97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5673

 

Introduced 2/16/2012, by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/3.85

    Amends the Emergency Medical Services (EMS) Systems Act. Requires that rules adopted by the Department of Public Health to establish ambulance or SEMSV staffing requirements specifically provide for an alternate staffing model in the case of a vehicle service provider that substantially or exclusively utilizes volunteers or paid-on-call personnel or a combination of volunteers and paid-on-call personnel. Requires that the alternate staffing model allow for staffing of an ambulance or SEMSV by one emergency medical technician and one first responder.


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A BILL FOR

 

HB5673LRB097 18880 DRJ 64118 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems Act
5is amended by changing Section 3.85 as follows:
 
6    (210 ILCS 50/3.85)
7    Sec. 3.85. Vehicle Service Providers.
8    (a) "Vehicle Service Provider" means an entity licensed by
9the Department to provide emergency or non-emergency medical
10services in compliance with this Act, the rules promulgated by
11the Department pursuant to this Act, and an operational plan
12approved by its EMS System(s), utilizing at least ambulances or
13specialized emergency medical service vehicles (SEMSV).
14        (1) "Ambulance" means any publicly or privately owned
15    on-road vehicle that is specifically designed, constructed
16    or modified and equipped, and is intended to be used for,
17    and is maintained or operated for the emergency
18    transportation of persons who are sick, injured, wounded or
19    otherwise incapacitated or helpless, or the non-emergency
20    medical transportation of persons who require the presence
21    of medical personnel to monitor the individual's condition
22    or medical apparatus being used on such individuals.
23        (2) "Specialized Emergency Medical Services Vehicle"

 

 

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1    or "SEMSV" means a vehicle or conveyance, other than those
2    owned or operated by the federal government, that is
3    primarily intended for use in transporting the sick or
4    injured by means of air, water, or ground transportation,
5    that is not an ambulance as defined in this Act. The term
6    includes watercraft, aircraft and special purpose ground
7    transport vehicles or conveyances not intended for use on
8    public roads.
9        (3) An ambulance or SEMSV may also be designated as a
10    Limited Operation Vehicle or Special-Use Vehicle:
11            (A) "Limited Operation Vehicle" means a vehicle
12        which is licensed by the Department to provide basic,
13        intermediate or advanced life support emergency or
14        non-emergency medical services that are exclusively
15        limited to specific events or locales.
16            (B) "Special-Use Vehicle" means any publicly or
17        privately owned vehicle that is specifically designed,
18        constructed or modified and equipped, and is intended
19        to be used for, and is maintained or operated solely
20        for the emergency or non-emergency transportation of a
21        specific medical class or category of persons who are
22        sick, injured, wounded or otherwise incapacitated or
23        helpless (e.g. high-risk obstetrical patients,
24        neonatal patients).
25            (C) "Reserve Ambulance" means a vehicle that meets
26        all criteria set forth in this Section and all

 

 

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1        Department rules, except for the required inventory of
2        medical supplies and durable medical equipment, which
3        may be rapidly transferred from a fully functional
4        ambulance to a reserve ambulance without the use of
5        tools or special mechanical expertise.
6    (b) The Department shall have the authority and
7responsibility to:
8        (1) Require all Vehicle Service Providers, both
9    publicly and privately owned, to function within an EMS
10    System;
11        (2) Require a Vehicle Service Provider utilizing
12    ambulances to have a primary affiliation with an EMS System
13    within the EMS Region in which its Primary Service Area is
14    located, which is the geographic areas in which the
15    provider renders the majority of its emergency responses.
16    This requirement shall not apply to Vehicle Service
17    Providers which exclusively utilize Limited Operation
18    Vehicles;
19        (3) Establish licensing standards and requirements for
20    Vehicle Service Providers, through rules adopted pursuant
21    to this Act, including but not limited to:
22            (A) Vehicle design, specification, operation and
23        maintenance standards, including standards for the use
24        of reserve ambulances;
25            (B) Equipment requirements;
26            (C) Staffing requirements; and

 

 

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1            (D) Annual license renewal;
2        (4) License all Vehicle Service Providers that have met
3    the Department's requirements for licensure, unless such
4    Provider is owned or licensed by the federal government.
5    All Provider licenses issued by the Department shall
6    specify the level and type of each vehicle covered by the
7    license (BLS, ILS, ALS, ambulance, SEMSV, limited
8    operation vehicle, special use vehicle, reserve
9    ambulance);
10        (5) Annually inspect all licensed Vehicle Service
11    Providers, and relicense such Providers that have met the
12    Department's requirements for license renewal;
13        (6) Suspend, revoke, refuse to issue or refuse to renew
14    the license of any Vehicle Service Provider, or that
15    portion of a license pertaining to a specific vehicle
16    operated by the Provider, after an opportunity for a
17    hearing, when findings show that the Provider or one or
18    more of its vehicles has failed to comply with the
19    standards and requirements of this Act or rules adopted by
20    the Department pursuant to this Act;
21        (7) Issue an Emergency Suspension Order for any
22    Provider or vehicle licensed under this Act, when the
23    Director or his designee has determined that an immediate
24    and serious danger to the public health, safety and welfare
25    exists. Suspension or revocation proceedings which offer
26    an opportunity for hearing shall be promptly initiated

 

 

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1    after the Emergency Suspension Order has been issued;
2        (8) Exempt any licensed vehicle from subsequent
3    vehicle design standards or specifications required by the
4    Department, as long as said vehicle is continuously in
5    compliance with the vehicle design standards and
6    specifications originally applicable to that vehicle, or
7    until said vehicle's title of ownership is transferred;
8        (9) Exempt any vehicle (except an SEMSV) which was
9    being used as an ambulance on or before December 15, 1980,
10    from vehicle design standards and specifications required
11    by the Department, until said vehicle's title of ownership
12    is transferred. Such vehicles shall not be exempt from all
13    other licensing standards and requirements prescribed by
14    the Department;
15        (10) Prohibit any Vehicle Service Provider from
16    advertising, identifying its vehicles, or disseminating
17    information in a false or misleading manner concerning the
18    Provider's type and level of vehicles, location, primary
19    service area, response times, level of personnel,
20    licensure status or System participation;
21        (10.5) Prohibit any Vehicle Service Provider, whether
22    municipal, private, or hospital-owned, from advertising
23    itself as a critical care transport provider unless it
24    participates in a Department-approved EMS System critical
25    care transport plan; and
26        (11) Charge each Vehicle Service Provider a fee per

 

 

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1    transport vehicle, to be submitted with each application
2    for licensure and license renewal. The fee per transport
3    vehicle shall be set by administrative rule by the
4    Department and shall not exceed 100 vehicles per provider.
5    (c) The Department's rules establishing ambulance or SEMSV
6staffing requirements must specifically provide for an
7alternate staffing model in the case of a vehicle service
8provider that substantially or exclusively utilizes volunteers
9or paid-on-call personnel or a combination of volunteers and
10paid-on-call personnel. The alternate staffing model must
11allow for staffing of an ambulance or SEMSV by one emergency
12medical technician and one first responder who meets the
13requirements set forth in Section 3.60.
14(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11.)