual license renewal.
(4) License all Vehicle Service Providers that have met
the Department's requirements for licensure, unless such
Provider is owned or licensed by the federal government.
All Provider licenses issued by the Department shall
specify the level and type of each vehicle covered by the
license (BLS, ILS, ALS, ambulance, SEMSV, limited
operation vehicle, special use vehicle, reserve
ambulance);
(5) Annually inspect all licensed Vehicle Service
Providers, and relicense such Providers that have met the
Department's requirements for license renewal;
(6) Suspend, revoke, refuse to issue or refuse to renew
the license of any Vehicle Service Provider, or that
portion of a license pertaining to a specific vehicle
operated by the Provider, after an opportunity for a
hearing, when findings show that the Provider or one or
more of its vehicles has failed to comply with the
standards and requirements of this Act or rules adopted by
the Department pursuant to this Act;

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(7) Issue an Emergency Suspension Order for any
Provider or vehicle licensed under this Act, when the
Director or his designee has determined that an immediate
and serious danger to the public health, safety and welfare
exists. Suspension or revocation proceedings which offer
an opportunity for hearing shall be promptly initiated
after the Emergency Suspension Order has been issued;
(8) Exempt any licensed vehicle from subsequent
vehicle design standards or specifications required by the
Department, as long as said vehicle is continuously in
compliance with the vehicle design standards and
specifications originally applicable to that vehicle, or
until said vehicle's title of ownership is transferred;
(9) Exempt any vehicle (except an SEMSV) which was
being used as an ambulance on or before December 15, 1980,
from vehicle design standards and specifications required
by the Department, until said vehicle's title of ownership
is transferred. Such vehicles shall not be exempt from all
other licensing standards and requirements prescribed by
the Department;
(10) Prohibit any Vehicle Service Provider from
advertising, identifying its vehicles, or disseminating
information in a false or misleading manner concerning the
Provider's type and level of vehicles, location, primary
service area, response times, level of personnel,
licensure status or System participation; and

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(10.5) Prohibit any Vehicle Service Provider, whether
municipal, private, or hospital-owned, from advertising
itself as a critical care transport provider unless it
participates in a Department-approved EMS System critical
care transport plan; and
(11) Charge each Vehicle Service Provider a fee per
transport vehicle, to be submitted with each application
for licensure and license renewal. The fee per transport
vehicle shall be set by administrative rule by the
Department and shall not exceed 100 vehicles per provider ,
which shall not exceed $25.00 per vehicle, up to $500.00
per Provider.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.86)
Sec. 3.86. Stretcher van providers.
(a) In this Section, "stretcher van provider" means an
entity licensed by the Department to provide non-emergency
transportation of passengers on a stretcher in compliance with
this Act or the rules adopted by the Department pursuant to
this Act, utilizing stretcher vans.
(b) The Department has the authority and responsibility to
do the following:
(1) Require all stretcher van providers, both publicly
and privately owned, to be licensed by the Department.
(2) Establish licensing and safety standards and

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requirements for stretcher van providers, through rules
adopted pursuant to this Act, including but not limited to:
(A) Vehicle design, specification, operation, and
maintenance standards.
(B) Safety equipment requirements and standards.
(C) Staffing requirements.
(D) Annual license renewal.
(3) License all stretcher van providers that have met
the Department's requirements for licensure.
(4) Annually inspect all licensed stretcher van
providers, and relicense providers that have met the
Department's requirements for license renewal.
(5) Suspend, revoke, refuse to issue, or refuse to
renew the license of any stretcher van provider, or that
portion of a license pertaining to a specific vehicle
operated by a provider, after an opportunity for a hearing,
when findings show that the provider or one or more of its
vehicles has failed to comply with the standards and
requirements of this Act or the rules adopted by the
Department pursuant to this Act.
(6) Issue an emergency suspension order for any
provider or vehicle licensed under this Act when the
Director or his or her designee has determined that an
immediate or serious danger to the public health, safety,
and welfare exists. Suspension or revocation proceedings
that offer an opportunity for a hearing shall be promptly

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initiated after the emergency suspension order has been
issued.
(7) Prohibit any stretcher van provider from
advertising, identifying its vehicles, or disseminating
information in a false or misleading manner concerning the
provider's type and level of vehicles, location, response
times, level of personnel, licensure status, or EMS System
participation.
(8) Charge each stretcher van provider a fee, to be
submitted with each application for licensure and license
renewal, which shall not exceed $25 per vehicle, up to $500
per provider.
(c) A stretcher van provider may provide transport of a
passenger on a stretcher, provided the passenger meets all of
the following requirements:
(1) He or she needs no medical equipment, except
self-administered medications.
(2) He or she needs no medical monitoring or medical
observation.
(3) He or she needs routine transportation to or from a
medical appointment or service if the passenger is
convalescent or otherwise bed-confined and does not
require medical monitoring, aid, care, or treatment during
transport.
(d) A stretcher van provider may not transport a passenger
who meets any of the following conditions:

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(1) He or she is currently admitted to a hospital or is
being transported to a hospital for admission or emergency
treatment.
(2) He or she is acutely ill, wounded, or medically
unstable as determined by a licensed physician.
(3) He or she is experiencing an emergency medical
condition, an acute medical condition, an exacerbation of a
chronic medical condition, or a sudden illness or injury.
(4) He or she was administered a medication that might
prevent the passenger from caring for himself or herself.
(5) He or she was moved from one environment where
24-hour medical monitoring or medical observation will
take place by certified or licensed nursing personnel to
another such environment. Such environments shall include,
but not be limited to, hospitals licensed under the
Hospital Licensing Act or operated under the University of
Illinois Hospital Act, and nursing facilities licensed
under the Nursing Home Care Act.
(e) The Stretcher Van Licensure Fund is created as a
special fund within the State treasury. All fees received by
the Department in connection with the licensure of stretcher
van providers under this Section shall be deposited into the
fund. Moneys in the fund shall be subject to appropriation to
the Department for use in implementing this Section.
(Source: P.A. 96-702, eff. 8-25-09.)

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(210 ILCS 50/3.130)
Sec. 3.130. Facility, system, and equipment violations
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 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

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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.)
(210 ILCS 50/3.160)
Sec. 3.160. Employer Responsibility.
(a) (Blank) No employer shall employ or permit any employee
to perform any services for which a license, certificate or
other authorization is required by this Act, or by rules
adopted pursuant to this Act, unless and until the person so
employed possesses all licenses, certificates or
authorizations that are so required.
(a-5) No employer shall permit any employee to perform any
services for which a license, certificate, or other
authorization is required under this Act, unless the employer
first makes a good faith attempt to verify that the employee
possesses all necessary and valid licenses, certificates, and
authorizations required under this Act.
(b) Any person or entity that employs or supervises a
person's activities as a First Responder or Emergency Medical
Dispatcher shall cooperate with the Department's efforts to
monitor and enforce compliance by those individuals with the
requirements of this Act.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.175)

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Sec. 3.175. Criminal Penalties. Any person who violates
Sections 3.155(d) or (f), 3.160, 3.165 or 3.170 of this Act or
any rule promulgated thereto, is guilty of a Class B C
misdemeanor.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.220)
Sec. 3.220. EMS Assistance Fund.
(a) There is hereby created an "EMS Assistance Fund" within
the State treasury, for the purpose of receiving fines and fees
collected by the Illinois Department of Health pursuant to this
Act.
(b) (Blank) EMT licensure examination fees collected shall
be distributed by the Department to the Resource Hospital of
the EMS System in which the EMT candidate was educated, to be
used for educational and related expenses incurred by the
System's hospitals, as identified in the EMS System Program
Plan.
(b-5) All licensing, testing, and certification fees
authorized by this Act, excluding ambulance licensure fees,
within this fund shall be used by the Department for
administration, oversight, and enforcement of activities
authorized under this Act.
(c) All other moneys within this fund shall be distributed
by the Department to the EMS Regions for disbursement in
accordance with protocols established in the EMS Region Plans,

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for the purposes of organization, development and improvement
of Emergency Medical Services Systems, including but not
limited to training of personnel and acquisition, modification
and maintenance of necessary supplies, equipment and vehicles.
(d) All fees and fines collected pursuant to this Act shall
be deposited into the EMS Assistance Fund, except that all fees
collected under Section 3.86 in connection with the licensure
of stretcher van providers shall be deposited into the
Stretcher Van Licensure Fund.
(Source: P.A. 96-702, eff. 8-25-09.)
Section 99. Effective date. This Act takes effect January