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| Public Act 097-1014
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| HB5880 Enrolled | LRB097 17893 DRJ 63116 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Emergency Medical Services (EMS) Systems Act |
is amended by changing Sections 3.50, 3.60, and 3.85 as |
follows:
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(210 ILCS 50/3.50)
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Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
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(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.
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(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.
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(c) "Emergency Medical Technician-Paramedic" or "EMT-P" |
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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.
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(d) The Department shall have the authority and
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responsibility to:
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(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
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Department through rules adopted pursuant to this Act.
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(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.
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Candidates may elect to take the National Registry of
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Emergency Medical Technicians examination in lieu of the
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Department's examination, but are responsible for making
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their own arrangements for taking the National Registry
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examination.
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(2.5) Review applications for EMT licensure from
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honorably discharged members of the armed forces of the |
United States with military emergency medical training. |
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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 |
subject to all provisions of this Act that are otherwise |
applicable to the class of EMT
license issued.
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(3) License individuals as an EMT-B, EMT-I,
or EMT-P |
who have met the Department's education, training and
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examination requirements.
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(4) Prescribe annual continuing education and
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relicensure requirements for all levels of EMT.
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(5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P |
every 4 years, based on their compliance with
continuing |
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education and relicensure requirements. An Illinois |
licensed 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 EMT license |
sought to be reinstated.
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(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.
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(7) Charge a fee for EMT examination, licensure, and |
license renewal.
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(8) Suspend, revoke, or refuse to issue or renew the
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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:
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(A) The licensee has not met continuing
education |
or relicensure requirements as prescribed by the |
Department;
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(B) The licensee has failed to maintain
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proficiency in the level of skills for which he or she |
is licensed;
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(C) The licensee, during the provision of
medical |
services, engaged in dishonorable, unethical, or
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unprofessional conduct of a character likely to |
deceive,
defraud, or harm the public;
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(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;
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(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;
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(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;
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(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 |
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2 felony in this State or an out-of-state equivalent |
offense. |
(9) 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
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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.
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(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 |
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covered by the collective bargaining
agreement.
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(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10; |
96-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff. |
8-23-11; revised 11-18-11.)
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(210 ILCS 50/3.60)
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Sec. 3.60. First Responder.
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(a) "First Responder" means a person who is at least 18 |
years of age, who has
successfully completed a course of |
instruction in emergency
medical responder first response as |
prescribed by the Department, and 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 medical responder |
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.
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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.
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(a-5) "Provisional First Responder" means a person who is |
at least 16 years of age, who has successfully completed a |
course of instruction in emergency medical responder as |
prescribed by the Department, and 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 medical responder |
course. A Provisional First Responder must provide such |
services as part of an EMS System Response plan that utilizes |
Provisional First Responders with other EMS personnel |
dispatched to the scene of an emergency to provide initial |
emergency medical care and shall comply with the applicable |
sections of the program plan of that EMS System. A Provisional |
First Responder may apply to the Department for a First |
Responder license at the age of 18 upon the EMS Medical |
Director's written approval. |
(b) The Department shall have the authority and
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responsibility to:
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(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
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Responder shall not be required to maintain his or her own |
set of
such equipment, provided he or she has access to |
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such equipment
during a first response call.
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(3) Require the First Responder to notify the
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Department of any EMS System in which he or she |
participates as
dispatched personnel as described in |
subsection (a).
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(4) Require the First Responder to comply with
the |
applicable sections of the Program Plans for those
Systems.
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(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.
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(6) Establish a mechanism for phasing in the
First |
Responder requirements over a 5-year period.
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(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. 96-1469, eff. 1-1-11.)
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(210 ILCS 50/3.85)
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Sec. 3.85. Vehicle Service Providers.
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(a) "Vehicle Service Provider" means an entity
licensed by |
the Department to provide emergency or
non-emergency medical |
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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).
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(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
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otherwise incapacitated or helpless, or the non-emergency
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medical transportation of persons who require the presence
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of medical personnel to monitor the individual's condition
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or medical apparatus being used on such individuals.
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(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
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injured by means of air, water, or ground transportation,
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that is not an ambulance as defined in this Act. The term
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includes watercraft, aircraft and special purpose ground
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transport vehicles or conveyances not intended for use on
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public roads.
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(3) An ambulance or SEMSV may also be
designated as a |
Limited Operation Vehicle or Special-Use Vehicle:
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(A) "Limited Operation Vehicle" means a
vehicle |
which is licensed by the Department to provide
basic, |
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intermediate or advanced life support emergency or
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non-emergency medical services that are exclusively |
limited
to specific events or locales.
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(B) "Special-Use Vehicle" means any
publicly or |
privately owned vehicle that is specifically designed,
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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 |
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).
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(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
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responsibility to:
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(1) Require all Vehicle Service Providers, both
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publicly and privately owned, to function within an EMS
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System. ;
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(2) Require a Vehicle Service Provider
utilizing |
ambulances to have a primary affiliation with an EMS System
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within the EMS Region in which its Primary Service Area is
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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. ;
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(3) Establish licensing standards and
requirements for |
Vehicle Service Providers, through rules
adopted pursuant |
to this Act, including but not limited to:
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(A) Vehicle design, specification,
operation and |
maintenance standards, including standards for the use |
of reserve ambulances;
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(B) Equipment requirements;
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(C) Staffing requirements; and
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(D) Annual license renewal. |
The Department's standards and requirements with |
respect to vehicle staffing must allow for an alternative |
rural staffing model for those vehicle service providers |
that serve a rural or semi-rural population of 10,000 or |
fewer inhabitants and exclusively uses volunteers, |
paid-on-call, or a combination thereof. ;
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(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 |
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license (BLS, ILS, ALS, ambulance, SEMSV, limited
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operation vehicle, special use vehicle, reserve |
ambulance). ;
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(5) Annually inspect all licensed Vehicle
Service |
Providers, and relicense such Providers that have met the
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Department's requirements for license renewal. ;
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(6) Suspend, revoke, refuse to issue or refuse to
renew |
the license of any Vehicle Service Provider, or that
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portion of a license pertaining to a specific vehicle
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operated by the Provider, after an opportunity for a
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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
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Director or his designee has determined that an immediate
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and serious danger to the public health, safety and welfare
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exists. Suspension or revocation proceedings which offer |
an
opportunity for hearing shall be promptly initiated |
after
the Emergency Suspension Order has been issued. ;
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(8) Exempt any licensed vehicle from
subsequent |
vehicle design standards or specifications required by the
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Department, as long as said vehicle is continuously in
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compliance with the vehicle design standards and
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specifications originally applicable to that vehicle, or
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until said vehicle's title of ownership is transferred. ;
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(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. ;
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(10) Prohibit any Vehicle Service Provider
from |
advertising, identifying its vehicles, or disseminating
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information in a false or misleading manner concerning the
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Provider's type and level of vehicles, location, primary
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service area, response times, level of personnel, |
licensure
status or System participation. ;
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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
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(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.
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(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11.)
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