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| | HB4477 Engrossed | | LRB104 17768 BAB 31200 b |
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| 1 | | AN ACT concerning regulation. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Emergency Medical Services (EMS) Systems |
| 5 | | Act is amended by changing Sections 3.5, 3.35, 3.40, 3.45, and |
| 6 | | 3.50 as follows: |
| 7 | | (210 ILCS 50/3.5) |
| 8 | | Sec. 3.5. Definitions. As used in this Act: |
| 9 | | "Clinical observation" means the ongoing observation of a |
| 10 | | patient's medical or mental health condition by a licensed |
| 11 | | health care professional utilizing a medical skill set while |
| 12 | | continuing assessment and care. |
| 13 | | "Department" means the Illinois Department of Public |
| 14 | | Health. |
| 15 | | "Digital license" means a secure electronic record of a |
| 16 | | license issued by the Department to EMS personnel that is |
| 17 | | accessible to EMS personnel through a Department-maintained or |
| 18 | | Department-approved electronic platform, website, or |
| 19 | | electronic application and is readily verifiable by Resource |
| 20 | | Hospitals and vehicle service providers. |
| 21 | | "Director" means the Director of the Illinois Department |
| 22 | | of Public Health. |
| 23 | | "Emergency" means a medical condition of recent onset and |
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| 1 | | severity that would lead a prudent layperson, possessing an |
| 2 | | average knowledge of medicine and health, to believe that |
| 3 | | urgent or unscheduled medical care is required. |
| 4 | | "Emergency Medical Services personnel" or "EMS personnel" |
| 5 | | means persons licensed as an Emergency Medical Responder (EMR) |
| 6 | | (First Responder), Emergency Medical Dispatcher (EMD), |
| 7 | | Emergency Medical Technician (EMT), Emergency Medical |
| 8 | | Technician-Intermediate (EMT-I), Advanced Emergency Medical |
| 9 | | Technician (A-EMT), Paramedic (EMT-P), Emergency |
| 10 | | Communications Registered Nurse (ECRN), Pre-Hospital |
| 11 | | Registered Nurse (PHRN), Pre-Hospital Advanced Practice |
| 12 | | Registered Nurse (PHAPRN), or Pre-Hospital Physician Assistant |
| 13 | | (PHPA). |
| 14 | | "Exclusive representative" has the same meaning as defined |
| 15 | | in Section 3 of the Illinois Public Labor Relations Act. |
| 16 | | "Health care facility" means a hospital, nursing home, |
| 17 | | physician's office or other fixed location at which medical |
| 18 | | and health care services are performed. It does not include |
| 19 | | "pre-hospital emergency care settings" which utilize EMS |
| 20 | | personnel to render pre-hospital emergency care prior to the |
| 21 | | arrival of a transport vehicle, as defined in this Act. |
| 22 | | "Hospital" has the meaning ascribed to that term in the |
| 23 | | Hospital Licensing Act. |
| 24 | | "Just Culture" means a system approach to safety that |
| 25 | | promotes accountability through fair and consistent evaluation |
| 26 | | of conduct, distinguishing human error from at-risk and |
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| 1 | | reckless behavior, and emphasizes learning, quality |
| 2 | | improvement, and system improvement over punitive action when |
| 3 | | appropriate. |
| 4 | | "Labor organization" has the same meaning as defined in |
| 5 | | Section 3 of the Illinois Public Labor Relations Act. |
| 6 | | "Medical monitoring" means the performance of medical |
| 7 | | tests and physical exams to evaluate an individual's ongoing |
| 8 | | exposure to a factor that could negatively impact that |
| 9 | | person's health. "Medical monitoring" includes close |
| 10 | | surveillance or supervision of patients liable to suffer |
| 11 | | deterioration in physical or mental health and checks of |
| 12 | | various parameters such as pulse rate, temperature, |
| 13 | | respiration rate, the condition of the pupils, the level of |
| 14 | | consciousness and awareness, the degree of appreciation of |
| 15 | | pain, and blood gas concentrations such as oxygen and carbon |
| 16 | | dioxide. |
| 17 | | "NREMT" means the National Registry of Emergency Medical |
| 18 | | Technicians. |
| 19 | | "Physical license" means the paper copy of the license |
| 20 | | issued by the Department to EMS personnel who have met the |
| 21 | | Department's education, training, and examination |
| 22 | | requirements. |
| 23 | | "Silver spanner program" means a program in which a member |
| 24 | | under a fire department's or fire protection district's |
| 25 | | collective bargaining agreement works on or at the EMS System |
| 26 | | under another fire department's or fire protection district's |
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| 1 | | collective bargaining agreement and (i) the other fire |
| 2 | | department or fire protection district is not the member's |
| 3 | | full-time employer and (ii) any EMS services not included |
| 4 | | under the original fire department's or fire protection |
| 5 | | district's collective bargaining agreement are included in the |
| 6 | | other fire department's or fire protection district's |
| 7 | | collective bargaining agreement. |
| 8 | | "Trauma" means any significant injury which involves |
| 9 | | single or multiple organ systems. |
| 10 | | (Source: P.A. 103-521, eff. 1-1-24; 103-689, eff. 1-1-25; |
| 11 | | 104-362, eff. 8-15-25.) |
| 12 | | (210 ILCS 50/3.35) |
| 13 | | Sec. 3.35. Emergency Medical Services (EMS) Resource |
| 14 | | Hospital; Functions. The Resource Hospital of an EMS System |
| 15 | | shall: |
| 16 | | (a) Prepare a Program Plan in accordance with the |
| 17 | | provisions of this Act and minimum standards and criteria |
| 18 | | established in rules adopted by the Department pursuant to |
| 19 | | this Act, and submit such Program Plan to the Department |
| 20 | | for approval. The Department shall require each EMS System |
| 21 | | to have a Department-approved policy regarding Just |
| 22 | | Culture for evaluating and responding to human error, |
| 23 | | at-risk, reckless behavior, or failures to perform |
| 24 | | emergency and nonemergency medical services in accordance |
| 25 | | with the defined scope of practice of the EMS personnel, |
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| 1 | | EMS System Program Plan, and rules established by the |
| 2 | | Department. The Just Culture policy shall be used by the |
| 3 | | EMS Medical Director when issuing EMS System discipline or |
| 4 | | EMS System participation suspension. |
| 5 | | (b) Appoint an EMS Medical Director, who will |
| 6 | | continually monitor and supervise the System and who will |
| 7 | | have the responsibility and authority for total management |
| 8 | | of the System as delegated by the EMS Resource Hospital. |
| 9 | | The Program Plan shall require the EMS Medical |
| 10 | | Director to appoint an alternate EMS Medical Director and |
| 11 | | establish a written protocol addressing the functions to |
| 12 | | be carried out in his or her absence. |
| 13 | | (c) Appoint an EMS System Coordinator and EMS |
| 14 | | Administrative Director in consultation with the EMS |
| 15 | | Medical Director and in accordance with rules adopted by |
| 16 | | the Department pursuant to this Act. |
| 17 | | (d) Identify potential EMS System participants and |
| 18 | | obtain commitments from them for the provision of |
| 19 | | services. |
| 20 | | (e) Educate or coordinate the education of EMS |
| 21 | | personnel and all other license holders in accordance with |
| 22 | | the requirements of this Act, rules adopted by the |
| 23 | | Department pursuant to this Act, and the EMS System |
| 24 | | Program Plan. An EMS System may coordinate education |
| 25 | | outside of the region of which it is located with valid |
| 26 | | justification and Department approval. The didactic |
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| 1 | | portion of education may be conducted through an online |
| 2 | | platform with EMS System and Department approval. An |
| 3 | | education plan within a Resource Hospital may include |
| 4 | | classes performed outside of the region in which the |
| 5 | | Resource Hospital is located. When considering whether to |
| 6 | | approve or deny an education plan for classes performed |
| 7 | | outside of the region in which a Resource Hospital is |
| 8 | | located, the Department shall give deference to the EMS |
| 9 | | Medical Director's education plan request and shall not |
| 10 | | unreasonably withhold approval. |
| 11 | | (f) Notify the Department of EMS personnel who have |
| 12 | | successfully completed the requirements as provided by law |
| 13 | | for initial licensure, license renewal, and license |
| 14 | | reinstatement by the Department. |
| 15 | | (g) Educate or coordinate the education of Emergency |
| 16 | | Medical Dispatcher candidates, in accordance with the |
| 17 | | requirements of this Act, rules adopted by the Department |
| 18 | | pursuant to this Act, and the EMS System Program Plan. |
| 19 | | (h) Establish or approve protocols for prearrival |
| 20 | | medical instructions to callers by System Emergency |
| 21 | | Medical Dispatchers who provide such instructions. |
| 22 | | (i) Educate or coordinate the education of |
| 23 | | Pre-Hospital Registered Nurse, Pre-Hospital Advanced |
| 24 | | Practice Registered Nurse, Pre-Hospital Physician |
| 25 | | Assistant, and ECRN candidates, in accordance with the |
| 26 | | requirements of this Act, rules adopted by the Department |
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| 1 | | pursuant to this Act, and the EMS System Program Plan. |
| 2 | | (j) Approve Pre-Hospital Registered Nurse, |
| 3 | | Pre-Hospital Advanced Practice Registered Nurse, |
| 4 | | Pre-Hospital Physician Assistant, and ECRN candidates to |
| 5 | | practice within the System, and reapprove Pre-Hospital |
| 6 | | Registered Nurses, Pre-Hospital Advanced Practice |
| 7 | | Registered Nurses, Pre-Hospital Physician Assistants, and |
| 8 | | ECRNs every 4 years in accordance with the requirements of |
| 9 | | the Department and the System Program Plan. |
| 10 | | (k) Establish protocols for the use of Pre-Hospital |
| 11 | | Registered Nurses, Pre-Hospital Advanced Practice |
| 12 | | Registered Nurses, and Pre-Hospital Physician Assistants |
| 13 | | within the System. |
| 14 | | (l) Establish protocols for utilizing ECRNs and |
| 15 | | physicians licensed to practice medicine in all of its |
| 16 | | branches to monitor telecommunications from, and give |
| 17 | | voice orders to, EMS personnel, under the authority of the |
| 18 | | EMS Medical Director. |
| 19 | | (m) Monitor emergency and non-emergency medical |
| 20 | | transports within the System, in accordance with rules |
| 21 | | adopted by the Department pursuant to this Act. |
| 22 | | (n) Utilize levels of personnel required by the |
| 23 | | Department to provide emergency care to the sick and |
| 24 | | injured at the scene of an emergency, during transport to |
| 25 | | a hospital or during inter-hospital transport and within |
| 26 | | the hospital emergency department until the responsibility |
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| 1 | | for the care of the patient is assumed by the medical |
| 2 | | personnel of a hospital emergency department or other |
| 3 | | facility within the hospital to which the patient is first |
| 4 | | delivered by System personnel. |
| 5 | | (o) Utilize levels of personnel required by the |
| 6 | | Department to provide non-emergency medical services |
| 7 | | during transport to a health care facility and within the |
| 8 | | health care facility until the responsibility for the care |
| 9 | | of the patient is assumed by the medical personnel of the |
| 10 | | health care facility to which the patient is delivered by |
| 11 | | System personnel. |
| 12 | | (p) Establish and implement a program for System |
| 13 | | participant information and education, in accordance with |
| 14 | | rules adopted by the Department pursuant to this Act. |
| 15 | | (q) Establish and implement a program for public |
| 16 | | information and education, in accordance with rules |
| 17 | | adopted by the Department pursuant to this Act. |
| 18 | | (r) Operate in compliance with the EMS Region Plan. |
| 19 | | (Source: P.A. 103-689, eff. 1-1-25.) |
| 20 | | (210 ILCS 50/3.40) |
| 21 | | Sec. 3.40. EMS System Participation Suspensions and Due |
| 22 | | Process. |
| 23 | | (a) An EMS Medical Director may suspend from participation |
| 24 | | within the System any EMS personnel, EMS Lead Instructor (LI), |
| 25 | | individual, individual provider, or other participant |
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| 1 | | considered not to be meeting the requirements of the Program |
| 2 | | Plan of that approved EMS System. An EMS Medical Director must |
| 3 | | submit a suspension order to the Department describing which |
| 4 | | requirements of the Program Plan were not met and the |
| 5 | | suspension's duration. The Department shall review and confirm |
| 6 | | receipt of the suspension order, request additional |
| 7 | | information, or initiate an investigation. The Department |
| 8 | | shall incorporate the duration of that suspension into any |
| 9 | | further action taken by the Department to suspend, revoke, or |
| 10 | | refuse to issue or renew the license of the individual or |
| 11 | | entity for any violation of this Act or the Program Plan |
| 12 | | arising from the same conduct for which the suspension order |
| 13 | | was issued if the suspended party has neither requested a |
| 14 | | Department hearing on the suspension nor worked as a provider |
| 15 | | in any other System during the term of the suspension. |
| 16 | | (b) Prior to suspending any individual or entity, an EMS |
| 17 | | Medical Director shall provide an opportunity for a hearing |
| 18 | | before the local System review board in accordance with |
| 19 | | subsection (f) and the rules promulgated by the Department. |
| 20 | | The local System review board shall have the authority to |
| 21 | | affirm, reduce, reverse, or modify, but not increase, the EMS |
| 22 | | Medical Director's suspension order. The local System review |
| 23 | | board shall consist of 3 members. One member shall be an |
| 24 | | emergency department physician with knowledge of EMS, and 2 |
| 25 | | members shall be of the same professional category as the |
| 26 | | individual, individual provider, or other participant |
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| 1 | | requesting the hearing. The EMS Medical Director shall |
| 2 | | establish, maintain, and post in a 24-hour accessible location |
| 3 | | a roster of pre-identified System review board members. The |
| 4 | | roster shall include multiple individuals representing each |
| 5 | | professional category operating within the EMS System, no less |
| 6 | | than 5 members. The roster shall be structured to ensure |
| 7 | | representation across the range of license types within the |
| 8 | | EMS System and support the selection of impartial and |
| 9 | | appropriately matched peers for each proceeding. |
| 10 | | The selection of the System review board members for a |
| 11 | | hearing shall be conducted by the EMS Medical Director or the |
| 12 | | EMS Medical Director's designee from the roster. Prior to |
| 13 | | finalizing the selection, the individual provider or |
| 14 | | participant requesting the hearing shall be provided the |
| 15 | | opportunity to review and approve the proposed review board |
| 16 | | members and provide any objections based on conflicts of |
| 17 | | interest or demonstrated bias. If the EMS Medical Director or |
| 18 | | the EMS Medical Director's designee and the EMS System |
| 19 | | participant or participating entity are unable to come to an |
| 20 | | agreement, the final decision shall be made by the Department. |
| 21 | | (1) If the local System review board affirms, or |
| 22 | | reduces, or modifies the EMS Medical Director's suspension |
| 23 | | order, the individual or entity shall have the opportunity |
| 24 | | for a review of the local board's decision by the State EMS |
| 25 | | Disciplinary Review Board, pursuant to Section 3.45 of |
| 26 | | this Act. |
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| 1 | | (2) If the local System review board reverses, or |
| 2 | | reduces, or modifies the EMS Medical Director's suspension |
| 3 | | order, the EMS Medical Director shall have the opportunity |
| 4 | | for a review of the local board's decision by the State EMS |
| 5 | | Disciplinary Review Board, pursuant to Section 3.45 of |
| 6 | | this Act. |
| 7 | | (3) The suspension shall commence only upon the |
| 8 | | occurrence of one of the following: |
| 9 | | (A) the individual or entity has waived the |
| 10 | | opportunity for a hearing before the local System |
| 11 | | review board; |
| 12 | | (B) the order has been affirmed, or reduced, or |
| 13 | | modified by the local system review board and the |
| 14 | | individual or entity has waived the opportunity for |
| 15 | | review by the State Board; or |
| 16 | | (C) the order has been affirmed, or reduced, or |
| 17 | | modified by the local system review board, and the |
| 18 | | local board's decision has been affirmed, or reduced, |
| 19 | | or modified by the State Board. |
| 20 | | (c) An individual interviewed or investigated by the local |
| 21 | | system review board or the Department shall have the right to a |
| 22 | | union representative and legal counsel of the individual's |
| 23 | | choosing present at any interview. The union representative |
| 24 | | must comply with any confidentiality requirements and |
| 25 | | requirements for the protection of any patient information |
| 26 | | presented during the proceeding. |
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| 1 | | (d) An EMS Medical Director may immediately suspend an |
| 2 | | EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, |
| 3 | | PHAPRN, or other individual or entity if he or she finds that |
| 4 | | the continuation in practice by the individual or entity would |
| 5 | | constitute an imminent danger to the public. The suspended |
| 6 | | individual or entity shall be issued an immediate verbal |
| 7 | | notification followed by a written suspension order by the EMS |
| 8 | | Medical Director which states the length, terms, and basis for |
| 9 | | the suspension. |
| 10 | | (1) Within 24 hours following the commencement of the |
| 11 | | suspension, the EMS Medical Director shall deliver to the |
| 12 | | Department, by messenger, telefax, or other |
| 13 | | Department-approved electronic communication, a copy of |
| 14 | | the suspension order and copies of any written materials |
| 15 | | which relate to the EMS Medical Director's decision to |
| 16 | | suspend the individual or entity. All medical and |
| 17 | | patient-specific information, including Department |
| 18 | | findings with respect to the quality of care rendered, |
| 19 | | shall be strictly confidential pursuant to the Medical |
| 20 | | Studies Act (Part 21 of Article VIII of the Code of Civil |
| 21 | | Procedure). |
| 22 | | (2) Within 24 hours following the commencement of the |
| 23 | | suspension, the suspended individual or entity may deliver |
| 24 | | to the Department, by messenger, telefax, or other |
| 25 | | Department-approved electronic communication, a written |
| 26 | | response to the suspension order and copies of any written |
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| 1 | | materials which the individual or entity feels are |
| 2 | | appropriate. All medical and patient-specific information, |
| 3 | | including Department findings with respect to the quality |
| 4 | | of care rendered, shall be strictly confidential pursuant |
| 5 | | to the Medical Studies Act. |
| 6 | | (3) Within 24 hours following receipt of the EMS |
| 7 | | Medical Director's suspension order or the individual or |
| 8 | | entity's written response, whichever is later, the |
| 9 | | Director or the Director's designee shall determine |
| 10 | | whether the suspension should be stayed pending an |
| 11 | | opportunity for a hearing or review in accordance with |
| 12 | | this Act, or whether the suspension should continue during |
| 13 | | the course of that hearing or review. When an immediate |
| 14 | | suspension order is not stayed, the Director or the |
| 15 | | Director's designee within the Department shall identify |
| 16 | | if that suspension shall immediately apply to statewide |
| 17 | | participation only in situations when a licensee has been |
| 18 | | charged with a crime while performing the licensee's |
| 19 | | official duties as an EMR, EMD, EMT, EMT-I, A-EMT, |
| 20 | | Paramedic, ECRN, TNS, PHRN, LI, PHPA, or PHAPRN and the |
| 21 | | licensee's continuation to practice poses the possibility |
| 22 | | of imminent harm to the public based upon factual evidence |
| 23 | | provided to the Department. The determination to issue an |
| 24 | | immediate statewide suspension shall not deny the right to |
| 25 | | due process to a licensee. The Director or the Director's |
| 26 | | designee shall issue this determination to the EMS Medical |
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| 1 | | Director, who shall immediately notify the suspended |
| 2 | | individual or entity. The suspension shall remain in |
| 3 | | effect during this period of review by the Director or the |
| 4 | | Director's designee. |
| 5 | | (e) Upon issuance of a suspension order for reasons |
| 6 | | directly related to medical care, the EMS Medical Director |
| 7 | | shall also provide the individual or entity with the |
| 8 | | opportunity for a hearing before the local System review |
| 9 | | board, in accordance with subsection (f) and the rules |
| 10 | | promulgated by the Department. The local System review board |
| 11 | | shall have the authority to affirm, reduce, reverse, or |
| 12 | | modify, but not increase, the EMS Medical Director's |
| 13 | | suspension order. |
| 14 | | (1) If the local System review board affirms, or |
| 15 | | reduces, or modifies the EMS Medical Director's suspension |
| 16 | | order, the individual or entity shall have the opportunity |
| 17 | | for a review of the local board's decision by the State EMS |
| 18 | | Disciplinary Review Board, pursuant to Section 3.45 of |
| 19 | | this Act. |
| 20 | | (2) If the local System review board reverses, or |
| 21 | | reduces, or modifies the EMS Medical Director's suspension |
| 22 | | order, the EMS Medical Director shall have the opportunity |
| 23 | | for a review of the local board's decision by the State EMS |
| 24 | | Disciplinary Review Board, pursuant to Section 3.45 of |
| 25 | | this Act. |
| 26 | | (3) The suspended individual or entity may elect to |
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| 1 | | bypass the local System review board and seek direct |
| 2 | | review of the EMS Medical Director's suspension order by |
| 3 | | the State EMS Disciplinary Review Board. |
| 4 | | (f) The Resource Hospital shall designate a local System |
| 5 | | review board in accordance with the rules of the Department, |
| 6 | | for the purpose of providing a hearing to any individual or |
| 7 | | entity participating within the System who is suspended from |
| 8 | | participation by the EMS Medical Director. The EMS Medical |
| 9 | | Director shall arrange for a certified shorthand reporter to |
| 10 | | make a stenographic record of that hearing and thereafter |
| 11 | | prepare a transcript of the proceedings. The EMS Medical |
| 12 | | Director shall inform the individual of the individual's right |
| 13 | | to have a union representative and legal counsel of the |
| 14 | | individual's choosing present at any interview. The union |
| 15 | | representative must comply with any confidentiality |
| 16 | | requirements and requirements for the protection of any |
| 17 | | patient information presented during the proceeding. The |
| 18 | | transcript, all documents or materials received as evidence |
| 19 | | during the hearing and the local System review board's written |
| 20 | | decision shall be retained in the custody of the EMS system. |
| 21 | | The System shall implement a decision of the local System |
| 22 | | review board unless that decision has been appealed to the |
| 23 | | State Emergency Medical Services Disciplinary Review Board in |
| 24 | | accordance with this Act and the rules of the Department. |
| 25 | | (g) The Resource Hospital shall implement a decision of |
| 26 | | the State Emergency Medical Services Disciplinary Review Board |
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| 1 | | which has been rendered in accordance with this Act and the |
| 2 | | rules of the Department. |
| 3 | | (Source: P.A. 103-521, eff. 1-1-24; 103-779, eff. 8-2-24; |
| 4 | | 104-417, eff. 8-15-25.) |
| 5 | | (210 ILCS 50/3.45) |
| 6 | | Sec. 3.45. State Emergency Medical Services Disciplinary |
| 7 | | Review Board. |
| 8 | | (a) The Governor shall appoint a State Emergency Medical |
| 9 | | Services Disciplinary Review Board, composed of an EMS Medical |
| 10 | | Director, an EMS System Coordinator, a Paramedic, an Emergency |
| 11 | | Medical Technician (EMT), and the following members, who shall |
| 12 | | only review cases in which a party is from the same |
| 13 | | professional category: a Pre-Hospital Registered Nurse, a |
| 14 | | Pre-Hospital Advanced Practice Registered Nurse, a |
| 15 | | Pre-Hospital Physician Assistant, an ECRN, a Trauma Nurse |
| 16 | | Specialist, an Emergency Medical Technician-Intermediate |
| 17 | | (EMT-I), an Advanced Emergency Medical Technician (A-EMT), a |
| 18 | | representative from a private vehicle service provider, a |
| 19 | | representative from a public vehicle service provider, and an |
| 20 | | emergency physician who monitors telecommunications from and |
| 21 | | gives voice orders to EMS personnel. The Governor shall also |
| 22 | | appoint one alternate for each member of the Board, from the |
| 23 | | same professional category as the member of the Board. |
| 24 | | (b) The members shall be appointed for a term of 3 years. |
| 25 | | All appointees shall serve until their successors are |
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| 1 | | appointed. The alternate members shall be appointed and serve |
| 2 | | in the same fashion as the members of the Board. If a member |
| 3 | | resigns his or her appointment, the corresponding alternate |
| 4 | | shall serve the remainder of that member's term until a |
| 5 | | subsequent member is appointed by the Governor. |
| 6 | | (c) The function of the Board is to review and affirm, |
| 7 | | reduce, reverse, or modify, but not increase, disciplinary |
| 8 | | orders. |
| 9 | | (d) Any individual or entity, who received an immediate |
| 10 | | suspension from an EMS Medical Director may request the Board |
| 11 | | to reduce, reverse, or modify the suspension order. If the |
| 12 | | suspension had been affirmed, or reduced, or modified by a |
| 13 | | local System review board, the suspended individual or entity |
| 14 | | may request the Board to reduce, reverse, or modify the local |
| 15 | | board's decision. |
| 16 | | (e) Any individual or entity who received a non-immediate |
| 17 | | suspension order from an EMS Medical Director which was |
| 18 | | affirmed or modified by a local System review board may |
| 19 | | request the Board to reduce, reverse, or modify the local |
| 20 | | board's decision. The individual shall be informed of the |
| 21 | | individual's right to have one representative from the labor |
| 22 | | organization recognized as the exclusive representative of |
| 23 | | that individual's bargaining unit present and a legal |
| 24 | | representative present during the State Emergency Medical |
| 25 | | Services Disciplinary Review Board proceedings during open |
| 26 | | session. The labor organization's representative must also |
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| 1 | | comply with all confidentiality requirements and requirements |
| 2 | | for the protection of any patient information presented during |
| 3 | | the proceeding. |
| 4 | | (f) An EMS Medical Director whose suspension order was |
| 5 | | reduced, reversed, or modified by a local System review board |
| 6 | | may request the Board to reverse or modify the local board's |
| 7 | | decision. |
| 8 | | (g) The Board shall meet on the first Tuesday of every |
| 9 | | month, unless no requests for review have been submitted. |
| 10 | | Additional meetings of the Board shall be scheduled to ensure |
| 11 | | that a request for direct review of an immediate suspension |
| 12 | | order is scheduled within 14 days after the Department |
| 13 | | receives the request for review or as soon thereafter as a |
| 14 | | quorum is available. The Board shall meet in Springfield or |
| 15 | | Chicago, whichever location is closer to the majority of the |
| 16 | | members or alternates attending the meeting. The Department |
| 17 | | shall reimburse the members and alternates of the Board for |
| 18 | | reasonable travel expenses incurred in attending meetings of |
| 19 | | the Board. |
| 20 | | (h) A request for review shall be submitted in writing to |
| 21 | | the Chief of the Department's Division of Emergency Medical |
| 22 | | Services and Highway Safety, within 10 days after receiving |
| 23 | | the local board's decision or the EMS Medical Director's |
| 24 | | suspension order, whichever is applicable, a copy of which |
| 25 | | shall be enclosed. |
| 26 | | (i) At its regularly scheduled meetings, the Board shall |
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| 1 | | review requests which have been received by the Department at |
| 2 | | least 10 working days prior to the Board's meeting date. |
| 3 | | Requests for review which are received less than 10 working |
| 4 | | days prior to a scheduled meeting shall be considered at the |
| 5 | | Board's next scheduled meeting, except that requests for |
| 6 | | direct review of an immediate suspension order may be |
| 7 | | scheduled up to 3 working days prior to the Board's meeting |
| 8 | | date. |
| 9 | | (j) A quorum shall be required for the Board to meet, which |
| 10 | | shall consist of 3 members or alternates, including the EMS |
| 11 | | Medical Director or alternate and the member or alternate from |
| 12 | | the same professional category as the subject of the |
| 13 | | suspension order. At each meeting of the Board, the members or |
| 14 | | alternates present shall select a Chairperson to conduct the |
| 15 | | meeting. |
| 16 | | (k) Deliberations for decisions of the State EMS |
| 17 | | Disciplinary Review Board shall be conducted in closed |
| 18 | | session. Department staff may attend for the purpose of |
| 19 | | providing clerical assistance, but no other persons may be in |
| 20 | | attendance except for the parties to the dispute being |
| 21 | | reviewed by the Board and their attorneys, unless by request |
| 22 | | of the Board. |
| 23 | | (l) The Board shall review the transcript, evidence, and |
| 24 | | written decision of the local review board, or the written |
| 25 | | decision and supporting documentation of the EMS Medical |
| 26 | | Director, whichever is applicable, along with any additional |
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| 1 | | written or verbal testimony or argument offered by the parties |
| 2 | | to the dispute. |
| 3 | | (m) At the conclusion of its review, the Board shall issue |
| 4 | | its decision and the basis for its decision on a form provided |
| 5 | | by the Department, and shall submit to the Department its |
| 6 | | written decision together with the record of the local System |
| 7 | | review board. The Department shall promptly issue a copy of |
| 8 | | the Board's decision to all affected parties. The Board's |
| 9 | | decision shall be binding on all parties. |
| 10 | | (Source: P.A. 103-521, eff. 1-1-24.) |
| 11 | | (210 ILCS 50/3.50) |
| 12 | | Sec. 3.50. Emergency Medical Services personnel licensure |
| 13 | | levels. |
| 14 | | (a) "Emergency Medical Technician" or "EMT" means a person |
| 15 | | who has successfully completed a course in basic life support |
| 16 | | as approved by the Department, is currently licensed by the |
| 17 | | Department in accordance with standards prescribed by this Act |
| 18 | | and rules adopted by the Department pursuant to this Act, and |
| 19 | | practices within an EMS System. A valid Emergency Medical |
| 20 | | Technician-Basic (EMT-B) license issued under this Act shall |
| 21 | | continue to be valid and shall be recognized as an Emergency |
| 22 | | Medical Technician (EMT) license until the Emergency Medical |
| 23 | | Technician-Basic (EMT-B) license expires. |
| 24 | | (b) "Emergency Medical Technician-Intermediate" or "EMT-I" |
| 25 | | means a person who has successfully completed a course in |
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| 1 | | intermediate life support as approved by the Department, is |
| 2 | | currently licensed by the Department in accordance with |
| 3 | | standards prescribed by this Act and rules adopted by the |
| 4 | | Department pursuant to this Act, and practices within an |
| 5 | | Intermediate or Advanced Life Support EMS System. |
| 6 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" |
| 7 | | means a person who has successfully completed a course in |
| 8 | | basic and limited advanced emergency medical care as approved |
| 9 | | by the Department, is currently licensed by the Department in |
| 10 | | accordance with standards prescribed by this Act and rules |
| 11 | | adopted by the Department pursuant to this Act, and practices |
| 12 | | within an Intermediate or Advanced Life Support EMS System. |
| 13 | | (c) "Paramedic (EMT-P)" means a person who has |
| 14 | | successfully completed a course in advanced life support care |
| 15 | | as approved by the Department, is licensed by the Department |
| 16 | | in accordance with standards prescribed by this Act and rules |
| 17 | | adopted by the Department pursuant to this Act, and practices |
| 18 | | within an Advanced Life Support EMS System. A valid Emergency |
| 19 | | Medical Technician-Paramedic (EMT-P) license issued under this |
| 20 | | Act shall continue to be valid and shall be recognized as a |
| 21 | | Paramedic license until the Emergency Medical |
| 22 | | Technician-Paramedic (EMT-P) license expires. |
| 23 | | (c-5) "Emergency Medical Responder" or "EMR (First |
| 24 | | Responder)" means a person who has successfully completed a |
| 25 | | course in emergency medical response as approved by the |
| 26 | | Department and provides emergency medical response services in |
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| 1 | | accordance with the level of care established by the National |
| 2 | | EMS Educational Standards Emergency Medical Responder course |
| 3 | | as modified by the Department, or who provides services as |
| 4 | | part of an EMS System response plan, as approved by the |
| 5 | | Department, of that EMS System. The Department shall have the |
| 6 | | authority to adopt rules governing the curriculum, practice, |
| 7 | | and necessary equipment applicable to Emergency Medical |
| 8 | | Responders. |
| 9 | | On August 15, 2014 (the effective date of Public Act |
| 10 | | 98-973), a person who is licensed by the Department as a First |
| 11 | | Responder and has completed a Department-approved course in |
| 12 | | first responder defibrillator training based on, or equivalent |
| 13 | | to, the National EMS Educational Standards or other standards |
| 14 | | previously recognized by the Department shall be eligible for |
| 15 | | licensure as an Emergency Medical Responder upon meeting the |
| 16 | | licensure requirements and submitting an application to the |
| 17 | | Department. A valid First Responder license issued under this |
| 18 | | Act shall continue to be valid and shall be recognized as an |
| 19 | | Emergency Medical Responder license until the First Responder |
| 20 | | license expires. |
| 21 | | (c-10) All EMS Systems and licensees shall be fully |
| 22 | | compliant with the National EMS Education Standards, as |
| 23 | | modified by the Department in administrative rules, within 24 |
| 24 | | months after the adoption of the administrative rules. |
| 25 | | (d) The Department shall have the authority and |
| 26 | | responsibility to: |
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| 1 | | (1) Prescribe education and training requirements, |
| 2 | | which includes training in the use of epinephrine, for all |
| 3 | | levels of EMS personnel except for EMRs, based on the |
| 4 | | National EMS Educational Standards and any modifications |
| 5 | | to those curricula specified by the Department through |
| 6 | | rules adopted pursuant to this Act. |
| 7 | | (A) A failure rate per course of 30% or greater at |
| 8 | | the first attempt on the licensure examination shall |
| 9 | | require the EMS System to submit a quality improvement |
| 10 | | plan to the Department. The EMS System shall share |
| 11 | | failure rates with the EMS Lead Instructor quarterly. |
| 12 | | Neither the EMS System nor the Department may take |
| 13 | | licensure action against an EMS Lead Instructor based |
| 14 | | solely on first-attempt pass rates. |
| 15 | | (B) Candidates shall complete the licensure |
| 16 | | examination within the timeline required by the NREMT. |
| 17 | | (C) An accredited Paramedic program shall be |
| 18 | | conducted only by an EMS System or an academic |
| 19 | | institution whose curriculum has been approved by the |
| 20 | | EMS System. An EMS System associate hospital may allow |
| 21 | | students from an EMS System-approved and |
| 22 | | Department-approved Paramedic course to complete |
| 23 | | clinical rotations as approved by the EMS System |
| 24 | | Medical Director. The approval by the EMS System |
| 25 | | Medical Director may not be unreasonably denied. |
| 26 | | (2) Prescribe licensure testing requirements for all |
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| 1 | | levels of EMS personnel, which shall include a requirement |
| 2 | | that all phases of instruction, training, and field |
| 3 | | experience be completed before taking the appropriate |
| 4 | | licensure examination. Candidates shall take the |
| 5 | | appropriate National Registry examination. In prescribing |
| 6 | | licensure testing requirements for honorably discharged |
| 7 | | members of the armed forces of the United States under |
| 8 | | this paragraph (2), the Department shall ensure that a |
| 9 | | candidate's military emergency medical training, emergency |
| 10 | | medical curriculum completed, and clinical experience, as |
| 11 | | described in paragraph (2.5), are recognized. |
| 12 | | (2.5) Review applications for EMS personnel licensure |
| 13 | | from honorably discharged members of the armed forces of |
| 14 | | the United States with military emergency medical |
| 15 | | training. Applications shall be filed with the Department |
| 16 | | within one year after military discharge and shall |
| 17 | | contain: (i) proof of successful completion of military |
| 18 | | emergency medical training; (ii) a detailed description of |
| 19 | | the emergency medical curriculum completed; and (iii) a |
| 20 | | detailed description of the applicant's clinical |
| 21 | | experience. The Department may request additional and |
| 22 | | clarifying information. The Department shall evaluate the |
| 23 | | application, including the applicant's training and |
| 24 | | experience, consistent with the standards set forth under |
| 25 | | subsections (a), (b), (c), and (d) of Section 3.10. If the |
| 26 | | application clearly demonstrates that the training and |
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| 1 | | experience meet such standards, the Department shall offer |
| 2 | | the applicant the opportunity to successfully complete a |
| 3 | | Department-approved EMS personnel examination for the |
| 4 | | level of license for which the applicant is qualified. |
| 5 | | Upon passage of an examination, the Department shall issue |
| 6 | | a license, which shall be subject to all provisions of |
| 7 | | this Act that are otherwise applicable to the level of EMS |
| 8 | | personnel license issued. |
| 9 | | (3) License individuals as an EMR, EMT, EMT-I, A-EMT, |
| 10 | | or Paramedic who have met the Department's education, |
| 11 | | training and examination requirements. |
| 12 | | (A) The Department shall issue to EMS personnel a |
| 13 | | physical license or digital license. |
| 14 | | (B) A licensee shall not be required to possess a |
| 15 | | copy of a physical license or a digital license on the |
| 16 | | licensee's person while on duty. |
| 17 | | (4) Prescribe annual continuing education and |
| 18 | | relicensure requirements for all EMS personnel licensure |
| 19 | | levels. |
| 20 | | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, |
| 21 | | A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years, |
| 22 | | based on their compliance with continuing education and |
| 23 | | relicensure requirements as required by the Department |
| 24 | | pursuant to this Act. Every 4 years, a Paramedic shall |
| 25 | | have 100 hours of approved continuing education, an EMT-I |
| 26 | | and an advanced EMT shall have 80 hours of approved |
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| 1 | | continuing education, and an EMT shall have 60 hours of |
| 2 | | approved continuing education. An Illinois licensed EMR, |
| 3 | | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or |
| 4 | | PHRN whose license has been expired for less than 36 |
| 5 | | months may apply for reinstatement by the Department. |
| 6 | | Reinstatement shall require that the applicant (i) submit |
| 7 | | satisfactory proof of completion of continuing medical |
| 8 | | education and clinical requirements to be prescribed by |
| 9 | | the Department in an administrative rule; (ii) submit a |
| 10 | | positive recommendation from an Illinois EMS Medical |
| 11 | | Director attesting to the applicant's qualifications for |
| 12 | | retesting; and (iii) pass a Department approved test for |
| 13 | | the level of EMS personnel license sought to be |
| 14 | | reinstated. |
| 15 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, |
| 16 | | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who |
| 17 | | qualifies, based on standards and procedures established |
| 18 | | by the Department in rules adopted pursuant to this Act. |
| 19 | | (7) Charge a fee for EMS personnel examination, |
| 20 | | licensure, and license renewal. |
| 21 | | (8) Suspend, revoke, or refuse to issue or renew the |
| 22 | | license of any licensee, after an opportunity for an |
| 23 | | impartial hearing before a neutral administrative law |
| 24 | | judge appointed by the Director, where the preponderance |
| 25 | | of the evidence shows one or more of the following: |
| 26 | | (A) The licensee has not met continuing education |
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| 1 | | or relicensure requirements as prescribed by the |
| 2 | | Department; |
| 3 | | (B) The licensee has failed to maintain |
| 4 | | proficiency in the level of skills for which he or she |
| 5 | | is licensed; |
| 6 | | (C) The licensee, during the provision of medical |
| 7 | | services, engaged in dishonorable, unethical, or |
| 8 | | unprofessional conduct of a character likely to |
| 9 | | deceive, defraud, or harm the public; |
| 10 | | (D) The licensee has failed to maintain or has |
| 11 | | violated standards of performance and conduct as |
| 12 | | prescribed by the Department in rules adopted pursuant |
| 13 | | to this Act or his or her EMS System's Program Plan; |
| 14 | | (E) The licensee is physically impaired to the |
| 15 | | extent that he or she cannot physically perform the |
| 16 | | skills and functions for which he or she is licensed, |
| 17 | | as verified by a physician, unless the person is on |
| 18 | | inactive status pursuant to Department regulations; |
| 19 | | (F) The licensee is mentally impaired to the |
| 20 | | extent that he or she cannot exercise the appropriate |
| 21 | | judgment, skill and safety for performing the |
| 22 | | functions for which he or she is licensed, as verified |
| 23 | | by a physician, unless the person is on inactive |
| 24 | | status pursuant to Department regulations; |
| 25 | | (G) The licensee has violated this Act or any rule |
| 26 | | adopted by the Department pursuant to this Act; or |
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| 1 | | (H) The licensee has been convicted (or entered a |
| 2 | | plea of guilty or nolo contendere) by a court of |
| 3 | | competent jurisdiction of a Class X, Class 1, or Class |
| 4 | | 2 felony in this State or an out-of-state equivalent |
| 5 | | offense. |
| 6 | | (9) Prescribe education and training requirements in |
| 7 | | the administration and use of opioid antagonists for all |
| 8 | | levels of EMS personnel based on the National EMS |
| 9 | | Educational Standards and any modifications to those |
| 10 | | curricula specified by the Department through rules |
| 11 | | adopted pursuant to this Act. |
| 12 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, |
| 13 | | PHAPRN, PHPA, or PHRN who is a member of the Illinois National |
| 14 | | Guard or an Illinois State Trooper or who exclusively serves |
| 15 | | as a volunteer for units of local government with a population |
| 16 | | base of less than 5,000 or as a volunteer for a not-for-profit |
| 17 | | organization that serves a service area with a population base |
| 18 | | of less than 5,000 may submit an application to the Department |
| 19 | | for a waiver of the fees described under paragraph (7) of |
| 20 | | subsection (d) of this Section on a form prescribed by the |
| 21 | | Department. |
| 22 | | (d-10) A person who is not an EMS personnel may operate an |
| 23 | | EMS vehicle pursuant to this Act if the following requirements |
| 24 | | are met: (i) the person meets the requirements of Section |
| 25 | | 11-1421 of the Illinois Vehicle Code; (ii) 2 |
| 26 | | Department-licensed EMS personnel are present and have met |
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| 1 | | educational requirements prescribed by the Department; and |
| 2 | | (iii) the clinical condition of the patient necessitates the |
| 3 | | involvement of additional licensed personnel to ensure |
| 4 | | appropriate assessment, treatment, and patient safety. If a |
| 5 | | waiver is issued by the Department, the person who is not an |
| 6 | | EMS personnel may operate the EMS vehicle if only one EMS |
| 7 | | personnel is present. Upon request, the Department may issue a |
| 8 | | retroactive waiver when appropriate. |
| 9 | | The education requirements prescribed by the Department |
| 10 | | under this Section must allow for the suspension of those |
| 11 | | requirements in the case of a member of the armed services or |
| 12 | | reserve forces of the United States or a member of the Illinois |
| 13 | | National Guard who is on active duty pursuant to an executive |
| 14 | | order of the President of the United States, an act of the |
| 15 | | Congress of the United States, or an order of the Governor at |
| 16 | | the time that the member would otherwise be required to |
| 17 | | fulfill a particular education requirement. Such a person must |
| 18 | | fulfill the education requirement within 6 months after his or |
| 19 | | her release from active duty. |
| 20 | | (e) In the event that any rule of the Department or an EMS |
| 21 | | Medical Director that requires testing for drug use as a |
| 22 | | condition of the applicable EMS personnel license conflicts |
| 23 | | with or duplicates a provision of a collective bargaining |
| 24 | | agreement that requires testing for drug use, that rule shall |
| 25 | | not apply to any person covered by the collective bargaining |
| 26 | | agreement. |
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| 1 | | (f) At the time of applying for or renewing his or her |
| 2 | | license, an applicant for a license or license renewal may |
| 3 | | submit an email address to the Department. The Department |
| 4 | | shall keep the email address on file as a form of contact for |
| 5 | | the individual. The Department shall send license renewal |
| 6 | | notices electronically and by mail to a licensee who provides |
| 7 | | the Department with his or her email address. The notices |
| 8 | | shall be sent at least 60 days prior to the expiration date of |
| 9 | | the license. |
| 10 | | (Source: P.A. 104-362, eff. 8-15-25.) |