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Public Act 101-0153
Public Act 0153 101ST GENERAL ASSEMBLY
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Public Act 101-0153
| | HB3554 Enrolled | LRB101 09798 CPF 54899 b |
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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 Section 3.50 as follows:
| (210 ILCS 50/3.50)
| (Text of Section before amendment by P.A. 100-1082)
| Sec. 3.50. Emergency Medical Services personnel licensure | levels.
| (a) "Emergency Medical Technician" or
"EMT" means a person | who has successfully completed a course in basic life support
| as approved 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
System. A valid Emergency Medical | Technician-Basic (EMT-B) license issued under this Act shall | continue to be valid and shall be recognized as an Emergency | Medical Technician (EMT) license until the Emergency Medical | Technician-Basic (EMT-B) license expires.
| (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | means a person who has successfully completed a
course in | intermediate life support
as approved
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.
| (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | means a person who has successfully completed a course in basic | and limited advanced emergency medical care as approved 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) "Paramedic (EMT-P)" means a person who
has successfully | completed a
course in advanced life support care
as approved
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. A valid Emergency Medical | Technician-Paramedic (EMT-P) license issued under this Act | shall continue to be valid and shall be recognized as a | Paramedic license until the Emergency Medical | Technician-Paramedic (EMT-P) license expires.
| (c-5) "Emergency Medical Responder" or "EMR (First | Responder)" means a person who has successfully completed a | course in emergency medical response as approved by the | Department and provides emergency medical response services | prior to the arrival of an ambulance or specialized emergency | medical services vehicle, in accordance with the level of care |
| established by the National EMS Educational Standards | Emergency Medical Responder course as modified by the | Department. An Emergency Medical Responder who provides | services as part of an EMS System response plan shall comply | with the applicable sections of the Program Plan, as approved | by the Department, of that EMS System. The Department shall | have the authority to adopt rules governing the curriculum, | practice, and necessary equipment applicable to Emergency | Medical Responders. | On August 15, 2014 (the effective date of Public Act | 98-973) this amendatory Act of the 98th General Assembly, a | person who is licensed by the Department as a First Responder | and has completed a Department-approved course in first | responder defibrillator training based on, or equivalent to, | the National EMS Educational Standards or other standards | previously recognized by the Department shall be eligible for | licensure as an Emergency Medical Responder upon meeting the | licensure requirements and submitting an application to the | Department. A valid First Responder license issued under this | Act shall continue to be valid and shall be recognized as an | Emergency Medical Responder license until the First Responder | license expires. | (c-10) All EMS Systems and licensees shall be fully | compliant with the National EMS Education Standards, as | modified by the Department in administrative rules, within 24 | months after the adoption of the administrative rules. |
| (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 EMS personnel except for EMRs, based on the | National EMS Educational Standards
and any modifications | to those curricula specified by the
Department through | rules adopted pursuant to this Act.
| (2) Prescribe licensure testing requirements
for all | levels of EMS personnel, which shall include a requirement | that
all phases of instruction, training, and field | experience be
completed before taking the appropriate | licensure examination.
Candidates may elect to take the | appropriate National Registry examination in lieu of the
| Department's examination, but are responsible for making
| their own arrangements for taking the National Registry
| examination. In prescribing licensure testing requirements | for honorably discharged members of the armed forces of the | United States under this paragraph (2), the Department | shall ensure that a candidate's military emergency medical | training, emergency medical curriculum completed, and | clinical experience, as described in paragraph (2.5), are | recognized.
| (2.5) Review applications for EMS personnel 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 EMS personnel examination | for the level of license 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 | level of EMS personnel
license issued. | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| or Paramedic who have met the Department's education, | training and
examination requirements.
| (4) Prescribe annual continuing education and
| relicensure requirements for all EMS personnel licensure
| levels.
|
| (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | A-EMT,
or Paramedic every 4 years, based on their | compliance with
continuing education and relicensure | requirements as required by the Department pursuant to this | Act. Every 4 years, a Paramedic shall have 100 hours of | approved continuing education, an EMT-I and an advanced EMT | shall have 80 hours of approved continuing education, and | an EMT shall have 60 hours of approved continuing | education. An Illinois licensed EMR, EMD, EMT, EMT-I, | A-EMT, Paramedic, ECRN, or PHRN 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 EMS personnel license sought | to be reinstated.
| (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | A-EMT, Paramedic, ECRN, or PHRN who
qualifies, based on | standards and procedures established by
the Department in | rules adopted pursuant to this Act.
| (7) Charge a fee for EMS personnel examination, | licensure, and license renewal.
|
| (8) Suspend, revoke, or refuse to issue or renew the
| 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:
| (A) The licensee has not met continuing
education | or relicensure requirements as prescribed by the | Department;
| (B) The licensee has failed to maintain
| proficiency in the level of skills for which he or she | is licensed;
| (C) The licensee, 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 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 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 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;
| (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 | 2 felony in this State or an out-of-state equivalent | offense. | (9) Prescribe education and training requirements in | the administration and use of opioid antagonists for all | levels of EMS personnel based on the National EMS | Educational Standards and any modifications to those | curricula specified by the Department through rules | adopted pursuant to this Act. | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or | PHRN 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
with a population base of less than | 5,000 may submit an application to the Department for a waiver | of the fees described under paragraph (7) of subsection (d) of | this Section on a form prescribed by the Department. |
| The education requirements prescribed by the Department | under this Section 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 of the applicable EMS personnel license 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.
| (f) At the time of applying for or renewing his or her | license, an applicant for a license or license renewal may | submit an email address to the Department. The Department shall | keep the email address on file as a form of contact for the | individual. The Department shall send license renewal notices | electronically and by mail to all licensees who provide the | Department with his or her email address. The notices shall be | sent at least 60 days prior to the expiration date of the |
| license. | (Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, | eff. 8-15-14; 99-480, eff. 9-9-15; revised 10-4-18.)
| (Text of Section after amendment by P.A. 100-1082)
| Sec. 3.50. Emergency Medical Services personnel licensure | levels.
| (a) "Emergency Medical Technician" or
"EMT" means a person | who has successfully completed a course in basic life support
| as approved 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
System. A valid Emergency Medical | Technician-Basic (EMT-B) license issued under this Act shall | continue to be valid and shall be recognized as an Emergency | Medical Technician (EMT) license until the Emergency Medical | Technician-Basic (EMT-B) license expires.
| (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | means a person who has successfully completed a
course in | intermediate life support
as approved
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.
| (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | means a person who has successfully completed a course in basic |
| and limited advanced emergency medical care as approved 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) "Paramedic (EMT-P)" means a person who
has successfully | completed a
course in advanced life support care
as approved
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. A valid Emergency Medical | Technician-Paramedic (EMT-P) license issued under this Act | shall continue to be valid and shall be recognized as a | Paramedic license until the Emergency Medical | Technician-Paramedic (EMT-P) license expires.
| (c-5) "Emergency Medical Responder" or "EMR (First | Responder)" means a person who has successfully completed a | course in emergency medical response as approved by the | Department and provides emergency medical response services | prior to the arrival of an ambulance or specialized emergency | medical services vehicle, in accordance with the level of care | established by the National EMS Educational Standards | Emergency Medical Responder course as modified by the | Department. An Emergency Medical Responder who provides | services as part of an EMS System response plan shall comply | with the applicable sections of the Program Plan, as approved |
| by the Department, of that EMS System. The Department shall | have the authority to adopt rules governing the curriculum, | practice, and necessary equipment applicable to Emergency | Medical Responders. | On August 15, 2014 (the effective date of Public Act | 98-973) this amendatory Act of the 98th General Assembly, a | person who is licensed by the Department as a First Responder | and has completed a Department-approved course in first | responder defibrillator training based on, or equivalent to, | the National EMS Educational Standards or other standards | previously recognized by the Department shall be eligible for | licensure as an Emergency Medical Responder upon meeting the | licensure requirements and submitting an application to the | Department. A valid First Responder license issued under this | Act shall continue to be valid and shall be recognized as an | Emergency Medical Responder license until the First Responder | license expires. | (c-10) All EMS Systems and licensees shall be fully | compliant with the National EMS Education Standards, as | modified by the Department in administrative rules, within 24 | months after the adoption of the administrative rules. | (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 EMS personnel except for EMRs, based on the |
| National EMS Educational Standards
and any modifications | to those curricula specified by the
Department through | rules adopted pursuant to this Act.
| (2) Prescribe licensure testing requirements
for all | levels of EMS personnel, which shall include a requirement | that
all phases of instruction, training, and field | experience be
completed before taking the appropriate | licensure examination.
Candidates may elect to take the | appropriate National Registry examination in lieu of the
| Department's examination, but are responsible for making
| their own arrangements for taking the National Registry
| examination. In prescribing licensure testing requirements | for honorably discharged members of the armed forces of the | United States under this paragraph (2), the Department | shall ensure that a candidate's military emergency medical | training, emergency medical curriculum completed, and | clinical experience, as described in paragraph (2.5), are | recognized.
| (2.5) Review applications for EMS personnel 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 meet meets such standards, the Department shall | offer the applicant the opportunity to successfully | complete a Department-approved EMS personnel examination | for the level of license 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 | level of EMS personnel
license issued. | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| or Paramedic who have met the Department's education, | training and
examination requirements.
| (4) Prescribe annual continuing education and
| relicensure requirements for all EMS personnel licensure
| levels.
| (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, | based on their compliance with
continuing education and | relicensure requirements as required by the Department | pursuant to this Act. Every 4 years, a Paramedic shall have |
| 100 hours of approved continuing education, an EMT-I and an | advanced EMT shall have 80 hours of approved continuing | education, and an EMT shall have 60 hours of approved | continuing education. An Illinois licensed EMR, EMD, EMT, | EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN 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 EMS personnel | license sought to be reinstated.
| (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
| qualifies, based on standards and procedures established | by
the Department in rules adopted pursuant to this Act.
| (7) Charge a fee for EMS personnel examination, | licensure, and license renewal.
| (8) Suspend, revoke, or refuse to issue or renew the
| 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:
|
| (A) The licensee has not met continuing
education | or relicensure requirements as prescribed by the | Department;
| (B) The licensee has failed to maintain
| proficiency in the level of skills for which he or she | is licensed;
| (C) The licensee, 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 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 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 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;
| (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 | 2 felony in this State or an out-of-state equivalent | offense. | (9) Prescribe education and training requirements in | the administration and use of opioid antagonists for all | levels of EMS personnel based on the National EMS | Educational Standards and any modifications to those | curricula specified by the Department through rules | adopted pursuant to this Act. | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | PHAPRN, PHPA, or PHRN 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
with a population base | of less than 5,000 may submit an application to the Department | for a waiver of the fees described under paragraph (7) of | subsection (d) of this Section on a form prescribed by the | Department. | The education requirements prescribed by the Department | under this Section 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 of the applicable EMS personnel license 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.
| (f) At the time of applying for or renewing his or her | license, an applicant for a license or license renewal may | submit an email address to the Department. The Department shall | keep the email address on file as a form of contact for the | individual. The Department shall send license renewal notices | electronically and by mail to all licensees who provide the | Department with his or her email address. The notices shall be | sent at least 60 days prior to the expiration date of the | license. | (Source: P.A. 99-480, eff. 9-9-15; 100-1082, eff. 8-24-19; | revised 10-4-18.)
|
| Section 95. No acceleration or delay. Where this Act makes | changes in a statute that is represented in this Act by text | that is not yet or no longer in effect (for example, a Section | represented by multiple versions), the use of that text does | not accelerate or delay the taking effect of (i) the changes | made by this Act or (ii) provisions derived from any other | Public Act.
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Effective Date: 1/1/2020
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