103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5793

 

Introduced 3/27/2024, by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/3.50

    Amends the Emergency Medical Services (EMS) Systems Act. Provides that as soon as practicable after the effective date of the amendatory Act, the Department of Public Health shall adopt rules or amendments to its existing emergency medical responder licensing rules to authorize the electronic submission of licensure application documents to the Department for an EMR candidate who (i) is at least 18 years of age; (ii) has completed and passed all components of the education program required under the Act; (iii) has passed the National Registry Emergency Medical Technician EMR examination; and (iv) paid the appropriate initial licensure fee, unless the fee has not been waived under a specified administrative rule.


LRB103 39974 CES 71171 b

 

 

A BILL FOR

 

HB5793LRB103 39974 CES 71171 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems
5Act is amended by changing Section 3.50 as follows:
 
6    (210 ILCS 50/3.50)
7    Sec. 3.50. Emergency Medical Services personnel licensure
8levels.
9    (a) "Emergency Medical Technician" or "EMT" means a person
10who has successfully completed a course in basic life support
11as approved by the Department, is currently licensed by the
12Department in accordance with standards prescribed by this Act
13and rules adopted by the Department pursuant to this Act, and
14practices within an EMS System. A valid Emergency Medical
15Technician-Basic (EMT-B) license issued under this Act shall
16continue to be valid and shall be recognized as an Emergency
17Medical Technician (EMT) license until the Emergency Medical
18Technician-Basic (EMT-B) license expires.
19    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
20means a person who has successfully completed a course in
21intermediate life support as approved by the Department, is
22currently licensed by the Department in accordance with
23standards prescribed by this Act and rules adopted by the

 

 

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1Department pursuant to this Act, and practices within an
2Intermediate or Advanced Life Support EMS System.
3    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
4means a person who has successfully completed a course in
5basic and limited advanced emergency medical care as approved
6by the Department, is currently licensed by the Department in
7accordance with standards prescribed by this Act and rules
8adopted by the Department pursuant to this Act, and practices
9within an Intermediate or Advanced Life Support EMS System.
10    (c) "Paramedic (EMT-P)" means a person who has
11successfully completed a course in advanced life support care
12as approved by the Department, is licensed by the Department
13in accordance with standards prescribed by this Act and rules
14adopted by the Department pursuant to this Act, and practices
15within an Advanced Life Support EMS System. A valid Emergency
16Medical Technician-Paramedic (EMT-P) license issued under this
17Act shall continue to be valid and shall be recognized as a
18Paramedic license until the Emergency Medical
19Technician-Paramedic (EMT-P) license expires.
20    (c-5) "Emergency Medical Responder" or "EMR (First
21Responder)" means a person who has successfully completed a
22course in emergency medical response as approved by the
23Department and provides emergency medical response services in
24accordance with the level of care established by the National
25EMS Educational Standards Emergency Medical Responder course
26as modified by the Department, or who provides services as

 

 

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1part of an EMS System response plan, as approved by the
2Department, of that EMS System. The Department shall have the
3authority to adopt rules governing the curriculum, practice,
4and necessary equipment applicable to Emergency Medical
5Responders.
6    On August 15, 2014 (the effective date of Public Act
798-973), a person who is licensed by the Department as a First
8Responder and has completed a Department-approved course in
9first responder defibrillator training based on, or equivalent
10to, the National EMS Educational Standards or other standards
11previously recognized by the Department shall be eligible for
12licensure as an Emergency Medical Responder upon meeting the
13licensure requirements and submitting an application to the
14Department. A valid First Responder license issued under this
15Act shall continue to be valid and shall be recognized as an
16Emergency Medical Responder license until the First Responder
17license expires.
18    (c-10) All EMS Systems and licensees shall be fully
19compliant with the National EMS Education Standards, as
20modified by the Department in administrative rules, within 24
21months after the adoption of the administrative rules.
22    (d) The Department shall have the authority and
23responsibility to:
24        (1) Prescribe education and training requirements,
25    which includes training in the use of epinephrine, for all
26    levels of EMS personnel except for EMRs, based on the

 

 

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1    National EMS Educational Standards and any modifications
2    to those curricula specified by the Department through
3    rules adopted pursuant to this Act.
4        (2) Prescribe licensure testing requirements for all
5    levels of EMS personnel, which shall include a requirement
6    that all phases of instruction, training, and field
7    experience be completed before taking the appropriate
8    licensure examination. Candidates may elect to take the
9    appropriate National Registry examination in lieu of the
10    Department's examination, but are responsible for making
11    their own arrangements for taking the National Registry
12    examination. In prescribing licensure testing requirements
13    for honorably discharged members of the armed forces of
14    the United States under this paragraph (2), the Department
15    shall ensure that a candidate's military emergency medical
16    training, emergency medical curriculum completed, and
17    clinical experience, as described in paragraph (2.5), are
18    recognized.
19        (2.5) Review applications for EMS personnel licensure
20    from honorably discharged members of the armed forces of
21    the United States with military emergency medical
22    training. Applications shall be filed with the Department
23    within one year after military discharge and shall
24    contain: (i) proof of successful completion of military
25    emergency medical training; (ii) a detailed description of
26    the emergency medical curriculum completed; and (iii) a

 

 

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1    detailed description of the applicant's clinical
2    experience. The Department may request additional and
3    clarifying information. The Department shall evaluate the
4    application, including the applicant's training and
5    experience, consistent with the standards set forth under
6    subsections (a), (b), (c), and (d) of Section 3.10. If the
7    application clearly demonstrates that the training and
8    experience meet such standards, the Department shall offer
9    the applicant the opportunity to successfully complete a
10    Department-approved EMS personnel examination for the
11    level of license for which the applicant is qualified.
12    Upon passage of an examination, the Department shall issue
13    a license, which shall be subject to all provisions of
14    this Act that are otherwise applicable to the level of EMS
15    personnel license issued.
16        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
17    or Paramedic who have met the Department's education,
18    training and examination requirements.
19        As soon as practicable after the effective date of
20    this amendatory Act of the 103rd General Assembly, the
21    Department shall adopt rules or amendments to its existing
22    emergency medical responder licensing rules to authorize
23    the electronic submission of licensure application
24    documents to the Department for an EMR candidate who:
25            (i) is at least 18 years of age;
26            (ii) has completed and passed all components of

 

 

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1        the EMR education program required under this Act and
2        the Department's rules;
3            (iii) has passed the National Registry Emergency
4        Medical Technician EMR examination; and
5            (iv) has paid the appropriate initial licensure
6        fee, unless the fee has not been waived under 77 Ill.
7        Adm. Code 515.260(b).
8        (4) Prescribe annual continuing education and
9    relicensure requirements for all EMS personnel licensure
10    levels.
11        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
12    A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
13    based on their compliance with continuing education and
14    relicensure requirements as required by the Department
15    pursuant to this Act. Every 4 years, a Paramedic shall
16    have 100 hours of approved continuing education, an EMT-I
17    and an advanced EMT shall have 80 hours of approved
18    continuing education, and an EMT shall have 60 hours of
19    approved continuing education. An Illinois licensed EMR,
20    EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or
21    PHRN whose license has been expired for less than 36
22    months may apply for reinstatement by the Department.
23    Reinstatement shall require that the applicant (i) submit
24    satisfactory proof of completion of continuing medical
25    education and clinical requirements to be prescribed by
26    the Department in an administrative rule; (ii) submit a

 

 

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1    positive recommendation from an Illinois EMS Medical
2    Director attesting to the applicant's qualifications for
3    retesting; and (iii) pass a Department approved test for
4    the level of EMS personnel license sought to be
5    reinstated.
6        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
7    A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
8    qualifies, based on standards and procedures established
9    by the Department in rules adopted pursuant to this Act.
10        (7) Charge a fee for EMS personnel examination,
11    licensure, and license renewal.
12        (8) Suspend, revoke, or refuse to issue or renew the
13    license of any licensee, after an opportunity for an
14    impartial hearing before a neutral administrative law
15    judge appointed by the Director, where the preponderance
16    of the evidence shows one or more of the following:
17            (A) The licensee has not met continuing education
18        or relicensure requirements as prescribed by the
19        Department;
20            (B) The licensee has failed to maintain
21        proficiency in the level of skills for which he or she
22        is licensed;
23            (C) The licensee, during the provision of medical
24        services, engaged in dishonorable, unethical, or
25        unprofessional conduct of a character likely to
26        deceive, defraud, or harm the public;

 

 

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1            (D) The licensee has failed to maintain or has
2        violated standards of performance and conduct as
3        prescribed by the Department in rules adopted pursuant
4        to this Act or his or her EMS System's Program Plan;
5            (E) The licensee is physically impaired to the
6        extent that he or she cannot physically perform the
7        skills and functions for which he or she is licensed,
8        as verified by a physician, unless the person is on
9        inactive status pursuant to Department regulations;
10            (F) The licensee is mentally impaired to the
11        extent that he or she cannot exercise the appropriate
12        judgment, skill and safety for performing the
13        functions for which he or she is licensed, as verified
14        by a physician, unless the person is on inactive
15        status pursuant to Department regulations;
16            (G) The licensee has violated this Act or any rule
17        adopted by the Department pursuant to this Act; or
18            (H) The licensee has been convicted (or entered a
19        plea of guilty or nolo contendere) by a court of
20        competent jurisdiction of a Class X, Class 1, or Class
21        2 felony in this State or an out-of-state equivalent
22        offense.
23        (9) Prescribe education and training requirements in
24    the administration and use of opioid antagonists for all
25    levels of EMS personnel based on the National EMS
26    Educational Standards and any modifications to those

 

 

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1    curricula specified by the Department through rules
2    adopted pursuant to this Act.
3    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
4PHAPRN, PHPA, or PHRN who is a member of the Illinois National
5Guard or an Illinois State Trooper or who exclusively serves
6as a volunteer for units of local government with a population
7base of less than 5,000 or as a volunteer for a not-for-profit
8organization that serves a service area with a population base
9of less than 5,000 may submit an application to the Department
10for a waiver of the fees described under paragraph (7) of
11subsection (d) of this Section on a form prescribed by the
12Department.
13    The education requirements prescribed by the Department
14under this Section must allow for the suspension of those
15requirements in the case of a member of the armed services or
16reserve forces of the United States or a member of the Illinois
17National Guard who is on active duty pursuant to an executive
18order of the President of the United States, an act of the
19Congress of the United States, or an order of the Governor at
20the time that the member would otherwise be required to
21fulfill a particular education requirement. Such a person must
22fulfill the education requirement within 6 months after his or
23her release from active duty.
24    (e) In the event that any rule of the Department or an EMS
25Medical Director that requires testing for drug use as a
26condition of the applicable EMS personnel license conflicts

 

 

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1with or duplicates a provision of a collective bargaining
2agreement that requires testing for drug use, that rule shall
3not apply to any person covered by the collective bargaining
4agreement.
5    (f) At the time of applying for or renewing his or her
6license, an applicant for a license or license renewal may
7submit an email address to the Department. The Department
8shall keep the email address on file as a form of contact for
9the individual. The Department shall send license renewal
10notices electronically and by mail to a licensee who provides
11the Department with his or her email address. The notices
12shall be sent at least 60 days prior to the expiration date of
13the license.
14(Source: P.A. 101-81, eff. 7-12-19; 101-153, eff. 1-1-20;
15102-558, eff. 8-20-21; 102-623, eff. 8-27-21.)