Public Act 097-1014
 
HB5880 EnrolledLRB097 17893 DRJ 63116 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Emergency Medical Services (EMS) Systems Act 
is amended  by changing Sections 3.50, 3.60, and 3.85 as 
follows:
 



    (210 ILCS 50/3.50)



    Sec. 3.50. Emergency Medical Technician (EMT) Licensure. 

    (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

System.

    (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.

    (c) "Emergency Medical Technician-Paramedic" or "EMT-P" 
means a person who
has successfully completed a
course of 
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.

    (d) The Department shall have the authority and

responsibility to:


        (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

    Department through rules adopted pursuant to this Act.


        (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

    completed before taking the EMT licensure examination.

    Candidates may elect to take the National Registry of

    Emergency Medical Technicians examination in lieu of the

    Department's examination, but are responsible for making

    their own arrangements for taking the National Registry

    examination.

        (2.5) Review applications for EMT licensure from

    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 
    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. 

        (3) License individuals as an EMT-B, EMT-I,
or EMT-P 
    who have met the Department's education, training and

    examination requirements.


        (4) Prescribe annual continuing education and

    relicensure requirements for all levels of EMT.


        (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 
    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.


        (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.


        (7) Charge a fee for EMT examination, licensure, and 
    license renewal.


        (8) Suspend, revoke, or refuse to issue or renew the

    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:


            (A) The licensee has not met continuing
education 
        or relicensure requirements as prescribed by the 
        Department;


            (B) The licensee has failed to maintain

        proficiency in the level of skills for which he or she 
        is licensed;


            (C) The licensee, during the provision of
medical 
        services, engaged in dishonorable, unethical, or

        unprofessional conduct of a character likely to 
        deceive,
defraud, or harm the public;


            (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;


            (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;


            (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;


            (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 
        offense. 
        (9) An EMT who is a member of the Illinois National 
    Guard or , an Illinois State Trooper, or who 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

    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.


    (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.

(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10; 
96-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff. 
8-23-11; revised 11-18-11.)

 



    (210 ILCS 50/3.60)



    Sec. 3.60. First Responder. 

    (a) "First Responder" means a person who is at least 18 
years of age, who has
successfully completed a course of 
instruction in emergency
medical responder first response as 
prescribed by the Department, and who provides
first response 
services  prior to the arrival of an
ambulance or specialized 
emergency medical services vehicle,
in accordance with the 
level of care established in the
emergency medical responder 
first response course.  A First Responder who
provides such 
services as part of an EMS System response
plan which utilizes 
First Responders as the personnel
dispatched to the scene of an 
emergency to provide initial
emergency medical care shall 
comply with the applicable
sections of the Program Plan of that 
EMS System.

    Persons who have already completed a course of
instruction 
in emergency first response based on or
equivalent to the 
national curriculum of the United States
Department of 
Transportation, or as otherwise previously
recognized by the 
Department, shall be considered First
Responders on the 
effective date of this amendatory Act of 1995.

    (a-5)  "Provisional First Responder" means a person who is 
at least 16 years of age, who has successfully completed a 
course of instruction in emergency medical responder as 
prescribed by the Department, and who provides first response 
services prior to the arrival of an ambulance or specialized 
emergency medical services vehicle, in accordance with the 
level of care established in the emergency medical responder 
course. A Provisional First Responder must provide such 
services as part of an EMS System Response plan that utilizes 
Provisional First Responders with other EMS personnel 
dispatched to the scene of an emergency to provide initial 
emergency medical care and shall comply with the applicable 
sections of the program plan of that EMS System. A Provisional 
First Responder may apply to the Department for a First 
Responder license at the age of 18 upon the EMS Medical 
Director's written approval. 
    (b) The Department shall have the authority and

responsibility to: 


        (1) Prescribe education requirements for the
First 
    Responder, which meet or exceed the national
curriculum of 
    the United States Department of
Transportation, through 
    rules adopted pursuant to this Act.


        (2) Prescribe a standard set of equipment for
use 
    during first response services.  An individual First

    Responder shall not be required to maintain his or her own 
    set of
such equipment, provided he or she has access to 
    such equipment
during a first response call.


        (3) Require the First Responder to notify the

    Department of any EMS System in which he or she 
    participates as
dispatched personnel as described in 
    subsection (a).


        (4) Require the First Responder to comply with
the 
    applicable sections of the Program Plans for those
Systems.


        (5) Require the First Responder to keep the
Department 
    currently informed as to who employs him or her and who 
    supervises
his or her activities as a First Responder.


        (6) Establish a mechanism for phasing in the
First 
    Responder requirements over a 5-year period.

        (7) Charge each First Responder applicant a fee for 
    testing, initial licensure, and license renewal. A First 
    Responder who exclusively serves as a volunteer for units 
    of local government or a not-for-profit organization that 
    serves a service area 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. 
(Source: P.A. 96-1469, eff. 1-1-11.)

 



    (210 ILCS 50/3.85)



    Sec. 3.85. Vehicle Service Providers. 

    (a) "Vehicle Service Provider" means an entity
licensed by 
the Department to provide emergency or
non-emergency medical 
services in compliance with this Act,
the rules promulgated by 
the Department pursuant to this
Act, and an operational plan 
approved by its EMS System(s),
utilizing at least ambulances or 
specialized emergency
medical service vehicles (SEMSV).


        (1) "Ambulance" means any publicly or
privately owned 
    on-road vehicle that is specifically designed,
constructed 
    or modified and equipped, and is intended to be
used for, 
    and is maintained or operated for the emergency

    transportation of persons who are sick, injured, wounded or

    otherwise incapacitated or helpless, or 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.


        (2) "Specialized Emergency Medical Services
Vehicle" 
    or "SEMSV" means a vehicle or conveyance, other
than those 
    owned or operated by the federal government, that
is 
    primarily intended for use in transporting the sick or

    injured by means of air, water, or ground transportation,

    that is not an ambulance as defined in this Act.  The term

    includes watercraft, aircraft and special purpose ground

    transport vehicles or conveyances not intended for use on

    public roads.


        (3) An ambulance or SEMSV may also be
designated as a 
    Limited Operation Vehicle or Special-Use Vehicle:


            (A) "Limited Operation Vehicle" means a
vehicle 
        which is licensed by the Department to provide
basic, 
        intermediate or advanced life support emergency or

        non-emergency medical services that are exclusively 
        limited
to specific events or locales.


            (B) "Special-Use Vehicle" means any
publicly or 
        privately owned vehicle that is specifically designed,

        constructed or modified and equipped, and is intended 
        to be
used for, and is maintained or operated solely 
        for the
emergency or non-emergency transportation of a 
        specific
medical class or category of persons who are 
        sick, injured,
wounded or otherwise incapacitated or 
        helpless (e.g.
high-risk obstetrical patients, 
        neonatal patients).

            (C) "Reserve Ambulance" means a vehicle that meets 
        all criteria set forth in this Section and all 
        Department rules, except for the required inventory of 
        medical supplies and durable medical equipment, which 
        may be rapidly transferred from a fully functional 
        ambulance to a reserve ambulance without the use of 
        tools or special mechanical expertise. 
    (b) The Department shall have the authority and

responsibility to:


        (1) Require all Vehicle Service Providers, both

    publicly and privately owned, to function within an EMS

    System. ;


        (2) Require a Vehicle Service Provider
utilizing 
    ambulances to have a primary affiliation with an EMS System

    within the EMS Region in which its Primary Service Area is

    located, which is the geographic areas in which the 
    provider
renders the majority of its emergency responses.  
    This
requirement shall not apply to Vehicle Service 
    Providers
which exclusively utilize Limited Operation 
    Vehicles. ;


        (3) Establish licensing standards and
requirements for 
    Vehicle Service Providers, through rules
adopted pursuant 
    to this Act, including but not limited to:


            (A) Vehicle design, specification,
operation and 
        maintenance standards, including standards for the use 
        of reserve ambulances;


            (B) Equipment requirements;


            (C) Staffing requirements; and


            (D) Annual license renewal.
        The Department's standards and requirements with 
    respect to vehicle staffing must allow for an alternative 
    rural staffing model for those vehicle service providers 
    that serve a rural or semi-rural population of 10,000 or 
    fewer inhabitants and exclusively uses volunteers, 
    paid-on-call, or a combination thereof. ;


        (4) License all Vehicle Service Providers
that have met 
    the Department's requirements for licensure, unless
such 
    Provider is owned or licensed by the federal
government.  
    All Provider licenses issued by the Department
shall 
    specify the level and type of each vehicle covered by
the 
    license (BLS, ILS, ALS, ambulance, SEMSV, limited

    operation vehicle, special use vehicle, reserve 
    ambulance). ;


        (5) Annually inspect all licensed Vehicle
Service 
    Providers, and relicense such Providers that have met the

    Department's requirements for license renewal. ;


        (6) Suspend, revoke, refuse to issue or refuse to
renew 
    the license of any Vehicle Service Provider, or that

    portion of a license pertaining to a specific vehicle

    operated by the 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 rules adopted by 
    the Department
pursuant to this Act. ;


        (7) Issue an Emergency Suspension Order for
any 
    Provider or vehicle licensed under this Act, when the

    Director or his designee has determined that an immediate

    and serious danger to the public health, safety and welfare

    exists.  Suspension or revocation proceedings which offer 
    an
opportunity for hearing shall be promptly initiated 
    after
the Emergency Suspension Order has been issued. ;


        (8) Exempt any licensed vehicle from
subsequent 
    vehicle design standards or specifications required by the

    Department, as long as said vehicle is continuously in

    compliance with the vehicle design standards and

    specifications originally applicable to that vehicle, or

    until said vehicle's title of ownership is transferred. ;


        (9) Exempt any vehicle (except an SEMSV)
which was 
    being used as an ambulance on or before December 15,
1980, 
    from vehicle design standards and specifications
required 
    by the Department, until said vehicle's title of
ownership 
    is transferred.  Such vehicles shall not be exempt
from all 
    other licensing standards and requirements
prescribed by 
    the Department. ;


        (10) Prohibit any Vehicle Service 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, primary

    service area, response times, level of personnel, 
    licensure
status or System participation. ;

        (10.5) Prohibit any Vehicle Service Provider, whether 
    municipal, private, or hospital-owned, from advertising 
    itself as a critical care transport provider unless it 
    participates in a Department-approved EMS System critical 
    care transport plan. ; and 

        (11) Charge each Vehicle Service Provider a
fee per 
    transport vehicle, to be submitted with each application 
    for licensure and
license renewal. The fee per transport 
    vehicle shall be set by administrative rule by the 
    Department and shall not exceed 100 vehicles per provider.

(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11.)