HB5183 Enrolled LRB096 16642 KTG 31923 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Emergency Medical Services (EMS) Systems Act
5 is amended by changing Sections 3.10, 3.20, 3.50, 3.60, 3.65,
6 3.70, 3.75, 3.80, 3.85, 3.86, 3.130, 3.160, 3.175, and 3.220 as
7 follows:
 
8     (210 ILCS 50/3.10)
9     Sec. 3.10. Scope of Services.
10     (a) "Advanced Life Support (ALS) Services" means an
11 advanced level of pre-hospital and inter-hospital emergency
12 care and non-emergency medical services that includes basic
13 life support care, cardiac monitoring, cardiac defibrillation,
14 electrocardiography, intravenous therapy, administration of
15 medications, drugs and solutions, use of adjunctive medical
16 devices, trauma care, and other authorized techniques and
17 procedures, as outlined in the Advanced Life Support national
18 curriculum of the United States Department of Transportation
19 and any modifications to that curriculum specified in rules
20 adopted by the Department pursuant to this Act.
21     That care shall be initiated as authorized by the EMS
22 Medical Director in a Department approved advanced life support
23 EMS System, under the written or verbal direction of a

 

 

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1 physician licensed to practice medicine in all of its branches
2 or under the verbal direction of an Emergency Communications
3 Registered Nurse.
4     (b) "Intermediate Life Support (ILS) Services" means an
5 intermediate level of pre-hospital and inter-hospital
6 emergency care and non-emergency medical services that
7 includes basic life support care plus intravenous cannulation
8 and fluid therapy, invasive airway management, trauma care, and
9 other authorized techniques and procedures, as outlined in the
10 Intermediate Life Support national curriculum of the United
11 States Department of Transportation and any modifications to
12 that curriculum specified in rules adopted by the Department
13 pursuant to this Act.
14     That care shall be initiated as authorized by the EMS
15 Medical Director in a Department approved intermediate or
16 advanced life support EMS System, under the written or verbal
17 direction of a physician licensed to practice medicine in all
18 of its branches or under the verbal direction of an Emergency
19 Communications Registered Nurse.
20     (c) "Basic Life Support (BLS) Services" means a basic level
21 of pre-hospital and inter-hospital emergency care and
22 non-emergency medical services that includes airway
23 management, cardiopulmonary resuscitation (CPR), control of
24 shock and bleeding and splinting of fractures, as outlined in
25 the Basic Life Support national curriculum of the United States
26 Department of Transportation and any modifications to that

 

 

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1 curriculum specified in rules adopted by the Department
2 pursuant to this Act.
3     That care shall be initiated, where authorized by the EMS
4 Medical Director in a Department approved EMS System, under the
5 written or verbal direction of a physician licensed to practice
6 medicine in all of its branches or under the verbal direction
7 of an Emergency Communications Registered Nurse.
8     (d) "First Response Services" means a preliminary level of
9 pre-hospital emergency care that includes cardiopulmonary
10 resuscitation (CPR), monitoring vital signs and control of
11 bleeding, as outlined in the First Responder curriculum of the
12 United States Department of Transportation and any
13 modifications to that curriculum specified in rules adopted by
14 the Department pursuant to this Act.
15     (e) "Pre-hospital care" means those emergency medical
16 services rendered to emergency patients for analytic,
17 resuscitative, stabilizing, or preventive purposes, precedent
18 to and during transportation of such patients to hospitals.
19     (f) "Inter-hospital care" means those emergency medical
20 services rendered to emergency patients for analytic,
21 resuscitative, stabilizing, or preventive purposes, during
22 transportation of such patients from one hospital to another
23 hospital.
24     (f-5) "Critical care transport" means the pre-hospital or
25 inter-hospital transportation of a critically injured or ill
26 patient by a vehicle service provider, including the provision

 

 

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1 of medically necessary supplies and services, at a level of
2 service beyond the scope of the EMT-paramedic. When medically
3 indicated for a patient, as determined by a physician licensed
4 to practice medicine in all of its branches, an advanced
5 practice nurse, or a physician's assistant, in compliance with
6 subsections (b) and (c) of Section 3.155 of this Act, critical
7 care transport may be provided by:
8         (1) Department-approved critical care transport
9     providers, not owned or operated by a hospital, utilizing
10     EMT-paramedics with additional training, nurses, or other
11     qualified health professionals; or
12         (2) Hospitals, when utilizing any vehicle service
13     provider or any hospital-owned or operated vehicle service
14     provider. Nothing in this amendatory Act of the 96th
15     General Assembly requires a hospital to use, or to be, a
16     Department-approved critical care transport provider when
17     transporting patients, including those critically injured
18     or ill. Nothing in this Act shall restrict or prohibit a
19     hospital from providing, or arranging for, the medically
20     appropriate transport of any patient, as determined by a
21     physician licensed to practice in all of its branches, an
22     advanced practice nurse, or a physician's assistant.
23     (g) "Non-emergency medical services" means medical care or
24 monitoring rendered to patients whose conditions do not meet
25 this Act's definition of emergency, before or during
26 transportation of such patients to or from health care

 

 

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1 facilities visited for the purpose of obtaining medical or
2 health care services which are not emergency in nature, using a
3 vehicle regulated by this Act.
4     (g-5) The Department shall have the authority to promulgate
5 minimum standards for critical care transport providers
6 through rules adopted pursuant to this Act. All critical care
7 transport providers must function within a Department-approved
8 EMS System. Nothing in Department rules shall restrict a
9 hospital's ability to furnish personnel, equipment, and
10 medical supplies to any vehicle service provider, including a
11 critical care transport provider. Minimum critical care
12 transport provider standards shall include, but are not limited
13 to:
14         (1) Personnel staffing and licensure.
15         (2) Education, certification, and experience.
16         (3) Medical equipment and supplies.
17         (4) Vehicular standards.
18         (5) Treatment and transport protocols.
19         (6) Quality assurance and data collection.
20     (h) The provisions of this Act shall not apply to the use
21 of an ambulance or SEMSV, unless and until emergency or
22 non-emergency medical services are needed during the use of the
23 ambulance or SEMSV.
24 (Source: P.A. 94-568, eff. 1-1-06.)
 
25     (210 ILCS 50/3.20)

 

 

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1     Sec. 3.20. Emergency Medical Services (EMS) Systems.
2     (a) "Emergency Medical Services (EMS) System" means an
3 organization of hospitals, vehicle service providers and
4 personnel approved by the Department in a specific geographic
5 area, which coordinates and provides pre-hospital and
6 inter-hospital emergency care and non-emergency medical
7 transports at a BLS, ILS and/or ALS level pursuant to a System
8 program plan submitted to and approved by the Department, and
9 pursuant to the EMS Region Plan adopted for the EMS Region in
10 which the System is located.
11     (b) One hospital in each System program plan must be
12 designated as the Resource Hospital. All other hospitals which
13 are located within the geographic boundaries of a System and
14 which have standby, basic or comprehensive level emergency
15 departments must function in that EMS System as either an
16 Associate Hospital or Participating Hospital and follow all
17 System policies specified in the System Program Plan, including
18 but not limited to the replacement of drugs and equipment used
19 by providers who have delivered patients to their emergency
20 departments. All hospitals and vehicle service providers
21 participating in an EMS System must specify their level of
22 participation in the System Program Plan.
23     (c) The Department shall have the authority and
24 responsibility to:
25         (1) Approve BLS, ILS and ALS level EMS Systems which
26     meet minimum standards and criteria established in rules

 

 

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1     adopted by the Department pursuant to this Act, including
2     the submission of a Program Plan for Department approval.
3     Beginning September 1, 1997, the Department shall approve
4     the development of a new EMS System only when a local or
5     regional need for establishing such System has been
6     verified by the Department identified. This shall not be
7     construed as a needs assessment for health planning or
8     other purposes outside of this Act. Following Department
9     approval, EMS Systems must be fully operational within one
10     year from the date of approval.
11         (2) Monitor EMS Systems, based on minimum standards for
12     continuing operation as prescribed in rules adopted by the
13     Department pursuant to this Act, which shall include
14     requirements for submitting Program Plan amendments to the
15     Department for approval.
16         (3) Renew EMS System approvals every 4 years, after an
17     inspection, based on compliance with the standards for
18     continuing operation prescribed in rules adopted by the
19     Department pursuant to this Act.
20         (4) Suspend, revoke, or refuse to renew approval of any
21     EMS System, after providing an opportunity for a hearing,
22     when findings show that it does not meet the minimum
23     standards for continuing operation as prescribed by the
24     Department, or is found to be in violation of its
25     previously approved Program Plan.
26         (5) Require each EMS System to adopt written protocols

 

 

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1     for the bypassing of or diversion to any hospital, trauma
2     center or regional trauma center, which provide that a
3     person shall not be transported to a facility other than
4     the nearest hospital, regional trauma center or trauma
5     center unless the medical benefits to the patient
6     reasonably expected from the provision of appropriate
7     medical treatment at a more distant facility outweigh the
8     increased risks to the patient from transport to the more
9     distant facility, or the transport is in accordance with
10     the System's protocols for patient choice or refusal.
11         (6) Require that the EMS Medical Director of an ILS or
12     ALS level EMS System be a physician licensed to practice
13     medicine in all of its branches in Illinois, and certified
14     by the American Board of Emergency Medicine or the American
15     Board of Osteopathic Emergency Medicine, and that the EMS
16     Medical Director of a BLS level EMS System be a physician
17     licensed to practice medicine in all of its branches in
18     Illinois, with regular and frequent involvement in
19     pre-hospital emergency medical services. In addition, all
20     EMS Medical Directors shall:
21             (A) Have experience on an EMS vehicle at the
22         highest level available within the System, or make
23         provision to gain such experience within 12 months
24         prior to the date responsibility for the System is
25         assumed or within 90 days after assuming the position;
26             (B) Be thoroughly knowledgeable of all skills

 

 

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1         included in the scope of practices of all levels of EMS
2         personnel within the System;
3             (C) Have or make provision to gain experience
4         instructing students at a level similar to that of the
5         levels of EMS personnel within the System; and
6             (D) For ILS and ALS EMS Medical Directors,
7         successfully complete a Department-approved EMS
8         Medical Director's Course.
9         (7) Prescribe statewide EMS data elements to be
10     collected and documented by providers in all EMS Systems
11     for all emergency and non-emergency medical services, with
12     a one-year phase-in for commencing collection of such data
13     elements.
14         (8) Define, through rules adopted pursuant to this Act,
15     the terms "Resource Hospital", "Associate Hospital",
16     "Participating Hospital", "Basic Emergency Department",
17     "Standby Emergency Department", "Comprehensive Emergency
18     Department", "EMS Medical Director", "EMS Administrative
19     Director", and "EMS System Coordinator".
20             (A) Upon the effective date of this amendatory Act
21         of 1995, all existing Project Medical Directors shall
22         be considered EMS Medical Directors, and all persons
23         serving in such capacities on the effective date of
24         this amendatory Act of 1995 shall be exempt from the
25         requirements of paragraph (7) of this subsection;
26             (B) Upon the effective date of this amendatory Act

 

 

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1         of 1995, all existing EMS System Project Directors
2         shall be considered EMS Administrative Directors.
3         (9) Investigate the circumstances that caused a
4     hospital in an EMS system to go on bypass status to
5     determine whether that hospital's decision to go on bypass
6     status was reasonable. The Department may impose
7     sanctions, as set forth in Section 3.140 of the Act, upon a
8     Department determination that the hospital unreasonably
9     went on bypass status in violation of the Act.
10         (10) Evaluate the capacity and performance of any
11     freestanding emergency center established under Section
12     32.5 of this Act in meeting emergency medical service needs
13     of the public, including compliance with applicable
14     emergency medical standards and assurance of the
15     availability of and immediate access to the highest quality
16     of medical care possible.
17 (Source: P.A. 95-584, eff. 8-31-07.)
 
18     (210 ILCS 50/3.50)
19     Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
20     (a) "Emergency Medical Technician-Basic" or "EMT-B" means
21 a person who has successfully completed a course of instruction
22 in basic life support as prescribed by the Department, is
23 currently licensed by the Department in accordance with
24 standards prescribed by this Act and rules adopted by the
25 Department pursuant to this Act, and practices within an EMS

 

 

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1 System.
2     (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
3 means a person who has successfully completed a course of
4 instruction in intermediate life support as prescribed by the
5 Department, is currently licensed by the Department in
6 accordance with standards prescribed by this Act and rules
7 adopted by the Department pursuant to this Act, and practices
8 within an Intermediate or Advanced Life Support EMS System.
9     (c) "Emergency Medical Technician-Paramedic" or "EMT-P"
10 means a person who has successfully completed a course of
11 instruction in advanced life support care as prescribed by the
12 Department, is licensed by the Department in accordance with
13 standards prescribed by this Act and rules adopted by the
14 Department pursuant to this Act, and practices within an
15 Advanced Life Support EMS System.
16     (d) The Department shall have the authority and
17 responsibility to:
18         (1) Prescribe education and training requirements,
19     which includes training in the use of epinephrine, for all
20     levels of EMT, based on the respective national curricula
21     of the United States Department of Transportation and any
22     modifications to such curricula specified by the
23     Department through rules adopted pursuant to this Act.
24         (2) Prescribe licensure testing requirements for all
25     levels of EMT, which shall include a requirement that all
26     phases of instruction, training, and field experience be

 

 

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1     completed before taking the EMT licensure examination.
2     Candidates may elect to take the National Registry of
3     Emergency Medical Technicians examination in lieu of the
4     Department's examination, but are responsible for making
5     their own arrangements for taking the National Registry
6     examination.
7         (2.5) Review applications for EMT licensure from
8     honorably discharged members of the armed forces of the
9     United States with military emergency medical training.
10     Applications shall be filed with the Department within one
11     year after military discharge and shall contain: (i) proof
12     of successful completion of military emergency medical
13     training; (ii) a detailed description of the emergency
14     medical curriculum completed; and (iii) a detailed
15     description of the applicant's clinical experience. The
16     Department may request additional and clarifying
17     information. The Department shall evaluate the
18     application, including the applicant's training and
19     experience, consistent with the standards set forth under
20     subsections (a), (b), (c), and (d) of Section 3.10. If the
21     application clearly demonstrates that the training and
22     experience meets such standards, the Department shall
23     offer the applicant the opportunity to successfully
24     complete a Department-approved EMT examination for which
25     the applicant is qualified. Upon passage of an examination,
26     the Department shall issue a license, which shall be

 

 

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1     subject to all provisions of this Act that are otherwise
2     applicable to the class of EMT license issued.
3         (3) License individuals as an EMT-B, EMT-I, or EMT-P
4     who have met the Department's education, training and
5     examination testing requirements.
6         (4) Prescribe annual continuing education and
7     relicensure requirements for all levels of EMT.
8         (5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
9     every 4 years, based on their compliance with continuing
10     education and relicensure requirements.
11         (6) Grant inactive status to any EMT who qualifies,
12     based on standards and procedures established by the
13     Department in rules adopted pursuant to this Act.
14         (7) Charge a fee for EMT examination, licensure, and
15     license renewal each candidate for EMT a fee to be
16     submitted with an application for a licensure examination.
17         (8) Suspend, revoke, or refuse to issue or renew the
18     license of any licensee an EMT, after an opportunity for an
19     impartial hearing before a neutral administrative law
20     judge appointed by the Director, where the preponderance of
21     the evidence shows one or more of the following a hearing,
22     when findings show one or more of the following:
23             (A) The licensee EMT has not met continuing
24         education or relicensure requirements as prescribed by
25         the Department;
26             (B) The licensee EMT has failed to maintain

 

 

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1         proficiency in the level of skills for which he or she
2         is licensed;
3             (C) The licensee EMT, during the provision of
4         medical services, engaged in dishonorable, unethical,
5         or unprofessional conduct of a character likely to
6         deceive, defraud, or harm the public;
7             (D) The licensee EMT has failed to maintain or has
8         violated standards of performance and conduct as
9         prescribed by the Department in rules adopted pursuant
10         to this Act or his or her EMS System's Program Plan;
11             (E) The licensee EMT is physically impaired to the
12         extent that he or she cannot physically perform the
13         skills and functions for which he or she is licensed,
14         as verified by a physician, unless the person is on
15         inactive status pursuant to Department regulations;
16             (F) The licensee EMT is mentally impaired to the
17         extent that he or she cannot exercise the appropriate
18         judgment, skill and safety for performing the
19         functions for which he or she is licensed, as verified
20         by a physician, unless the person is on inactive status
21         pursuant to Department regulations; or
22             (G) The licensee EMT has violated this Act or any
23         rule adopted by the Department pursuant to this Act;
24         or .
25             (H) The licensee has been convicted (or entered a
26         plea of guilty or nolo-contendere) by a court of

 

 

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1         competent jurisdiction of a Class X, Class 1, or Class
2         2 felony in this State or an out-of-state equivalent
3         offense.
4         (9) An EMT who exclusively serves as a volunteer for
5     units of local government with a population base of less
6     than 5,000 may submit an application to the Department for
7     a waiver of these fees on a form prescribed by the
8     Department.
9     The education requirements prescribed by the Department
10 under this subsection must allow for the suspension of those
11 requirements in the case of a member of the armed services or
12 reserve forces of the United States or a member of the Illinois
13 National Guard who is on active duty pursuant to an executive
14 order of the President of the United States, an act of the
15 Congress of the United States, or an order of the Governor at
16 the time that the member would otherwise be required to fulfill
17 a particular education requirement. Such a person must fulfill
18 the education requirement within 6 months after his or her
19 release from active duty.
20     (e) In the event that any rule of the Department or an EMS
21 Medical Director that requires testing for drug use as a
22 condition for EMT licensure conflicts with or duplicates a
23 provision of a collective bargaining agreement that requires
24 testing for drug use, that rule shall not apply to any person
25 covered by the collective bargaining agreement.
26 (Source: P.A. 96-540, eff. 8-17-09.)
 

 

 

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1     (210 ILCS 50/3.60)
2     Sec. 3.60. First Responder.
3     (a) "First Responder" means a person who has successfully
4 completed a course of instruction in emergency first response
5 as prescribed by the Department, who provides first response
6 services prior to the arrival of an ambulance or specialized
7 emergency medical services vehicle, in accordance with the
8 level of care established in the emergency first response
9 course. A First Responder who provides such services as part of
10 an EMS System response plan which utilizes First Responders as
11 the personnel dispatched to the scene of an emergency to
12 provide initial emergency medical care shall comply with the
13 applicable sections of the Program Plan of that EMS System.
14     Persons who have already completed a course of instruction
15 in emergency first response based on or equivalent to the
16 national curriculum of the United States Department of
17 Transportation, or as otherwise previously recognized by the
18 Department, shall be considered First Responders on the
19 effective date of this amendatory Act of 1995.
20     (b) The Department shall have the authority and
21 responsibility to:
22         (1) Prescribe education requirements for the First
23     Responder, which meet or exceed the national curriculum of
24     the United States Department of Transportation, through
25     rules adopted pursuant to this Act.

 

 

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1         (2) Prescribe a standard set of equipment for use
2     during first response services. An individual First
3     Responder shall not be required to maintain his or her own
4     set of such equipment, provided he or she has access to
5     such equipment during a first response call.
6         (3) Require the First Responder to notify the
7     Department of any EMS System in which he or she
8     participates as dispatched personnel as described in
9     subsection (a).
10         (4) Require the First Responder to comply with the
11     applicable sections of the Program Plans for those Systems.
12         (5) Require the First Responder to keep the Department
13     currently informed as to who employs him or her and who
14     supervises his or her activities as a First Responder.
15         (6) Establish a mechanism for phasing in the First
16     Responder requirements over a 5-year period.
17         (7) Charge each First Responder applicant a fee for
18     testing, initial licensure, and license renewal. A First
19     Responder who exclusively serves as a volunteer for units
20     of local government or a not-for-profit organization that
21     serves a service area with a population base of less than
22     5,000 may submit an application to the Department for a
23     waiver of these fees on a form prescribed by the
24     Department.
25 (Source: P.A. 89-177, eff. 7-19-95.)
 

 

 

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1     (210 ILCS 50/3.65)
2     Sec. 3.65. EMS Lead Instructor.
3     (a) "EMS Lead Instructor" means a person who has
4 successfully completed a course of education as prescribed by
5 the Department, and who is currently approved by the Department
6 to coordinate or teach education, training and continuing
7 education courses, in accordance with standards prescribed by
8 this Act and rules adopted by the Department pursuant to this
9 Act.
10     (b) The Department shall have the authority and
11 responsibility to:
12         (1) Prescribe education requirements for EMS Lead
13     Instructor candidates through rules adopted pursuant to
14     this Act.
15         (2) Prescribe testing requirements for EMS Lead
16     Instructor candidates through rules adopted pursuant to
17     this Act.
18         (3) Charge each candidate for EMS Lead Instructor a fee
19     to be submitted with an application for an examination, an
20     application for certification, and an application for
21     recertification.
22         (4) Approve individuals as EMS Lead Instructors who
23     have met the Department's education and testing
24     requirements.
25         (5) Require that all education, training and
26     continuing education courses for EMT-B, EMT-I, EMT-P,

 

 

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1     Pre-Hospital RN, ECRN, First Responder and Emergency
2     Medical Dispatcher be coordinated by at least one approved
3     EMS Lead Instructor. A program which includes education,
4     training or continuing education for more than one type of
5     personnel may use one EMS Lead Instructor to coordinate the
6     program, and a single EMS Lead Instructor may
7     simultaneously coordinate more than one program or course.
8         (6) Provide standards and procedures for awarding EMS
9     Lead Instructor approval to persons previously approved by
10     the Department to coordinate such courses, based on
11     qualifications prescribed by the Department through rules
12     adopted pursuant to this Act.
13         (7) Suspend or revoke the approval of an EMS Lead
14     Instructor, after an opportunity for a hearing, when
15     findings show one or more of the following:
16             (A) The EMS Lead Instructor has failed to conduct a
17         course in accordance with the curriculum prescribed by
18         this Act and rules adopted by the Department pursuant
19         to this Act; or
20             (B) The EMS Lead Instructor has failed to comply
21         with protocols prescribed by the Department through
22         rules adopted pursuant to this Act.
23 (Source: P.A. 89-177, eff. 7-19-95.)
 
24     (210 ILCS 50/3.70)
25     Sec. 3.70. Emergency Medical Dispatcher.

 

 

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1     (a) "Emergency Medical Dispatcher" means a person who has
2 successfully completed a training course in emergency medical
3 dispatching meeting or exceeding the national curriculum of the
4 United States Department of Transportation in accordance with
5 rules adopted by the Department pursuant to this Act, who
6 accepts calls from the public for emergency medical services
7 and dispatches designated emergency medical services personnel
8 and vehicles. The Emergency Medical Dispatcher must use the
9 Department-approved emergency medical dispatch priority
10 reference system (EMDPRS) protocol selected for use by its
11 agency and approved by its EMS medical director. This protocol
12 must be used by an emergency medical dispatcher in an emergency
13 medical dispatch agency to dispatch aid to medical emergencies
14 which includes systematized caller interrogation questions;
15 systematized prearrival support instructions; and systematized
16 coding protocols that match the dispatcher's evaluation of the
17 injury or illness severity with the vehicle response mode and
18 vehicle response configuration and includes an appropriate
19 training curriculum and testing process consistent with the
20 specific EMDPRS protocol used by the emergency medical dispatch
21 agency. Prearrival support instructions shall be provided in a
22 non-discriminatory manner and shall be provided in accordance
23 with the EMDPRS established by the EMS medical director of the
24 EMS system in which the EMD operates. If the dispatcher
25 operates under the authority of an Emergency Telephone System
26 Board established under the Emergency Telephone System Act, the

 

 

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1 protocols shall be established by such Board in consultation
2 with the EMS Medical Director. Persons who have already
3 completed a course of instruction in emergency medical dispatch
4 based on, equivalent to or exceeding the national curriculum of
5 the United States Department of Transportation, or as otherwise
6 approved by the Department, shall be considered Emergency
7 Medical Dispatchers on the effective date of this amendatory
8 Act.
9     (b) The Department shall have the authority and
10 responsibility to:
11         (1) Require certification and recertification of a
12     person who meets the training and other requirements as an
13     emergency medical dispatcher pursuant to this Act.
14         (2) Require certification and recertification of a
15     person, organization, or government agency that operates
16     an emergency medical dispatch agency that meets the minimum
17     standards prescribed by the Department for an emergency
18     medical dispatch agency pursuant to this Act.
19         (3) Prescribe minimum education and continuing
20     education requirements for the Emergency Medical
21     Dispatcher, which meet the national curriculum of the
22     United States Department of Transportation, through rules
23     adopted pursuant to this Act.
24         (4) Require each EMS Medical Director to report to the
25     Department whenever an action has taken place that may
26     require the revocation or suspension of a certificate

 

 

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1     issued by the Department.
2         (5) Require each EMD to provide prearrival
3     instructions in compliance with protocols selected and
4     approved by the system's EMS medical director and approved
5     by the Department.
6         (6) Require the Emergency Medical Dispatcher to keep
7     the Department currently informed as to the entity or
8     agency that employs or supervises his activities as an
9     Emergency Medical Dispatcher.
10         (7) Establish an annual recertification requirement
11     that requires at least 12 hours of medical
12     dispatch-specific continuing education each year.
13         (8) Approve all EMDPRS protocols used by emergency
14     medical dispatch agencies to assure compliance with
15     national standards.
16         (9) Require that Department-approved emergency medical
17     dispatch training programs are conducted in accordance
18     with national standards.
19         (10) Require that the emergency medical dispatch
20     agency be operated in accordance with national standards,
21     including, but not limited to, (i) the use on every request
22     for medical assistance of an emergency medical dispatch
23     priority reference system (EMDPRS) in accordance with
24     Department-approved policies and procedures and (ii) under
25     the approval and supervision of the EMS medical director,
26     the establishment of a continuous quality improvement

 

 

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1     program.
2         (11) Require that a person may not represent himself or
3     herself, nor may an agency or business represent an agent
4     or employee of that agency or business, as an emergency
5     medical dispatcher unless certified by the Department as an
6     emergency medical dispatcher.
7         (12) Require that a person, organization, or
8     government agency not represent itself as an emergency
9     medical dispatch agency unless the person, organization,
10     or government agency is certified by the Department as an
11     emergency medical dispatch agency.
12         (13) Require that a person, organization, or
13     government agency may not offer or conduct a training
14     course that is represented as a course for an emergency
15     medical dispatcher unless the person, organization, or
16     agency is approved by the Department to offer or conduct
17     that course.
18         (14) Require that Department-approved emergency
19     medical dispatcher training programs are conducted by
20     instructors licensed by the Department who:
21             (i) are, at a minimum, certified as emergency
22         medical dispatchers;
23             (ii) have completed a Department-approved course
24         on methods of instruction;
25             (iii) have previous experience in a medical
26         dispatch agency; and

 

 

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1             (iv) have demonstrated experience as an EMS
2         instructor.
3         (15) Establish criteria for modifying or waiving
4     Emergency Medical Dispatcher requirements based on (i) the
5     scope and frequency of dispatch activities and the
6     dispatcher's access to training or (ii) whether the
7     previously-attended dispatcher training program merits
8     automatic recertification for the dispatcher.
9         (16) Charge each Emergency Medical Dispatcher
10     applicant a fee for licensure and license renewal.
11 (Source: P.A. 92-506, eff. 1-1-02.)
 
12     (210 ILCS 50/3.75)
13     Sec. 3.75. Trauma Nurse Specialist (TNS) Certification.
14     (a) "Trauma Nurse Specialist" or "TNS" means a registered
15 professional nurse who has successfully completed education
16 and testing requirements as prescribed by the Department, and
17 is certified by the Department in accordance with rules adopted
18 by the Department pursuant to this Act.
19     (b) The Department shall have the authority and
20 responsibility to:
21         (1) Establish criteria for TNS training sites, through
22     rules adopted pursuant to this Act;
23         (2) Prescribe education and testing requirements for
24     TNS candidates, which shall include an opportunity for
25     certification based on examination only, through rules

 

 

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1     adopted pursuant to this Act;
2         (3) Charge each candidate for TNS certification a fee
3     to be submitted with an application for a certification
4     examination, an application for certification, and an
5     application for recertification;
6         (4) Certify an individual as a TNS who has met the
7     Department's education and testing requirements;
8         (5) Prescribe recertification requirements through
9     rules adopted to this Act;
10         (6) Recertify an individual as a TNS every 4 years,
11     based on compliance with recertification requirements;
12         (7) Grant inactive status to any TNS who qualifies,
13     based on standards and procedures established by the
14     Department in rules adopted pursuant to this Act; and
15         (8) Suspend, revoke or deny renewal of the
16     certification of a TNS, after an opportunity for hearing by
17     the Department, if findings show that the TNS has failed to
18     maintain proficiency in the level of skills for which the
19     TNS is certified or has failed to comply with
20     recertification requirements.
21 (Source: P.A. 89-177, eff. 7-19-95.)
 
22     (210 ILCS 50/3.80)
23     Sec. 3.80. Pre-Hospital RN and Emergency Communications
24 Registered Nurse.
25     (a) Emergency Communications Registered Nurse or "ECRN"

 

 

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1 means a registered professional nurse licensed under the Nurse
2 Practice Act who has successfully completed supplemental
3 education in accordance with rules adopted by the Department,
4 and who is approved by an EMS Medical Director to monitor
5 telecommunications from and give voice orders to EMS System
6 personnel, under the authority of the EMS Medical Director and
7 in accordance with System protocols.
8     Upon the effective date of this amendatory Act of 1995, all
9 existing Registered Professional Nurse/MICNs shall be
10 considered ECRNs.
11     (b) "Pre-Hospital Registered Nurse" or "Pre-Hospital RN"
12 means a registered professional nurse licensed under the Nurse
13 Practice Act who has successfully completed supplemental
14 education in accordance with rules adopted by the Department
15 pursuant to this Act, and who is approved by an EMS Medical
16 Director to practice within an EMS System as emergency medical
17 services personnel for pre-hospital and inter-hospital
18 emergency care and non-emergency medical transports.
19     Upon the effective date of this amendatory Act of 1995, all
20 existing Registered Professional Nurse/Field RNs shall be
21 considered Pre-Hospital RNs.
22     (c) The Department shall have the authority and
23 responsibility to:
24         (1) Prescribe education and continuing education
25     requirements for Pre-Hospital RN and ECRN candidates
26     through rules adopted pursuant to this Act:

 

 

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1             (A) Education for Pre-Hospital RN shall include
2         extrication, telecommunications, and pre-hospital
3         cardiac and trauma care;
4             (B) Education for ECRN shall include
5         telecommunications, System standing medical orders and
6         the procedures and protocols established by the EMS
7         Medical Director;
8             (C) A Pre-Hospital RN candidate who is fulfilling
9         clinical training and in-field supervised experience
10         requirements may perform prescribed procedures under
11         the direct supervision of a physician licensed to
12         practice medicine in all of its branches, a qualified
13         registered professional nurse or a qualified EMT, only
14         when authorized by the EMS Medical Director;
15             (D) An EMS Medical Director may impose in-field
16         supervised field experience requirements on System
17         ECRNs as part of their training or continuing
18         education, in which they perform prescribed procedures
19         under the direct supervision of a physician licensed to
20         practice medicine in all of its branches, a qualified
21         registered professional nurse or qualified EMT, only
22         when authorized by the EMS Medical Director;
23         (2) Require EMS Medical Directors to reapprove
24     Pre-Hospital RNs and ECRNs every 4 years, based on
25     compliance with continuing education requirements
26     prescribed by the Department through rules adopted

 

 

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1     pursuant to this Act;
2         (3) Allow EMS Medical Directors to grant inactive
3     status to any Pre-Hospital RN or ECRN who qualifies, based
4     on standards and procedures established by the Department
5     in rules adopted pursuant to this Act;
6         (4) Require a Pre-Hospital RN to honor Do Not
7     Resuscitate (DNR) orders and powers of attorney for health
8     care only in accordance with rules adopted by the
9     Department pursuant to this Act and protocols of the EMS
10     System in which he or she practices; .
11         (5) Charge each Pre-Hospital RN applicant and ECRN
12     applicant a fee for certification and recertification.
13 (Source: P.A. 95-639, eff. 10-5-07.)
 
14     (210 ILCS 50/3.85)
15     Sec. 3.85. Vehicle Service Providers.
16     (a) "Vehicle Service Provider" means an entity licensed by
17 the Department to provide emergency or non-emergency medical
18 services in compliance with this Act, the rules promulgated by
19 the Department pursuant to this Act, and an operational plan
20 approved by its EMS System(s), utilizing at least ambulances or
21 specialized emergency medical service vehicles (SEMSV).
22         (1) "Ambulance" means any publicly or privately owned
23     on-road vehicle that is specifically designed, constructed
24     or modified and equipped, and is intended to be used for,
25     and is maintained or operated for the emergency

 

 

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

 

 

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1         specific medical class or category of persons who are
2         sick, injured, wounded or otherwise incapacitated or
3         helpless (e.g. high-risk obstetrical patients,
4         neonatal patients).
5             (C) "Reserve Ambulance" means a vehicle that meets
6         all criteria set forth in this Section and all
7         Department rules, except for the required inventory of
8         medical supplies and durable medical equipment, which
9         may be rapidly transferred from a fully functional
10         ambulance to a reserve ambulance without the use of
11         tools or special mechanical expertise.
12     (b) The Department shall have the authority and
13 responsibility to:
14         (1) Require all Vehicle Service Providers, both
15     publicly and privately owned, to function within an EMS
16     System;
17         (2) Require a Vehicle Service Provider utilizing
18     ambulances to have a primary affiliation with an EMS System
19     within the EMS Region in which its Primary Service Area is
20     located, which is the geographic areas in which the
21     provider renders the majority of its emergency responses.
22     This requirement shall not apply to Vehicle Service
23     Providers which exclusively utilize Limited Operation
24     Vehicles;
25         (3) Establish licensing standards and requirements for
26     Vehicle Service Providers, through rules adopted pursuant

 

 

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1     to this Act, including but not limited to:
2             (A) Vehicle design, specification, operation and
3         maintenance standards, including standards for the use
4         of reserve ambulances;
5             (B) Equipment requirements;
6             (C) Staffing requirements; and
7             (D) Annual license renewal.
8         (4) License all Vehicle Service Providers that have met
9     the Department's requirements for licensure, unless such
10     Provider is owned or licensed by the federal government.
11     All Provider licenses issued by the Department shall
12     specify the level and type of each vehicle covered by the
13     license (BLS, ILS, ALS, ambulance, SEMSV, limited
14     operation vehicle, special use vehicle, reserve
15     ambulance);
16         (5) Annually inspect all licensed Vehicle Service
17     Providers, and relicense such Providers that have met the
18     Department's requirements for license renewal;
19         (6) Suspend, revoke, refuse to issue or refuse to renew
20     the license of any Vehicle Service Provider, or that
21     portion of a license pertaining to a specific vehicle
22     operated by the Provider, after an opportunity for a
23     hearing, when findings show that the Provider or one or
24     more of its vehicles has failed to comply with the
25     standards and requirements of this Act or rules adopted by
26     the Department pursuant to this Act;

 

 

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1         (7) Issue an Emergency Suspension Order for any
2     Provider or vehicle licensed under this Act, when the
3     Director or his designee has determined that an immediate
4     and serious danger to the public health, safety and welfare
5     exists. Suspension or revocation proceedings which offer
6     an opportunity for hearing shall be promptly initiated
7     after the Emergency Suspension Order has been issued;
8         (8) Exempt any licensed vehicle from subsequent
9     vehicle design standards or specifications required by the
10     Department, as long as said vehicle is continuously in
11     compliance with the vehicle design standards and
12     specifications originally applicable to that vehicle, or
13     until said vehicle's title of ownership is transferred;
14         (9) Exempt any vehicle (except an SEMSV) which was
15     being used as an ambulance on or before December 15, 1980,
16     from vehicle design standards and specifications required
17     by the Department, until said vehicle's title of ownership
18     is transferred. Such vehicles shall not be exempt from all
19     other licensing standards and requirements prescribed by
20     the Department;
21         (10) Prohibit any Vehicle Service Provider from
22     advertising, identifying its vehicles, or disseminating
23     information in a false or misleading manner concerning the
24     Provider's type and level of vehicles, location, primary
25     service area, response times, level of personnel,
26     licensure status or System participation; and

 

 

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1         (10.5) Prohibit any Vehicle Service Provider, whether
2     municipal, private, or hospital-owned, from advertising
3     itself as a critical care transport provider unless it
4     participates in a Department-approved EMS System critical
5     care transport plan; and
6         (11) Charge each Vehicle Service Provider a fee per
7     transport vehicle, to be submitted with each application
8     for licensure and license renewal. The fee per transport
9     vehicle shall be set by administrative rule by the
10     Department and shall not exceed 100 vehicles per provider ,
11     which shall not exceed $25.00 per vehicle, up to $500.00
12     per Provider.
13 (Source: P.A. 89-177, eff. 7-19-95.)
 
14     (210 ILCS 50/3.86)
15     Sec. 3.86. Stretcher van providers.
16     (a) In this Section, "stretcher van provider" means an
17 entity licensed by the Department to provide non-emergency
18 transportation of passengers on a stretcher in compliance with
19 this Act or the rules adopted by the Department pursuant to
20 this Act, utilizing stretcher vans.
21     (b) The Department has the authority and responsibility to
22 do the following:
23         (1) Require all stretcher van providers, both publicly
24     and privately owned, to be licensed by the Department.
25         (2) Establish licensing and safety standards and

 

 

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1     requirements for stretcher van providers, through rules
2     adopted pursuant to this Act, including but not limited to:
3             (A) Vehicle design, specification, operation, and
4         maintenance standards.
5             (B) Safety equipment requirements and standards.
6             (C) Staffing requirements.
7             (D) Annual license renewal.
8         (3) License all stretcher van providers that have met
9     the Department's requirements for licensure.
10         (4) Annually inspect all licensed stretcher van
11     providers, and relicense providers that have met the
12     Department's requirements for license renewal.
13         (5) Suspend, revoke, refuse to issue, or refuse to
14     renew the license of any stretcher van provider, or that
15     portion of a license pertaining to a specific vehicle
16     operated by a provider, after an opportunity for a hearing,
17     when findings show that the provider or one or more of its
18     vehicles has failed to comply with the standards and
19     requirements of this Act or the rules adopted by the
20     Department pursuant to this Act.
21         (6) Issue an emergency suspension order for any
22     provider or vehicle licensed under this Act when the
23     Director or his or her designee has determined that an
24     immediate or serious danger to the public health, safety,
25     and welfare exists. Suspension or revocation proceedings
26     that offer an opportunity for a hearing shall be promptly

 

 

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1     initiated after the emergency suspension order has been
2     issued.
3         (7) Prohibit any stretcher van provider from
4     advertising, identifying its vehicles, or disseminating
5     information in a false or misleading manner concerning the
6     provider's type and level of vehicles, location, response
7     times, level of personnel, licensure status, or EMS System
8     participation.
9         (8) Charge each stretcher van provider a fee, to be
10     submitted with each application for licensure and license
11     renewal, which shall not exceed $25 per vehicle, up to $500
12     per provider.
13     (c) A stretcher van provider may provide transport of a
14 passenger on a stretcher, provided the passenger meets all of
15 the following requirements:
16         (1) He or she needs no medical equipment, except
17     self-administered medications.
18         (2) He or she needs no medical monitoring or medical
19     observation.
20         (3) He or she needs routine transportation to or from a
21     medical appointment or service if the passenger is
22     convalescent or otherwise bed-confined and does not
23     require medical monitoring, aid, care, or treatment during
24     transport.
25     (d) A stretcher van provider may not transport a passenger
26 who meets any of the following conditions:

 

 

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1         (1) He or she is currently admitted to a hospital or is
2     being transported to a hospital for admission or emergency
3     treatment.
4         (2) He or she is acutely ill, wounded, or medically
5     unstable as determined by a licensed physician.
6         (3) He or she is experiencing an emergency medical
7     condition, an acute medical condition, an exacerbation of a
8     chronic medical condition, or a sudden illness or injury.
9         (4) He or she was administered a medication that might
10     prevent the passenger from caring for himself or herself.
11         (5) He or she was moved from one environment where
12     24-hour medical monitoring or medical observation will
13     take place by certified or licensed nursing personnel to
14     another such environment. Such environments shall include,
15     but not be limited to, hospitals licensed under the
16     Hospital Licensing Act or operated under the University of
17     Illinois Hospital Act, and nursing facilities licensed
18     under the Nursing Home Care Act.
19     (e) The Stretcher Van Licensure Fund is created as a
20 special fund within the State treasury. All fees received by
21 the Department in connection with the licensure of stretcher
22 van providers under this Section shall be deposited into the
23 fund. Moneys in the fund shall be subject to appropriation to
24 the Department for use in implementing this Section.
25 (Source: P.A. 96-702, eff. 8-25-09.)
 

 

 

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1     (210 ILCS 50/3.130)
2     Sec. 3.130. Facility, system, and equipment violations
3 Violations; Plans of Correction. Except for emergency
4 suspension orders, or actions initiated pursuant to Sections
5 3.117(a), 3.117(b), and 3.90(b)(10) of this Act, prior to
6 initiating an action for suspension, revocation, denial,
7 nonrenewal, or imposition of a fine pursuant to this Act, the
8 Department shall:
9     (a) Issue a Notice of Violation which specifies the
10 Department's allegations of noncompliance and requests a plan
11 of correction to be submitted within 10 days after receipt of
12 the Notice of Violation;
13     (b) Review and approve or reject the plan of correction. If
14 the Department rejects the plan of correction, it shall send
15 notice of the rejection and the reason for the rejection. The
16 party shall have 10 days after receipt of the notice of
17 rejection in which to submit a modified plan;
18     (c) Impose a plan of correction if a modified plan is not
19 submitted in a timely manner or if the modified plan is
20 rejected by the Department;
21     (d) Issue a Notice of Intent to fine, suspend, revoke,
22 nonrenew or deny if the party has failed to comply with the
23 imposed plan of correction, and provide the party with an
24 opportunity to request an administrative hearing. The Notice of
25 Intent shall be effected by certified mail or by personal
26 service, shall set forth the particular reasons for the

 

 

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1 proposed action, and shall provide the party with 15 days in
2 which to request a hearing.
3 (Source: P.A. 96-514, eff. 1-1-10.)
 
4     (210 ILCS 50/3.160)
5     Sec. 3.160. Employer Responsibility.
6     (a) (Blank) No employer shall employ or permit any employee
7 to perform any services for which a license, certificate or
8 other authorization is required by this Act, or by rules
9 adopted pursuant to this Act, unless and until the person so
10 employed possesses all licenses, certificates or
11 authorizations that are so required.
12     (a-5) No employer shall permit any employee to perform any
13 services for which a license, certificate, or other
14 authorization is required under this Act, unless the employer
15 first makes a good faith attempt to verify that the employee
16 possesses all necessary and valid licenses, certificates, and
17 authorizations required under this Act.
18     (b) Any person or entity that employs or supervises a
19 person's activities as a First Responder or Emergency Medical
20 Dispatcher shall cooperate with the Department's efforts to
21 monitor and enforce compliance by those individuals with the
22 requirements of this Act.
23 (Source: P.A. 89-177, eff. 7-19-95.)
 
24     (210 ILCS 50/3.175)

 

 

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1     Sec. 3.175. Criminal Penalties. Any person who violates
2 Sections 3.155(d) or (f), 3.160, 3.165 or 3.170 of this Act or
3 any rule promulgated thereto, is guilty of a Class B C
4 misdemeanor.
5 (Source: P.A. 89-177, eff. 7-19-95.)
 
6     (210 ILCS 50/3.220)
7     Sec. 3.220. EMS Assistance Fund.
8     (a) There is hereby created an "EMS Assistance Fund" within
9 the State treasury, for the purpose of receiving fines and fees
10 collected by the Illinois Department of Health pursuant to this
11 Act.
12     (b) (Blank) EMT licensure examination fees collected shall
13 be distributed by the Department to the Resource Hospital of
14 the EMS System in which the EMT candidate was educated, to be
15 used for educational and related expenses incurred by the
16 System's hospitals, as identified in the EMS System Program
17 Plan.
18     (b-5) All licensing, testing, and certification fees
19 authorized by this Act, excluding ambulance licensure fees,
20 within this fund shall be used by the Department for
21 administration, oversight, and enforcement of activities
22 authorized under this Act.
23     (c) All other moneys within this fund shall be distributed
24 by the Department to the EMS Regions for disbursement in
25 accordance with protocols established in the EMS Region Plans,

 

 

HB5183 Enrolled - 40 - LRB096 16642 KTG 31923 b

1 for the purposes of organization, development and improvement
2 of Emergency Medical Services Systems, including but not
3 limited to training of personnel and acquisition, modification
4 and maintenance of necessary supplies, equipment and vehicles.
5     (d) All fees and fines collected pursuant to this Act shall
6 be deposited into the EMS Assistance Fund, except that all fees
7 collected under Section 3.86 in connection with the licensure
8 of stretcher van providers shall be deposited into the
9 Stretcher Van Licensure Fund.
10 (Source: P.A. 96-702, eff. 8-25-09.)
 
11     Section 99. Effective date. This Act takes effect January
12 1, 2011.