HB5548 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5548

 

Introduced , by Rep. Timothy L. Schmitz

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/3.85

    Amends the Emergency Medical Services (EMS) Systems Act. Provides that the definition of "ambulance" includes any public or privately owned on-road vehicle that has the capability to carry water for the purposes of operation as a fire truck, but is otherwise primarily designed, constructed, or modified and equipped for the emergency transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless or for the non-emergency medical transportation of persons who require the presence of medical personnel to monitor the individual's condition or medical apparatus being used on such individuals.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5548LRB098 18342 RPS 53477 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 3.85 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
9the Department to provide emergency or non-emergency medical
10services in compliance with this Act, the rules promulgated by
11the Department pursuant to this Act, and an operational plan
12approved by its EMS System(s), utilizing at least ambulances or
13specialized 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 or
19    otherwise incapacitated or helpless, or the non-emergency
20    medical transportation of persons who require the presence
21    of medical personnel to monitor the individual's condition
22    or medical apparatus being used on such individuals.
23    "Ambulance" includes any public or privately owned on-road

 

 

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1    vehicle that has the capability to carry water for the
2    purposes of operation as a fire truck, but is otherwise
3    primarily designed, constructed, or modified and equipped
4    for the emergency transportation of persons who are sick,
5    injured, wounded, or otherwise incapacitated or helpless
6    or for the non-emergency medical transportation of persons
7    who require the presence of medical personnel to monitor
8    the individual's condition or medical apparatus being used
9    on such individuals.
10        (2) "Specialized Emergency Medical Services Vehicle"
11    or "SEMSV" means a vehicle or conveyance, other than those
12    owned or operated by the federal government, that is
13    primarily intended for use in transporting the sick or
14    injured by means of air, water, or ground transportation,
15    that is not an ambulance as defined in this Act. The term
16    includes watercraft, aircraft and special purpose ground
17    transport vehicles or conveyances not intended for use on
18    public roads.
19        (3) An ambulance or SEMSV may also be designated as a
20    Limited Operation Vehicle or Special-Use Vehicle:
21            (A) "Limited Operation Vehicle" means a vehicle
22        which is licensed by the Department to provide basic,
23        intermediate or advanced life support emergency or
24        non-emergency medical services that are exclusively
25        limited to specific events or locales.
26            (B) "Special-Use Vehicle" means any publicly or

 

 

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1        privately owned vehicle that is specifically designed,
2        constructed or modified and equipped, and is intended
3        to be used for, and is maintained or operated solely
4        for the emergency or non-emergency transportation of a
5        specific medical class or category of persons who are
6        sick, injured, wounded or otherwise incapacitated or
7        helpless (e.g. high-risk obstetrical patients,
8        neonatal patients).
9            (C) "Reserve Ambulance" means a vehicle that meets
10        all criteria set forth in this Section and all
11        Department rules, except for the required inventory of
12        medical supplies and durable medical equipment, which
13        may be rapidly transferred from a fully functional
14        ambulance to a reserve ambulance without the use of
15        tools or special mechanical expertise.
16    (b) The Department shall have the authority and
17responsibility to:
18        (1) Require all Vehicle Service Providers, both
19    publicly and privately owned, to function within an EMS
20    System.
21        (2) Require a Vehicle Service Provider utilizing
22    ambulances to have a primary affiliation with an EMS System
23    within the EMS Region in which its Primary Service Area is
24    located, which is the geographic areas in which the
25    provider renders the majority of its emergency responses.
26    This requirement shall not apply to Vehicle Service

 

 

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1    Providers which exclusively utilize Limited Operation
2    Vehicles.
3        (3) Establish licensing standards and requirements for
4    Vehicle Service Providers, through rules adopted pursuant
5    to this Act, including but not limited to:
6            (A) Vehicle design, specification, operation and
7        maintenance standards, including standards for the use
8        of reserve ambulances;
9            (B) Equipment requirements;
10            (C) Staffing requirements; and
11            (D) License renewal at intervals determined by the
12        Department, which shall be not less than every 4 years.
13        The Department's standards and requirements with
14    respect to vehicle staffing must allow for an alternative
15    rural staffing model for those vehicle service providers
16    that serve a rural or semi-rural population of 10,000 or
17    fewer inhabitants and exclusively uses volunteers,
18    paid-on-call, or a combination thereof.
19        (4) License all Vehicle Service Providers that have met
20    the Department's requirements for licensure, unless such
21    Provider is owned or licensed by the federal government.
22    All Provider licenses issued by the Department shall
23    specify the level and type of each vehicle covered by the
24    license (BLS, ILS, ALS, ambulance, SEMSV, limited
25    operation vehicle, special use vehicle, reserve
26    ambulance).

 

 

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1        (5) Annually inspect all licensed vehicles operated by
2    Vehicle Service Providers.
3        (6) Suspend, revoke, refuse to issue or refuse to renew
4    the license of any Vehicle Service Provider, or that
5    portion of a license pertaining to a specific vehicle
6    operated by the Provider, after an opportunity for a
7    hearing, when findings show that the Provider or one or
8    more of its vehicles has failed to comply with the
9    standards and requirements of this Act or rules adopted by
10    the Department pursuant to this Act.
11        (7) Issue an Emergency Suspension Order for any
12    Provider or vehicle licensed under this Act, when the
13    Director or his designee has determined that an immediate
14    and serious danger to the public health, safety and welfare
15    exists. Suspension or revocation proceedings which offer
16    an opportunity for hearing shall be promptly initiated
17    after the Emergency Suspension Order has been issued.
18        (8) Exempt any licensed vehicle from subsequent
19    vehicle design standards or specifications required by the
20    Department, as long as said vehicle is continuously in
21    compliance with the vehicle design standards and
22    specifications originally applicable to that vehicle, or
23    until said vehicle's title of ownership is transferred.
24        (9) Exempt any vehicle (except an SEMSV) which was
25    being used as an ambulance on or before December 15, 1980,
26    from vehicle design standards and specifications required

 

 

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1    by the Department, until said vehicle's title of ownership
2    is transferred. Such vehicles shall not be exempt from all
3    other licensing standards and requirements prescribed by
4    the Department.
5        (10) Prohibit any Vehicle Service Provider from
6    advertising, identifying its vehicles, or disseminating
7    information in a false or misleading manner concerning the
8    Provider's type and level of vehicles, location, primary
9    service area, response times, level of personnel,
10    licensure status or System participation.
11        (10.5) Prohibit any Vehicle Service Provider, whether
12    municipal, private, or hospital-owned, from advertising
13    itself as a critical care transport provider unless it
14    participates in a Department-approved EMS System critical
15    care transport plan.
16        (11) Charge each Vehicle Service Provider a fee per
17    transport vehicle, due annually at time of inspection. The
18    fee per transport vehicle shall be set by administrative
19    rule by the Department and shall not exceed 100 vehicles
20    per provider.
21(Source: P.A. 97-333, eff. 8-12-11; 97-1014, eff. 1-1-13;
2298-452, eff. 1-1-14.)