HB3994 Enrolled LRB096 05917 DRJ 22420 b

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 2. The State Finance Act is amended by adding
5 Section 5.723 as follows:
 
6     (30 ILCS 105/5.723 new)
7     Sec. 5.723. The Stretcher Van Licensure Fund.
 
8     Section 5. The Emergency Medical Services (EMS) Systems Act
9 is amended by adding Section 3.86 and changing Section 3.220 as
10 follows:
 
11     (210 ILCS 50/3.86 new)
12     Sec. 3.86. Stretcher van providers.
13     (a) In this Section, "stretcher van provider" means an
14 entity licensed by the Department to provide non-emergency
15 transportation of passengers on a stretcher in compliance with
16 this Act or the rules adopted by the Department pursuant to
17 this Act, utilizing stretcher vans.
18     (b) The Department has the authority and responsibility to
19 do the following:
20         (1) Require all stretcher van providers, both publicly
21     and privately owned, to be licensed by the Department.

 

 

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1         (2) Establish licensing and safety standards and
2     requirements for stretcher van providers, through rules
3     adopted pursuant to this Act, including but not limited to:
4             (A) Vehicle design, specification, operation, and
5         maintenance standards.
6             (B) Safety equipment requirements and standards.
7             (C) Staffing requirements.
8             (D) Annual license renewal.
9         (3) License all stretcher van providers that have met
10     the Department's requirements for licensure.
11         (4) Annually inspect all licensed stretcher van
12     providers, and relicense providers that have met the
13     Department's requirements for license renewal.
14         (5) Suspend, revoke, refuse to issue, or refuse to
15     renew the license of any stretcher van provider, or that
16     portion of a license pertaining to a specific vehicle
17     operated by a provider, after an opportunity for a hearing,
18     when findings show that the provider or one or more of its
19     vehicles has failed to comply with the standards and
20     requirements of this Act or the rules adopted by the
21     Department pursuant to this Act.
22         (6) Issue an emergency suspension order for any
23     provider or vehicle licensed under this Act when the
24     Director or his or her designee has determined that an
25     immediate or serious danger to the public health, safety,
26     and welfare exists. Suspension or revocation proceedings

 

 

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1     that offer an opportunity for a hearing shall be promptly
2     initiated after the emergency suspension order has been
3     issued.
4         (7) Prohibit any stretcher van provider from
5     advertising, identifying its vehicles, or disseminating
6     information in a false or misleading manner concerning the
7     provider's type and level of vehicles, location, response
8     times, level of personnel, licensure status, or EMS System
9     participation.
10         (8) Charge each stretcher van provider a fee, to be
11     submitted with each application for licensure and license
12     renewal, which shall not exceed $25 per vehicle, up to $500
13     per provider.
14     (c) A stretcher van provider may provide transport of a
15 passenger on a stretcher, provided the passenger meets all of
16 the following requirements:
17         (1) He or she needs no medical equipment, except
18     self-administered medications.
19         (2) He or she needs no medical monitoring or medical
20     observation.
21         (3) He or she needs routine transportation to or from a
22     medical appointment or service if the passenger is
23     convalescent or otherwise bed-confined and does not
24     require medical monitoring, aid, care, or treatment during
25     transport.
26     (d) A stretcher van provider may not transport a passenger

 

 

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1 who meets any of the following conditions:
2         (1) He or she is currently admitted to a hospital or is
3     being transported to a hospital for admission or emergency
4     treatment.
5         (2) He or she is acutely ill, wounded, or medically
6     unstable as determined by a licensed physician.
7         (3) He or she is experiencing an emergency medical
8     condition, an acute medical condition, an exacerbation of a
9     chronic medical condition, or a sudden illness or injury.
10         (4) He or she was administered a medication that might
11     prevent the passenger from caring for himself or herself.
12         (5) He or she was moved from one environment where
13     24-hour medical monitoring or medical observation will
14     take place by certified or licensed nursing personnel to
15     another such environment. Such environments shall include,
16     but not be limited to, hospitals licensed under the
17     Hospital Licensing Act or operated under the University of
18     Illinois Hospital Act, and nursing facilities licensed
19     under the Nursing Home Care Act.
20     (e) The Stretcher Van Licensure Fund is created as a
21 special fund within the State treasury. All fees received by
22 the Department in connection with the licensure of stretcher
23 van providers under this Section shall be deposited into the
24 fund. Moneys in the fund shall be subject to appropriation to
25 the Department for use in implementing this Section.
 

 

 

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1     (210 ILCS 50/3.220)
2     Sec. 3.220. EMS Assistance Fund.
3     (a) There is hereby created an "EMS Assistance Fund" within
4 the State treasury, for the purpose of receiving fines and fees
5 collected by the Illinois Department of Health pursuant to this
6 Act.
7     (b) EMT licensure examination fees collected shall be
8 distributed by the Department to the Resource Hospital of the
9 EMS System in which the EMT candidate was educated, to be used
10 for educational and related expenses incurred by the System's
11 hospitals, as identified in the EMS System Program Plan.
12     (c) All other moneys within this fund shall be distributed
13 by the Department to the EMS Regions for disbursement in
14 accordance with protocols established in the EMS Region Plans,
15 for the purposes of organization, development and improvement
16 of Emergency Medical Services Systems, including but not
17 limited to training of personnel and acquisition, modification
18 and maintenance of necessary supplies, equipment and vehicles.
19     (d) All fees and fines collected pursuant to this to this
20 Act shall be deposited into the EMS Assistance Fund, except
21 that all fees collected under Section 3.86 in connection with
22 the licensure of stretcher van providers shall be deposited
23 into the Stretcher Van Licensure Fund.
24 (Source: P.A. 92-651, eff. 7-11-02.)
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.