Public Act 098-0053
 
HB3186 EnrolledLRB098 10920 DRJ 41464 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 Section 3.50 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. In prescribing licensure testing requirements 
    for honorably discharged members of the armed forces of the 
    United States under this paragraph (2), the Department 
    shall ensure that a candidate's military emergency medical 
    training, emergency medical curriculum completed, and 
    clinical experience, as described in paragraph (2.5), are 
    recognized. 

        (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. Every 4 years, an 
    EMT-P shall have 100 hours of approved continuing 
    education, an EMT-I and an advanced EMT shall have 80 hours 
    of approved continuing education, and EMT-B shall have 60 
    hours of approved continuing education. 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 the these fees described under paragraph (7) 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; 97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; revised 
10-17-12.)