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Public Act 097-0509
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| HB3255 Enrolled | LRB097 09107 RPM 49242 b |
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AN ACT concerning health facilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Emergency Medical Services (EMS) Systems Act |
is amended by changing Section 3.50 as follows:
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(210 ILCS 50/3.50)
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Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
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(a) "Emergency Medical Technician-Basic" or
"EMT-B" means |
a person who has successfully completed a course of
instruction |
in basic life support
as prescribed by the
Department, is |
currently licensed by the Department in
accordance with |
standards prescribed by this Act and rules
adopted by the |
Department pursuant to this Act, and practices within an EMS
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System.
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(b) "Emergency Medical Technician-Intermediate"
or "EMT-I" |
means a person who has successfully completed a
course of |
instruction in intermediate life support
as
prescribed by the |
Department, is currently licensed by the
Department in |
accordance with standards prescribed by this
Act and rules |
adopted by the Department pursuant to this
Act, and practices |
within an Intermediate or Advanced
Life Support EMS System.
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(c) "Emergency Medical Technician-Paramedic" or "EMT-P" |
means a person who
has successfully completed a
course of |
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instruction in advanced life support care
as
prescribed by the |
Department, is licensed by the Department
in accordance with |
standards prescribed by this Act and
rules adopted by the |
Department pursuant to this Act, and
practices within an |
Advanced Life Support EMS System.
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(d) The Department shall have the authority and
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responsibility to:
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(1) Prescribe education and training requirements, |
which
includes training in the use of epinephrine,
for all |
levels of EMT, based on the respective national
curricula |
of the United States Department of Transportation
and any |
modifications to such curricula specified by the
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Department through rules adopted pursuant to this Act.
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(2) Prescribe licensure testing requirements
for all |
levels of EMT, which shall include a requirement that
all |
phases of instruction, training, and field experience be
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completed before taking the EMT licensure examination.
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Candidates may elect to take the National Registry of
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Emergency Medical Technicians examination in lieu of the
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Department's examination, but are responsible for making
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their own arrangements for taking the National Registry
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examination.
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(2.5) Review applications for EMT licensure from
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honorably discharged members of the armed forces of the |
United States with military emergency medical training. |
Applications shall be filed with the Department within one |
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year after military discharge and shall contain: (i) proof |
of successful completion of military emergency medical |
training; (ii) a detailed description of the emergency |
medical curriculum completed; and (iii) a detailed |
description of the applicant's clinical experience. The |
Department may request additional and clarifying |
information. The Department shall evaluate the |
application, including the applicant's training and |
experience, consistent with the standards set forth under |
subsections (a), (b), (c), and (d) of Section 3.10. If the |
application clearly demonstrates that the training and |
experience meets such standards, the Department shall |
offer the applicant the opportunity to successfully |
complete a Department-approved
EMT examination for which |
the applicant is qualified. Upon passage of an examination, |
the Department shall issue a license, which shall be |
subject to all provisions of this Act that are otherwise |
applicable to the class of EMT
license issued.
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(3) License individuals as an EMT-B, EMT-I,
or EMT-P |
who have met the Department's education, training and
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examination requirements.
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(4) Prescribe annual continuing education and
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relicensure requirements for all levels of EMT.
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(5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P |
every 4 years, based on their compliance with
continuing |
education and relicensure requirements. An Illinois |
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licensed Emergency Medical Technician whose license has |
been expired for less than 36 months may apply for |
reinstatement by the Department. Reinstatement shall |
require that the applicant (i) submit satisfactory proof of |
completion of continuing medical education and clinical |
requirements to be prescribed by the Department in an |
administrative rule; (ii) submit a positive recommendation |
from an Illinois EMS Medical Director attesting to the |
applicant's qualifications for retesting; and (iii) pass a |
Department approved test for the level of EMT license |
sought to be reinstated.
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(6) Grant inactive status to any EMT who
qualifies, |
based on standards and procedures established by
the |
Department in rules adopted pursuant to this Act.
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(7) Charge a fee for EMT examination, licensure, and |
license renewal.
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(8) Suspend, revoke, or refuse to issue or renew the
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license of any licensee, after an opportunity for an |
impartial hearing before a neutral administrative law |
judge appointed by the Director, where the preponderance of |
the evidence shows one or more of the following:
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(A) The licensee has not met continuing
education |
or relicensure requirements as prescribed by the |
Department;
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(B) The licensee has failed to maintain
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proficiency in the level of skills for which he or she |
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is licensed;
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(C) The licensee, during the provision of
medical |
services, engaged in dishonorable, unethical, or
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unprofessional conduct of a character likely to |
deceive,
defraud, or harm the public;
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(D) The licensee has failed to maintain or
has |
violated standards of performance and conduct as |
prescribed
by the Department in rules adopted pursuant |
to this Act or
his or her EMS System's Program Plan;
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(E) The licensee is physically impaired to
the |
extent that he or she cannot physically perform the |
skills and
functions for which he or she is licensed, |
as verified by a
physician, unless the person is on |
inactive status pursuant
to Department regulations;
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(F) The licensee is mentally impaired to the
extent |
that he or she cannot exercise the appropriate |
judgment,
skill and safety for performing the |
functions for which he
or she is licensed, as verified |
by a physician, unless the person
is on inactive status |
pursuant to Department regulations;
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(G) The licensee has violated this Act or any
rule |
adopted by the Department pursuant to this Act; or |
(H) The licensee has been convicted (or entered a |
plea of guilty or nolo-contendere) by a court of |
competent jurisdiction of a Class X, Class 1, or Class |
2 felony in this State or an out-of-state equivalent |
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offense. |
(9) An EMT who is a member of the Illinois National |
Guard, an Illinois State Trooper, or exclusively serves as |
a volunteer for units of local government with a population |
base of less than 5,000 or as a volunteer
for a |
not-for-profit organization that serves a service area
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with a population base of less than 5,000 may submit an |
application to the Department for a waiver of these fees on |
a form prescribed by the Department. |
The education requirements prescribed by the Department |
under this subsection must allow for the suspension of those |
requirements in the case of a member of the armed services or |
reserve forces of the United States or a member of the Illinois |
National Guard who is on active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor at |
the time that the member would otherwise be required to fulfill |
a particular education requirement. Such a person must fulfill |
the education requirement within 6 months after his or her |
release from active duty.
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(e) In the event that any rule of the
Department or an EMS |
Medical Director that requires testing for drug
use as a |
condition for EMT licensure conflicts with or
duplicates a |
provision of a collective bargaining agreement
that requires |
testing for drug use, that rule shall not
apply to any person |
covered by the collective bargaining
agreement.
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