Bill Text: IL SB3516 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Provides that an EMS System's protocols for the bypassing of or diversion to a hospital, trauma center, or regional trauma center must allow for the transport of a patient to another healthcare facility if that facility can provide appropriate medical treatment for that person.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3516 Detail]

Download: Illinois-2013-SB3516-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3516 Introduced 2/14/2014, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
210 ILCS 50/3.20
Amends the Emergency Medical Services (EMS) Systems Act. Provides that an EMS System's protocols for the bypassing of or diversion to a hospital, trauma center, or regional trauma center must allow for the transport of a patient to another healthcare facility if that facility can provide appropriate medical treatment for that person.
LRB098 19619 RPS 54815 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3516 LRB098 19619 RPS 54815 b
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 Section 3.20 as follows:
(210 ILCS 50/3.20)
Sec. 3.20. Emergency Medical Services (EMS) Systems.
(a) "Emergency Medical Services (EMS) System" means an
organization of hospitals, vehicle service providers and
personnel approved by the Department in a specific geographic
area, which coordinates and provides pre-hospital and
inter-hospital emergency care and non-emergency medical
transports at a BLS, ILS and/or ALS level pursuant to a System
program plan submitted to and approved by the Department, and
pursuant to the EMS Region Plan adopted for the EMS Region in
which the System is located.
(b) One hospital in each System program plan must be
designated as the Resource Hospital. All other hospitals which
are located within the geographic boundaries of a System and
which have standby, basic or comprehensive level emergency
departments must function in that EMS System as either an
Associate Hospital or Participating Hospital and follow all
System policies specified in the System Program Plan, including

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but not limited to the replacement of drugs and equipment used
by providers who have delivered patients to their emergency
departments. All hospitals and vehicle service providers
participating in an EMS System must specify their level of
participation in the System Program Plan.
(c) The Department shall have the authority and
responsibility to:
(1) Approve BLS, ILS and ALS level EMS Systems which
meet minimum standards and criteria established in rules
adopted by the Department pursuant to this Act, including
the submission of a Program Plan for Department approval.
Beginning September 1, 1997, the Department shall approve
the development of a new EMS System only when a local or
regional need for establishing such System has been
verified by the Department. This shall not be construed as
a needs assessment for health planning or other purposes
outside of this Act. Following Department approval, EMS
Systems must be fully operational within one year from the
date of approval.
(2) Monitor EMS Systems, based on minimum standards for
continuing operation as prescribed in rules adopted by the
Department pursuant to this Act, which shall include
requirements for submitting Program Plan amendments to the
Department for approval.
(3) Renew EMS System approvals every 4 years, after an
inspection, based on compliance with the standards for

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continuing operation prescribed in rules adopted by the
Department pursuant to this Act.
(4) Suspend, revoke, or refuse to renew approval of any
EMS System, after providing an opportunity for a hearing,
when findings show that it does not meet the minimum
standards for continuing operation as prescribed by the
Department, or is found to be in violation of its
previously approved Program Plan.
(5) Require each EMS System to adopt written protocols
for the bypassing of or diversion to any hospital, trauma
center, or regional trauma center, which provide that a
person shall not be transported to a facility other than
the nearest hospital, regional trauma center, or trauma
center unless (i) 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, (ii) or the transport is in accordance
with the System's protocols for patient choice or refusal,
or (iii) another healthcare facility can provide
appropriate medical treatment for that person.
(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

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Medical Director of a BLS level EMS System be a physician
licensed to practice medicine in all of its branches in
Illinois, with regular and frequent involvement in
pre-hospital emergency medical services. In addition, all
EMS Medical Directors shall:
(A) Have experience on an EMS vehicle at the
highest level available within the System, or make
provision to gain such experience within 12 months
prior to the date responsibility for the System is
assumed or within 90 days after assuming the position;
(B) Be thoroughly knowledgeable of all skills
included in the scope of practices of all levels of EMS
personnel within the System;
(C) Have or make provision to gain experience
instructing students at a level similar to that of the
levels of EMS personnel within the System; and
(D) For ILS and ALS EMS Medical Directors,
successfully complete a Department-approved EMS
Medical Director's Course.
(7) Prescribe statewide EMS data elements to be
collected and documented by providers in all EMS Systems
for all emergency and non-emergency medical services, with
a one-year phase-in for commencing collection of such data
elements.
(8) Define, through rules adopted pursuant to this Act,
the terms "Resource Hospital", "Associate Hospital",

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"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
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

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of medical care possible.
(11) Permit limited EMS System participation by
facilities operated by the United States Department of
Veterans Affairs, Veterans Health Administration. Subject
to patient preference, Illinois EMS providers may
transport patients to Veterans Health Administration
facilities that voluntarily participate in an EMS System.
Any Veterans Health Administration facility seeking
limited participation in an EMS System shall agree to
comply with all Department administrative rules
implementing this Section. The Department may promulgate
rules, including, but not limited to, the types of Veterans
Health Administration facilities that may participate in
an EMS System and the limitations of participation.
(Source: P.A. 96-1009, eff. 1-1-11; 96-1469, eff. 1-1-11;
97-333, eff. 8-12-11.)