Human Services Committee
Filed: 3/11/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 5736




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    AMENDMENT NO. ______. Amend House Bill 5736 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Emergency Medical Services (EMS) Systems 
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Act is amended  by changing Section 3.20 as follows:
 
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    (210 ILCS 50/3.20)
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    Sec. 3.20. Emergency Medical Services (EMS) Systems. 
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    (a) "Emergency Medical Services (EMS) System" means an

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organization of hospitals, vehicle service providers and and

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personnel approved by the Department in a specific
geographic 
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area, which coordinates and provides pre-hospital
and 
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inter-hospital emergency care and non-emergency medical

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transports at a BLS, ILS and/or ALS level pursuant to a
System 
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program plan submitted to and approved by the
Department, and 
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pursuant to the EMS Region Plan adopted for
the EMS Region in 
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which the System is located.
 


 






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    (b) One hospital in each System program plan must be

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designated as the Resource Hospital.  All other hospitals
which 
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are located within the geographic boundaries of a
System and 
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which have standby, basic or comprehensive level
emergency 
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departments must function in that EMS System as
either an 
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Associate Hospital or Participating Hospital and
follow all 
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System policies specified in the System Program
Plan, including 
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but not limited to the replacement of drugs
and equipment used 
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by providers who have delivered patients
to their emergency 
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departments.  All hospitals and vehicle
service providers 
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participating in an EMS System must
specify their level of 
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participation in the System Program
Plan.
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    (c) The Department shall have the authority and

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responsibility to:
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        (1) Approve BLS, ILS and ALS level EMS Systems which

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    meet minimum standards and criteria established in rules

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    adopted by the Department pursuant to this Act, including

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    the submission of a Program Plan for Department approval.

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    Beginning September 1, 1997, the Department shall approve

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    the development of a new EMS System only when a local or

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    regional need for establishing such System has been

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    identified. This shall not be construed as a needs 
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    assessment for health
planning or
other purposes outside of 
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    this Act.
Following Department approval, EMS Systems must

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    be fully operational within one year from the date of

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    approval.
 


 






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        (2) Monitor EMS Systems, based on minimum standards for

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    continuing operation as prescribed in rules adopted by the

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    Department pursuant to this Act, which shall include

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    requirements for submitting Program Plan amendments to the

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    Department for approval.
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        (3) Renew EMS System approvals every 4 years, after
an 
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    inspection, based on compliance with the standards for

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    continuing operation prescribed in rules adopted by the

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    Department pursuant to this Act.
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        (4) Suspend, revoke, or refuse to renew approval of
any 
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    EMS System, after providing an opportunity for a
hearing, 
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    when findings show that it does not meet the
minimum 
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    standards for continuing operation as prescribed by
the 
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    Department, or is found to be in violation of its

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    previously approved Program Plan.
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        (5) Require each EMS System to adopt written protocols

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    for the bypassing of or diversion to any hospital, trauma

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    center or regional trauma center, which provide that a 
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    person
shall not be transported to a facility other than 
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    the nearest
hospital, regional trauma center or trauma 
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    center unless the
medical benefits to the patient 
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    reasonably expected from the
provision of appropriate 
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    medical treatment at a more distant
facility outweigh the 
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    increased risks to the patient from
transport to the more 
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    distant facility, or the transport is in
accordance with 
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    the System's protocols for patient
choice or refusal.
 


 






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        (6) Require that the EMS Medical Director of an ILS or

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    ALS level EMS System be a physician licensed to practice

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    medicine in all of its branches in Illinois, and certified 
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    by
the American Board of Emergency Medicine or the American 
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    Board
of Osteopathic Emergency Medicine, and that the EMS 
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    Medical
Director of a BLS level EMS System be a physician 
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    licensed to
practice medicine in all of its branches in 
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    Illinois, with
regular and frequent involvement in 
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    pre-hospital emergency
medical services.  In addition, all 
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    EMS Medical Directors shall:
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            (A) Have experience on an EMS vehicle at the

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        highest level available within the System, or make 
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        provision
to gain such experience within 12 months 
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        prior to the
date responsibility for the System is 
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        assumed or within 90
days after assuming the position;
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            (B) Be thoroughly knowledgeable of all skills

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        included in the scope of practices of all levels of EMS

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        personnel within the System;
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            (C) Have or make provision to gain experience

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        instructing students at a level similar to that of the 
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        levels
of EMS personnel within the System; and
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            (D) For ILS and ALS EMS Medical Directors,

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        successfully complete a Department-approved EMS 
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        Medical
Director's Course.
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        (7) Prescribe statewide EMS data elements to be

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    collected and documented by providers in all EMS Systems 
 


 






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    for
all emergency and non-emergency medical services, with 
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    a
one-year phase-in for commencing collection of such data

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    elements.
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        (8) Define, through rules adopted pursuant to this Act,

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    the terms "Resource Hospital", "Associate Hospital",

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    "Participating Hospital", "Basic Emergency Department",

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    "Standby Emergency Department", "Comprehensive Emergency 
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    Department", "EMS
Medical Director", "EMS Administrative

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    Director", and "EMS System Coordinator".
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            (A) Upon the effective date of this amendatory Act 
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        of 1995,
all existing Project Medical Directors shall 
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        be considered EMS
Medical Directors, and all persons 
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        serving in such capacities
on the effective date of 
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        this amendatory Act of 1995 shall be exempt from
the 
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        requirements of paragraph (7) of this subsection;
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            (B) Upon the effective date of this amendatory Act 
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        of 1995, all
existing EMS System Project Directors 
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        shall be considered EMS
Administrative Directors.
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        (9) Investigate the
circumstances that caused a 
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    hospital
in an EMS system
to go on
bypass status to 
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    determine whether that hospital's decision to go on bypass

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    status was reasonable.  The Department may impose 
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    sanctions, as
set forth in Section 3.140 of the Act, upon a 
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    Department determination that the
hospital unreasonably

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    went on bypass status in violation of the Act.
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        (10) Evaluate the capacity and performance of any 
 


 






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    freestanding emergency center established under Section 
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    32.5 of this Act in meeting emergency medical service needs 
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    of the public, including compliance with applicable 
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    emergency medical standards and assurance of the 
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    availability of and immediate access to the highest quality 
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    of medical care possible.

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(Source: P.A. 95-584, eff. 8-31-07.)".