|
|
|
09500HB0313ham002 |
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LRB095 04718 DRH 34853 a |
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1 |
| means a person who has successfully completed a
course of |
2 |
| instruction in intermediate life support
as
prescribed by the |
3 |
| Department, is currently licensed by the
Department in |
4 |
| accordance with standards prescribed by this
Act and rules |
5 |
| adopted by the Department pursuant to this
Act, and practices |
6 |
| within an Intermediate or Advanced
Life Support EMS System.
|
7 |
| (c) "Emergency Medical Technician-Paramedic" or "EMT-P" |
8 |
| means a person who
has successfully completed a
course of |
9 |
| instruction in advanced life support care
as
prescribed by the |
10 |
| Department, is licensed by the Department
in accordance with |
11 |
| standards prescribed by this Act and
rules adopted by the |
12 |
| Department pursuant to this Act, and
practices within an |
13 |
| Advanced Life Support EMS System.
|
14 |
| (d) The Department shall have the authority and
|
15 |
| responsibility to:
|
16 |
| (1) Prescribe education and training requirements, |
17 |
| which
includes training in the use of epinephrine and |
18 |
| instruction to check a victim's driver's license for the |
19 |
| presence of a do-not-resuscitate order which may appear on |
20 |
| that driver's license as provided in Section 6-110 of the |
21 |
| Illinois Vehicle Code ,
for all levels of EMT, based on the |
22 |
| respective national
curricula of the United States |
23 |
| Department of Transportation
and any modifications to such |
24 |
| curricula specified by the
Department through rules |
25 |
| adopted pursuant to this Act;
|
26 |
| (2) Prescribe licensure testing requirements
for all |
|
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09500HB0313ham002 |
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LRB095 04718 DRH 34853 a |
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1 |
| levels of EMT, which shall include a requirement that
all |
2 |
| phases of instruction, training, and field experience be
|
3 |
| completed before taking the EMT licensure examination.
|
4 |
| Candidates may elect to take the National Registry of
|
5 |
| Emergency Medical Technicians examination in lieu of the
|
6 |
| Department's examination, but are responsible for making
|
7 |
| their own arrangements for taking the National Registry
|
8 |
| examination;
|
9 |
| (3) License individuals as an EMT-B, EMT-I,
or EMT-P |
10 |
| who have met the Department's education, training and
|
11 |
| testing requirements;
|
12 |
| (4) Prescribe annual continuing education and
|
13 |
| relicensure requirements for all levels of EMT , including |
14 |
| instruction to check a victim's driver's license for the |
15 |
| presence of a do-not-resuscitate order which may appear on |
16 |
| that driver's license as provided in Section 6-110 of the |
17 |
| Illinois Vehicle Code ;
|
18 |
| (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P |
19 |
| every 4 years, based on their compliance with
continuing |
20 |
| education and relicensure requirements;
|
21 |
| (6) Grant inactive status to any EMT who
qualifies, |
22 |
| based on standards and procedures established by
the |
23 |
| Department in rules adopted pursuant to this Act;
|
24 |
| (7) Charge each candidate for EMT a fee to be
submitted |
25 |
| with an application for a licensure examination;
|
26 |
| (8) Suspend, revoke, or refuse to renew the
license of |
|
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09500HB0313ham002 |
- 4 - |
LRB095 04718 DRH 34853 a |
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|
1 |
| an EMT, after an opportunity for a hearing, when
findings |
2 |
| show one or more of the following:
|
3 |
| (A) The EMT has not met continuing
education or |
4 |
| relicensure requirements as prescribed by the |
5 |
| Department;
|
6 |
| (B) The EMT has failed to maintain
proficiency in |
7 |
| the level of skills for which he or she is licensed;
|
8 |
| (C) The EMT, during the provision of
medical |
9 |
| services, engaged in dishonorable, unethical or
|
10 |
| unprofessional conduct of a character likely to |
11 |
| deceive,
defraud or harm the public;
|
12 |
| (D) The EMT has failed to maintain or
has violated |
13 |
| standards of performance and conduct as prescribed
by |
14 |
| the Department in rules adopted pursuant to this Act or
|
15 |
| his or her EMS System's Program Plan;
|
16 |
| (E) The EMT is physically impaired to
the extent |
17 |
| that he or she cannot physically perform the skills and
|
18 |
| functions for which he or she is licensed, as verified |
19 |
| by a
physician, unless the person is on inactive status |
20 |
| pursuant
to Department regulations;
|
21 |
| (F) The EMT is mentally impaired to the
extent that |
22 |
| he or she cannot exercise the appropriate judgment,
|
23 |
| skill and safety for performing the functions for which |
24 |
| he
or she is licensed, as verified by a physician, |
25 |
| unless the person
is on inactive status pursuant to |
26 |
| Department regulations; or
|
|
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09500HB0313ham002 |
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LRB095 04718 DRH 34853 a |
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| (G) The EMT has violated this Act or any
rule |
2 |
| adopted by the Department pursuant to this Act. |
3 |
| The education requirements prescribed by the Department |
4 |
| under this subsection must allow for the suspension of those |
5 |
| requirements in the case of a member of the armed services or |
6 |
| reserve forces of the United States or a member of the Illinois |
7 |
| National Guard who is on active duty pursuant to an executive |
8 |
| order of the President of the United States, an act of the |
9 |
| Congress of the United States, or an order of the Governor at |
10 |
| the time that the member would otherwise be required to fulfill |
11 |
| a particular education requirement. Such a person must fulfill |
12 |
| the education requirement within 6 months after his or her |
13 |
| release from active duty.
|
14 |
| (e) In the event that any rule of the
Department or an EMS |
15 |
| Medical Director that requires testing for drug
use as a |
16 |
| condition for EMT licensure conflicts with or
duplicates a |
17 |
| provision of a collective bargaining agreement
that requires |
18 |
| testing for drug use, that rule shall not
apply to any person |
19 |
| covered by the collective bargaining
agreement.
|
20 |
| (Source: P.A. 94-504, eff. 8-8-05.)
|
21 |
| (210 ILCS 50/3.150)
|
22 |
| Sec. 3.150. Immunity from civil liability.
|
23 |
| (a) Any person, agency or governmental body certified,
|
24 |
| licensed or authorized pursuant to this Act or rules
|
25 |
| thereunder, who in good faith provides emergency or
|
|
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09500HB0313ham002 |
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LRB095 04718 DRH 34853 a |
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1 |
| non-emergency medical services during a Department approved
|
2 |
| training course, in the normal course of conducting their
|
3 |
| duties, or in an emergency, shall not be civilly liable as a
|
4 |
| result of their acts or omissions in providing such services
|
5 |
| unless such acts or omissions, including the bypassing of
|
6 |
| nearby hospitals or medical facilities , and providing |
7 |
| cardiopulmonary resuscitation to a victim whose driver's |
8 |
| license contained a do-not-resuscitate order, in accordance |
9 |
| with
the protocols developed pursuant to this Act, constitute
|
10 |
| willful and wanton misconduct.
|
11 |
| (b) No person, including any private or
governmental |
12 |
| organization or institution that administers, sponsors,
|
13 |
| authorizes, supports, finances, educates or supervises the
|
14 |
| functions of emergency medical services personnel certified,
|
15 |
| licensed or authorized pursuant to this Act, including
persons |
16 |
| participating in a Department approved training
program, shall |
17 |
| be liable for any civil damages for any act
or omission in |
18 |
| connection with administration, sponsorship,
authorization, |
19 |
| support, finance, education or supervision of
such emergency |
20 |
| medical services personnel, where the act or
omission occurs in |
21 |
| connection with activities within the
scope of this Act, unless |
22 |
| the act or omission was the result
of willful and wanton |
23 |
| misconduct.
|
24 |
| (c) Exemption from civil liability for emergency care is as |
25 |
| provided in
the Good Samaritan Act , including exemption from |
26 |
| liability for providing cardiopulmonary resuscitation to a |
|
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09500HB0313ham002 |
- 7 - |
LRB095 04718 DRH 34853 a |
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|
1 |
| victim whose driver's license contained a do-not-resuscitate |
2 |
| order .
|
3 |
| (d) No local agency, entity of State or local
government, |
4 |
| or other public or private organization, nor any
officer, |
5 |
| director, trustee, employee, consultant or agent of
any such |
6 |
| entity, which sponsors, authorizes, supports,
finances, or |
7 |
| supervises the training of persons in a basic
cardiopulmonary |
8 |
| resuscitation course which complies with
generally recognized |
9 |
| standards, shall be liable for damages
in any civil action |
10 |
| based on the training of such persons
unless an act or omission |
11 |
| during the course of instruction
constitutes willful and wanton |
12 |
| misconduct.
|
13 |
| (e) No person who is certified to teach basic
|
14 |
| cardiopulmonary resuscitation, and who teaches a course of
|
15 |
| instruction which complies with generally recognized
standards |
16 |
| for basic cardiopulmonary resuscitation, shall be
liable for |
17 |
| damages in any civil action based on the acts or
omissions of a |
18 |
| person who received such instruction, unless
an act or omission |
19 |
| during the course of such instruction
constitutes willful and |
20 |
| wanton misconduct.
|
21 |
| (f) No member or alternate of the State Emergency
Medical |
22 |
| Services Disciplinary Review Board or a local System
review |
23 |
| board who in good faith exercises his
responsibilities under |
24 |
| this Act shall be liable for damages
in any civil action based |
25 |
| on such activities unless an act
or omission during the course |
26 |
| of such activities constitutes
willful and wanton misconduct.
|
|
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09500HB0313ham002 |
- 8 - |
LRB095 04718 DRH 34853 a |
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|
1 |
| (g) No EMS Medical Director who in good faith
exercises his |
2 |
| responsibilities under this Act
shall be liable for
damages in |
3 |
| any civil action based on such activities unless
an act or |
4 |
| omission during the course of such activities
constitutes |
5 |
| willful and wanton misconduct.
|
6 |
| (h) Nothing in this Act shall be construed to
create a |
7 |
| cause of action or any civil liabilities.
|
8 |
| (Source: P.A. 89-177, eff. 7-19-95; 89-607, eff. 1-1-97.)
|
9 |
| Section 10. The Illinois Vehicle Code is amended by |
10 |
| changing Section 6-110 as follows: |
11 |
| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
|
12 |
| Sec. 6-110. Licenses issued to drivers.
|
13 |
| (a) The Secretary of State shall issue to every qualifying |
14 |
| applicant a
driver's license as applied for, which license |
15 |
| shall bear a
distinguishing
number assigned to the licensee, |
16 |
| the legal name,
zip
code, date of birth, residence address, and |
17 |
| a brief description of the
licensee, and
a space where the |
18 |
| licensee may write his usual signature.
|
19 |
| If the licensee is less than 17 years of age, the license |
20 |
| shall, as a
matter of law, be invalid for the operation of any |
21 |
| motor vehicle during
any time the licensee is prohibited from |
22 |
| being on any street or highway
under the provisions of the |
23 |
| Child Curfew Act.
|
24 |
| Licenses issued shall also indicate the classification and
|
|
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09500HB0313ham002 |
- 9 - |
LRB095 04718 DRH 34853 a |
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|
1 |
| the restrictions under Section 6-104 of this Code.
|
2 |
| In lieu of the social security number, the Secretary may in |
3 |
| his
discretion substitute a federal tax number or other |
4 |
| distinctive number.
|
5 |
| A driver's license issued may, in the discretion of the |
6 |
| Secretary,
include a suitable photograph of a type prescribed |
7 |
| by the Secretary.
|
8 |
| (b) Until the Secretary of State establishes a First Person |
9 |
| Consent organ and tissue donor registry under Section 6-117 of |
10 |
| this Code, the Secretary of State shall provide a format on the |
11 |
| reverse of
each driver's license issued which the licensee may |
12 |
| use to execute a document
of gift conforming to the provisions |
13 |
| of the Illinois Anatomical Gift Act.
The format shall allow the |
14 |
| licensee to indicate the gift intended, whether
specific |
15 |
| organs, any organ, or the entire body, and shall accommodate |
16 |
| the
signatures of the donor and 2 witnesses. The Secretary |
17 |
| shall also inform
each applicant or licensee of this format, |
18 |
| describe the procedure for its
execution, and may offer the |
19 |
| necessary witnesses; provided that in so doing,
the Secretary |
20 |
| shall advise the applicant or licensee that he or she is
under |
21 |
| no compulsion to execute a document of gift. A brochure
|
22 |
| explaining this method of executing an anatomical gift document |
23 |
| shall be given
to each applicant or licensee. The brochure |
24 |
| shall advise the applicant or
licensee that he or she is under |
25 |
| no compulsion to execute a document of
gift, and that he or she |
26 |
| may wish to consult with family, friends or clergy
before doing |
|
|
|
09500HB0313ham002 |
- 10 - |
LRB095 04718 DRH 34853 a |
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|
1 |
| so. The Secretary of State may undertake additional efforts,
|
2 |
| including education and awareness activities, to promote organ |
3 |
| and tissue
donation.
|
4 |
| (c) The Secretary of State shall designate on each driver's |
5 |
| license issued
a space where the licensee may place a sticker |
6 |
| or decal of the uniform
size as the Secretary may specify, |
7 |
| which sticker or decal may indicate in
appropriate language |
8 |
| that the owner of the license carries an Emergency
Medical |
9 |
| Information Card.
|
10 |
| The sticker may be provided by any person, hospital, |
11 |
| school,
medical group, or association interested in assisting |
12 |
| in implementing
the Emergency Medical Information Card, but |
13 |
| shall meet the specifications
as the Secretary may by rule or |
14 |
| regulation require.
|
15 |
| (d) The Secretary of State shall designate on each driver's |
16 |
| license issued
a space where the licensee may indicate his |
17 |
| blood type and RH factor.
|
18 |
| (e) The Secretary of State shall provide
that each original |
19 |
| or renewal driver's license issued to a licensee under
21 years |
20 |
| of age shall be of a distinct nature from those driver's |
21 |
| licenses
issued to individuals 21 years of age and older. The |
22 |
| color designated for
driver's licenses for licensees under 21 |
23 |
| years of age shall be at the
discretion of the Secretary of |
24 |
| State.
|
25 |
| (e-1) The Secretary shall provide that each driver's |
26 |
| license issued to a
person under the age of 21 displays the |
|
|
|
09500HB0313ham002 |
- 11 - |
LRB095 04718 DRH 34853 a |
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|
1 |
| date upon which the person becomes 18
years of age and the date |
2 |
| upon which the person becomes 21 years of age.
|
3 |
| (f) The Secretary of State shall inform all Illinois |
4 |
| licensed
commercial motor vehicle operators of the |
5 |
| requirements of the Uniform
Commercial Driver License Act, |
6 |
| Article V of this Chapter, and shall make
provisions to insure |
7 |
| that all drivers, seeking to obtain a commercial
driver's |
8 |
| license, be afforded an opportunity prior to April 1, 1992, to
|
9 |
| obtain the license. The Secretary is authorized to extend
|
10 |
| driver's license expiration dates, and assign specific times, |
11 |
| dates and
locations where these commercial driver's tests shall |
12 |
| be conducted. Any
applicant, regardless of the current |
13 |
| expiration date of the applicant's
driver's license, may be |
14 |
| subject to any assignment by the Secretary.
Failure to comply |
15 |
| with the Secretary's assignment may result in the
applicant's |
16 |
| forfeiture of an opportunity to receive a commercial driver's
|
17 |
| license prior to April 1, 1992.
|
18 |
| (g) The Secretary of State shall designate on a
driver's |
19 |
| license issued, a space where the licensee may indicate that he |
20 |
| or
she has drafted a living will in accordance with the |
21 |
| Illinois Living Will
Act or a durable power of attorney for |
22 |
| health care in accordance with the
Illinois Power of Attorney |
23 |
| Act.
|
24 |
| (g-1) The Secretary of State, in his or her discretion, may |
25 |
| designate on
each driver's license issued a space where the |
26 |
| licensee may place a sticker or
decal, issued by the Secretary |
|
|
|
09500HB0313ham002 |
- 12 - |
LRB095 04718 DRH 34853 a |
|
|
1 |
| of State, of uniform size as the Secretary may
specify, that |
2 |
| shall indicate in appropriate language that the owner of the
|
3 |
| license has renewed his or her driver's license. |
4 |
| (g-5) The Secretary of State, in his or her discretion, may |
5 |
| designate on each driver's license issued a space where the |
6 |
| licensee may place a sticker or decal, issued by the Secretary |
7 |
| of State, of uniform size as the Secretary may specify, on |
8 |
| which the words "Do not resuscitate." shall appear.
|
9 |
| (h) A person who acts in good faith in accordance with the |
10 |
| terms of
this Section is not liable for damages in any civil |
11 |
| action or subject to
prosecution in any criminal proceeding for |
12 |
| his or her act.
|
13 |
| (Source: P.A. 93-794, eff. 7-22-04; 93-895, eff. 1-1-05; 94-75, |
14 |
| eff. 1-1-06; 94-930, eff. 6-26-06.)
|
15 |
| Section 15. The Good Samaritan Act is amended by changing |
16 |
| Section 10 as follows:
|
17 |
| (745 ILCS 49/10)
|
18 |
| Sec. 10. Cardiopulmonary resuscitation; exemption from |
19 |
| civil liability
for emergency care. Any person currently |
20 |
| certified in basic
cardiopulmonary resuscitation who complies |
21 |
| with generally
recognized standards, and who in good faith, not |
22 |
| for
compensation, provides emergency cardiopulmonary
|
23 |
| resuscitation to a person who is an apparent victim of acute
|
24 |
| cardiopulmonary insufficiency shall not, as the result of
his |
|
|
|
09500HB0313ham002 |
- 13 - |
LRB095 04718 DRH 34853 a |
|
|
1 |
| or her acts or omissions in providing resuscitation, be
liable |
2 |
| for civil damages, unless the acts or omissions
constitute |
3 |
| willful and wanton misconduct. The exemption from liability |
4 |
| provided by this Section also applies to a person who provides |
5 |
| emergency cardiopulmonary resuscitation to a victim on whose |
6 |
| driver's license the words "Do not resuscitate." appeared as |
7 |
| provided in Section 6-110 of the Illinois Vehicle Code, unless |
8 |
| providing cardiopulmonary resuscitation to that person |
9 |
| constituted willful and wanton misconduct.
|
10 |
| (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)".
|