96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3884


 
Introduced 2/26/2009, by Rep. Jehan A. Gordon
 
SYNOPSIS AS INTRODUCED:
 		














210 ILCS 50/3.50









    Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Public Health may not issue or renew a license for any level of emergency medical technician (EMT) in the case of a person who is a sex offender as defined in the Sex Offender Registration Act.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3884

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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:


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



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    (210 ILCS 50/3.50)



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

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    (a) "Emergency Medical Technician-Basic" or
"EMT-B" means 
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a person who has successfully completed a course of
instruction 
10
in basic life support
as prescribed by the
Department, is 
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currently licensed by the Department in
accordance with 
12
standards prescribed by this Act and rules
adopted by the 
13
Department pursuant to this Act, and practices within an EMS

14
System.

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    (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" 
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means a person who has successfully completed a
course of 
17
instruction in intermediate life support
as
prescribed by the 
18
Department, is currently licensed by the
Department in 
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accordance with standards prescribed by this
Act and rules 
20
adopted by the Department pursuant to this
Act, and practices 
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within an Intermediate or Advanced
Life Support EMS System.

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


 






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instruction in advanced life support care
as
prescribed by the 
2
Department, is 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 
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Advanced Life Support EMS System.

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    (d) The Department shall have the authority and

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responsibility to:


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        (1) Prescribe education and training requirements, 
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    which
includes training in the use of epinephrine,
for all 
10
    levels of EMT, based on the respective national
curricula 
11
    of the United States Department of Transportation
and any 
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    modifications to such curricula specified by the

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    Department through rules adopted pursuant to this Act;


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        (2) Prescribe licensure testing requirements
for all 
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    levels of EMT, which shall include a requirement that
all 
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    phases of instruction, training, and field experience be

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    completed before taking the EMT licensure examination.

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    Candidates may elect to take the National Registry of

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    Emergency Medical Technicians examination in lieu of the

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    Department's examination, but are responsible for making

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    their own arrangements for taking the National Registry

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    examination;


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

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    testing requirements;


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        (4) Prescribe annual continuing education and

 


 






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    relicensure requirements for all levels of EMT;


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        (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P 
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    every 4 years, based on their compliance with
continuing 
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    education and relicensure requirements;


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        (6) Grant inactive status to any EMT who
qualifies, 
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    based on standards and procedures established by
the 
7
    Department in rules adopted pursuant to this Act;


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        (7) Charge each candidate for EMT a fee to be
submitted 
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    with an application for a licensure examination;


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        (8) Suspend, revoke, or refuse to renew the
license of 
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    an EMT, after an opportunity for a hearing, when
findings 
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    show one or more of the following:


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


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            (B) The EMT has failed to maintain
proficiency in 
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        the level of skills for which he or she is licensed;


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

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


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            (D) The EMT has failed to maintain or
has violated 
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        standards of performance and conduct as prescribed
by 
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        the Department in rules adopted pursuant to this Act or

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        his or her EMS System's Program Plan;


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            (E) The EMT is physically impaired to
the extent 
 


 






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        that he or she cannot physically perform the skills and

2
        functions for which he or she is licensed, as verified 
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        by a
physician, unless the person is on inactive status 
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        pursuant
to Department regulations;


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            (F) The EMT is mentally impaired to the
extent that 
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        he or she cannot exercise the appropriate judgment,

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        skill and safety for performing the functions for which 
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        he
or she is licensed, as verified by a physician, 
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        unless the person
is on inactive status pursuant to 
10
        Department regulations; or


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            (G) The EMT has violated this Act or any
rule 
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        adopted by the Department pursuant to this Act.
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    The education requirements prescribed by the Department 
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under this subsection must allow for the suspension of those 
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requirements in the case of a member of the armed services or 
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reserve forces of the United States or a member of the Illinois 
17
National Guard  who is on active duty pursuant to an executive 
18
order of the President of the United States, an act of the 
19
Congress of the United States, or an order of the Governor at 
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the time that the member would otherwise be required to fulfill 
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a particular education requirement. Such a person must fulfill 
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the education requirement within 6 months after his or her 
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release from active duty.


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    (e) In the event that any rule of the
Department or an EMS 
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Medical Director that requires testing for drug
use as a 
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condition for EMT licensure conflicts with or
duplicates a 
 


 






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provision of a collective bargaining agreement
that requires 
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testing for drug use, that rule shall not
apply to any person 
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covered by the collective bargaining
agreement.

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    (f) The Department may not issue a license for any level of 
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EMT to a person who is a sex offender as defined in the Sex 
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Offender Registration Act, nor may the Department renew a 
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license for any level of EMT in the case of a person who is a 
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sex offender as defined in the Sex Offender Registration Act. 
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(Source: P.A. 94-504, eff. 8-8-05.)