102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0628

 

Introduced 2/8/2021, 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
5Act is 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
13or specialized 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
19    or otherwise incapacitated or helpless, or the
20    non-emergency medical transportation of persons who
21    require the presence of medical personnel to monitor the
22    individual's condition or medical apparatus being used on
23    such individuals.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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198-452, eff. 1-1-14.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.