Full Text of HB0628 102nd General Assembly
HB0628 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0628 Introduced 2/8/2021, by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED: |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Emergency Medical Services (EMS) Systems | 5 | | Act 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 | 9 | | the Department to provide emergency or
non-emergency medical | 10 | | services in compliance with this Act,
the rules promulgated by | 11 | | the Department pursuant to this
Act, and an operational plan | 12 | | approved by its EMS System(s),
utilizing at least ambulances | 13 | | or 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
| 8 | | responsibility 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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| 1 | | 98-452, eff. 1-1-14.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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