Rep. Chapin Rose

Filed: 3/26/2012





09700HB5880ham002LRB097 17893 CEL 67866 a


2    AMENDMENT NO. ______. Amend House Bill 5880, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Emergency Medical Services (EMS) Systems
6Act is amended by changing Sections 3.50, 3.60, and 3.85 as
8    (210 ILCS 50/3.50)
9    Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
10    (a) "Emergency Medical Technician-Basic" or "EMT-B" means
11a person who has successfully completed a course of instruction
12in basic life support as prescribed by the Department, is
13currently licensed by the Department in accordance with
14standards prescribed by this Act and rules adopted by the
15Department pursuant to this Act, and practices within an EMS



09700HB5880ham002- 2 -LRB097 17893 CEL 67866 a

1    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
2means a person who has successfully completed a course of
3instruction in intermediate life support as prescribed by the
4Department, is currently licensed by the Department in
5accordance with standards prescribed by this Act and rules
6adopted by the Department pursuant to this Act, and practices
7within an Intermediate or Advanced Life Support EMS System.
8    (c) "Emergency Medical Technician-Paramedic" or "EMT-P"
9means a person who has successfully completed a course of
10instruction in advanced life support care as prescribed by the
11Department, is licensed by the Department in accordance with
12standards prescribed by this Act and rules adopted by the
13Department pursuant to this Act, and practices within an
14Advanced Life Support EMS System.
15    (d) The Department shall have the authority and
16responsibility to:
17        (1) Prescribe education and training requirements,
18    which includes training in the use of epinephrine, for all
19    levels of EMT, based on the respective national curricula
20    of the United States Department of Transportation and any
21    modifications to such curricula specified by the
22    Department through rules adopted pursuant to this Act.
23        (2) Prescribe licensure testing requirements for all
24    levels of EMT, which shall include a requirement that all
25    phases of instruction, training, and field experience be
26    completed before taking the EMT licensure examination.



09700HB5880ham002- 3 -LRB097 17893 CEL 67866 a

1    Candidates may elect to take the National Registry of
2    Emergency Medical Technicians examination in lieu of the
3    Department's examination, but are responsible for making
4    their own arrangements for taking the National Registry
5    examination.
6        (2.5) Review applications for EMT licensure from
7    honorably discharged members of the armed forces of the
8    United States with military emergency medical training.
9    Applications shall be filed with the Department within one
10    year after military discharge and shall contain: (i) proof
11    of successful completion of military emergency medical
12    training; (ii) a detailed description of the emergency
13    medical curriculum completed; and (iii) a detailed
14    description of the applicant's clinical experience. The
15    Department may request additional and clarifying
16    information. The Department shall evaluate the
17    application, including the applicant's training and
18    experience, consistent with the standards set forth under
19    subsections (a), (b), (c), and (d) of Section 3.10. If the
20    application clearly demonstrates that the training and
21    experience meets such standards, the Department shall
22    offer the applicant the opportunity to successfully
23    complete a Department-approved EMT examination for which
24    the applicant is qualified. Upon passage of an examination,
25    the Department shall issue a license, which shall be
26    subject to all provisions of this Act that are otherwise



09700HB5880ham002- 4 -LRB097 17893 CEL 67866 a

1    applicable to the class of EMT license issued.
2        (3) License individuals as an EMT-B, EMT-I, or EMT-P
3    who have met the Department's education, training and
4    examination requirements.
5        (4) Prescribe annual continuing education and
6    relicensure requirements for all levels of EMT.
7        (5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
8    every 4 years, based on their compliance with continuing
9    education and relicensure requirements. An Illinois
10    licensed Emergency Medical Technician whose license has
11    been expired for less than 36 months may apply for
12    reinstatement by the Department. Reinstatement shall
13    require that the applicant (i) submit satisfactory proof of
14    completion of continuing medical education and clinical
15    requirements to be prescribed by the Department in an
16    administrative rule; (ii) submit a positive recommendation
17    from an Illinois EMS Medical Director attesting to the
18    applicant's qualifications for retesting; and (iii) pass a
19    Department approved test for the level of EMT license
20    sought to be reinstated.
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 a fee for EMT examination, licensure, and
25    license renewal.
26        (8) Suspend, revoke, or refuse to issue or renew the



09700HB5880ham002- 5 -LRB097 17893 CEL 67866 a

1    license of any licensee, after an opportunity for an
2    impartial hearing before a neutral administrative law
3    judge appointed by the Director, where the preponderance of
4    the evidence shows one or more of the following:
5            (A) The licensee has not met continuing education
6        or relicensure requirements as prescribed by the
7        Department;
8            (B) The licensee has failed to maintain
9        proficiency in the level of skills for which he or she
10        is licensed;
11            (C) The licensee, during the provision of medical
12        services, engaged in dishonorable, unethical, or
13        unprofessional conduct of a character likely to
14        deceive, defraud, or harm the public;
15            (D) The licensee has failed to maintain or has
16        violated standards of performance and conduct as
17        prescribed by the Department in rules adopted pursuant
18        to this Act or his or her EMS System's Program Plan;
19            (E) The licensee is physically impaired to the
20        extent that he or she cannot physically perform the
21        skills and functions for which he or she is licensed,
22        as verified by a physician, unless the person is on
23        inactive status pursuant to Department regulations;
24            (F) The licensee is mentally impaired to the extent
25        that he or she cannot exercise the appropriate
26        judgment, skill and safety for performing the



09700HB5880ham002- 6 -LRB097 17893 CEL 67866 a

1        functions for which he or she is licensed, as verified
2        by a physician, unless the person is on inactive status
3        pursuant to Department regulations;
4            (G) The licensee has violated this Act or any rule
5        adopted by the Department pursuant to this Act; or
6            (H) The licensee has been convicted (or entered a
7        plea of guilty or nolo-contendere) by a court of
8        competent jurisdiction of a Class X, Class 1, or Class
9        2 felony in this State or an out-of-state equivalent
10        offense.
11        (9) An EMT who is a member of the Illinois National
12    Guard or , an Illinois State Trooper, or who exclusively
13    serves as a volunteer for units of local government with a
14    population base of less than 5,000 or as a volunteer for a
15    not-for-profit organization that serves a service area
16    with a population base of less than 5,000 may submit an
17    application to the Department for a waiver of these fees on
18    a form prescribed by the Department.
19    The education requirements prescribed by the Department
20under this subsection must allow for the suspension of those
21requirements in the case of a member of the armed services or
22reserve forces of the United States or a member of the Illinois
23National Guard who is on active duty pursuant to an executive
24order of the President of the United States, an act of the
25Congress of the United States, or an order of the Governor at
26the time that the member would otherwise be required to fulfill



09700HB5880ham002- 7 -LRB097 17893 CEL 67866 a

1a particular education requirement. Such a person must fulfill
2the education requirement within 6 months after his or her
3release from active duty.
4    (e) In the event that any rule of the Department or an EMS
5Medical Director that requires testing for drug use as a
6condition for EMT licensure conflicts with or duplicates a
7provision of a collective bargaining agreement that requires
8testing for drug use, that rule shall not apply to any person
9covered by the collective bargaining agreement.
10(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;
1196-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff.
128-23-11; revised 11-18-11.)
13    (210 ILCS 50/3.60)
14    Sec. 3.60. First Responder.
15    (a) "First Responder" means a person who is at least 18
16years of age, who has successfully completed a course of
17instruction in emergency medical responder first response as
18prescribed by the Department, and who provides first response
19services prior to the arrival of an ambulance or specialized
20emergency medical services vehicle, in accordance with the
21level of care established in the emergency medical responder
22first response course. A First Responder who provides such
23services as part of an EMS System response plan which utilizes
24First Responders as the personnel dispatched to the scene of an
25emergency to provide initial emergency medical care shall



09700HB5880ham002- 8 -LRB097 17893 CEL 67866 a

1comply with the applicable sections of the Program Plan of that
2EMS System.
3    Persons who have already completed a course of instruction
4in emergency first response based on or equivalent to the
5national curriculum of the United States Department of
6Transportation, or as otherwise previously recognized by the
7Department, shall be considered First Responders on the
8effective date of this amendatory Act of 1995.
9    (a-5) "Provisional First Responder" means a person who is
10at least 16 years of age, who has successfully completed a
11course of instruction in emergency medical responder as
12prescribed by the Department, and who provides first response
13services prior to the arrival of an ambulance or specialized
14emergency medical services vehicle, in accordance with the
15level of care established in the emergency medical responder
16course. A Provisional First Responder must provide such
17services as part of an EMS System Response plan that utilizes
18Provisional First Responders with other EMS personnel
19dispatched to the scene of an emergency to provide initial
20emergency medical care and shall comply with the applicable
21sections of the program plan of that EMS System. A Provisional
22First Responder may apply to the Department for a First
23Responder license at the age of 18 upon the EMS Medical
24Director's written approval.
25    (b) The Department shall have the authority and
26responsibility to:



09700HB5880ham002- 9 -LRB097 17893 CEL 67866 a

1        (1) Prescribe education requirements for the First
2    Responder, which meet or exceed the national curriculum of
3    the United States Department of Transportation, through
4    rules adopted pursuant to this Act.
5        (2) Prescribe a standard set of equipment for use
6    during first response services. An individual First
7    Responder shall not be required to maintain his or her own
8    set of such equipment, provided he or she has access to
9    such equipment during a first response call.
10        (3) Require the First Responder to notify the
11    Department of any EMS System in which he or she
12    participates as dispatched personnel as described in
13    subsection (a).
14        (4) Require the First Responder to comply with the
15    applicable sections of the Program Plans for those Systems.
16        (5) Require the First Responder to keep the Department
17    currently informed as to who employs him or her and who
18    supervises his or her activities as a First Responder.
19        (6) Establish a mechanism for phasing in the First
20    Responder requirements over a 5-year period.
21        (7) Charge each First Responder applicant a fee for
22    testing, initial licensure, and license renewal. A First
23    Responder who exclusively serves as a volunteer for units
24    of local government or a not-for-profit organization that
25    serves a service area with a population base of less than
26    5,000 may submit an application to the Department for a



09700HB5880ham002- 10 -LRB097 17893 CEL 67866 a

1    waiver of these fees on a form prescribed by the
2    Department.
3(Source: P.A. 96-1469, eff. 1-1-11.)
4    (210 ILCS 50/3.85)
5    Sec. 3.85. Vehicle Service Providers.
6    (a) "Vehicle Service Provider" means an entity licensed by
7the Department to provide emergency or non-emergency medical
8services in compliance with this Act, the rules promulgated by
9the Department pursuant to this Act, and an operational plan
10approved by its EMS System(s), utilizing at least ambulances or
11specialized emergency medical service vehicles (SEMSV).
12        (1) "Ambulance" means any publicly or privately owned
13    on-road vehicle that is specifically designed, constructed
14    or modified and equipped, and is intended to be used for,
15    and is maintained or operated for the emergency
16    transportation of persons who are sick, injured, wounded or
17    otherwise incapacitated or helpless, or the non-emergency
18    medical transportation of persons who require the presence
19    of medical personnel to monitor the individual's condition
20    or medical apparatus being used on such individuals.
21        (2) "Specialized Emergency Medical Services Vehicle"
22    or "SEMSV" means a vehicle or conveyance, other than those
23    owned or operated by the federal government, that is
24    primarily intended for use in transporting the sick or
25    injured by means of air, water, or ground transportation,



09700HB5880ham002- 11 -LRB097 17893 CEL 67866 a

1    that is not an ambulance as defined in this Act. The term
2    includes watercraft, aircraft and special purpose ground
3    transport vehicles or conveyances not intended for use on
4    public roads.
5        (3) An ambulance or SEMSV may also be designated as a
6    Limited Operation Vehicle or Special-Use Vehicle:
7            (A) "Limited Operation Vehicle" means a vehicle
8        which is licensed by the Department to provide basic,
9        intermediate or advanced life support emergency or
10        non-emergency medical services that are exclusively
11        limited to specific events or locales.
12            (B) "Special-Use Vehicle" means any publicly or
13        privately owned vehicle that is specifically designed,
14        constructed or modified and equipped, and is intended
15        to be used for, and is maintained or operated solely
16        for the emergency or non-emergency transportation of a
17        specific medical class or category of persons who are
18        sick, injured, wounded or otherwise incapacitated or
19        helpless (e.g. high-risk obstetrical patients,
20        neonatal patients).
21            (C) "Reserve Ambulance" means a vehicle that meets
22        all criteria set forth in this Section and all
23        Department rules, except for the required inventory of
24        medical supplies and durable medical equipment, which
25        may be rapidly transferred from a fully functional
26        ambulance to a reserve ambulance without the use of



09700HB5880ham002- 12 -LRB097 17893 CEL 67866 a

1        tools or special mechanical expertise.
2    (b) The Department shall have the authority and
3responsibility to:
4        (1) Require all Vehicle Service Providers, both
5    publicly and privately owned, to function within an EMS
6    System. ;
7        (2) Require a Vehicle Service Provider utilizing
8    ambulances to have a primary affiliation with an EMS System
9    within the EMS Region in which its Primary Service Area is
10    located, which is the geographic areas in which the
11    provider renders the majority of its emergency responses.
12    This requirement shall not apply to Vehicle Service
13    Providers which exclusively utilize Limited Operation
14    Vehicles. ;
15        (3) Establish licensing standards and requirements for
16    Vehicle Service Providers, through rules adopted pursuant
17    to this Act, including but not limited to:
18            (A) Vehicle design, specification, operation and
19        maintenance standards, including standards for the use
20        of reserve ambulances;
21            (B) Equipment requirements;
22            (C) Staffing requirements; and
23            (D) Annual license renewal.
24        The Department's standards and requirements with
25    respect to vehicle staffing must allow for an alternative
26    rural staffing model for those vehicle service providers



09700HB5880ham002- 13 -LRB097 17893 CEL 67866 a

1    that serve a rural or semi-rural population of 10,000 or
2    fewer inhabitants and exclusively uses volunteers,
3    paid-on-call, or a combination thereof. ;
4        (4) License all Vehicle Service Providers that have met
5    the Department's requirements for licensure, unless such
6    Provider is owned or licensed by the federal government.
7    All Provider licenses issued by the Department shall
8    specify the level and type of each vehicle covered by the
9    license (BLS, ILS, ALS, ambulance, SEMSV, limited
10    operation vehicle, special use vehicle, reserve
11    ambulance). ;
12        (5) Annually inspect all licensed Vehicle Service
13    Providers, and relicense such Providers that have met the
14    Department's requirements for license renewal. ;
15        (6) Suspend, revoke, refuse to issue or refuse to renew
16    the license of any Vehicle Service Provider, or that
17    portion of a license pertaining to a specific vehicle
18    operated by the Provider, after an opportunity for a
19    hearing, when findings show that the Provider or one or
20    more of its vehicles has failed to comply with the
21    standards and requirements of this Act or rules adopted by
22    the Department pursuant to this Act. ;
23        (7) Issue an Emergency Suspension Order for any
24    Provider or vehicle licensed under this Act, when the
25    Director or his designee has determined that an immediate
26    and serious danger to the public health, safety and welfare



09700HB5880ham002- 14 -LRB097 17893 CEL 67866 a

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



09700HB5880ham002- 15 -LRB097 17893 CEL 67866 a

1    care transport plan. ; and
2        (11) Charge each Vehicle Service Provider a fee per
3    transport vehicle, to be submitted with each application
4    for licensure and license renewal. The fee per transport
5    vehicle shall be set by administrative rule by the
6    Department and shall not exceed 100 vehicles per provider.
7(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11.)".