Full Text of HB3255 97th General Assembly
HB3255ham004 97TH GENERAL ASSEMBLY | Rep. Donald L. Moffitt Filed: 4/6/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3255
| 2 | | AMENDMENT NO. ______. Amend House Bill 3255, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Emergency Medical Services (EMS) Systems | 6 | | Act is amended by changing Section 3.50 as follows:
| 7 | | (210 ILCS 50/3.50)
| 8 | | Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
| 9 | | (a) "Emergency Medical Technician-Basic" or
"EMT-B" means | 10 | | a person who has successfully completed a course of
instruction | 11 | | in basic life support
as prescribed by the
Department, is | 12 | | currently 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 EMS
| 15 | | System.
| 16 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" |
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| 1 | | means a person who has successfully completed a
course of | 2 | | instruction in intermediate life support
as
prescribed by the | 3 | | Department, is currently licensed by the
Department in | 4 | | accordance with standards prescribed by this
Act and rules | 5 | | adopted by the Department pursuant to this
Act, and practices | 6 | | within an Intermediate or Advanced
Life Support EMS System.
| 7 | | (c) "Emergency Medical Technician-Paramedic" or "EMT-P" | 8 | | means a person who
has successfully completed a
course of | 9 | | instruction in advanced life support care
as
prescribed by the | 10 | | Department, is licensed by the Department
in accordance with | 11 | | standards prescribed by this Act and
rules adopted by the | 12 | | Department pursuant to this Act, and
practices within an | 13 | | Advanced Life Support EMS System.
| 14 | | (d) The Department shall have the authority and
| 15 | | responsibility to:
| 16 | | (1) Prescribe education and training requirements, | 17 | | which
includes training in the use of epinephrine,
for all | 18 | | levels of EMT, based on the respective national
curricula | 19 | | of the United States Department of Transportation
and any | 20 | | modifications to such curricula specified by the
| 21 | | Department through rules adopted pursuant to this Act.
| 22 | | (2) Prescribe licensure testing requirements
for all | 23 | | levels of EMT, which shall include a requirement that
all | 24 | | phases of instruction, training, and field experience be
| 25 | | completed before taking the EMT licensure examination.
| 26 | | Candidates may elect to take the National Registry of
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| 1 | | Emergency Medical Technicians examination in lieu of the
| 2 | | Department's examination, but are responsible for making
| 3 | | their own arrangements for taking the National Registry
| 4 | | examination.
| 5 | | (2.5) Review applications for EMT licensure from
| 6 | | honorably discharged members of the armed forces of the | 7 | | United States with military emergency medical training. | 8 | | Applications shall be filed with the Department within one | 9 | | year after military discharge and shall contain: (i) proof | 10 | | of successful completion of military emergency medical | 11 | | training; (ii) a detailed description of the emergency | 12 | | medical curriculum completed; and (iii) a detailed | 13 | | description of the applicant's clinical experience. The | 14 | | Department may request additional and clarifying | 15 | | information. The Department shall evaluate the | 16 | | application, including the applicant's training and | 17 | | experience, consistent with the standards set forth under | 18 | | subsections (a), (b), (c), and (d) of Section 3.10. If the | 19 | | application clearly demonstrates that the training and | 20 | | experience meets such standards, the Department shall | 21 | | offer the applicant the opportunity to successfully | 22 | | complete a Department-approved
EMT examination for which | 23 | | the applicant is qualified. Upon passage of an examination, | 24 | | the Department shall issue a license, which shall be | 25 | | subject to all provisions of this Act that are otherwise | 26 | | applicable to the class of EMT
license issued.
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| 1 | | (3) License individuals as an EMT-B, EMT-I,
or EMT-P | 2 | | who have met the Department's education, training and
| 3 | | examination requirements.
| 4 | | (4) Prescribe annual continuing education and
| 5 | | relicensure requirements for all levels of EMT.
| 6 | | (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P | 7 | | every 4 years, based on their compliance with
continuing | 8 | | education and relicensure requirements. An Illinois | 9 | | licensed Emergency Medical Technician whose license has | 10 | | been expired for less than 36 months may apply for | 11 | | reinstatement by the Department. Reinstatement shall | 12 | | require that the applicant (i) submit satisfactory proof of | 13 | | completion of continuing medical education and clinical | 14 | | requirements to be prescribed by the Department in an | 15 | | administrative rule; (ii) submit a positive recommendation | 16 | | from an Illinois EMS Medical Director attesting to the | 17 | | applicant's qualifications for retesting; and (iii) pass a | 18 | | Department approved test for the level of EMT license | 19 | | sought to be reinstated.
| 20 | | (6) Grant inactive status to any EMT who
qualifies, | 21 | | based on standards and procedures established by
the | 22 | | Department in rules adopted pursuant to this Act.
| 23 | | (7) Charge a fee for EMT examination, licensure, and | 24 | | license renewal.
| 25 | | (8) Suspend, revoke, or refuse to issue or renew the
| 26 | | license of any licensee, after an opportunity for an |
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| 1 | | impartial hearing before a neutral administrative law | 2 | | judge appointed by the Director, where the preponderance of | 3 | | the evidence shows one or more of the following:
| 4 | | (A) The licensee has not met continuing
education | 5 | | or relicensure requirements as prescribed by the | 6 | | Department;
| 7 | | (B) The licensee has failed to maintain
| 8 | | proficiency in the level of skills for which he or she | 9 | | is licensed;
| 10 | | (C) The licensee, during the provision of
medical | 11 | | services, engaged in dishonorable, unethical, or
| 12 | | unprofessional conduct of a character likely to | 13 | | deceive,
defraud, or harm the public;
| 14 | | (D) The licensee has failed to maintain or
has | 15 | | violated standards of performance and conduct as | 16 | | prescribed
by the Department in rules adopted pursuant | 17 | | to this Act or
his or her EMS System's Program Plan;
| 18 | | (E) The licensee is physically impaired to
the | 19 | | extent that he or she cannot physically perform the | 20 | | skills and
functions for which he or she is licensed, | 21 | | as verified by a
physician, unless the person is on | 22 | | inactive status pursuant
to Department regulations;
| 23 | | (F) The licensee is mentally impaired to the
extent | 24 | | that he or she cannot exercise the appropriate | 25 | | judgment,
skill and safety for performing the | 26 | | functions for which he
or she is licensed, as verified |
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| 1 | | by a physician, unless the person
is on inactive status | 2 | | pursuant to Department regulations;
| 3 | | (G) The licensee has violated this Act or any
rule | 4 | | adopted by the Department pursuant to this Act; or | 5 | | (H) The licensee has been convicted (or entered a | 6 | | plea of guilty or nolo-contendere) by a court of | 7 | | competent jurisdiction of a Class X, Class 1, or Class | 8 | | 2 felony in this State or an out-of-state equivalent | 9 | | offense. | 10 | | (9) An EMT who is an Illinois State Trooper or | 11 | | exclusively serves as a volunteer for units of local | 12 | | government with a population base of less than 5,000 or as | 13 | | a volunteer
for a not-for-profit organization that serves a | 14 | | service area
with a population base of less than 5,000 may | 15 | | submit an application to the Department for a waiver of | 16 | | these fees on a form prescribed by the Department. | 17 | | The education requirements prescribed by the Department | 18 | | under this subsection must allow for the suspension of those | 19 | | requirements in the case of a member of the armed services or | 20 | | reserve forces of the United States or a member of the Illinois | 21 | | National Guard who is on active duty pursuant to an executive | 22 | | order of the President of the United States, an act of the | 23 | | Congress of the United States, or an order of the Governor at | 24 | | the time that the member would otherwise be required to fulfill | 25 | | a particular education requirement. Such a person must fulfill | 26 | | the education requirement within 6 months after his or her |
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| 1 | | release from active duty.
| 2 | | (e) In the event that any rule of the
Department or an EMS | 3 | | Medical Director that requires testing for drug
use as a | 4 | | condition for EMT licensure conflicts with or
duplicates a | 5 | | provision of a collective bargaining agreement
that requires | 6 | | testing for drug use, that rule shall not
apply to any person | 7 | | covered by the collective bargaining
agreement.
| 8 | | (Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10; | 9 | | 96-1469, eff. 1-1-11; revised 9-16-10.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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