Bill Text: IL SB0693 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Provides that when a patient has been determined by EMS personnel to (1) have no immediate life-threatening injuries or illness, (2) not be under the influence of drugs or alcohol, (3) have no immediate or obvious need for transport to an emergency department, and (4) have an immediate need for transport to an EMS System-approved mental health facility, the EMS personnel may contact Online Medical Control or his or her EMS Medical Director or Emergency Communication Registered Nurse to request bypass or diversion of the closest emergency department and request transport to the closest or appropriate EMS System-approved mental health facility.
Spectrum: Moderate Partisan Bill (Democrat 22-4)
Status: (Passed) 2021-08-27 - Public Act . . . . . . . . . 102-0623 [SB0693 Detail]
Download: Illinois-2021-SB0693-Enrolled.html
Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Provides that when a patient has been determined by EMS personnel to (1) have no immediate life-threatening injuries or illness, (2) not be under the influence of drugs or alcohol, (3) have no immediate or obvious need for transport to an emergency department, and (4) have an immediate need for transport to an EMS System-approved mental health facility, the EMS personnel may contact Online Medical Control or his or her EMS Medical Director or Emergency Communication Registered Nurse to request bypass or diversion of the closest emergency department and request transport to the closest or appropriate EMS System-approved mental health facility.
Spectrum: Moderate Partisan Bill (Democrat 22-4)
Status: (Passed) 2021-08-27 - Public Act . . . . . . . . . 102-0623 [SB0693 Detail]
Download: Illinois-2021-SB0693-Enrolled.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 Sections 3.10, 3.50, 3.85, and | ||||||
6 | 3.155 as follows:
| ||||||
7 | (210 ILCS 50/3.10)
| ||||||
8 | Sec. 3.10. Scope of services.
| ||||||
9 | (a) "Advanced Life Support (ALS) Services" means
an | ||||||
10 | advanced level of pre-hospital and inter-hospital emergency
| ||||||
11 | care and non-emergency medical services that includes basic | ||||||
12 | life
support care, cardiac monitoring, cardiac defibrillation,
| ||||||
13 | electrocardiography, intravenous therapy, administration of
| ||||||
14 | medications, drugs and solutions, use of adjunctive medical
| ||||||
15 | devices, trauma care, and other authorized techniques and
| ||||||
16 | procedures, as outlined in the provisions of the National EMS | ||||||
17 | Education Standards relating to Advanced Life Support and any | ||||||
18 | modifications to that curriculum
specified in rules adopted by | ||||||
19 | the Department pursuant to
this Act.
| ||||||
20 | That care shall be initiated as authorized by the EMS
| ||||||
21 | Medical Director in a Department approved advanced life
| ||||||
22 | support EMS System, under the written or verbal direction of
a | ||||||
23 | physician licensed to practice medicine in all of its
branches |
| |||||||
| |||||||
1 | or under the verbal direction of an Emergency
Communications | ||||||
2 | Registered Nurse.
| ||||||
3 | (b) "Intermediate Life Support (ILS) Services"
means an | ||||||
4 | intermediate level of pre-hospital and inter-hospital
| ||||||
5 | emergency care and non-emergency medical services that | ||||||
6 | includes
basic life support care plus intravenous cannulation | ||||||
7 | and
fluid therapy, invasive airway management, trauma care, | ||||||
8 | and
other authorized techniques and procedures, as outlined in
| ||||||
9 | the Intermediate Life Support national curriculum of the
| ||||||
10 | United States Department of Transportation and any
| ||||||
11 | modifications to that curriculum specified in rules adopted
by | ||||||
12 | the Department pursuant to this Act.
| ||||||
13 | That care shall be initiated as authorized by the EMS
| ||||||
14 | Medical Director in a Department approved intermediate or
| ||||||
15 | advanced life support EMS System, under the written or
verbal | ||||||
16 | direction of a physician licensed to practice
medicine in all | ||||||
17 | of its branches or under the verbal
direction of an Emergency | ||||||
18 | Communications Registered Nurse.
| ||||||
19 | (c) "Basic Life Support (BLS) Services" means a
basic | ||||||
20 | level of pre-hospital and inter-hospital emergency care and
| ||||||
21 | non-emergency medical services that includes medical | ||||||
22 | monitoring, clinical observation, airway management,
| ||||||
23 | cardiopulmonary resuscitation (CPR), control of shock and
| ||||||
24 | bleeding and splinting of fractures, as outlined in the | ||||||
25 | provisions of the National EMS Education Standards relating to | ||||||
26 | Basic Life Support and any modifications to that
curriculum |
| |||||||
| |||||||
1 | specified in rules adopted by the Department
pursuant to this | ||||||
2 | Act.
| ||||||
3 | That care shall be initiated, where authorized by the
EMS | ||||||
4 | Medical Director in a Department approved EMS System,
under | ||||||
5 | the written or verbal direction of a physician
licensed to | ||||||
6 | practice medicine in all of its branches or
under the verbal | ||||||
7 | direction of an Emergency Communications
Registered Nurse.
| ||||||
8 | (d) "Emergency Medical Responder Services" means a | ||||||
9 | preliminary
level of pre-hospital emergency care that includes
| ||||||
10 | cardiopulmonary resuscitation (CPR), monitoring vital signs
| ||||||
11 | and control of bleeding, as outlined in the Emergency Medical | ||||||
12 | Responder (EMR) curriculum of the National EMS Education | ||||||
13 | Standards
and any modifications to that curriculum specified | ||||||
14 | in rules
adopted by the Department pursuant to this Act.
| ||||||
15 | (e) "Pre-hospital care" means those
medical services | ||||||
16 | rendered to patients for analytic,
resuscitative, stabilizing, | ||||||
17 | or preventive purposes,
precedent to and during transportation | ||||||
18 | of such patients to
health care facilities.
| ||||||
19 | (f) "Inter-hospital care" means those
medical services | ||||||
20 | rendered to patients for
analytic, resuscitative, stabilizing, | ||||||
21 | or preventive
purposes, during transportation of such patients | ||||||
22 | from one
hospital to another hospital.
| ||||||
23 | (f-5) "Critical care transport" means the pre-hospital or | ||||||
24 | inter-hospital transportation of a critically injured or ill | ||||||
25 | patient by a vehicle service provider, including the provision | ||||||
26 | of medically necessary supplies and services, at a level of |
| |||||||
| |||||||
1 | service beyond the scope of the Paramedic. When medically | ||||||
2 | indicated for a patient, as determined by a physician licensed | ||||||
3 | to practice medicine in all of its branches, an advanced | ||||||
4 | practice registered nurse, or a physician's assistant, in | ||||||
5 | compliance with subsections (b) and (c) of Section 3.155 of | ||||||
6 | this Act, critical care transport may be provided by: | ||||||
7 | (1) Department-approved critical care transport | ||||||
8 | providers, not owned or operated by a hospital, utilizing | ||||||
9 | Paramedics with additional training, nurses, or other | ||||||
10 | qualified health professionals; or | ||||||
11 | (2) Hospitals, when utilizing any vehicle service | ||||||
12 | provider or any hospital-owned or operated vehicle service | ||||||
13 | provider. Nothing in Public Act 96-1469 requires a | ||||||
14 | hospital to use, or to be, a Department-approved critical | ||||||
15 | care transport provider when transporting patients, | ||||||
16 | including those critically injured or ill. Nothing in this | ||||||
17 | Act shall restrict or prohibit a hospital from providing, | ||||||
18 | or arranging for, the medically appropriate transport of | ||||||
19 | any patient, as determined by a physician licensed to | ||||||
20 | practice in all of its branches, an advanced practice | ||||||
21 | registered nurse, or a physician's assistant. | ||||||
22 | (g) "Non-emergency medical services" means the provision | ||||||
23 | of, and all actions necessary before and after the provision | ||||||
24 | of, Basic Life Support (BLS) Services, Advanced Life Support | ||||||
25 | (ALS) Services, and critical care transport medical care, | ||||||
26 | clinical observation, or medical monitoring rendered to
|
| |||||||
| |||||||
1 | patients whose conditions do not meet this Act's definition of | ||||||
2 | emergency, before , after, or
during transportation of such | ||||||
3 | patients to or from health care facilities visited for the
| ||||||
4 | purpose of obtaining medical or health care services which are | ||||||
5 | not emergency in
nature, using a vehicle regulated by this Act | ||||||
6 | and personnel licensed under this Act .
| ||||||
7 | (g-5) The Department shall have the authority to | ||||||
8 | promulgate minimum standards for critical care transport | ||||||
9 | providers through rules adopted pursuant to this Act. All | ||||||
10 | critical care transport providers must function within a | ||||||
11 | Department-approved EMS System. Nothing in Department rules | ||||||
12 | shall restrict a hospital's ability to furnish personnel, | ||||||
13 | equipment, and medical supplies to any vehicle service | ||||||
14 | provider, including a critical care transport provider. | ||||||
15 | Minimum critical care transport provider standards shall | ||||||
16 | include, but are not limited to: | ||||||
17 | (1) Personnel staffing and licensure. | ||||||
18 | (2) Education, certification, and experience. | ||||||
19 | (3) Medical equipment and supplies. | ||||||
20 | (4) Vehicular standards. | ||||||
21 | (5) Treatment and transport protocols. | ||||||
22 | (6) Quality assurance and data collection. | ||||||
23 | (h)
The provisions of this Act shall not apply to
the use | ||||||
24 | of an ambulance or SEMSV, unless and until
emergency or | ||||||
25 | non-emergency medical services are needed
during the use of | ||||||
26 | the ambulance or SEMSV.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-661, eff. 1-1-17; 100-513, eff. 1-1-18 .)
| ||||||
2 | (210 ILCS 50/3.50)
| ||||||
3 | Sec. 3.50. Emergency Medical Services personnel licensure | ||||||
4 | levels.
| ||||||
5 | (a) "Emergency Medical Technician" or
"EMT" means a person | ||||||
6 | who has successfully completed a course in basic life support
| ||||||
7 | as approved by the
Department, is currently licensed by the | ||||||
8 | Department in
accordance with standards prescribed by this Act | ||||||
9 | and rules
adopted by the Department pursuant to this Act, and | ||||||
10 | practices within an EMS
System. A valid Emergency Medical | ||||||
11 | Technician-Basic (EMT-B) license issued under this Act shall | ||||||
12 | continue to be valid and shall be recognized as an Emergency | ||||||
13 | Medical Technician (EMT) license until the Emergency Medical | ||||||
14 | Technician-Basic (EMT-B) license expires.
| ||||||
15 | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||||||
16 | means a person who has successfully completed a
course in | ||||||
17 | intermediate life support
as approved
by the Department, is | ||||||
18 | currently licensed by the
Department in accordance with | ||||||
19 | standards prescribed by this
Act and rules adopted by the | ||||||
20 | Department pursuant to this
Act, and practices within an | ||||||
21 | Intermediate or Advanced
Life Support EMS System.
| ||||||
22 | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||||||
23 | means a person who has successfully completed a course in | ||||||
24 | basic and limited advanced emergency medical care as approved | ||||||
25 | by the Department, is currently licensed by the Department in |
| |||||||
| |||||||
1 | accordance with standards prescribed by this Act and rules | ||||||
2 | adopted by the Department pursuant to this Act, and practices | ||||||
3 | within an Intermediate or Advanced Life Support EMS System. | ||||||
4 | (c) "Paramedic (EMT-P)" means a person who
has | ||||||
5 | successfully completed a
course in advanced life support care
| ||||||
6 | as approved
by the Department, is licensed by the Department
| ||||||
7 | in accordance with standards prescribed by this Act and
rules | ||||||
8 | adopted by the Department pursuant to this Act, and
practices | ||||||
9 | within an Advanced Life Support EMS System. A valid Emergency | ||||||
10 | Medical Technician-Paramedic (EMT-P) license issued under this | ||||||
11 | Act shall continue to be valid and shall be recognized as a | ||||||
12 | Paramedic license until the Emergency Medical | ||||||
13 | Technician-Paramedic (EMT-P) license expires.
| ||||||
14 | (c-5) "Emergency Medical Responder" or "EMR (First | ||||||
15 | Responder)" means a person who has successfully completed a | ||||||
16 | course in emergency medical response as approved by the | ||||||
17 | Department and provides emergency medical response services | ||||||
18 | prior to the arrival of an ambulance or specialized emergency | ||||||
19 | medical services vehicle, in accordance with the level of care | ||||||
20 | established by the National EMS Educational Standards | ||||||
21 | Emergency Medical Responder course as modified by the | ||||||
22 | Department , or who . An Emergency Medical Responder who | ||||||
23 | provides services as part of an EMS System response plan shall | ||||||
24 | comply with the applicable sections of the Program Plan , as | ||||||
25 | approved by the Department, of that EMS System. The Department | ||||||
26 | shall have the authority to adopt rules governing the |
| |||||||
| |||||||
1 | curriculum, practice, and necessary equipment applicable to | ||||||
2 | Emergency Medical Responders. | ||||||
3 | On August 15, 2014 (the effective date of Public Act | ||||||
4 | 98-973), a person who is licensed by the Department as a First | ||||||
5 | Responder and has completed a Department-approved course in | ||||||
6 | first responder defibrillator training based on, or equivalent | ||||||
7 | to, the National EMS Educational Standards or other standards | ||||||
8 | previously recognized by the Department shall be eligible for | ||||||
9 | licensure as an Emergency Medical Responder upon meeting the | ||||||
10 | licensure requirements and submitting an application to the | ||||||
11 | Department. A valid First Responder license issued under this | ||||||
12 | Act shall continue to be valid and shall be recognized as an | ||||||
13 | Emergency Medical Responder license until the First Responder | ||||||
14 | license expires. | ||||||
15 | (c-10) All EMS Systems and licensees shall be fully | ||||||
16 | compliant with the National EMS Education Standards, as | ||||||
17 | modified by the Department in administrative rules, within 24 | ||||||
18 | months after the adoption of the administrative rules. | ||||||
19 | (d) The Department shall have the authority and
| ||||||
20 | responsibility to:
| ||||||
21 | (1) Prescribe education and training requirements, | ||||||
22 | which
includes training in the use of epinephrine,
for all | ||||||
23 | levels of EMS personnel except for EMRs, based on the | ||||||
24 | National EMS Educational Standards
and any modifications | ||||||
25 | to those curricula specified by the
Department through | ||||||
26 | rules adopted pursuant to this Act.
|
| |||||||
| |||||||
1 | (2) Prescribe licensure testing requirements
for all | ||||||
2 | levels of EMS personnel, which shall include a requirement | ||||||
3 | that
all phases of instruction, training, and field | ||||||
4 | experience be
completed before taking the appropriate | ||||||
5 | licensure examination.
Candidates may elect to take the | ||||||
6 | appropriate National Registry examination in lieu of the
| ||||||
7 | Department's examination, but are responsible for making
| ||||||
8 | their own arrangements for taking the National Registry
| ||||||
9 | examination. In prescribing licensure testing requirements | ||||||
10 | for honorably discharged members of the armed forces of | ||||||
11 | the United States under this paragraph (2), the Department | ||||||
12 | shall ensure that a candidate's military emergency medical | ||||||
13 | training, emergency medical curriculum completed, and | ||||||
14 | clinical experience, as described in paragraph (2.5), are | ||||||
15 | recognized.
| ||||||
16 | (2.5) Review applications for EMS personnel licensure | ||||||
17 | from
honorably discharged members of the armed forces of | ||||||
18 | the United States with military emergency medical | ||||||
19 | training. Applications shall be filed with the Department | ||||||
20 | within one year after military discharge and shall | ||||||
21 | contain: (i) proof of successful completion of military | ||||||
22 | emergency medical training; (ii) a detailed description of | ||||||
23 | the emergency medical curriculum completed; and (iii) a | ||||||
24 | detailed description of the applicant's clinical | ||||||
25 | experience. The Department may request additional and | ||||||
26 | clarifying information. The Department shall evaluate the |
| |||||||
| |||||||
1 | application, including the applicant's training and | ||||||
2 | experience, consistent with the standards set forth under | ||||||
3 | subsections (a), (b), (c), and (d) of Section 3.10. If the | ||||||
4 | application clearly demonstrates that the training and | ||||||
5 | experience meet such standards, the Department shall offer | ||||||
6 | the applicant the opportunity to successfully complete a | ||||||
7 | Department-approved EMS personnel examination for the | ||||||
8 | level of license for which the applicant is qualified. | ||||||
9 | Upon passage of an examination, the Department shall issue | ||||||
10 | a license, which shall be subject to all provisions of | ||||||
11 | this Act that are otherwise applicable to the level of EMS | ||||||
12 | personnel
license issued. | ||||||
13 | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| ||||||
14 | or Paramedic who have met the Department's education, | ||||||
15 | training and
examination requirements.
| ||||||
16 | (4) Prescribe annual continuing education and
| ||||||
17 | relicensure requirements for all EMS personnel licensure
| ||||||
18 | levels.
| ||||||
19 | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||||||
20 | A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, | ||||||
21 | based on their compliance with
continuing education and | ||||||
22 | relicensure requirements as required by the Department | ||||||
23 | pursuant to this Act. Every 4 years, a Paramedic shall | ||||||
24 | have 100 hours of approved continuing education, an EMT-I | ||||||
25 | and an advanced EMT shall have 80 hours of approved | ||||||
26 | continuing education, and an EMT shall have 60 hours of |
| |||||||
| |||||||
1 | approved continuing education. An Illinois licensed EMR, | ||||||
2 | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or | ||||||
3 | PHRN whose license has been expired for less than 36 | ||||||
4 | months may apply for reinstatement by the Department. | ||||||
5 | Reinstatement shall require that the applicant (i) submit | ||||||
6 | satisfactory proof of completion of continuing medical | ||||||
7 | education and clinical requirements to be prescribed by | ||||||
8 | the Department in an administrative rule; (ii) submit a | ||||||
9 | positive recommendation from an Illinois EMS Medical | ||||||
10 | Director attesting to the applicant's qualifications for | ||||||
11 | retesting; and (iii) pass a Department approved test for | ||||||
12 | the level of EMS personnel license sought to be | ||||||
13 | reinstated.
| ||||||
14 | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||||||
15 | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
| ||||||
16 | qualifies, based on standards and procedures established | ||||||
17 | by
the Department in rules adopted pursuant to this Act.
| ||||||
18 | (7) Charge a fee for EMS personnel examination, | ||||||
19 | licensure, and license renewal.
| ||||||
20 | (8) Suspend, revoke, or refuse to issue or renew the
| ||||||
21 | license of any licensee, after an opportunity for an | ||||||
22 | impartial hearing before a neutral administrative law | ||||||
23 | judge appointed by the Director, where the preponderance | ||||||
24 | of the evidence shows one or more of the following:
| ||||||
25 | (A) The licensee has not met continuing
education | ||||||
26 | or relicensure requirements as prescribed by the |
| |||||||
| |||||||
1 | Department;
| ||||||
2 | (B) The licensee has failed to maintain
| ||||||
3 | proficiency in the level of skills for which he or she | ||||||
4 | is licensed;
| ||||||
5 | (C) The licensee, during the provision of
medical | ||||||
6 | services, engaged in dishonorable, unethical, or
| ||||||
7 | unprofessional conduct of a character likely to | ||||||
8 | deceive,
defraud, or harm the public;
| ||||||
9 | (D) The licensee has failed to maintain or
has | ||||||
10 | violated standards of performance and conduct as | ||||||
11 | prescribed
by the Department in rules adopted pursuant | ||||||
12 | to this Act or
his or her EMS System's Program Plan;
| ||||||
13 | (E) The licensee is physically impaired to
the | ||||||
14 | extent that he or she cannot physically perform the | ||||||
15 | skills and
functions for which he or she is licensed, | ||||||
16 | as verified by a
physician, unless the person is on | ||||||
17 | inactive status pursuant
to Department regulations;
| ||||||
18 | (F) The licensee is mentally impaired to the
| ||||||
19 | extent that he or she cannot exercise the appropriate | ||||||
20 | judgment,
skill and safety for performing the | ||||||
21 | functions for which he
or she is licensed, as verified | ||||||
22 | by a physician, unless the person
is on inactive | ||||||
23 | status pursuant to Department regulations;
| ||||||
24 | (G) The licensee has violated this Act or any
rule | ||||||
25 | adopted by the Department pursuant to this Act; or | ||||||
26 | (H) The licensee has been convicted (or entered a |
| |||||||
| |||||||
1 | plea of guilty or nolo contendere nolo-contendere ) by | ||||||
2 | a court of competent jurisdiction of a Class X, Class | ||||||
3 | 1, or Class 2 felony in this State or an out-of-state | ||||||
4 | equivalent offense. | ||||||
5 | (9) Prescribe education and training requirements in | ||||||
6 | the administration and use of opioid antagonists for all | ||||||
7 | levels of EMS personnel based on the National EMS | ||||||
8 | Educational Standards and any modifications to those | ||||||
9 | curricula specified by the Department through rules | ||||||
10 | adopted pursuant to this Act. | ||||||
11 | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | ||||||
12 | PHAPRN, PHPA, or PHRN who is a member of the Illinois National | ||||||
13 | Guard or an Illinois State Trooper or who exclusively serves | ||||||
14 | as a volunteer for units of local government with a population | ||||||
15 | base of less than 5,000 or as a volunteer
for a not-for-profit | ||||||
16 | organization that serves a service area
with a population base | ||||||
17 | of less than 5,000 may submit an application to the Department | ||||||
18 | for a waiver of the fees described under paragraph (7) of | ||||||
19 | subsection (d) of this Section on a form prescribed by the | ||||||
20 | Department. | ||||||
21 | The education requirements prescribed by the Department | ||||||
22 | under this Section must allow for the suspension of those | ||||||
23 | requirements in the case of a member of the armed services or | ||||||
24 | reserve forces of the United States or a member of the Illinois | ||||||
25 | National Guard who is on active duty pursuant to an executive | ||||||
26 | order of the President of the United States, an act of the |
| |||||||
| |||||||
1 | Congress of the United States, or an order of the Governor at | ||||||
2 | the time that the member would otherwise be required to | ||||||
3 | fulfill a particular education requirement. Such a person must | ||||||
4 | fulfill the education requirement within 6 months after his or | ||||||
5 | her release from active duty.
| ||||||
6 | (e) In the event that any rule of the
Department or an EMS | ||||||
7 | Medical Director that requires testing for drug
use as a | ||||||
8 | condition of the applicable EMS personnel license conflicts | ||||||
9 | with or
duplicates a provision of a collective bargaining | ||||||
10 | agreement
that requires testing for drug use, that rule shall | ||||||
11 | not
apply to any person covered by the collective bargaining
| ||||||
12 | agreement.
| ||||||
13 | (f) At the time of applying for or renewing his or her | ||||||
14 | license, an applicant for a license or license renewal may | ||||||
15 | submit an email address to the Department. The Department | ||||||
16 | shall keep the email address on file as a form of contact for | ||||||
17 | the individual. The Department shall send license renewal | ||||||
18 | notices electronically and by mail to a licensee all licensees | ||||||
19 | who provides provide the Department with his or her email | ||||||
20 | address. The notices shall be sent at least 60 days prior to | ||||||
21 | the expiration date of the license. | ||||||
22 | (Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19; | ||||||
23 | 101-153, eff. 1-1-20; revised 12-3-19.)
| ||||||
24 | (210 ILCS 50/3.85)
| ||||||
25 | Sec. 3.85. Vehicle Service Providers.
|
| |||||||
| |||||||
1 | (a) "Vehicle Service Provider" means an entity
licensed by | ||||||
2 | the Department to provide emergency or
non-emergency medical | ||||||
3 | services in compliance with this Act,
the rules promulgated by | ||||||
4 | the Department pursuant to this
Act, and an operational plan | ||||||
5 | approved by its EMS System(s),
utilizing at least ambulances | ||||||
6 | or specialized emergency
medical service vehicles (SEMSV).
| ||||||
7 | (1) "Ambulance" means any publicly or
privately owned | ||||||
8 | on-road vehicle that is specifically designed,
constructed | ||||||
9 | or modified and equipped, and is intended to be
used for, | ||||||
10 | and is maintained or operated for the emergency
| ||||||
11 | transportation of persons who are sick, injured, wounded | ||||||
12 | or
otherwise incapacitated or helpless, or the | ||||||
13 | non-emergency
medical transportation of persons who | ||||||
14 | require the presence
of medical personnel to monitor the | ||||||
15 | individual's condition
or medical apparatus being used on | ||||||
16 | such individuals.
| ||||||
17 | (2) "Specialized Emergency Medical Services
Vehicle" | ||||||
18 | or "SEMSV" means a vehicle or conveyance, other
than those | ||||||
19 | owned or operated by the federal government, that
is | ||||||
20 | primarily intended for use in transporting the sick or
| ||||||
21 | injured by means of air, water, or ground transportation,
| ||||||
22 | that is not an ambulance as defined in this Act. The term
| ||||||
23 | includes watercraft, aircraft and special purpose ground
| ||||||
24 | transport vehicles or conveyances not intended for use on
| ||||||
25 | public roads.
| ||||||
26 | (3) An ambulance or SEMSV may also be
designated as a |
| |||||||
| |||||||
1 | Limited Operation Vehicle or Special-Use Vehicle:
| ||||||
2 | (A) "Limited Operation Vehicle" means a
vehicle | ||||||
3 | which is licensed by the Department to provide
basic, | ||||||
4 | intermediate or advanced life support emergency or
| ||||||
5 | non-emergency medical services that are exclusively | ||||||
6 | limited
to specific events or locales.
| ||||||
7 | (B) "Special-Use Vehicle" means any
publicly or | ||||||
8 | privately owned vehicle that is specifically designed,
| ||||||
9 | constructed or modified and equipped, and is intended | ||||||
10 | to be
used for, and is maintained or operated solely | ||||||
11 | for the
emergency or non-emergency transportation of a | ||||||
12 | specific
medical class or category of persons who are | ||||||
13 | sick, injured,
wounded or otherwise incapacitated or | ||||||
14 | helpless (e.g.
high-risk obstetrical patients, | ||||||
15 | neonatal patients).
| ||||||
16 | (C) "Reserve Ambulance" means a vehicle that meets | ||||||
17 | all criteria set forth in this Section and all | ||||||
18 | Department rules, except for the required inventory of | ||||||
19 | medical supplies and durable medical equipment, which | ||||||
20 | may be rapidly transferred from a fully functional | ||||||
21 | ambulance to a reserve ambulance without the use of | ||||||
22 | tools or special mechanical expertise. | ||||||
23 | (b) The Department shall have the authority and
| ||||||
24 | responsibility to:
| ||||||
25 | (1) Require all Vehicle Service Providers, both
| ||||||
26 | publicly and privately owned, to function within an EMS
|
| |||||||
| |||||||
1 | System.
| ||||||
2 | (2) Require a Vehicle Service Provider
utilizing | ||||||
3 | ambulances to have a primary affiliation with an EMS | ||||||
4 | System
within the EMS Region in which its Primary Service | ||||||
5 | Area is
located, which is the geographic areas in which | ||||||
6 | the provider
renders the majority of its emergency | ||||||
7 | responses. This
requirement shall not apply to Vehicle | ||||||
8 | Service Providers
which exclusively utilize Limited | ||||||
9 | Operation Vehicles.
| ||||||
10 | (3) Establish licensing standards and
requirements for | ||||||
11 | Vehicle Service Providers, through rules
adopted pursuant | ||||||
12 | to this Act, including but not limited to:
| ||||||
13 | (A) Vehicle design, specification,
operation and | ||||||
14 | maintenance standards, including standards for the use | ||||||
15 | of reserve ambulances;
| ||||||
16 | (B) Equipment requirements;
| ||||||
17 | (C) Staffing requirements; and
| ||||||
18 | (D) License renewal at intervals determined by the | ||||||
19 | Department, which shall be not less than every 4 | ||||||
20 | years. | ||||||
21 | The Department's standards and requirements with | ||||||
22 | respect to vehicle staffing for private, nonpublic local | ||||||
23 | government employers must allow for an alternative rural | ||||||
24 | staffing models that include an EMR who
drives an | ||||||
25 | ambulance with a licensed EMT, EMT-I, A-EMT,
Paramedic, or | ||||||
26 | PHRN, as appropriate, in the patient
compartment providing |
| |||||||
| |||||||
1 | care to the patient pursuant to the approval of the EMS | ||||||
2 | System Program Plan developed and approved by the EMS | ||||||
3 | Medical Director for an EMS System. The Department shall | ||||||
4 | monitor the implementation and performance of alternative | ||||||
5 | staffing models and may issue a notice of termination of | ||||||
6 | an alternative staffing model only upon evidence that an | ||||||
7 | EMS System Program Plan is not being adhered to. | ||||||
8 | An EMS System Program Plan for a Basic Life Support | ||||||
9 | transport
utilizing an EMR and an EMT shall include the
| ||||||
10 | following: | ||||||
11 | (A) Alternative staffing models for a Basic Life | ||||||
12 | Support transport utilizing an EMR and an EMT shall | ||||||
13 | only be utilized for interfacility Basic Life Support | ||||||
14 | transports and medical appointments, excluding any | ||||||
15 | transport to or from a dialysis center. | ||||||
16 | (B) Protocols that shall include dispatch | ||||||
17 | procedures to properly screen and assess patients for | ||||||
18 | EMR-staffed and EMT-staffed Basic Life Support | ||||||
19 | transport. | ||||||
20 | (C) A requirement that a provider shall implement | ||||||
21 | a quality assurance plan with mechanisms outlined to | ||||||
22 | audit dispatch screening and the outcome of transports | ||||||
23 | performed. | ||||||
24 | (D) The EMT shall have at least one year of | ||||||
25 | experience in performance of pre-hospital emergency | ||||||
26 | care. |
| |||||||
| |||||||
1 | (E) The licensed EMR must complete a defensive | ||||||
2 | driving course prior to participation in the | ||||||
3 | Department's alternative staffing model. | ||||||
4 | (F) The length of the EMS System Program Plan for a | ||||||
5 | Basic Life Support transport
utilizing an EMR and an | ||||||
6 | EMT shall be for one year, and must be renewed annually | ||||||
7 | if proof of the criteria being met is submitted, | ||||||
8 | validated, and approved by the EMS Medical Director | ||||||
9 | for the EMS System and the Department. | ||||||
10 | The Department must allow for an alternative rural | ||||||
11 | staffing model for those vehicle service providers that | ||||||
12 | serve a rural or semi-rural population of 10,000 or fewer | ||||||
13 | inhabitants and exclusively uses volunteers, paid-on-call, | ||||||
14 | or a combination thereof.
| ||||||
15 | (4) License all Vehicle Service Providers
that have | ||||||
16 | met the Department's requirements for licensure, unless
| ||||||
17 | such Provider is owned or licensed by the federal
| ||||||
18 | government. All Provider licenses issued by the Department
| ||||||
19 | shall specify the level and type of each vehicle covered | ||||||
20 | by
the license (BLS, ILS, ALS, ambulance, SEMSV, limited
| ||||||
21 | operation vehicle, special use vehicle, reserve | ||||||
22 | ambulance).
| ||||||
23 | (5) Annually inspect all licensed vehicles operated by | ||||||
24 | Vehicle
Service Providers.
| ||||||
25 | (6) Suspend, revoke, refuse to issue or refuse to
| ||||||
26 | renew the license of any Vehicle Service Provider, or that
|
| |||||||
| |||||||
1 | portion of a license pertaining to a specific vehicle
| ||||||
2 | operated by the Provider, after an opportunity for a
| ||||||
3 | hearing, when findings show that the Provider or one or | ||||||
4 | more
of its vehicles has failed to comply with the | ||||||
5 | standards and
requirements of this Act or rules adopted by | ||||||
6 | the Department
pursuant to this Act.
| ||||||
7 | (7) Issue an Emergency Suspension Order for
any | ||||||
8 | Provider or vehicle licensed under this Act, when the
| ||||||
9 | Director or his designee has determined that an immediate
| ||||||
10 | and serious danger to the public health, safety and | ||||||
11 | welfare
exists. Suspension or revocation proceedings which | ||||||
12 | offer an
opportunity for hearing shall be promptly | ||||||
13 | initiated after
the Emergency Suspension Order has been | ||||||
14 | issued.
| ||||||
15 | (8) Exempt any licensed vehicle from
subsequent | ||||||
16 | vehicle design standards or specifications required by the
| ||||||
17 | Department, as long as said vehicle is continuously in
| ||||||
18 | compliance with the vehicle design standards and
| ||||||
19 | specifications originally applicable to that vehicle, or
| ||||||
20 | until said vehicle's title of ownership is transferred.
| ||||||
21 | (9) Exempt any vehicle (except an SEMSV)
which was | ||||||
22 | being used as an ambulance on or before December 15,
1980, | ||||||
23 | from vehicle design standards and specifications
required | ||||||
24 | by the Department, until said vehicle's title of
ownership | ||||||
25 | is transferred. Such vehicles shall not be exempt
from all | ||||||
26 | other licensing standards and requirements
prescribed by |
| |||||||
| |||||||
1 | the Department.
| ||||||
2 | (10) Prohibit any Vehicle Service Provider
from | ||||||
3 | advertising, identifying its vehicles, or disseminating
| ||||||
4 | information in a false or misleading manner concerning the
| ||||||
5 | Provider's type and level of vehicles, location, primary
| ||||||
6 | service area, response times, level of personnel, | ||||||
7 | licensure
status or System participation.
| ||||||
8 | (10.5) Prohibit any Vehicle Service Provider, whether | ||||||
9 | municipal, private, or hospital-owned, from advertising | ||||||
10 | itself as a critical care transport provider unless it | ||||||
11 | participates in a Department-approved EMS System critical | ||||||
12 | care transport plan.
| ||||||
13 | (11) Charge each Vehicle Service Provider a
fee per | ||||||
14 | transport vehicle, due annually at time of inspection. The | ||||||
15 | fee per transport vehicle shall be set by administrative | ||||||
16 | rule by the Department and shall not exceed 100 vehicles | ||||||
17 | per provider.
| ||||||
18 | (Source: P.A. 97-333, eff. 8-12-11; 97-1014, eff. 1-1-13; | ||||||
19 | 98-452, eff. 1-1-14.)
| ||||||
20 | (210 ILCS 50/3.155)
| ||||||
21 | Sec. 3.155. General Provisions.
| ||||||
22 | (a) Authority and responsibility for the EMS System
shall | ||||||
23 | be vested in the EMS Resource Hospital, through the
EMS | ||||||
24 | Medical Director or his designee.
| ||||||
25 | (b) For an inter-hospital emergency or
non-emergency |
| |||||||
| |||||||
1 | medical transport, in which the physician from the sending
| ||||||
2 | hospital provides the EMS personnel with written medical
| ||||||
3 | orders, such written medical orders cannot exceed the scope
of | ||||||
4 | care which the EMS personnel are authorized to render
pursuant | ||||||
5 | to this Act.
| ||||||
6 | (c) For an inter-hospital emergency or
non-emergency | ||||||
7 | medical transport of a patient who requires medical care
| ||||||
8 | beyond the scope of care which the EMS personnel are
| ||||||
9 | authorized to render pursuant to this Act, a qualified
| ||||||
10 | physician, nurse, perfusionist, or respiratory therapist
| ||||||
11 | familiar with the scope of care needed must accompany the
| ||||||
12 | patient and the transferring hospital and physician shall
| ||||||
13 | assume medical responsibility for that portion of the
medical | ||||||
14 | care.
| ||||||
15 | (d) No emergency medical services vehicles or
personnel | ||||||
16 | from another State or nation may be utilized on a
regular basis | ||||||
17 | to pick up and transport patients within this
State without | ||||||
18 | first complying with this Act and all rules
adopted by the | ||||||
19 | Department pursuant to this Act.
| ||||||
20 | (e) This Act shall not prevent emergency medical
services | ||||||
21 | vehicles or personnel from another State or nation
from | ||||||
22 | rendering requested assistance in this State in a
disaster | ||||||
23 | situation, or operating from a location outside the
State and | ||||||
24 | occasionally transporting patients into this State
for needed | ||||||
25 | medical care. Except as provided in Section 31
of this Act, | ||||||
26 | this Act shall not provide immunity from
liability for such |
| |||||||
| |||||||
1 | activities.
| ||||||
2 | (f) Except as provided in subsection (e) of this
Section, | ||||||
3 | no person or entity shall transport emergency or
non-emergency | ||||||
4 | patients by ambulance, SEMSV, or medical
carrier without first | ||||||
5 | complying with the provisions of this
Act and all rules | ||||||
6 | adopted pursuant to this Act.
| ||||||
7 | (g) Nothing in this Act or the rules adopted by the | ||||||
8 | Department under this
Act shall be construed to authorize any | ||||||
9 | medical treatment to or transportation
of any person who | ||||||
10 | objects on religious grounds.
| ||||||
11 | (h) Patients, individuals who accompany a patient, and | ||||||
12 | emergency medical
services personnel may not smoke while | ||||||
13 | inside an ambulance or SEMSV. The
Department of Public Health | ||||||
14 | may impose a civil penalty on an individual who
violates
this
| ||||||
15 | subsection in the amount of $100.
| ||||||
16 | (i) When a patient has been determined by EMS personnel to | ||||||
17 | (1) have no immediate life-threatening injuries or illness, | ||||||
18 | (2) not be under the influence of drugs or alcohol, (3) have no | ||||||
19 | immediate or obvious need for transport to an emergency | ||||||
20 | department, and (4) have an immediate need for transport to an | ||||||
21 | EMS System-approved mental health facility, the EMS personnel | ||||||
22 | may contact Online Medical Control or his or her EMS Medical | ||||||
23 | Director or Emergency Communications Registered Nurse to | ||||||
24 | request bypass or diversion of the closest emergency | ||||||
25 | department, as outlined in paragraph (5) of subsection (c) of | ||||||
26 | Section 3.20, and request transport to the closest or |
| |||||||
| |||||||
1 | appropriate EMS System-approved mental health facility. In | ||||||
2 | addition, EMS personnel may transport a patient to an EMS | ||||||
3 | System-approved urgent care or immediate care facility that | ||||||
4 | meets the proper criteria and is approved by Online Medical | ||||||
5 | Control or his or her EMS Medical Director or Emergency | ||||||
6 | Communications Registered Nurse. | ||||||
7 | (Source: P.A. 92-376, eff. 8-15-01.)
|