Illinois General Assembly - Full Text of SB3516
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Full Text of SB3516  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/14/2014, by Sen. Jason A. Barickman


210 ILCS 50/3.20

    Amends the Emergency Medical Services (EMS) Systems Act. Provides that an EMS System's protocols for the bypassing of or diversion to a hospital, trauma center, or regional trauma center must allow for the transport of a patient to another healthcare facility if that facility can provide appropriate medical treatment for that person.

LRB098 19619 RPS 54815 b






SB3516LRB098 19619 RPS 54815 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Emergency Medical Services (EMS) Systems Act
5is amended by changing Section 3.20 as follows:
6    (210 ILCS 50/3.20)
7    Sec. 3.20. Emergency Medical Services (EMS) Systems.
8    (a) "Emergency Medical Services (EMS) System" means an
9organization of hospitals, vehicle service providers and
10personnel approved by the Department in a specific geographic
11area, which coordinates and provides pre-hospital and
12inter-hospital emergency care and non-emergency medical
13transports at a BLS, ILS and/or ALS level pursuant to a System
14program plan submitted to and approved by the Department, and
15pursuant to the EMS Region Plan adopted for the EMS Region in
16which the System is located.
17    (b) One hospital in each System program plan must be
18designated as the Resource Hospital. All other hospitals which
19are located within the geographic boundaries of a System and
20which have standby, basic or comprehensive level emergency
21departments must function in that EMS System as either an
22Associate Hospital or Participating Hospital and follow all
23System policies specified in the System Program Plan, including



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1but not limited to the replacement of drugs and equipment used
2by providers who have delivered patients to their emergency
3departments. All hospitals and vehicle service providers
4participating in an EMS System must specify their level of
5participation in the System Program Plan.
6    (c) The Department shall have the authority and
7responsibility to:
8        (1) Approve BLS, ILS and ALS level EMS Systems which
9    meet minimum standards and criteria established in rules
10    adopted by the Department pursuant to this Act, including
11    the submission of a Program Plan for Department approval.
12    Beginning September 1, 1997, the Department shall approve
13    the development of a new EMS System only when a local or
14    regional need for establishing such System has been
15    verified by the Department. This shall not be construed as
16    a needs assessment for health planning or other purposes
17    outside of this Act. Following Department approval, EMS
18    Systems must be fully operational within one year from the
19    date of approval.
20        (2) Monitor EMS Systems, based on minimum standards for
21    continuing operation as prescribed in rules adopted by the
22    Department pursuant to this Act, which shall include
23    requirements for submitting Program Plan amendments to the
24    Department for approval.
25        (3) Renew EMS System approvals every 4 years, after an
26    inspection, based on compliance with the standards for



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1    continuing operation prescribed in rules adopted by the
2    Department pursuant to this Act.
3        (4) Suspend, revoke, or refuse to renew approval of any
4    EMS System, after providing an opportunity for a hearing,
5    when findings show that it does not meet the minimum
6    standards for continuing operation as prescribed by the
7    Department, or is found to be in violation of its
8    previously approved Program Plan.
9        (5) Require each EMS System to adopt written protocols
10    for the bypassing of or diversion to any hospital, trauma
11    center, or regional trauma center, which provide that a
12    person shall not be transported to a facility other than
13    the nearest hospital, regional trauma center, or trauma
14    center unless (i) the medical benefits to the patient
15    reasonably expected from the provision of appropriate
16    medical treatment at a more distant facility outweigh the
17    increased risks to the patient from transport to the more
18    distant facility, (ii) or the transport is in accordance
19    with the System's protocols for patient choice or refusal,
20    or (iii) another healthcare facility can provide
21    appropriate medical treatment for that person.
22        (6) Require that the EMS Medical Director of an ILS or
23    ALS level EMS System be a physician licensed to practice
24    medicine in all of its branches in Illinois, and certified
25    by the American Board of Emergency Medicine or the American
26    Board of Osteopathic Emergency Medicine, and that the EMS



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1    Medical Director of a BLS level EMS System be a physician
2    licensed to practice medicine in all of its branches in
3    Illinois, with regular and frequent involvement in
4    pre-hospital emergency medical services. In addition, all
5    EMS Medical Directors shall:
6            (A) Have experience on an EMS vehicle at the
7        highest level available within the System, or make
8        provision to gain such experience within 12 months
9        prior to the date responsibility for the System is
10        assumed or within 90 days after assuming the position;
11            (B) Be thoroughly knowledgeable of all skills
12        included in the scope of practices of all levels of EMS
13        personnel within the System;
14            (C) Have or make provision to gain experience
15        instructing students at a level similar to that of the
16        levels of EMS personnel within the System; and
17            (D) For ILS and ALS EMS Medical Directors,
18        successfully complete a Department-approved EMS
19        Medical Director's Course.
20        (7) Prescribe statewide EMS data elements to be
21    collected and documented by providers in all EMS Systems
22    for all emergency and non-emergency medical services, with
23    a one-year phase-in for commencing collection of such data
24    elements.
25        (8) Define, through rules adopted pursuant to this Act,
26    the terms "Resource Hospital", "Associate Hospital",



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1    "Participating Hospital", "Basic Emergency Department",
2    "Standby Emergency Department", "Comprehensive Emergency
3    Department", "EMS Medical Director", "EMS Administrative
4    Director", and "EMS System Coordinator".
5            (A) Upon the effective date of this amendatory Act
6        of 1995, all existing Project Medical Directors shall
7        be considered EMS Medical Directors, and all persons
8        serving in such capacities on the effective date of
9        this amendatory Act of 1995 shall be exempt from the
10        requirements of paragraph (7) of this subsection;
11            (B) Upon the effective date of this amendatory Act
12        of 1995, all existing EMS System Project Directors
13        shall be considered EMS Administrative Directors.
14        (9) Investigate the circumstances that caused a
15    hospital in an EMS system to go on bypass status to
16    determine whether that hospital's decision to go on bypass
17    status was reasonable. The Department may impose
18    sanctions, as set forth in Section 3.140 of the Act, upon a
19    Department determination that the hospital unreasonably
20    went on bypass status in violation of the Act.
21        (10) Evaluate the capacity and performance of any
22    freestanding emergency center established under Section
23    32.5 of this Act in meeting emergency medical service needs
24    of the public, including compliance with applicable
25    emergency medical standards and assurance of the
26    availability of and immediate access to the highest quality



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1    of medical care possible.
2        (11) Permit limited EMS System participation by
3    facilities operated by the United States Department of
4    Veterans Affairs, Veterans Health Administration. Subject
5    to patient preference, Illinois EMS providers may
6    transport patients to Veterans Health Administration
7    facilities that voluntarily participate in an EMS System.
8    Any Veterans Health Administration facility seeking
9    limited participation in an EMS System shall agree to
10    comply with all Department administrative rules
11    implementing this Section. The Department may promulgate
12    rules, including, but not limited to, the types of Veterans
13    Health Administration facilities that may participate in
14    an EMS System and the limitations of participation.
15(Source: P.A. 96-1009, eff. 1-1-11; 96-1469, eff. 1-1-11;
1697-333, eff. 8-12-11.)