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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Emergency Medical Services (EMS) Systems Act | ||||||||||||||||||||||||||||
5 | is amended by changing Sections 3.35, 3.50, and 3.125 as | ||||||||||||||||||||||||||||
6 | follows:
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7 | (210 ILCS 50/3.35)
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8 | Sec. 3.35. Emergency Medical Services (EMS) Resource
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9 | Hospital; Functions.
The Resource Hospital of an EMS System | ||||||||||||||||||||||||||||
10 | shall:
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11 | (a) Prepare a Program Plan in accordance with the
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12 | provisions of this Act and minimum standards and criteria
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13 | established in rules adopted by the Department pursuant to
this | ||||||||||||||||||||||||||||
14 | Act, and submit such Program Plan to the Department for
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15 | approval.
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16 | (b) Appoint an EMS Medical Director, who will
continually | ||||||||||||||||||||||||||||
17 | monitor and supervise the System and who will
have the | ||||||||||||||||||||||||||||
18 | responsibility and authority for total management
of the System | ||||||||||||||||||||||||||||
19 | as delegated by the EMS Resource Hospital.
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20 | The Program Plan shall require the EMS Medical Director to
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21 | appoint an alternate EMS Medical Director and establish a
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22 | written protocol addressing the functions to be carried out
in | ||||||||||||||||||||||||||||
23 | his or her absence.
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1 | (c) Appoint an EMS System Coordinator and EMS
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2 | Administrative Director in consultation with the EMS Medical
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3 | Director and in accordance with rules adopted by the Department
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4 | pursuant to this Act.
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5 | (d) Identify potential EMS System participants and
obtain | ||||||
6 | commitments from them for the provision of services.
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7 | (e) Educate or coordinate the education of EMT
personnel in | ||||||
8 | accordance with the requirements of this Act,
rules adopted by | ||||||
9 | the Department pursuant to this Act, and
the EMS System Program | ||||||
10 | Plan.
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11 | (f) Notify the Department of EMT provider personnel
who | ||||||
12 | have successfully completed requirements for licensure
testing | ||||||
13 | and relicensure by the Department of Financial and Professional | ||||||
14 | Regulation , except that an
ILS or ALS level System may require | ||||||
15 | its EMT-B personnel to
apply directly to the Department of | ||||||
16 | Financial and Professional Regulation for determination of
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17 | successful completion of relicensure requirements.
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18 | (g) Educate or coordinate the education of Emergency
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19 | Medical Dispatcher candidates, in accordance with the
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20 | requirements of this Act, rules adopted by the Department
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21 | pursuant to this Act, and the EMS System Program Plan.
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22 | (h) Establish or approve protocols for prearrival
medical | ||||||
23 | instructions to callers by System Emergency Medical
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24 | Dispatchers who provide such instructions.
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25 | (i) Educate or coordinate the education of
Pre-Hospital RN | ||||||
26 | and ECRN candidates, in accordance with the requirements of
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1 | this Act, rules adopted by the Department
pursuant to this Act, | ||||||
2 | and the EMS System Program Plan.
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3 | (j) Approve Pre-Hospital RN and ECRN candidates to
practice | ||||||
4 | within the System, and reapprove Pre-Hospital RNs
and ECRNs | ||||||
5 | every 4 years in accordance with the
requirements of the | ||||||
6 | Department and the System Program Plan.
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7 | (k) Establish protocols for the use of Pre-Hospital
RNs | ||||||
8 | within the System.
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9 | (l) Establish protocols for utilizing ECRNs and
physicians | ||||||
10 | licensed to practice medicine in all of its
branches to monitor | ||||||
11 | telecommunications from, and give voice
orders to, EMS | ||||||
12 | personnel, under the authority of the EMS
Medical Director.
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13 | (m) Monitor emergency and non-emergency medical
transports | ||||||
14 | within the System, in accordance with rules
adopted by the | ||||||
15 | Department pursuant to this Act.
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16 | (n) Utilize levels of personnel required by the
Department | ||||||
17 | to provide emergency care to the sick and injured
at the scene | ||||||
18 | of an emergency, during transport to a hospital
or during | ||||||
19 | inter-hospital transport and within the hospital
emergency | ||||||
20 | department until the responsibility for the care
of the patient | ||||||
21 | is assumed by the medical personnel of a
hospital emergency | ||||||
22 | department or other facility within the
hospital to which the | ||||||
23 | patient is first delivered by System
personnel.
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24 | (o) Utilize levels of personnel required by the
Department | ||||||
25 | to provide non-emergency medical services during
transport to a | ||||||
26 | health care facility and within the health
care facility until |
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1 | the responsibility for the care of the
patient is assumed by | ||||||
2 | the medical personnel of the health
care facility to which the | ||||||
3 | patient is delivered by System
personnel.
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4 | (p) Establish and implement a program for System
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5 | participant information and education, in accordance with
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6 | rules adopted by the Department pursuant to this Act.
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7 | (q) Establish and implement a program for public
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8 | information and education, in accordance with rules adopted
by | ||||||
9 | the Department pursuant to this Act.
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10 | (r) Operate in compliance with the EMS Region Plan.
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11 | (Source: P.A. 89-177, eff. 7-19-95.)
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12 | (210 ILCS 50/3.50)
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13 | Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
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14 | (a) "Emergency Medical Technician-Basic" or
"EMT-B" means | ||||||
15 | a person who has successfully completed a course of
instruction | ||||||
16 | in basic life support
as prescribed by the
Department of | ||||||
17 | Financial and Professional Regulation , is currently licensed | ||||||
18 | by the Department of Financial and Professional Regulation in
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19 | accordance with standards prescribed by this Act and rules
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20 | adopted by the Department of Financial and Professional | ||||||
21 | Regulation pursuant to this Act, and practices within an EMS
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22 | System.
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23 | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||||||
24 | means a person who has successfully completed a
course of | ||||||
25 | instruction in intermediate life support
as
prescribed by the |
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1 | Department of Financial and Professional Regulation , is | ||||||
2 | currently licensed by the
Department of Financial and | ||||||
3 | Professional Regulation in accordance with standards | ||||||
4 | prescribed by this
Act and rules adopted by the Department of | ||||||
5 | Financial and Professional Regulation pursuant to this
Act, and | ||||||
6 | practices within an Intermediate or Advanced
Life Support EMS | ||||||
7 | System.
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8 | (c) "Emergency Medical Technician-Paramedic" or "EMT-P" | ||||||
9 | means a person who
has successfully completed a
course of | ||||||
10 | instruction in advanced life support care
as
prescribed by the | ||||||
11 | Department of Financial and Professional Regulation , is | ||||||
12 | licensed by the Department of Financial and Professional | ||||||
13 | Regulation
in accordance with standards prescribed by this Act | ||||||
14 | and
rules adopted by the Department of Financial and | ||||||
15 | Professional Regulation pursuant to this Act, and
practices | ||||||
16 | within an Advanced Life Support EMS System.
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17 | (d) The Department of Financial and Professional | ||||||
18 | Regulation shall have the authority and
responsibility to:
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19 | (1) Prescribe education and training requirements, | ||||||
20 | which
includes training in the use of epinephrine,
for all | ||||||
21 | levels of EMT, based on the respective national
curricula | ||||||
22 | of the United States Department of Transportation
and any | ||||||
23 | modifications to such curricula specified by the
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24 | Department through rules adopted pursuant to this Act;
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25 | (2) Prescribe licensure testing requirements
for all | ||||||
26 | levels of EMT, which shall include a requirement that
all |
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1 | phases of instruction, training, and field experience be
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2 | completed before taking the EMT licensure examination.
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3 | Candidates may elect to take the National Registry of
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4 | Emergency Medical Technicians examination in lieu of the
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5 | Department's examination, but are responsible for making
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6 | their own arrangements for taking the National Registry
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7 | examination;
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8 | (3) License individuals as an EMT-B, EMT-I,
or EMT-P | ||||||
9 | who have met the Department's education, training and
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10 | testing requirements;
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11 | (4) Prescribe annual continuing education and
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12 | relicensure requirements for all levels of EMT;
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13 | (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P | ||||||
14 | every 4 years, based on their compliance with
continuing | ||||||
15 | education and relicensure requirements;
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16 | (6) Grant inactive status to any EMT who
qualifies, | ||||||
17 | based on standards and procedures established by
the | ||||||
18 | Department in rules adopted pursuant to this Act;
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19 | (7) Charge each candidate for EMT a fee to be
submitted | ||||||
20 | with an application for a licensure examination;
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21 | (8) Suspend, revoke, or refuse to renew the
license of | ||||||
22 | an EMT, after an opportunity for a hearing, when
findings | ||||||
23 | show one or more of the following:
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24 | (A) The EMT has not met continuing
education or | ||||||
25 | relicensure requirements as prescribed by the | ||||||
26 | Department;
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1 | (B) The EMT has failed to maintain
proficiency in | ||||||
2 | the level of skills for which he or she is licensed;
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3 | (C) The EMT, during the provision of
medical | ||||||
4 | services, engaged in dishonorable, unethical or
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5 | unprofessional conduct of a character likely to | ||||||
6 | deceive,
defraud or harm the public;
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7 | (D) The EMT has failed to maintain or
has violated | ||||||
8 | standards of performance and conduct as prescribed
by | ||||||
9 | the Department in rules adopted pursuant to this Act or
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10 | his or her EMS System's Program Plan;
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11 | (E) The EMT is physically impaired to
the extent | ||||||
12 | that he or she cannot physically perform the skills and
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13 | functions for which he or she is licensed, as verified | ||||||
14 | by a
physician, unless the person is on inactive status | ||||||
15 | pursuant
to Department regulations;
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16 | (F) The EMT is mentally impaired to the
extent that | ||||||
17 | he or she cannot exercise the appropriate judgment,
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18 | skill and safety for performing the functions for which | ||||||
19 | he
or she is licensed, as verified by a physician, | ||||||
20 | unless the person
is on inactive status pursuant to | ||||||
21 | Department regulations; or
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22 | (G) The EMT has violated this Act or any
rule | ||||||
23 | adopted by the Department pursuant to this Act. | ||||||
24 | The education requirements prescribed by the Department of | ||||||
25 | Financial and Professional Regulation under this subsection | ||||||
26 | must allow for the suspension of those requirements in the case |
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1 | of a member of the armed services or reserve forces of the | ||||||
2 | United States or a member of the Illinois National Guard who is | ||||||
3 | on active duty pursuant to an executive order of the President | ||||||
4 | of the United States, an act of the Congress of the United | ||||||
5 | States, or an order of the Governor at the time that the member | ||||||
6 | would otherwise be required to fulfill a particular education | ||||||
7 | requirement. Such a person must fulfill the education | ||||||
8 | requirement within 6 months after his or her release from | ||||||
9 | active duty.
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10 | (e) In the event that any rule of the
Department of | ||||||
11 | Financial and Professional Regulation or an EMS Medical | ||||||
12 | Director that requires testing for drug
use as a condition for | ||||||
13 | EMT licensure conflicts with or
duplicates a provision of a | ||||||
14 | collective bargaining agreement
that requires testing for drug | ||||||
15 | use, that rule shall not
apply to any person covered by the | ||||||
16 | collective bargaining
agreement.
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17 | (Source: P.A. 94-504, eff. 8-8-05.)
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18 | (210 ILCS 50/3.125)
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19 | Sec. 3.125. Complaint Investigations.
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20 | (a) The Department of Public Health shall promptly | ||||||
21 | investigate
complaints which it receives concerning any person | ||||||
22 | or entity
which the Department of Financial and Professional | ||||||
23 | Regulation or the Department of Public Health licenses, | ||||||
24 | certifies, approves, permits
or designates pursuant to this | ||||||
25 | Act.
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1 | (b) The Department shall notify an EMS Medical
Director of | ||||||
2 | any complaints it receives involving System
personnel or | ||||||
3 | participants.
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4 | (c) The Department shall conduct any inspections,
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5 | interviews and reviews of records which it deems necessary
in | ||||||
6 | order to investigate complaints.
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7 | (d) All persons and entities which are licensed,
certified, | ||||||
8 | approved, permitted or designated pursuant to
this Act shall | ||||||
9 | fully cooperate with any Department complaint
investigation, | ||||||
10 | including providing patient medical records
requested by the | ||||||
11 | Department. Any patient medical record
received or reviewed by | ||||||
12 | the Department shall not be
disclosed publicly in such a manner | ||||||
13 | as to identify
individual patients, without the consent of such | ||||||
14 | patient or
his or her legally authorized representative. | ||||||
15 | Patient
medical records may be disclosed to a party in
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16 | administrative proceedings brought by the Department
pursuant | ||||||
17 | to this Act, but such patient's identity shall be
masked before | ||||||
18 | disclosure of such record during any public
hearing unless | ||||||
19 | otherwise authorized by the patient or his or her legally
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20 | authorized representative.
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21 | (Source: P.A. 89-177, eff. 7-19-95.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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