Full Text of HB2431 102nd General Assembly
HB2431sam002 102ND GENERAL ASSEMBLY | Sen. David Koehler Filed: 10/25/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2431
| 2 | | AMENDMENT NO. ______. Amend House Bill 2431, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Administrative Procedure Act is | 6 | | amended by adding Section 5-45.20 as follows: | 7 | | (5 ILCS 100/5-45.20 new) | 8 | | Sec. 5-45.20. Emergency rulemaking; Department of Public | 9 | | Health. To provide for the expeditious and timely | 10 | | implementation of the provisions of Sections 3.50 of the | 11 | | Emergency Medical Services (EMS) Systems Act, emergency rules | 12 | | implementing the changes made to Sections 3.50 of the | 13 | | Emergency Medical Services (EMS) Systems Act by this | 14 | | amendatory Act of the 102nd General Assembly may be adopted by | 15 | | the Department of Public Health in accordance with Section | 16 | | 5-45. The adoption of emergency rules authorized by Section |
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| 1 | | 5-45 and this Section is deemed to be necessary for the public | 2 | | interest, safety, and welfare. | 3 | | Section 10. The Emergency Medical Services (EMS) Systems | 4 | | Act is amended by changing Sections 3.50 and 3.85 as follows:
| 5 | | (210 ILCS 50/3.50)
| 6 | | Sec. 3.50. Emergency Medical Services personnel licensure | 7 | | levels.
| 8 | | (a) "Emergency Medical Technician" or
"EMT" means a person | 9 | | who has successfully completed a course in basic life support
| 10 | | as approved by the
Department, is currently licensed by the | 11 | | Department in
accordance with standards prescribed by this Act | 12 | | and rules
adopted by the Department pursuant to this Act, and | 13 | | practices within an EMS
System. A valid Emergency Medical | 14 | | Technician-Basic (EMT-B) license issued under this Act shall | 15 | | continue to be valid and shall be recognized as an Emergency | 16 | | Medical Technician (EMT) license until the Emergency Medical | 17 | | Technician-Basic (EMT-B) license expires.
| 18 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | 19 | | means a person who has successfully completed a
course in | 20 | | intermediate life support
as approved
by the Department, is | 21 | | currently licensed by the
Department in accordance with | 22 | | standards prescribed by this
Act and rules adopted by the | 23 | | Department pursuant to this
Act, and practices within an | 24 | | Intermediate or Advanced
Life Support EMS System.
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| 1 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | 2 | | means a person who has successfully completed a course in | 3 | | basic and limited advanced emergency medical care as approved | 4 | | by the Department, is currently licensed by the Department in | 5 | | accordance with standards prescribed by this Act and rules | 6 | | adopted by the Department pursuant to this Act, and practices | 7 | | within an Intermediate or Advanced Life Support EMS System. | 8 | | (c) "Paramedic (EMT-P)" means a person who
has | 9 | | successfully completed a
course in advanced life support care
| 10 | | as approved
by the Department, is licensed by the Department
| 11 | | in accordance with standards prescribed by this Act and
rules | 12 | | adopted by the Department pursuant to this Act, and
practices | 13 | | within an Advanced Life Support EMS System. A valid Emergency | 14 | | Medical Technician-Paramedic (EMT-P) license issued under this | 15 | | Act shall continue to be valid and shall be recognized as a | 16 | | Paramedic license until the Emergency Medical | 17 | | Technician-Paramedic (EMT-P) license expires.
| 18 | | (c-5) "Emergency Medical Responder" or "EMR (First | 19 | | Responder)" means a person who has successfully completed a | 20 | | course in emergency medical response as approved by the | 21 | | Department and provides emergency medical response services in | 22 | | accordance with the level of care established by the National | 23 | | EMS Educational Standards Emergency Medical Responder course | 24 | | as modified by the Department, or who provides services as | 25 | | part of an EMS System response plan, as approved by the | 26 | | Department, of that EMS System. The Department shall have the |
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| 1 | | authority to adopt rules governing the curriculum, practice, | 2 | | and necessary equipment applicable to Emergency Medical | 3 | | Responders. | 4 | | On August 15, 2014 (the effective date of Public Act | 5 | | 98-973), a person who is licensed by the Department as a First | 6 | | Responder and has completed a Department-approved course in | 7 | | first responder defibrillator training based on, or equivalent | 8 | | to, the National EMS Educational Standards or other standards | 9 | | previously recognized by the Department shall be eligible for | 10 | | licensure as an Emergency Medical Responder upon meeting the | 11 | | licensure requirements and submitting an application to the | 12 | | Department. A valid First Responder license issued under this | 13 | | Act shall continue to be valid and shall be recognized as an | 14 | | Emergency Medical Responder license until the First Responder | 15 | | license expires. | 16 | | (c-10) All EMS Systems and licensees shall be fully | 17 | | compliant with the National EMS Education Standards, as | 18 | | modified by the Department in administrative rules, within 24 | 19 | | months after the adoption of the administrative rules. | 20 | | (d) The Department shall have the authority and
| 21 | | responsibility to:
| 22 | | (1) Prescribe education and training requirements, | 23 | | which
includes training in the use of epinephrine,
for all | 24 | | levels of EMS personnel except for EMRs, based on the | 25 | | National EMS Educational Standards
and any modifications | 26 | | to those curricula specified by the
Department through |
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| 1 | | rules adopted pursuant to this Act.
| 2 | | (1.5) Adopt rules permitting immediate reciprocity to | 3 | | all EMS personnel who have received a certification issued | 4 | | by the National Registry of Emergency Medical Technicians, | 5 | | allowing such individuals to operate in a provisional | 6 | | status until the Illinois license is issued. To operate as | 7 | | EMS personnel on provisional status, an individual must | 8 | | have applied for licensure with the Department and meet | 9 | | all requirements for licensure under this Act. | 10 | | (2) Prescribe licensure testing requirements
for all | 11 | | levels of EMS personnel, which shall include a requirement | 12 | | that
all phases of instruction, training, and field | 13 | | experience be
completed before taking the appropriate | 14 | | licensure examination.
Candidates may elect to take the | 15 | | appropriate National Registry examination in lieu of the
| 16 | | Department's examination, but are responsible for making
| 17 | | their own arrangements for taking the National Registry
| 18 | | examination. In prescribing licensure testing requirements | 19 | | for honorably discharged members of the armed forces of | 20 | | the United States under this paragraph (2), the Department | 21 | | shall ensure that a candidate's military emergency medical | 22 | | training, emergency medical curriculum completed, and | 23 | | clinical experience, as described in paragraph (2.5), are | 24 | | recognized.
| 25 | | (2.5) Review applications for EMS personnel licensure | 26 | | from
honorably discharged members of the armed forces of |
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| 1 | | the United States with military emergency medical | 2 | | training. Applications shall be filed with the Department | 3 | | within one year after military discharge and shall | 4 | | contain: (i) proof of successful completion of military | 5 | | emergency medical training; (ii) a detailed description of | 6 | | the emergency medical curriculum completed; and (iii) a | 7 | | detailed description of the applicant's clinical | 8 | | experience. The Department may request additional and | 9 | | clarifying information. The Department shall evaluate the | 10 | | application, including the applicant's training and | 11 | | experience, consistent with the standards set forth under | 12 | | subsections (a), (b), (c), and (d) of Section 3.10. If the | 13 | | application clearly demonstrates that the training and | 14 | | experience meet such standards, the Department shall offer | 15 | | the applicant the opportunity to successfully complete a | 16 | | Department-approved EMS personnel examination for the | 17 | | level of license for which the applicant is qualified. | 18 | | Upon passage of an examination, the Department shall issue | 19 | | a license, which shall be subject to all provisions of | 20 | | this Act that are otherwise applicable to the level of EMS | 21 | | personnel
license issued. | 22 | | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| 23 | | or Paramedic who have met the Department's education, | 24 | | training and
examination requirements.
| 25 | | (4) Prescribe annual continuing education and
| 26 | | relicensure requirements for all EMS personnel licensure
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| 1 | | levels.
| 2 | | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | 3 | | A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, | 4 | | based on their compliance with
continuing education and | 5 | | relicensure requirements as required by the Department | 6 | | pursuant to this Act. Every 4 years, a Paramedic shall | 7 | | have 100 hours of approved continuing education, an EMT-I | 8 | | and an advanced EMT shall have 80 hours of approved | 9 | | continuing education, and an EMT shall have 60 hours of | 10 | | approved continuing education. An Illinois licensed EMR, | 11 | | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or | 12 | | PHRN whose license has been expired for less than 36 | 13 | | months may apply for reinstatement by the Department. | 14 | | Reinstatement shall require that the applicant (i) submit | 15 | | satisfactory proof of completion of continuing medical | 16 | | education and clinical requirements to be prescribed by | 17 | | the Department in an administrative rule; (ii) submit a | 18 | | positive recommendation from an Illinois EMS Medical | 19 | | Director attesting to the applicant's qualifications for | 20 | | retesting; and (iii) pass a Department approved test for | 21 | | the level of EMS personnel license sought to be | 22 | | reinstated.
| 23 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | 24 | | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
| 25 | | qualifies, based on standards and procedures established | 26 | | by
the Department in rules adopted pursuant to this Act.
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| 1 | | (7) Charge a fee for EMS personnel examination, | 2 | | licensure, and license renewal.
| 3 | | (8) Suspend, revoke, or refuse to issue or renew the
| 4 | | license of any licensee, after an opportunity for an | 5 | | impartial hearing before a neutral administrative law | 6 | | judge appointed by the Director, where the preponderance | 7 | | of the evidence shows one or more of the following:
| 8 | | (A) The licensee has not met continuing
education | 9 | | or relicensure requirements as prescribed by the | 10 | | Department;
| 11 | | (B) The licensee has failed to maintain
| 12 | | proficiency in the level of skills for which he or she | 13 | | is licensed;
| 14 | | (C) The licensee, during the provision of
medical | 15 | | services, engaged in dishonorable, unethical, or
| 16 | | unprofessional conduct of a character likely to | 17 | | deceive,
defraud, or harm the public;
| 18 | | (D) The licensee has failed to maintain or
has | 19 | | violated standards of performance and conduct as | 20 | | prescribed
by the Department in rules adopted pursuant | 21 | | to this Act or
his or her EMS System's Program Plan;
| 22 | | (E) The licensee is physically impaired to
the | 23 | | extent that he or she cannot physically perform the | 24 | | skills and
functions for which he or she is licensed, | 25 | | as verified by a
physician, unless the person is on | 26 | | inactive status pursuant
to Department regulations;
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| 1 | | (F) The licensee is mentally impaired to the
| 2 | | extent that he or she cannot exercise the appropriate | 3 | | judgment,
skill and safety for performing the | 4 | | functions for which he
or she is licensed, as verified | 5 | | by a physician, unless the person
is on inactive | 6 | | status pursuant to Department regulations;
| 7 | | (G) The licensee has violated this Act or any
rule | 8 | | adopted by the Department pursuant to this Act; or | 9 | | (H) The licensee has been convicted (or entered a | 10 | | plea of guilty or nolo contendere) by a court of | 11 | | competent jurisdiction of a Class X, Class 1, or Class | 12 | | 2 felony in this State or an out-of-state equivalent | 13 | | offense. | 14 | | (9) Prescribe education and training requirements in | 15 | | the administration and use of opioid antagonists for all | 16 | | levels of EMS personnel based on the National EMS | 17 | | Educational Standards and any modifications to those | 18 | | curricula specified by the Department through rules | 19 | | adopted pursuant to this Act. | 20 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | 21 | | PHAPRN, PHPA, or PHRN who is a member of the Illinois National | 22 | | Guard or an Illinois State Trooper or who exclusively serves | 23 | | as a volunteer for units of local government with a population | 24 | | base of less than 5,000 or as a volunteer
for a not-for-profit | 25 | | organization that serves a service area
with a population base | 26 | | of less than 5,000 may submit an application to the Department |
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| 1 | | for a waiver of the fees described under paragraph (7) of | 2 | | subsection (d) of this Section on a form prescribed by the | 3 | | Department. | 4 | | The education requirements prescribed by the Department | 5 | | under this Section must allow for the suspension of those | 6 | | requirements in the case of a member of the armed services or | 7 | | reserve forces of the United States or a member of the Illinois | 8 | | National Guard who is on active duty pursuant to an executive | 9 | | order of the President of the United States, an act of the | 10 | | Congress of the United States, or an order of the Governor at | 11 | | the time that the member would otherwise be required to | 12 | | fulfill a particular education requirement. Such a person must | 13 | | fulfill the education requirement within 6 months after his or | 14 | | her release from active duty.
| 15 | | (e) In the event that any rule of the
Department or an EMS | 16 | | Medical Director that requires testing for drug
use as a | 17 | | condition of the applicable EMS personnel license conflicts | 18 | | with or
duplicates a provision of a collective bargaining | 19 | | agreement
that requires testing for drug use, that rule shall | 20 | | not
apply to any person covered by the collective bargaining
| 21 | | agreement.
| 22 | | (f) At the time of applying for or renewing his or her | 23 | | license, an applicant for a license or license renewal may | 24 | | submit an email address to the Department. The Department | 25 | | shall keep the email address on file as a form of contact for | 26 | | the individual. The Department shall send license renewal |
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| 1 | | notices electronically and by mail to a licensee who provides | 2 | | the Department with his or her email address. The notices | 3 | | shall be sent at least 60 days prior to the expiration date of | 4 | | the license. | 5 | | (Source: P.A. 101-81, eff. 7-12-19; 101-153, eff. 1-1-20; | 6 | | 102-558, eff. 8-20-21; 102-623, eff. 8-27-21.)
| 7 | | (210 ILCS 50/3.85)
| 8 | | Sec. 3.85. Vehicle Service Providers.
| 9 | | (a) "Vehicle Service Provider" means an entity
licensed by | 10 | | the Department to provide emergency or
non-emergency medical | 11 | | services in compliance with this Act,
the rules promulgated by | 12 | | the Department pursuant to this
Act, and an operational plan | 13 | | approved by its EMS System(s),
utilizing at least ambulances | 14 | | or specialized emergency
medical service vehicles (SEMSV).
| 15 | | (1) "Ambulance" means any publicly or
privately owned | 16 | | on-road vehicle that is specifically designed,
constructed | 17 | | or modified and equipped, and is intended to be
used for, | 18 | | and is maintained or operated for the emergency
| 19 | | transportation of persons who are sick, injured, wounded | 20 | | or
otherwise incapacitated or helpless, or the | 21 | | non-emergency
medical transportation of persons who | 22 | | require the presence
of medical personnel to monitor the | 23 | | individual's condition
or medical apparatus being used on | 24 | | such individuals.
| 25 | | (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
| 7 | | responsibility 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 | 13 | | System
within the EMS Region in which its Primary Service | 14 | | Area is
located, which is the geographic areas in which | 15 | | the provider
renders the majority of its emergency | 16 | | responses. This
requirement shall not apply to Vehicle | 17 | | Service Providers
which exclusively utilize Limited | 18 | | Operation 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 | 3 | | years. | 4 | | The Department's standards and requirements with | 5 | | respect to vehicle staffing for private, nonpublic local | 6 | | government employers must allow for alternative staffing | 7 | | models that include an EMR who
drives an ambulance with a | 8 | | licensed EMT, EMT-I, A-EMT,
Paramedic, or PHRN, as | 9 | | appropriate, in the patient
compartment providing care to | 10 | | the patient pursuant to the approval of the EMS System | 11 | | Program Plan developed and approved by the EMS Medical | 12 | | Director for an EMS System. The Department shall monitor | 13 | | the implementation and performance of alternative staffing | 14 | | models and may issue a notice of termination of an | 15 | | alternative staffing model only upon evidence that an EMS | 16 | | System Program Plan is not being adhered to. | 17 | | An EMS System Program Plan for a Basic Life Support | 18 | | transport
utilizing an EMR and an EMT shall include the
| 19 | | following: | 20 | | (A) Alternative staffing models for a Basic Life | 21 | | Support transport utilizing an EMR and an EMT shall | 22 | | only be utilized for interfacility Basic Life Support | 23 | | transports and medical appointments, excluding any | 24 | | transport to or from a dialysis center. | 25 | | (B) Protocols that shall include dispatch | 26 | | procedures to properly screen and assess patients for |
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| 1 | | EMR-staffed and EMT-staffed Basic Life Support | 2 | | transport. | 3 | | (C) A requirement that a provider shall implement | 4 | | a quality assurance plan with mechanisms outlined to | 5 | | audit dispatch screening and the outcome of transports | 6 | | performed. | 7 | | (D) The EMT shall have at least one year of | 8 | | experience in performance of pre-hospital emergency | 9 | | care. | 10 | | (E) The licensed EMR must complete a defensive | 11 | | driving course prior to participation in the | 12 | | Department's alternative staffing model. | 13 | | (F) The length of the EMS System Program Plan for a | 14 | | Basic Life Support transport
utilizing an EMR and an | 15 | | EMT shall be for one year, and must be renewed annually | 16 | | if proof of the criteria being met is submitted, | 17 | | validated, and approved by the EMS Medical Director | 18 | | for the EMS System and the Department. | 19 | | Until October 1, 2022, the Department must require | 20 | | each EMS System Program Plan to permit the utilization of | 21 | | alternative staffing models for use of an EMR as the | 22 | | driver and an EMT in the patient compartment for basic | 23 | | life support services, an EMR as the driver and a | 24 | | paramedic in the patient compartment for advanced life | 25 | | support services, and an EMR as the driver and appropriate | 26 | | critical care transport staffing in the patient |
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| 1 | | compartment for critical care transport services. Each EMS | 2 | | System Program Plan shall be required to implement | 3 | | alternative staffing models no later than January 1, 2022. | 4 | | Local governments and local government employees who | 5 | | provide EMS services are not required to implement | 6 | | alternative staffing models. | 7 | | The Department must allow for an alternative rural | 8 | | staffing model for those vehicle service providers that | 9 | | serve a rural or semi-rural population of 10,000 or fewer | 10 | | inhabitants and exclusively uses volunteers, paid-on-call, | 11 | | or a combination thereof.
| 12 | | (4) License all Vehicle Service Providers
that have | 13 | | met the Department's requirements for licensure, unless
| 14 | | such Provider is owned or licensed by the federal
| 15 | | government. All Provider licenses issued by the Department
| 16 | | shall specify the level and type of each vehicle covered | 17 | | by
the license (BLS, ILS, ALS, ambulance, SEMSV, limited
| 18 | | operation vehicle, special use vehicle, reserve | 19 | | ambulance).
| 20 | | (5) Annually inspect all licensed vehicles operated by | 21 | | Vehicle
Service Providers.
| 22 | | (6) Suspend, revoke, refuse to issue or refuse to
| 23 | | renew the license of any Vehicle Service Provider, or that
| 24 | | portion of a license pertaining to a specific vehicle
| 25 | | operated by the Provider, after an opportunity for a
| 26 | | hearing, when findings show that the Provider or one or |
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| 1 | | more
of its vehicles has failed to comply with the | 2 | | standards and
requirements of this Act or rules adopted by | 3 | | the Department
pursuant to this Act.
| 4 | | (7) Issue an Emergency Suspension Order for
any | 5 | | Provider or vehicle licensed under this Act, when the
| 6 | | Director or his designee has determined that an immediate
| 7 | | and serious danger to the public health, safety and | 8 | | welfare
exists. Suspension or revocation proceedings which | 9 | | offer an
opportunity for hearing shall be promptly | 10 | | initiated after
the Emergency Suspension Order has been | 11 | | issued.
| 12 | | (8) Exempt any licensed vehicle from
subsequent | 13 | | vehicle design standards or specifications required by the
| 14 | | Department, as long as said vehicle is continuously in
| 15 | | compliance with the vehicle design standards and
| 16 | | specifications originally applicable to that vehicle, or
| 17 | | until said vehicle's title of ownership is transferred.
| 18 | | (9) Exempt any vehicle (except an SEMSV)
which was | 19 | | being used as an ambulance on or before December 15,
1980, | 20 | | from vehicle design standards and specifications
required | 21 | | by the Department, until said vehicle's title of
ownership | 22 | | is transferred. Such vehicles shall not be exempt
from all | 23 | | other licensing standards and requirements
prescribed by | 24 | | the Department.
| 25 | | (10) Prohibit any Vehicle Service Provider
from | 26 | | advertising, identifying its vehicles, or disseminating
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| 1 | | information in a false or misleading manner concerning the
| 2 | | Provider's type and level of vehicles, location, primary
| 3 | | service area, response times, level of personnel, | 4 | | licensure
status or System participation.
| 5 | | (10.5) Prohibit any Vehicle Service Provider, whether | 6 | | municipal, private, or hospital-owned, from advertising | 7 | | itself as a critical care transport provider unless it | 8 | | participates in a Department-approved EMS System critical | 9 | | care transport plan.
| 10 | | (11) Charge each Vehicle Service Provider a
fee per | 11 | | transport vehicle, due annually at time of inspection. The | 12 | | fee per transport vehicle shall be set by administrative | 13 | | rule by the Department and shall not exceed 100 vehicles | 14 | | per provider.
| 15 | | (Source: P.A. 102-623, eff. 8-27-21.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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