HB2777 EnrolledLRB098 09576 DRJ 39722 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) License renewal at intervals determined by the
2        Department, which shall be not less than every 4 years
3        Annual license renewal.
4        The Department's standards and requirements with
5    respect to vehicle staffing must allow for an alternative
6    rural staffing model for those vehicle service providers
7    that serve a rural or semi-rural population of 10,000 or
8    fewer inhabitants and exclusively uses volunteers,
9    paid-on-call, or a combination thereof.
10        (4) License all Vehicle Service Providers that have met
11    the Department's requirements for licensure, unless such
12    Provider is owned or licensed by the federal government.
13    All Provider licenses issued by the Department shall
14    specify the level and type of each vehicle covered by the
15    license (BLS, ILS, ALS, ambulance, SEMSV, limited
16    operation vehicle, special use vehicle, reserve
17    ambulance).
18        (5) Annually inspect all licensed vehicles operated by
19    Vehicle Service Providers, and relicense such Providers
20    that have met the Department's requirements for license
21    renewal.
22        (6) Suspend, revoke, refuse to issue or refuse to renew
23    the license of any Vehicle Service Provider, or that
24    portion of a license pertaining to a specific vehicle
25    operated by the Provider, after an opportunity for a
26    hearing, when findings show that the Provider or one or

 

 

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1    more of its vehicles has failed to comply with the
2    standards and requirements of this Act or rules adopted by
3    the Department pursuant to this Act.
4        (7) Issue an Emergency Suspension Order for any
5    Provider or vehicle licensed under this Act, when the
6    Director or his designee has determined that an immediate
7    and serious danger to the public health, safety and welfare
8    exists. Suspension or revocation proceedings which offer
9    an opportunity for hearing shall be promptly initiated
10    after the Emergency Suspension Order has been issued.
11        (8) Exempt any licensed vehicle from subsequent
12    vehicle design standards or specifications required by the
13    Department, as long as said vehicle is continuously in
14    compliance with the vehicle design standards and
15    specifications originally applicable to that vehicle, or
16    until said vehicle's title of ownership is transferred.
17        (9) Exempt any vehicle (except an SEMSV) which was
18    being used as an ambulance on or before December 15, 1980,
19    from vehicle design standards and specifications required
20    by the Department, until said vehicle's title of ownership
21    is transferred. Such vehicles shall not be exempt from all
22    other licensing standards and requirements prescribed by
23    the Department.
24        (10) Prohibit any Vehicle Service Provider from
25    advertising, identifying its vehicles, or disseminating
26    information in a false or misleading manner concerning the

 

 

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1    Provider's type and level of vehicles, location, primary
2    service area, response times, level of personnel,
3    licensure status or System participation.
4        (10.5) Prohibit any Vehicle Service Provider, whether
5    municipal, private, or hospital-owned, from advertising
6    itself as a critical care transport provider unless it
7    participates in a Department-approved EMS System critical
8    care transport plan.
9        (11) Charge each Vehicle Service Provider a fee per
10    transport vehicle, due annually at time of inspection to be
11    submitted with each application for licensure and license
12    renewal. The fee per transport vehicle shall be set by
13    administrative rule by the Department and shall not exceed
14    100 vehicles per provider.
15(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11;
1697-1014, eff. 1-1-13.)