Full Text of HB5085 103rd General Assembly
HB5085sam001 103RD GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 5/3/2024 | | 10300HB5085sam001 | | LRB103 38312 LNS 72971 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5085
| 2 | | AMENDMENT NO. ______. Amend House Bill 5085 on page 1, | 3 | | line 5, after "3.35,", by inserting "3.50,"; and | 4 | | on page 7, immediately below line 17, by inserting the | 5 | | following: | 6 | | "(210 ILCS 50/3.50) | 7 | | Sec. 3.50. Emergency Medical Services personnel licensure | 8 | | levels. | 9 | | (a) "Emergency Medical Technician" or "EMT" means a person | 10 | | who has successfully completed a course in basic life support | 11 | | as approved by the Department, is currently licensed by the | 12 | | Department in accordance with standards prescribed by this Act | 13 | | and rules adopted by the Department pursuant to this Act, and | 14 | | practices within an EMS System. A valid Emergency Medical | 15 | | Technician-Basic (EMT-B) license issued under this Act shall | 16 | | continue to be valid and shall be recognized as an Emergency |
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| 1 | | Medical Technician (EMT) license until the Emergency Medical | 2 | | Technician-Basic (EMT-B) license expires. | 3 | | (b) "Emergency Medical Technician-Intermediate" or "EMT-I" | 4 | | means a person who has successfully completed a course in | 5 | | intermediate life support as approved by the Department, is | 6 | | currently licensed by the Department in accordance with | 7 | | standards prescribed by this Act and rules adopted by the | 8 | | Department pursuant to this Act, and practices within an | 9 | | Intermediate or Advanced Life Support EMS System. | 10 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | 11 | | means a person who has successfully completed a course in | 12 | | basic and limited advanced emergency medical care as approved | 13 | | by the Department, is currently licensed by the Department in | 14 | | accordance with standards prescribed by this Act and rules | 15 | | adopted by the Department pursuant to this Act, and practices | 16 | | within an Intermediate or Advanced Life Support EMS System. | 17 | | (c) "Paramedic (EMT-P)" means a person who has | 18 | | successfully completed a course in advanced life support care | 19 | | as approved by the Department, is licensed by the Department | 20 | | in accordance with standards prescribed by this Act and rules | 21 | | adopted by the Department pursuant to this Act, and practices | 22 | | within an Advanced Life Support EMS System. A valid Emergency | 23 | | Medical Technician-Paramedic (EMT-P) license issued under this | 24 | | Act shall continue to be valid and shall be recognized as a | 25 | | Paramedic license until the Emergency Medical | 26 | | Technician-Paramedic (EMT-P) license expires. |
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| 1 | | (c-5) "Emergency Medical Responder" or "EMR (First | 2 | | Responder)" means a person who has successfully completed a | 3 | | course in emergency medical response as approved by the | 4 | | Department and provides emergency medical response services in | 5 | | accordance with the level of care established by the National | 6 | | EMS Educational Standards Emergency Medical Responder course | 7 | | as modified by the Department, or who provides services as | 8 | | part of an EMS System response plan, as approved by the | 9 | | Department, of that EMS System. The Department shall have the | 10 | | authority to adopt rules governing the curriculum, practice, | 11 | | and necessary equipment applicable to Emergency Medical | 12 | | Responders. With respect to testing to obtain licensure as an | 13 | | Emergency Medical Responder, the Department must allow for an | 14 | | EMS Medical Director, at his or her discretion, to use a test | 15 | | approved by the EMS Medical Director and administered by his | 16 | | or her designee, in addition to any other testing options made | 17 | | available in rules adopted by the Department. | 18 | | On August 15, 2014 (the effective date of Public Act | 19 | | 98-973), a person who is licensed by the Department as a First | 20 | | Responder and has completed a Department-approved course in | 21 | | first responder defibrillator training based on, or equivalent | 22 | | to, the National EMS Educational Standards or other standards | 23 | | previously recognized by the Department shall be eligible for | 24 | | licensure as an Emergency Medical Responder upon meeting the | 25 | | licensure requirements and submitting an application to the | 26 | | Department. A valid First Responder license issued under this |
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| 1 | | Act shall continue to be valid and shall be recognized as an | 2 | | Emergency Medical Responder license until the First Responder | 3 | | license expires. | 4 | | (c-10) All EMS Systems and licensees shall be fully | 5 | | compliant with the National EMS Education Standards, as | 6 | | modified by the Department in administrative rules, within 24 | 7 | | months after the adoption of the administrative rules. | 8 | | (d) The Department shall have the authority and | 9 | | responsibility to: | 10 | | (1) Prescribe education and training requirements, | 11 | | which includes training in the use of epinephrine, for all | 12 | | levels of EMS personnel except for EMRs, based on the | 13 | | National EMS Educational Standards and any modifications | 14 | | to those curricula specified by the Department through | 15 | | rules adopted pursuant to this Act. | 16 | | (2) Prescribe licensure testing requirements for all | 17 | | levels of EMS personnel, which shall include a requirement | 18 | | that all phases of instruction, training, and field | 19 | | experience be completed before taking the appropriate | 20 | | licensure examination. Candidates may elect to take the | 21 | | appropriate National Registry examination in lieu of the | 22 | | Department's examination, but are responsible for making | 23 | | their own arrangements for taking the National Registry | 24 | | examination. In prescribing licensure testing requirements | 25 | | for honorably discharged members of the armed forces of | 26 | | the United States under this paragraph (2), the Department |
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| 1 | | shall ensure that a candidate's military emergency medical | 2 | | training, emergency medical curriculum completed, and | 3 | | clinical experience, as described in paragraph (2.5), are | 4 | | recognized. | 5 | | (2.5) Review applications for EMS personnel licensure | 6 | | from honorably discharged members of the armed forces of | 7 | | the United States with military emergency medical | 8 | | training. Applications shall be filed with the Department | 9 | | within one year after military discharge and shall | 10 | | contain: (i) proof of successful completion of military | 11 | | emergency medical training; (ii) a detailed description of | 12 | | the emergency medical curriculum completed; and (iii) a | 13 | | detailed description of the applicant's clinical | 14 | | experience. The Department may request additional and | 15 | | clarifying 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 meet such standards, the Department shall offer | 21 | | the applicant the opportunity to successfully complete a | 22 | | Department-approved EMS personnel examination for the | 23 | | level of license for which the applicant is qualified. | 24 | | Upon passage of an examination, the Department shall issue | 25 | | a license, which shall be subject to all provisions of | 26 | | this Act that are otherwise applicable to the level of EMS |
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| 1 | | personnel license issued. | 2 | | (3) License individuals as an EMR, EMT, EMT-I, A-EMT, | 3 | | or Paramedic who have met the Department's education, | 4 | | training and examination requirements. | 5 | | (4) Prescribe annual continuing education and | 6 | | relicensure requirements for all EMS personnel licensure | 7 | | levels. | 8 | | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | 9 | | A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years, | 10 | | based on their compliance with continuing education and | 11 | | relicensure requirements as required by the Department | 12 | | pursuant to this Act. Every 4 years, a Paramedic shall | 13 | | have 100 hours of approved continuing education, an EMT-I | 14 | | and an advanced EMT shall have 80 hours of approved | 15 | | continuing education, and an EMT shall have 60 hours of | 16 | | approved continuing education. An Illinois licensed EMR, | 17 | | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or | 18 | | PHRN whose license has been expired for less than 36 | 19 | | months may apply for reinstatement by the Department. | 20 | | Reinstatement shall require that the applicant (i) submit | 21 | | satisfactory proof of completion of continuing medical | 22 | | education and clinical requirements to be prescribed by | 23 | | the Department in an administrative rule; (ii) submit a | 24 | | positive recommendation from an Illinois EMS Medical | 25 | | Director attesting to the applicant's qualifications for | 26 | | retesting; and (iii) pass a Department approved test for |
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| 1 | | the level of EMS personnel license sought to be | 2 | | reinstated. | 3 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | 4 | | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who | 5 | | qualifies, based on standards and procedures established | 6 | | by the Department in rules adopted pursuant to this Act. | 7 | | (7) Charge a fee for EMS personnel examination, | 8 | | licensure, and license renewal. | 9 | | (8) Suspend, revoke, or refuse to issue or renew the | 10 | | license of any licensee, after an opportunity for an | 11 | | impartial hearing before a neutral administrative law | 12 | | judge appointed by the Director, where the preponderance | 13 | | of the evidence shows one or more of the following: | 14 | | (A) The licensee has not met continuing education | 15 | | or relicensure requirements as prescribed by the | 16 | | Department; | 17 | | (B) The licensee has failed to maintain | 18 | | proficiency in the level of skills for which he or she | 19 | | is licensed; | 20 | | (C) The licensee, during the provision of medical | 21 | | services, engaged in dishonorable, unethical, or | 22 | | unprofessional conduct of a character likely to | 23 | | deceive, defraud, or harm the public; | 24 | | (D) The licensee has failed to maintain or has | 25 | | violated standards of performance and conduct as | 26 | | prescribed by the Department in rules adopted pursuant |
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| 1 | | to this Act or his or her EMS System's Program Plan; | 2 | | (E) The licensee is physically impaired to the | 3 | | extent that he or she cannot physically perform the | 4 | | skills and functions for which he or she is licensed, | 5 | | as verified by a physician, unless the person is on | 6 | | inactive status pursuant to Department regulations; | 7 | | (F) The licensee is mentally impaired to the | 8 | | extent that he or she cannot exercise the appropriate | 9 | | judgment, skill and safety for performing the | 10 | | functions for which he or she is licensed, as verified | 11 | | by a physician, unless the person is on inactive | 12 | | status pursuant to Department regulations; | 13 | | (G) The licensee has violated this Act or any rule | 14 | | adopted by the Department pursuant to this Act; or | 15 | | (H) The licensee has been convicted (or entered a | 16 | | plea of guilty or nolo contendere) by a court of | 17 | | competent jurisdiction of a Class X, Class 1, or Class | 18 | | 2 felony in this State or an out-of-state equivalent | 19 | | offense. | 20 | | (9) Prescribe education and training requirements in | 21 | | the administration and use of opioid antagonists for all | 22 | | levels of EMS personnel based on the National EMS | 23 | | Educational Standards and any modifications to those | 24 | | curricula specified by the Department through rules | 25 | | adopted pursuant to this Act. | 26 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, |
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| 1 | | PHAPRN, PHPA, or PHRN who is a member of the Illinois National | 2 | | Guard or an Illinois State Trooper or who exclusively serves | 3 | | as a volunteer for units of local government with a population | 4 | | base of less than 5,000 or as a volunteer for a not-for-profit | 5 | | organization that serves a service area with a population base | 6 | | of less than 5,000 may submit an application to the Department | 7 | | for a waiver of the fees described under paragraph (7) of | 8 | | subsection (d) of this Section on a form prescribed by the | 9 | | Department. | 10 | | The education requirements prescribed by the Department | 11 | | under this Section must allow for the suspension of those | 12 | | requirements in the case of a member of the armed services or | 13 | | reserve forces of the United States or a member of the Illinois | 14 | | National Guard who is on active duty pursuant to an executive | 15 | | order of the President of the United States, an act of the | 16 | | Congress of the United States, or an order of the Governor at | 17 | | the time that the member would otherwise be required to | 18 | | fulfill a particular education requirement. Such a person must | 19 | | fulfill the education requirement within 6 months after his or | 20 | | her release from active duty. | 21 | | (e) In the event that any rule of the Department or an EMS | 22 | | Medical Director that requires testing for drug use as a | 23 | | condition of the applicable EMS personnel license conflicts | 24 | | with or duplicates a provision of a collective bargaining | 25 | | agreement that requires testing for drug use, that rule shall | 26 | | not apply to any person covered by the collective bargaining |
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| 1 | | agreement. | 2 | | (f) At the time of applying for or renewing his or her | 3 | | license, an applicant for a license or license renewal may | 4 | | submit an email address to the Department. The Department | 5 | | shall keep the email address on file as a form of contact for | 6 | | the individual. The Department shall send license renewal | 7 | | notices electronically and by mail to a licensee who provides | 8 | | the Department with his or her email address. The notices | 9 | | shall be sent at least 60 days prior to the expiration date of | 10 | | the license. | 11 | | (Source: P.A. 101-81, eff. 7-12-19; 101-153, eff. 1-1-20; | 12 | | 102-558, eff. 8-20-21; 102-623, eff. 8-27-21.)". |
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