101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3000

 

Introduced , by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/3.85

    Amends the Emergency Medical Services (EMS) Systems Act. Provides that a Vehicle Service Provider that serves a rural or semi-rural population of 10,000 or fewer inhabitants and exclusively uses volunteers, paid-on-call, or a combination thereof to provide patient care may apply for alternate rural staffing authorization from the Department of Public Health to authorize the ambulance, Non-Transport Vehicle, Special-Use Vehicle, or Limited Operation Vehicle to be staffed by one EMT licensed at or above the level at which the vehicle is licensed, plus one Emergency Medical Responder when 2 licensed Emergency Services personnel are not available to respond. Provides that an alternate rural staffing authorization shall not expire. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Act
5is amended by changing Section 3.85 as follows:
 
6    (210 ILCS 50/3.85)
7    Sec. 3.85. Vehicle Service Providers.
8    (a) "Vehicle Service Provider" means an entity licensed by
9the Department to provide emergency or non-emergency medical
10services in compliance with this Act, the rules promulgated by
11the Department pursuant to this Act, and an operational plan
12approved by its EMS System(s), utilizing at least ambulances or
13specialized emergency medical service vehicles (SEMSV).
14        (1) "Ambulance" means any publicly or privately owned
15    on-road vehicle that is specifically designed, constructed
16    or modified and equipped, and is intended to be used for,
17    and is maintained or operated for the emergency
18    transportation of persons who are sick, injured, wounded or
19    otherwise incapacitated or helpless, or the non-emergency
20    medical transportation of persons who require the presence
21    of medical personnel to monitor the individual's condition
22    or medical apparatus being used on such individuals.
23        (2) "Specialized Emergency Medical Services Vehicle"

 

 

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1    or "SEMSV" means a vehicle or conveyance, other than those
2    owned or operated by the federal government, that is
3    primarily intended for use in transporting the sick or
4    injured by means of air, water, or ground transportation,
5    that is not an ambulance as defined in this Act. The term
6    includes watercraft, aircraft and special purpose ground
7    transport vehicles or conveyances not intended for use on
8    public roads.
9        (3) An ambulance or SEMSV may also be designated as a
10    Limited Operation Vehicle or Special-Use Vehicle:
11            (A) "Limited Operation Vehicle" means a vehicle
12        which is licensed by the Department to provide basic,
13        intermediate or advanced life support emergency or
14        non-emergency medical services that are exclusively
15        limited to specific events or locales.
16            (B) "Special-Use Vehicle" means any publicly or
17        privately owned vehicle that is specifically designed,
18        constructed or modified and equipped, and is intended
19        to be used for, and is maintained or operated solely
20        for the emergency or non-emergency transportation of a
21        specific medical class or category of persons who are
22        sick, injured, wounded or otherwise incapacitated or
23        helpless (e.g. high-risk obstetrical patients,
24        neonatal patients).
25            (C) "Reserve Ambulance" means a vehicle that meets
26        all criteria set forth in this Section and all

 

 

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1        Department rules, except for the required inventory of
2        medical supplies and durable medical equipment, which
3        may be rapidly transferred from a fully functional
4        ambulance to a reserve ambulance without the use of
5        tools or special mechanical expertise.
6    (b) The Department shall have the authority and
7responsibility to:
8        (1) Require all Vehicle Service Providers, both
9    publicly and privately owned, to function within an EMS
10    System.
11        (2) Require a Vehicle Service Provider utilizing
12    ambulances to have a primary affiliation with an EMS System
13    within the EMS Region in which its Primary Service Area is
14    located, which is the geographic areas in which the
15    provider renders the majority of its emergency responses.
16    This requirement shall not apply to Vehicle Service
17    Providers which exclusively utilize Limited Operation
18    Vehicles.
19        (3) Establish licensing standards and requirements for
20    Vehicle Service Providers, through rules adopted pursuant
21    to this Act, including but not limited to:
22            (A) Vehicle design, specification, operation and
23        maintenance standards, including standards for the use
24        of reserve ambulances;
25            (B) Equipment requirements;
26            (C) Staffing requirements; and

 

 

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1            (D) License renewal at intervals determined by the
2        Department, which shall be not less than every 4 years.
3        The Department's standards and requirements with
4    respect to vehicle staffing must allow for an alternative
5    rural staffing model for those vehicle service providers
6    that serve a rural or semi-rural population of 10,000 or
7    fewer inhabitants and exclusively uses volunteers,
8    paid-on-call, or a combination thereof.
9        A Vehicle Service Provider that serves a rural or
10    semi-rural population of 10,000 or fewer inhabitants and
11    exclusively uses volunteers, paid-on-call, or a
12    combination thereof to provide patient care may apply for
13    alternate rural staffing authorization from the Department
14    to authorize the ambulance, Non-Transport Vehicle,
15    Special-Use Vehicle, or Limited Operation Vehicle to be
16    staffed by one EMT licensed at or above the level at which
17    the vehicle is licensed, plus one Emergency Medical
18    Responder when 2 licensed Emergency Services personnel are
19    not available to respond; once granted, an alternate rural
20    staffing authorization shall not expire.
21        (4) License all Vehicle Service Providers that have met
22    the Department's requirements for licensure, unless such
23    Provider is owned or licensed by the federal government.
24    All Provider licenses issued by the Department shall
25    specify the level and type of each vehicle covered by the
26    license (BLS, ILS, ALS, ambulance, SEMSV, limited

 

 

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1    operation vehicle, special use vehicle, reserve
2    ambulance).
3        (5) Annually inspect all licensed vehicles operated by
4    Vehicle Service Providers.
5        (6) Suspend, revoke, refuse to issue or refuse to renew
6    the license of any Vehicle Service Provider, or that
7    portion of a license pertaining to a specific vehicle
8    operated by the Provider, after an opportunity for a
9    hearing, when findings show that the Provider or one or
10    more of its vehicles has failed to comply with the
11    standards and requirements of this Act or rules adopted by
12    the Department pursuant to this Act.
13        (7) Issue an Emergency Suspension Order for any
14    Provider or vehicle licensed under this Act, when the
15    Director or his designee has determined that an immediate
16    and serious danger to the public health, safety and welfare
17    exists. Suspension or revocation proceedings which offer
18    an opportunity for hearing shall be promptly initiated
19    after the Emergency Suspension Order has been issued.
20        (8) Exempt any licensed vehicle from subsequent
21    vehicle design standards or specifications required by the
22    Department, as long as said vehicle is continuously in
23    compliance with the vehicle design standards and
24    specifications originally applicable to that vehicle, or
25    until said vehicle's title of ownership is transferred.
26        (9) Exempt any vehicle (except an SEMSV) which was

 

 

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1    being used as an ambulance on or before December 15, 1980,
2    from vehicle design standards and specifications required
3    by the Department, until said vehicle's title of ownership
4    is transferred. Such vehicles shall not be exempt from all
5    other licensing standards and requirements prescribed by
6    the Department.
7        (10) Prohibit any Vehicle Service Provider from
8    advertising, identifying its vehicles, or disseminating
9    information in a false or misleading manner concerning the
10    Provider's type and level of vehicles, location, primary
11    service area, response times, level of personnel,
12    licensure status or System participation.
13        (10.5) Prohibit any Vehicle Service Provider, whether
14    municipal, private, or hospital-owned, from advertising
15    itself as a critical care transport provider unless it
16    participates in a Department-approved EMS System critical
17    care transport plan.
18        (11) Charge each Vehicle Service Provider a fee per
19    transport vehicle, due annually at time of inspection. The
20    fee per transport vehicle shall be set by administrative
21    rule by the Department and shall not exceed 100 vehicles
22    per provider.
23(Source: P.A. 97-333, eff. 8-12-11; 97-1014, eff. 1-1-13;
2498-452, eff. 1-1-14.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.