Sen. John M. Sullivan

Filed: 4/26/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2777

2    AMENDMENT NO. ______. Amend House Bill 2777 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Emergency Medical Services (EMS) Systems
5Act is 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,

 

 

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1    and is maintained or operated for the emergency
2    transportation of persons who are sick, injured, wounded or
3    otherwise incapacitated or helpless, or the non-emergency
4    medical transportation of persons who require the presence
5    of medical personnel to monitor the individual's condition
6    or medical apparatus being used on such individuals.
7        (2) "Specialized Emergency Medical Services Vehicle"
8    or "SEMSV" means a vehicle or conveyance, other than those
9    owned or operated by the federal government, that is
10    primarily intended for use in transporting the sick or
11    injured by means of air, water, or ground transportation,
12    that is not an ambulance as defined in this Act. The term
13    includes watercraft, aircraft and special purpose ground
14    transport vehicles or conveyances not intended for use on
15    public roads.
16        (3) An ambulance or SEMSV may also be designated as a
17    Limited Operation Vehicle or Special-Use Vehicle:
18            (A) "Limited Operation Vehicle" means a vehicle
19        which is licensed by the Department to provide basic,
20        intermediate or advanced life support emergency or
21        non-emergency medical services that are exclusively
22        limited to specific events or locales.
23            (B) "Special-Use Vehicle" means any publicly or
24        privately owned vehicle that is specifically designed,
25        constructed or modified and equipped, and is intended
26        to be used for, and is maintained or operated solely

 

 

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1        for the emergency or non-emergency transportation of a
2        specific medical class or category of persons who are
3        sick, injured, wounded or otherwise incapacitated or
4        helpless (e.g. high-risk obstetrical patients,
5        neonatal patients).
6            (C) "Reserve Ambulance" means a vehicle that meets
7        all criteria set forth in this Section and all
8        Department rules, except for the required inventory of
9        medical supplies and durable medical equipment, which
10        may be rapidly transferred from a fully functional
11        ambulance to a reserve ambulance without the use of
12        tools or special mechanical expertise.
13    (b) The Department shall have the authority and
14responsibility to:
15        (1) Require all Vehicle Service Providers, both
16    publicly and privately owned, to function within an EMS
17    System.
18        (2) Require a Vehicle Service Provider utilizing
19    ambulances to have a primary affiliation with an EMS System
20    within the EMS Region in which its Primary Service Area is
21    located, which is the geographic areas in which the
22    provider renders the majority of its emergency responses.
23    This requirement shall not apply to Vehicle Service
24    Providers which exclusively utilize Limited Operation
25    Vehicles.
26        (3) Establish licensing standards and requirements for

 

 

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1    Vehicle Service Providers, through rules adopted pursuant
2    to this Act, including but not limited to:
3            (A) Vehicle design, specification, operation and
4        maintenance standards, including standards for the use
5        of reserve ambulances;
6            (B) Equipment requirements;
7            (C) Staffing requirements; and
8            (D) License renewal at intervals determined by the
9        Department, which shall be not less than every 4 years
10        Annual license renewal.
11        The Department's standards and requirements with
12    respect to vehicle staffing must allow for an alternative
13    rural staffing model for those vehicle service providers
14    that serve a rural or semi-rural population of 10,000 or
15    fewer inhabitants and exclusively uses volunteers,
16    paid-on-call, or a combination thereof.
17        (4) License all Vehicle Service Providers that have met
18    the Department's requirements for licensure, unless such
19    Provider is owned or licensed by the federal government.
20    All Provider licenses issued by the Department shall
21    specify the level and type of each vehicle covered by the
22    license (BLS, ILS, ALS, ambulance, SEMSV, limited
23    operation vehicle, special use vehicle, reserve
24    ambulance).
25        (5) Annually inspect all licensed vehicles operated by
26    Vehicle Service Providers, and relicense such Providers

 

 

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1    that have met the Department's requirements for license
2    renewal.
3        (6) Suspend, revoke, refuse to issue or refuse to renew
4    the license of any Vehicle Service Provider, or that
5    portion of a license pertaining to a specific vehicle
6    operated by the Provider, after an opportunity for a
7    hearing, when findings show that the Provider or one or
8    more of its vehicles has failed to comply with the
9    standards and requirements of this Act or rules adopted by
10    the Department pursuant to this Act.
11        (7) Issue an Emergency Suspension Order for any
12    Provider or vehicle licensed under this Act, when the
13    Director or his designee has determined that an immediate
14    and serious danger to the public health, safety and welfare
15    exists. Suspension or revocation proceedings which offer
16    an opportunity for hearing shall be promptly initiated
17    after the Emergency Suspension Order has been issued.
18        (8) Exempt any licensed vehicle from subsequent
19    vehicle design standards or specifications required by the
20    Department, as long as said vehicle is continuously in
21    compliance with the vehicle design standards and
22    specifications originally applicable to that vehicle, or
23    until said vehicle's title of ownership is transferred.
24        (9) Exempt any vehicle (except an SEMSV) which was
25    being used as an ambulance on or before December 15, 1980,
26    from vehicle design standards and specifications required

 

 

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1    by the Department, until said vehicle's title of ownership
2    is transferred. Such vehicles shall not be exempt from all
3    other licensing standards and requirements prescribed by
4    the Department.
5        (10) Prohibit any Vehicle Service Provider from
6    advertising, identifying its vehicles, or disseminating
7    information in a false or misleading manner concerning the
8    Provider's type and level of vehicles, location, primary
9    service area, response times, level of personnel,
10    licensure status or System participation.
11        (10.5) Prohibit any Vehicle Service Provider, whether
12    municipal, private, or hospital-owned, from advertising
13    itself as a critical care transport provider unless it
14    participates in a Department-approved EMS System critical
15    care transport plan.
16        (11) Charge each Vehicle Service Provider a fee per
17    transport vehicle, due annually at time of inspection to be
18    submitted with each application for licensure and license
19    renewal. The fee per transport vehicle shall be set by
20    administrative rule by the Department and shall not exceed
21    100 vehicles per provider.
22(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11;
2397-1014, eff. 1-1-13.)".