Illinois General Assembly - Full Text of Public Act 096-0702
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Public Act 096-0702


 

Public Act 0702 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0702
 
HB3994 Enrolled LRB096 05917 DRJ 22420 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The State Finance Act is amended by adding
Section 5.723 as follows:
 
    (30 ILCS 105/5.723 new)
    Sec. 5.723. The Stretcher Van Licensure Fund.
 
    Section 5. The Emergency Medical Services (EMS) Systems Act
is amended by adding Section 3.86 and changing Section 3.220 as
follows:
 
    (210 ILCS 50/3.86 new)
    Sec. 3.86. Stretcher van providers.
    (a) In this Section, "stretcher van provider" means an
entity licensed by the Department to provide non-emergency
transportation of passengers on a stretcher in compliance with
this Act or the rules adopted by the Department pursuant to
this Act, utilizing stretcher vans.
    (b) The Department has the authority and responsibility to
do the following:
        (1) Require all stretcher van providers, both publicly
    and privately owned, to be licensed by the Department.
        (2) Establish licensing and safety standards and
    requirements for stretcher van providers, through rules
    adopted pursuant to this Act, including but not limited to:
            (A) Vehicle design, specification, operation, and
        maintenance standards.
            (B) Safety equipment requirements and standards.
            (C) Staffing requirements.
            (D) Annual license renewal.
        (3) License all stretcher van providers that have met
    the Department's requirements for licensure.
        (4) Annually inspect all licensed stretcher van
    providers, and relicense providers that have met the
    Department's requirements for license renewal.
        (5) Suspend, revoke, refuse to issue, or refuse to
    renew the license of any stretcher van provider, or that
    portion of a license pertaining to a specific vehicle
    operated by a provider, after an opportunity for a hearing,
    when findings show that the provider or one or more of its
    vehicles has failed to comply with the standards and
    requirements of this Act or the rules adopted by the
    Department pursuant to this Act.
        (6) Issue an emergency suspension order for any
    provider or vehicle licensed under this Act when the
    Director or his or her designee has determined that an
    immediate or serious danger to the public health, safety,
    and welfare exists. Suspension or revocation proceedings
    that offer an opportunity for a hearing shall be promptly
    initiated after the emergency suspension order has been
    issued.
        (7) Prohibit any stretcher van provider from
    advertising, identifying its vehicles, or disseminating
    information in a false or misleading manner concerning the
    provider's type and level of vehicles, location, response
    times, level of personnel, licensure status, or EMS System
    participation.
        (8) Charge each stretcher van provider a fee, to be
    submitted with each application for licensure and license
    renewal, which shall not exceed $25 per vehicle, up to $500
    per provider.
    (c) A stretcher van provider may provide transport of a
passenger on a stretcher, provided the passenger meets all of
the following requirements:
        (1) He or she needs no medical equipment, except
    self-administered medications.
        (2) He or she needs no medical monitoring or medical
    observation.
        (3) He or she needs routine transportation to or from a
    medical appointment or service if the passenger is
    convalescent or otherwise bed-confined and does not
    require medical monitoring, aid, care, or treatment during
    transport.
    (d) A stretcher van provider may not transport a passenger
who meets any of the following conditions:
        (1) He or she is currently admitted to a hospital or is
    being transported to a hospital for admission or emergency
    treatment.
        (2) He or she is acutely ill, wounded, or medically
    unstable as determined by a licensed physician.
        (3) He or she is experiencing an emergency medical
    condition, an acute medical condition, an exacerbation of a
    chronic medical condition, or a sudden illness or injury.
        (4) He or she was administered a medication that might
    prevent the passenger from caring for himself or herself.
        (5) He or she was moved from one environment where
    24-hour medical monitoring or medical observation will
    take place by certified or licensed nursing personnel to
    another such environment. Such environments shall include,
    but not be limited to, hospitals licensed under the
    Hospital Licensing Act or operated under the University of
    Illinois Hospital Act, and nursing facilities licensed
    under the Nursing Home Care Act.
    (e) The Stretcher Van Licensure Fund is created as a
special fund within the State treasury. All fees received by
the Department in connection with the licensure of stretcher
van providers under this Section shall be deposited into the
fund. Moneys in the fund shall be subject to appropriation to
the Department for use in implementing this Section.
 
    (210 ILCS 50/3.220)
    Sec. 3.220. EMS Assistance Fund.
    (a) There is hereby created an "EMS Assistance Fund" within
the State treasury, for the purpose of receiving fines and fees
collected by the Illinois Department of Health pursuant to this
Act.
    (b) EMT licensure examination fees collected shall be
distributed by the Department to the Resource Hospital of the
EMS System in which the EMT candidate was educated, to be used
for educational and related expenses incurred by the System's
hospitals, as identified in the EMS System Program Plan.
    (c) All other moneys within this fund shall be distributed
by the Department to the EMS Regions for disbursement in
accordance with protocols established in the EMS Region Plans,
for the purposes of organization, development and improvement
of Emergency Medical Services Systems, including but not
limited to training of personnel and acquisition, modification
and maintenance of necessary supplies, equipment and vehicles.
    (d) All fees and fines collected pursuant to this to this
Act shall be deposited into the EMS Assistance Fund, except
that all fees collected under Section 3.86 in connection with
the licensure of stretcher van providers shall be deposited
into the Stretcher Van Licensure Fund.
(Source: P.A. 92-651, eff. 7-11-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2009