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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Firemen's Disciplinary Act is amended by |
5 | | changing Section 2 as follows: |
6 | | (50 ILCS 745/2) (from Ch. 85, par. 2502)
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7 | | Sec. 2. Definitions. For the purposes of this Act, unless |
8 | | clearly required otherwise,
the terms defined in this Section |
9 | | have the meaning ascribed herein:
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10 | | (a) "Fireman" means a person who is a "firefighter" or |
11 | | "fireman" as defined
in Sections 4-106 or 6-106 of the Illinois |
12 | | Pension Code, a paramedic employed by a unit of local |
13 | | government, or an EMT , emergency medical |
14 | | technician-intermediate (EMT-I), or advanced emergency medical |
15 | | technician (A-EMT) employed by a unit of local government, and |
16 | | includes a person
who is an "employee" as defined in Section |
17 | | 15-107 of the Illinois Pension Code
and whose primary duties |
18 | | relate to firefighting.
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19 | | (b) "Informal inquiry" means a meeting by supervisory or |
20 | | command personnel
with a fireman upon whom an allegation of |
21 | | misconduct has come to the attention
of such supervisory or |
22 | | command personnel, the purpose of which meeting is
to mediate a |
23 | | citizen complaint or discuss the facts to determine whether
a |
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1 | | formal investigation should be commenced.
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2 | | (c) "Formal investigation" means the process of |
3 | | investigation ordered
by a commanding officer during which the |
4 | | questioning of a fireman is intended
to gather evidence of |
5 | | misconduct which may be the basis for filing charges
seeking |
6 | | his or her removal, discharge, or suspension from duty in
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7 | | excess of 24 duty hours.
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8 | | (d) "Interrogation" means the questioning of a fireman |
9 | | pursuant to an
investigation initiated by the respective State |
10 | | or local governmental
unit in connection with an alleged |
11 | | violation of such unit's rules which may
be the basis for |
12 | | filing charges seeking his or her suspension, removal, or
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13 | | discharge. The term does not include questioning as part of an |
14 | | informal
inquiry as to allegations of misconduct relating to |
15 | | minor infractions of
agency rules which may be noted on the |
16 | | fireman's record but which may not in
themselves result in |
17 | | removal, discharge, or suspension from duty in
excess of 24 |
18 | | duty hours.
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19 | | (e) "Administrative proceeding" means any non-judicial |
20 | | hearing which
is authorized to recommend, approve or order the |
21 | | suspension, removal, or
discharge of a fireman.
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22 | | (Source: P.A. 96-922, eff. 6-10-10.)
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23 | | Section 10. The Volunteer Emergency Worker Job Protection |
24 | | Act is amended by changing Section 3 as follows: |
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1 | | (50 ILCS 748/3)
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2 | | Sec. 3. Definitions. As used in this Act: |
3 | | "Volunteer emergency worker" means a firefighter who does |
4 | | not receive monetary compensation for his or her services to a |
5 | | fire department or fire protection district and who does not |
6 | | work for any other fire department or fire protection district |
7 | | for monetary compensation. "Volunteer emergency worker" also |
8 | | means a person who does not receive monetary compensation for |
9 | | his or her services as a volunteer Emergency Medical Technician |
10 | | (licensed as an EMT EMT-B , EMT-I, A-EMT, or Paramedic EMT-P |
11 | | under the Emergency Medical Services (EMS) Systems Act), a |
12 | | volunteer ambulance driver or attendant, or a volunteer |
13 | | " Emergency Medical First Responder", as defined in Sec. 3.50 |
14 | | 3.60 of the Emergency Medical Services (EMT) Systems Act, to a |
15 | | fire department, fire protection district, or other |
16 | | governmental entity and who does not work in one of these |
17 | | capacities for any other fire department, fire protection |
18 | | district, or governmental entity for monetary compensation. |
19 | | "Volunteer emergency worker" also means a person who is a |
20 | | volunteer member of a county or municipal emergency services |
21 | | and disaster agency pursuant to the Illinois Emergency |
22 | | Management Agency Act, an auxiliary policeman appointed |
23 | | pursuant to the Municipal Code, or an auxiliary deputy |
24 | | appointed by a county sheriff pursuant to the Counties Code.
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25 | | "Monetary compensation" does not include a monetary |
26 | | incentive awarded to a firefighter by the board of trustees of |
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1 | | a fire protection district under Section 6 of the Fire |
2 | | Protection District Act.
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3 | | (Source: P.A. 94-599, eff. 1-1-06; 95-332, eff. 8-21-07.) |
4 | | Section 15. The Illinois Municipal Code is amended by |
5 | | changing Sections 10-1-7, 10-1-7.1, 10-2.1-4, 10-2.1-6.3, |
6 | | 10-2.1-14, and 10-2.1-31 as follows:
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7 | | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
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8 | | Sec. 10-1-7. Examination of applicants; disqualifications.
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9 | | (a) All applicants for offices or places in the classified |
10 | | service, except
those mentioned in Section 10-1-17, are subject |
11 | | to examination. The
examination shall be public, competitive, |
12 | | and open to all citizens of the
United States, with specified |
13 | | limitations as to residence, age, health, habits
and moral |
14 | | character.
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15 | | (b) Residency requirements in effect at the time an |
16 | | individual enters the
fire or police service of a municipality |
17 | | (other than a municipality that
has more than 1,000,000 |
18 | | inhabitants) cannot be made more restrictive
for that |
19 | | individual during his or her period of service for that |
20 | | municipality,
or be made a condition of promotion, except for |
21 | | the rank or position of Fire or
Police Chief.
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22 | | (c) No person with a record of misdemeanor convictions |
23 | | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
24 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
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1 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, |
2 | | 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and |
3 | | (a)(2)(C) of Section 11-14.3, and subsections (1), (6) and
(8) |
4 | | of Section 24-1 of the Criminal Code of 1961 or the Criminal |
5 | | Code of 2012 or arrested for any cause but
not convicted on |
6 | | that cause shall be disqualified from taking the examination
on |
7 | | grounds of habits or moral character, unless the person is |
8 | | attempting to
qualify for a position on the police department, |
9 | | in which case the conviction
or arrest may be considered as a |
10 | | factor in determining the person's habits or
moral character.
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11 | | (d) Persons entitled to military preference under Section |
12 | | 10-1-16
shall not be subject to limitations specifying age |
13 | | unless they are
applicants for a position as a fireman or a |
14 | | policeman having no previous
employment status as a fireman or |
15 | | policeman in the regularly constituted
fire or police |
16 | | department of the municipality, in which case they must not
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17 | | have attained their 35th birthday, except any person who has |
18 | | served as an
auxiliary police officer under Section 3.1-30-20 |
19 | | for at least 5 years and is
under 40 years of age.
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20 | | (e) All employees of a municipality of less than 500,000 |
21 | | population (except
those who would be excluded from the |
22 | | classified service as provided in this
Division 1) who are |
23 | | holding that employment as of the date a municipality
adopts |
24 | | this Division 1, or as of July 17, 1959, whichever date is the |
25 | | later,
and who have held that employment for at least 2 years |
26 | | immediately before that
later date, and all firemen and |
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1 | | policemen regardless of length of service who
were either |
2 | | appointed to their respective positions by the board of fire |
3 | | and
police commissioners under the provisions of Division 2 of |
4 | | this Article or who
are serving in a position (except as a |
5 | | temporary employee) in the fire or
police department in the |
6 | | municipality on the date a municipality adopts
this Division 1, |
7 | | or as of July 17, 1959, whichever date is the later, shall
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8 | | become members of the classified civil service of the |
9 | | municipality
without examination.
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10 | | (f) The examinations shall be practical in their character, |
11 | | and shall
relate to those matters that will fairly test the |
12 | | relative capacity of the
persons examined to discharge the |
13 | | duties of the positions to which they
seek to be appointed. The |
14 | | examinations shall include tests of physical
qualifications, |
15 | | health, and (when appropriate) manual skill. If an applicant
is |
16 | | unable to pass the physical examination solely as the result of |
17 | | an injury
received by the applicant as the result of the |
18 | | performance of an act of duty
while working as a temporary |
19 | | employee in the position for which he or she is
being examined, |
20 | | however, the physical examination shall be waived and the
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21 | | applicant shall be considered to have passed the examination. |
22 | | No questions in
any examination shall relate to political or |
23 | | religious opinions or
affiliations. Results of examinations |
24 | | and the eligible registers prepared from
the results shall be |
25 | | published by the commission within 60 days after any
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26 | | examinations are held.
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1 | | (g) The commission shall control all examinations, and may, |
2 | | whenever an
examination is to take place, designate a suitable |
3 | | number of persons,
either in or not in the official service of |
4 | | the municipality, to be
examiners. The examiners shall conduct |
5 | | the examinations as directed by the
commission and shall make a |
6 | | return or report of the examinations to the
commission. If the |
7 | | appointed examiners are in the official service of the
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8 | | municipality, the examiners shall not receive extra |
9 | | compensation for conducting
the examinations unless the |
10 | | examiners are subject to a collective bargaining agreement with |
11 | | the municipality. The commission may at any time substitute any |
12 | | other person,
whether or not in the service of the |
13 | | municipality, in the place of any one
selected as an examiner. |
14 | | The commission members may themselves at any time act
as |
15 | | examiners without appointing examiners. The examiners at any |
16 | | examination
shall not all be members of the same political |
17 | | party.
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18 | | (h) In municipalities of 500,000 or more population, no |
19 | | person who has
attained his or her 35th birthday shall be |
20 | | eligible to take an examination for
a position as a fireman or |
21 | | a policeman unless the person has had previous
employment |
22 | | status as a policeman or fireman in the regularly constituted |
23 | | police
or fire department of the municipality, except as |
24 | | provided in this Section.
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25 | | (i) In municipalities of more than 5,000 but not more than |
26 | | 200,000
inhabitants, no person who has attained his or her 35th |
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1 | | birthday shall be
eligible to take an examination for a |
2 | | position as a fireman or a policeman
unless the person has had |
3 | | previous employment status as a policeman or fireman
in the |
4 | | regularly constituted police or fire department of the |
5 | | municipality,
except as provided in this Section.
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6 | | (j) In all municipalities, applicants who are 20 years of |
7 | | age and who have
successfully completed 2 years of law |
8 | | enforcement studies at an accredited
college or university may |
9 | | be considered for appointment to active duty with
the police |
10 | | department. An applicant described in this subsection (j) who |
11 | | is
appointed to active duty shall not have power of arrest, nor |
12 | | shall the
applicant be permitted to carry firearms, until he or |
13 | | she reaches 21 years of
age.
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14 | | (k) In municipalities of more than 500,000 population, |
15 | | applications for
examination for and appointment to positions |
16 | | as firefighters or police
shall be made available at various |
17 | | branches of the public library of the
municipality.
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18 | | (l) No municipality having a population less than 1,000,000 |
19 | | shall require
that any fireman appointed to the lowest rank |
20 | | serve a probationary employment
period of longer than one year. |
21 | | The limitation on periods of probationary
employment provided |
22 | | in this amendatory Act of 1989 is an exclusive power and
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23 | | function of the State. Pursuant to subsection (h) of Section 6 |
24 | | of Article VII
of the Illinois Constitution, a home rule |
25 | | municipality having a population less
than 1,000,000 must |
26 | | comply with this limitation on periods of probationary
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1 | | employment, which is a denial and limitation of home rule |
2 | | powers.
Notwithstanding anything to the contrary in this |
3 | | Section, the probationary
employment period limitation may be |
4 | | extended for a firefighter who is required, as a condition of |
5 | | employment, to be a licensed certified paramedic, during which |
6 | | time the sole reason that a firefighter may be discharged |
7 | | without a hearing is for failing to meet the requirements for |
8 | | paramedic licensure certification .
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9 | | (m) To the extent that this Section or any other Section in |
10 | | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then |
11 | | Section 10-1-7.1 or 10-1-7.2 shall control. |
12 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-251, eff. 8-4-11; |
13 | | 97-898, eff. 8-6-12; 97-1109, eff. 1-1-13; 97-1150, eff. |
14 | | 1-25-13.)
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15 | | (65 ILCS 5/10-1-7.1) |
16 | | Sec. 10-1-7.1. Original appointments; full-time fire |
17 | | department. |
18 | | (a) Applicability. Unless a commission elects to follow the |
19 | | provisions of Section 10-1-7.2, this Section shall apply to all |
20 | | original appointments to an affected full-time fire |
21 | | department. Existing registers of eligibles shall continue to |
22 | | be valid until their expiration dates, or up to a maximum of 2 |
23 | | years after the effective date of this amendatory Act of the |
24 | | 97th General Assembly. |
25 | | Notwithstanding any statute, ordinance, rule, or other law |
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1 | | to the contrary, all original appointments to an affected |
2 | | department to which this Section applies shall be administered |
3 | | in the manner provided for in this Section. Provisions of the |
4 | | Illinois Municipal Code, municipal ordinances, and rules |
5 | | adopted pursuant to such authority and other laws relating to |
6 | | initial hiring of firefighters in affected departments shall |
7 | | continue to apply to the extent they are compatible with this |
8 | | Section, but in the event of a conflict between this Section |
9 | | and any other law, this Section shall control. |
10 | | A home rule or non-home rule municipality may not |
11 | | administer its fire department process for original |
12 | | appointments in a manner that is less stringent than this |
13 | | Section. This Section is a limitation under subsection (i) of |
14 | | Section 6 of Article VII of the Illinois Constitution on the |
15 | | concurrent exercise by home rule units of the powers and |
16 | | functions exercised by the State. |
17 | | A municipality that is operating under a court order or |
18 | | consent decree regarding original appointments to a full-time |
19 | | fire department before the effective date of this amendatory |
20 | | Act of the 97th General Assembly is exempt from the |
21 | | requirements of this Section for the duration of the court |
22 | | order or consent decree. |
23 | | Notwithstanding any other provision of this subsection |
24 | | (a), this Section does not apply to a municipality with more |
25 | | than 1,000,000 inhabitants. |
26 | | (b) Original appointments. All original appointments made |
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1 | | to an affected fire department shall be made from a register of |
2 | | eligibles established in accordance with the processes |
3 | | established by this Section. Only persons who meet or exceed |
4 | | the performance standards required by this Section shall be |
5 | | placed on a register of eligibles for original appointment to |
6 | | an affected fire department. |
7 | | Whenever an appointing authority authorizes action to hire |
8 | | a person to perform the duties of a firefighter or to hire a |
9 | | firefighter-paramedic to fill a position that is a new position |
10 | | or vacancy due to resignation, discharge, promotion, death, the |
11 | | granting of a disability or retirement pension, or any other |
12 | | cause, the appointing authority shall appoint to that position |
13 | | the person with the highest ranking on the final eligibility |
14 | | list. If the appointing authority has reason to conclude that |
15 | | the highest ranked person fails to meet the minimum standards |
16 | | for the position or if the appointing authority believes an |
17 | | alternate candidate would better serve the needs of the |
18 | | department, then the appointing authority has the right to pass |
19 | | over the highest ranked person and appoint either: (i) any |
20 | | person who has a ranking in the top 5% of the register of |
21 | | eligibles or (ii) any person who is among the top 5 highest |
22 | | ranked persons on the list of eligibles if the number of people |
23 | | who have a ranking in the top 5% of the register of eligibles |
24 | | is less than 5 people. |
25 | | Any candidate may pass on an appointment once without |
26 | | losing his or her position on the register of eligibles. Any |
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1 | | candidate who passes a second time may be removed from the list |
2 | | by the appointing authority provided that such action shall not |
3 | | prejudice a person's opportunities to participate in future |
4 | | examinations, including an examination held during the time a |
5 | | candidate is already on the municipality's register of |
6 | | eligibles. |
7 | | The sole authority to issue certificates of appointment |
8 | | shall be vested in the Civil Service Commission. All |
9 | | certificates of appointment issued to any officer or member of |
10 | | an affected department shall be signed by the chairperson and |
11 | | secretary, respectively, of the commission upon appointment of |
12 | | such officer or member to the affected department by the |
13 | | commission. Each person who accepts a certificate of |
14 | | appointment and successfully completes his or her probationary |
15 | | period shall be enrolled as a firefighter and as a regular |
16 | | member of the fire department. |
17 | | For the purposes of this Section, "firefighter" means any |
18 | | person who has been prior to, on, or after the effective date |
19 | | of this amendatory Act of the 97th General Assembly appointed |
20 | | to a fire department or fire protection district or employed by |
21 | | a State university and sworn or commissioned to perform |
22 | | firefighter duties or paramedic duties, or both, except that |
23 | | the following persons are not included: part-time |
24 | | firefighters; auxiliary, reserve, or voluntary firefighters, |
25 | | including paid-on-call firefighters; clerks and dispatchers or |
26 | | other civilian employees of a fire department or fire |
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1 | | protection district who are not routinely expected to perform |
2 | | firefighter duties; and elected officials. |
3 | | (c) Qualification for placement on register of eligibles. |
4 | | The purpose of establishing a register of eligibles is to |
5 | | identify applicants who possess and demonstrate the mental |
6 | | aptitude and physical ability to perform the duties required of |
7 | | members of the fire department in order to provide the highest |
8 | | quality of service to the public. To this end, all applicants |
9 | | for original appointment to an affected fire department shall |
10 | | be subject to examination and testing which shall be public, |
11 | | competitive, and open to all applicants unless the municipality |
12 | | shall by ordinance limit applicants to residents of the |
13 | | municipality, county or counties in which the municipality is |
14 | | located, State, or nation. Municipalities may establish |
15 | | educational, emergency medical service licensure, and other |
16 | | pre-requisites for participation in an examination or for hire |
17 | | as a firefighter. Any municipality may charge a fee to cover |
18 | | the costs of the application process. |
19 | | Residency requirements in effect at the time an individual |
20 | | enters the fire service of a municipality cannot be made more |
21 | | restrictive for that individual during his or her period of |
22 | | service for that municipality, or be made a condition of |
23 | | promotion, except for the rank or position of fire chief and |
24 | | for no more than 2 positions that rank immediately below that |
25 | | of the chief rank which are appointed positions pursuant to the |
26 | | Fire Department Promotion Act. |
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1 | | No person who is 35 years of age or older shall be eligible |
2 | | to take an examination for a position as a firefighter unless |
3 | | the person has had previous employment status as a firefighter |
4 | | in the regularly constituted fire department of the |
5 | | municipality, except as provided in this Section. The age |
6 | | limitation does not apply to: |
7 | | (1) any person previously employed as a full-time |
8 | | firefighter in a regularly constituted fire department of |
9 | | (i) any municipality or fire protection district located in |
10 | | Illinois, (ii) a fire protection district whose |
11 | | obligations were assumed by a municipality under Section 21 |
12 | | of the Fire Protection District Act, or (iii) a |
13 | | municipality whose obligations were taken over by a fire |
14 | | protection district, or |
15 | | (2) any person who has served a municipality as a |
16 | | regularly enrolled volunteer, paid-on-call, or part-time |
17 | | firefighter for the 5 years immediately preceding the time |
18 | | that the municipality begins to use full-time firefighters |
19 | | to provide all or part of its fire protection service. |
20 | | No person who is under 21 years of age shall be eligible |
21 | | for employment as a firefighter. |
22 | | No applicant shall be examined concerning his or her |
23 | | political or religious opinions or affiliations. The |
24 | | examinations shall be conducted by the commissioners of the |
25 | | municipality or their designees and agents. |
26 | | No municipality shall require that any firefighter |
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1 | | appointed to the lowest rank serve a probationary employment |
2 | | period of longer than one year of actual active employment, |
3 | | which may exclude periods of training, or injury or illness |
4 | | leaves, including duty related leave, in excess of 30 calendar |
5 | | days. Notwithstanding anything to the contrary in this Section, |
6 | | the probationary employment period limitation may be extended |
7 | | for a firefighter who is required, as a condition of |
8 | | employment, to be a licensed certified paramedic, during which |
9 | | time the sole reason that a firefighter may be discharged |
10 | | without a hearing is for failing to meet the requirements for |
11 | | paramedic licensure certification . |
12 | | In the event that any applicant who has been found eligible |
13 | | for appointment and whose name has been placed upon the final |
14 | | eligibility register provided for in this Division 1 has not |
15 | | been appointed to a firefighter position within one year after |
16 | | the date of his or her physical ability examination, the |
17 | | commission may cause a second examination to be made of that |
18 | | applicant's physical ability prior to his or her appointment. |
19 | | If, after the second examination, the physical ability of the |
20 | | applicant shall be found to be less than the minimum standard |
21 | | fixed by the rules of the commission, the applicant shall not |
22 | | be appointed. The applicant's name may be retained upon the |
23 | | register of candidates eligible for appointment and when next |
24 | | reached for certification and appointment that applicant may be |
25 | | again examined as provided in this Section, and if the physical |
26 | | ability of that applicant is found to be less than the minimum |
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1 | | standard fixed by the rules of the commission, the applicant |
2 | | shall not be appointed, and the name of the applicant shall be |
3 | | removed from the register. |
4 | | (d) Notice, examination, and testing components. Notice of |
5 | | the time, place, general scope, merit criteria for any |
6 | | subjective component, and fee of every examination shall be |
7 | | given by the commission, by a publication at least 2 weeks |
8 | | preceding the examination: (i) in one or more newspapers |
9 | | published in the municipality, or if no newspaper is published |
10 | | therein, then in one or more newspapers with a general |
11 | | circulation within the municipality, or (ii) on the |
12 | | municipality's Internet website. Additional notice of the |
13 | | examination may be given as the commission shall prescribe. |
14 | | The examination and qualifying standards for employment of |
15 | | firefighters shall be based on: mental aptitude, physical |
16 | | ability, preferences, moral character, and health. The mental |
17 | | aptitude, physical ability, and preference components shall |
18 | | determine an applicant's qualification for and placement on the |
19 | | final register of eligibles. The examination may also include a |
20 | | subjective component based on merit criteria as determined by |
21 | | the commission. Scores from the examination must be made |
22 | | available to the public. |
23 | | (e) Mental aptitude. No person who does not possess at |
24 | | least a high school diploma or an equivalent high school |
25 | | education shall be placed on a register of eligibles. |
26 | | Examination of an applicant's mental aptitude shall be based |
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1 | | upon a written examination. The examination shall be practical |
2 | | in character and relate to those matters that fairly test the |
3 | | capacity of the persons examined to discharge the duties |
4 | | performed by members of a fire department. Written examinations |
5 | | shall be administered in a manner that ensures the security and |
6 | | accuracy of the scores achieved. |
7 | | (f) Physical ability. All candidates shall be required to |
8 | | undergo an examination of their physical ability to perform the |
9 | | essential functions included in the duties they may be called |
10 | | upon to perform as a member of a fire department. For the |
11 | | purposes of this Section, essential functions of the job are |
12 | | functions associated with duties that a firefighter may be |
13 | | called upon to perform in response to emergency calls. The |
14 | | frequency of the occurrence of those duties as part of the fire |
15 | | department's regular routine shall not be a controlling factor |
16 | | in the design of examination criteria or evolutions selected |
17 | | for testing. These physical examinations shall be open, |
18 | | competitive, and based on industry standards designed to test |
19 | | each applicant's physical abilities in the following |
20 | | dimensions: |
21 | | (1) Muscular strength to perform tasks and evolutions |
22 | | that may be required in the performance of duties including |
23 | | grip strength, leg strength, and arm strength. Tests shall |
24 | | be conducted under anaerobic as well as aerobic conditions |
25 | | to test both the candidate's speed and endurance in |
26 | | performing tasks and evolutions. Tasks tested may be based |
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1 | | on standards developed, or approved, by the local |
2 | | appointing authority. |
3 | | (2) The ability to climb ladders, operate from heights, |
4 | | walk or crawl in the dark along narrow and uneven surfaces, |
5 | | and operate in proximity to hazardous environments. |
6 | | (3) The ability to carry out critical, time-sensitive, |
7 | | and complex problem solving during physical exertion in |
8 | | stressful and hazardous environments. The testing |
9 | | environment may be hot and dark with tightly enclosed |
10 | | spaces, flashing lights, sirens, and other distractions. |
11 | | The tests utilized to measure each applicant's
|
12 | | capabilities in each of these dimensions may be tests based on
|
13 | | industry standards currently in use or equivalent tests |
14 | | approved by the Joint Labor-Management Committee of the Office |
15 | | of the State Fire Marshal. |
16 | | Physical ability examinations administered under this |
17 | | Section shall be conducted with a reasonable number of proctors |
18 | | and monitors, open to the public, and subject to reasonable |
19 | | regulations of the commission. |
20 | | (g) Scoring of examination components. Appointing |
21 | | authorities may create a preliminary eligibility register. A |
22 | | person shall be placed on the list based upon his or her |
23 | | passage of the written examination or the passage of the |
24 | | written examination and the physical ability component. |
25 | | Passage of the written examination means a score that is at or |
26 | | above the median score for all applicants participating in the |
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1 | | written test. The appointing authority may conduct the physical |
2 | | ability component and any subjective components subsequent to |
3 | | the posting of the preliminary eligibility register. |
4 | | The examination components for an initial eligibility |
5 | | register shall be graded on a 100-point scale. A person's |
6 | | position on the list shall be determined by the following: (i)
|
7 | | the person's score on the written examination, (ii) the person
|
8 | | successfully passing the physical ability component, and (iii) |
9 | | the
person's results on any subjective component as described |
10 | | in
subsection (d). |
11 | | In order to qualify for placement on the final eligibility |
12 | | register, an applicant's score on the written examination, |
13 | | before any applicable preference points or subjective points |
14 | | are applied, shall be at or above the median score. The local |
15 | | appointing authority may prescribe the score to qualify for |
16 | | placement on the final eligibility register, but the score |
17 | | shall not be less than the median score. |
18 | | The commission shall prepare and keep a register of persons |
19 | | whose total score is not less than the minimum fixed by this |
20 | | Section and who have passed the physical ability examination. |
21 | | These persons shall take rank upon the register as candidates |
22 | | in the order of their relative excellence based on the highest |
23 | | to the lowest total points scored on the mental aptitude, |
24 | | subjective component, and preference components of the test |
25 | | administered in accordance with this Section. No more than 60 |
26 | | days after each examination, an initial eligibility list shall |
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1 | | be posted by the commission. The list shall include the final |
2 | | grades of the candidates without reference to priority of the |
3 | | time of examination and subject to claim for preference credit. |
4 | | Commissions may conduct additional examinations, including |
5 | | without limitation a polygraph test, after a final eligibility |
6 | | register is established and before it expires with the |
7 | | candidates ranked by total score without regard to date of |
8 | | examination. No more than 60 days after each examination, an |
9 | | initial eligibility list shall be posted by the commission |
10 | | showing the final grades of the candidates without reference to |
11 | | priority of time of examination and subject to claim for |
12 | | preference credit. |
13 | | (h) Preferences. The following are preferences: |
14 | | (1) Veteran preference. Persons who were engaged in the |
15 | | military service of the United States for a period of at |
16 | | least one year of active duty and who were honorably |
17 | | discharged therefrom, or who are now or have been members |
18 | | on inactive or reserve duty in such military or naval |
19 | | service, shall be preferred for appointment to and |
20 | | employment with the fire department of an affected |
21 | | department. |
22 | | (2) Fire cadet preference. Persons who have |
23 | | successfully completed 2 years of study in fire techniques |
24 | | or cadet training within a cadet program established under |
25 | | the rules of the Joint Labor and Management Committee |
26 | | (JLMC), as defined in Section 50 of the Fire Department |
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1 | | Promotion Act, may be preferred for appointment to and |
2 | | employment with the fire department. |
3 | | (3) Educational preference. Persons who have |
4 | | successfully obtained an associate's degree in the field of |
5 | | fire service or emergency medical services, or a bachelor's |
6 | | degree from an accredited college or university may be |
7 | | preferred for appointment to and employment with the fire |
8 | | department. |
9 | | (4) Paramedic preference. Persons who have obtained a |
10 | | license certification as a paramedic an Emergency Medical |
11 | | Technician-Paramedic (EMT-P) may be preferred for |
12 | | appointment to and employment with the fire department of |
13 | | an affected department providing emergency medical |
14 | | services. |
15 | | (5) Experience preference. All persons employed by a |
16 | | municipality who have been paid-on-call or part-time |
17 | | certified Firefighter II, certified Firefighter III, State |
18 | | of Illinois or nationally licensed EMT, EMT-B or EMT-I, |
19 | | A-EMT, or licensed paramedic, or any combination of those |
20 | | capacities may be awarded up to a maximum of 5 points. |
21 | | However, the applicant may not be awarded more than 0.5 |
22 | | points for each complete year of paid-on-call or part-time |
23 | | service. Applicants from outside the municipality who were |
24 | | employed as full-time firefighters or |
25 | | firefighter-paramedics by a fire protection district or |
26 | | another municipality may be awarded up to 5 experience |
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1 | | preference points. However, the applicant may not be |
2 | | awarded more than one point for each complete year of |
3 | | full-time service. |
4 | | Upon request by the commission, the governing body of |
5 | | the municipality or in the case of applicants from outside |
6 | | the municipality the governing body of any fire protection |
7 | | district or any other municipality shall certify to the |
8 | | commission, within 10 days after the request, the number of |
9 | | years of successful paid-on-call, part-time, or full-time |
10 | | service of any person. A candidate may not receive the full |
11 | | amount of preference points under this subsection if the |
12 | | amount of points awarded would place the candidate before a |
13 | | veteran on the eligibility list. If more than one candidate |
14 | | receiving experience preference points is prevented from |
15 | | receiving all of their points due to not being allowed to |
16 | | pass a veteran, the candidates shall be placed on the list |
17 | | below the veteran in rank order based on the totals |
18 | | received if all points under this subsection were to be |
19 | | awarded. Any remaining ties on the list shall be determined |
20 | | by lot. |
21 | | (6) Residency preference. Applicants whose principal |
22 | | residence is located within the fire department's |
23 | | jurisdiction may be preferred for appointment to and |
24 | | employment with the fire department. |
25 | | (7) Additional preferences. Up to 5 additional |
26 | | preference points may be awarded for unique categories |
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1 | | based on an applicant's experience or background as |
2 | | identified by the commission. |
3 | | (8) Scoring of preferences. The commission shall give |
4 | | preference for original appointment to persons designated |
5 | | in item (1)
by adding to the final grade that they receive |
6 | | 5 points
for the recognized preference achieved. The |
7 | | commission shall determine the number of preference points |
8 | | for each category except (1). The number of preference |
9 | | points for each category shall range from 0 to 5. In |
10 | | determining the number of preference points, the |
11 | | commission shall prescribe that if a candidate earns the |
12 | | maximum number of preference points in all categories, that |
13 | | number may not be less than 10 nor more than 30. The |
14 | | commission shall give preference for original appointment |
15 | | to persons designated in items (2) through (7) by adding |
16 | | the requisite number of points to the final grade for each |
17 | | recognized preference achieved. The numerical result thus |
18 | | attained shall be applied by the commission in determining |
19 | | the final eligibility list and appointment from the |
20 | | eligibility list. The local appointing authority may |
21 | | prescribe the total number of preference points awarded |
22 | | under this Section, but the total number of preference |
23 | | points shall not be less than 10 points or more than 30 |
24 | | points. |
25 | | No person entitled to any preference shall be required to |
26 | | claim the credit before any examination held under the |
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1 | | provisions of this Section, but the preference shall be given |
2 | | after the posting or publication of the initial eligibility |
3 | | list or register at the request of a person entitled to a |
4 | | credit before any certification or appointments are made from |
5 | | the eligibility register, upon the furnishing of verifiable |
6 | | evidence and proof of qualifying preference credit. Candidates |
7 | | who are eligible for preference credit shall make a claim in |
8 | | writing within 10 days after the posting of the initial |
9 | | eligibility list, or the claim shall be deemed waived. Final |
10 | | eligibility registers shall be established after the awarding |
11 | | of verified preference points. All employment shall be subject |
12 | | to the commission's initial hire background review including, |
13 | | but not limited to, criminal history, employment history, moral |
14 | | character, oral examination, and medical and psychological |
15 | | examinations, all on a pass-fail basis. The medical and |
16 | | psychological examinations must be conducted last, and may only |
17 | | be performed after a conditional offer of employment has been |
18 | | extended. |
19 | | Any person placed on an eligibility list who exceeds the |
20 | | age requirement before being appointed to a fire department |
21 | | shall remain eligible for appointment until the list is |
22 | | abolished, or his or her name has been on the list for a period |
23 | | of 2 years. No person who has attained the age of 35 years |
24 | | shall be inducted into a fire department, except as otherwise |
25 | | provided in this Section. |
26 | | The commission shall strike off the names of candidates for |
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1 | | original appointment after the names have been on the list for |
2 | | more than 2 years. |
3 | | (i) Moral character. No person shall be appointed to a fire |
4 | | department unless he or she is a person of good character; not |
5 | | a habitual drunkard, a gambler, or a person who has been |
6 | | convicted of a felony or a crime involving moral turpitude. |
7 | | However, no person shall be disqualified from appointment to |
8 | | the fire department because of the person's record of |
9 | | misdemeanor convictions except those under Sections 11-6, |
10 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
11 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
12 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
13 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012, or arrest for any cause without |
15 | | conviction thereon. Any such person who is in the department |
16 | | may be removed on charges brought for violating this subsection |
17 | | and after a trial as hereinafter provided. |
18 | | A classifiable set of the fingerprints of every person who |
19 | | is offered employment as a certificated member of an affected |
20 | | fire department whether with or without compensation, shall be |
21 | | furnished to the Illinois Department of State Police and to the |
22 | | Federal Bureau of Investigation by the commission. |
23 | | Whenever a commission is authorized or required by law to |
24 | | consider some aspect of criminal history record information for |
25 | | the purpose of carrying out its statutory powers and |
26 | | responsibilities, then, upon request and payment of fees in |
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1 | | conformance with the requirements of Section 2605-400 of the |
2 | | State Police Law of the Civil Administrative Code of Illinois, |
3 | | the Department of State Police is authorized to furnish, |
4 | | pursuant to positive identification, the information contained |
5 | | in State files as is necessary to fulfill the request. |
6 | | (j) Temporary appointments. In order to prevent a stoppage |
7 | | of public business, to meet extraordinary exigencies, or to |
8 | | prevent material impairment of the fire department, the |
9 | | commission may make temporary appointments, to remain in force |
10 | | only until regular appointments are made under the provisions |
11 | | of this Division, but never to exceed 60 days. No temporary |
12 | | appointment of any one person shall be made more than twice in |
13 | | any calendar year. |
14 | | (k) A person who knowingly divulges or receives test |
15 | | questions or answers before a written examination, or otherwise |
16 | | knowingly violates or subverts any requirement of this Section, |
17 | | commits a violation of this Section and may be subject to |
18 | | charges for official misconduct. |
19 | | A person who is the knowing recipient of test information |
20 | | in advance of the examination shall be disqualified from the |
21 | | examination or discharged from the position to which he or she |
22 | | was appointed, as applicable, and otherwise subjected to |
23 | | disciplinary actions.
|
24 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
25 | | 97-1150, eff. 1-25-13.)
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1 | | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
|
2 | | Sec. 10-2.1-4. Fire and police departments; Appointment of
|
3 | | members; Certificates of appointments. |
4 | | The board of fire and police commissioners shall appoint |
5 | | all officers
and members of the fire and police departments of |
6 | | the municipality,
including the chief of police and the chief |
7 | | of the fire department,
unless the council or board of trustees |
8 | | shall by ordinance as to them
otherwise provide; except as |
9 | | otherwise provided in this Section, and
except that in any |
10 | | municipality which adopts or has
adopted this Division 2.1 and |
11 | | also adopts or has adopted Article 5 of
this Code, the chief of |
12 | | police and the chief of the fire department
shall be appointed |
13 | | by the municipal manager, if it is provided by
ordinance in |
14 | | such municipality that such chiefs, or either of them,
shall |
15 | | not be appointed by the board of fire and police commissioners.
|
16 | | If the chief of the fire department or the chief of the |
17 | | police department
or both of them are appointed in the manner |
18 | | provided by ordinance, they
may be removed or discharged by the |
19 | | appointing authority. In such case
the appointing authority |
20 | | shall file with the corporate authorities the reasons
for such |
21 | | removal or discharge, which removal or discharge shall not |
22 | | become
effective unless confirmed by a majority vote of the |
23 | | corporate authorities.
|
24 | | If a member of the department is appointed chief of police |
25 | | or chief
of the fire department prior to being eligible to |
26 | | retire on pension, he
shall be considered as on furlough from |
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1 | | the rank he held immediately
prior to his appointment as chief. |
2 | | If he resigns as chief or is
discharged as chief prior to |
3 | | attaining eligibility to retire on pension,
he shall revert to |
4 | | and be established in whatever rank he currently holds,
except |
5 | | for previously appointed positions, and thereafter
be entitled |
6 | | to all the benefits and emoluments of that rank,
without regard |
7 | | as to whether a vacancy then exists in that rank.
|
8 | | All appointments to each department other than that of the |
9 | | lowest
rank, however, shall be from the rank next below that to |
10 | | which the
appointment is made except as otherwise provided in |
11 | | this Section, and
except that the chief of police and the chief |
12 | | of the
fire department may be appointed from among members of |
13 | | the police and
fire departments, respectively, regardless of |
14 | | rank, unless the council
or board of trustees shall have by |
15 | | ordinance as to them otherwise provided.
A chief of police or |
16 | | the chief of the fire department, having been appointed
from |
17 | | among members
of the police or fire department, respectively, |
18 | | shall be permitted, regardless
of rank, to
take promotional
|
19 | | exams and be promoted to a higher classified rank than he |
20 | | currently holds,
without having to
resign as chief of police or |
21 | | chief of the fire department.
|
22 | | The sole authority to issue certificates of appointment |
23 | | shall be
vested in the Board of Fire and Police Commissioners |
24 | | and all
certificates of appointments issued to any officer or |
25 | | member of the fire
or police department of a municipality shall |
26 | | be signed by the chairman
and secretary respectively of the |
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1 | | board of fire and police commissioners
of such municipality, |
2 | | upon appointment of such officer or member of the
fire and |
3 | | police department of such municipality by action of the board
|
4 | | of fire and police commissioners. In any municipal fire |
5 | | department that employs full-time firefighters and is subject |
6 | | to a collective bargaining agreement, a person who has not |
7 | | qualified for regular appointment under the provisions of this |
8 | | Division 2.1 shall not be used as a temporary or permanent |
9 | | substitute for classified members of a municipality's fire |
10 | | department or for regular appointment as a classified member of |
11 | | a municipality's fire department unless mutually agreed to by |
12 | | the employee's certified bargaining agent. Such agreement |
13 | | shall be considered a permissive subject of bargaining. |
14 | | Municipal fire departments covered by the changes made by this |
15 | | amendatory Act of the 95th General Assembly that are using |
16 | | non-certificated employees as substitutes immediately prior to |
17 | | the effective date of this amendatory Act of the 95th General |
18 | | Assembly may, by mutual agreement with the certified bargaining |
19 | | agent, continue the existing practice or a modified practice |
20 | | and that agreement shall be considered a permissive subject of |
21 | | bargaining. A home rule unit may not regulate the hiring of |
22 | | temporary or substitute members of the municipality's fire |
23 | | department in a manner that is inconsistent with this Section. |
24 | | This Section is a limitation under subsection (i) of Section 6 |
25 | | of Article VII of the Illinois Constitution on the concurrent |
26 | | exercise by home rule units of powers and functions exercised |
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1 | | by the State.
|
2 | | The term "policemen" as used in this Division does not |
3 | | include
auxiliary police officers except as provided for in |
4 | | Section 10-2.1-6.
|
5 | | Any full time member of a regular fire or police department |
6 | | of any
municipality which comes under the provisions of this |
7 | | Division or adopts
this Division 2.1 or which has adopted any |
8 | | of the prior Acts pertaining to
fire and police commissioners, |
9 | | is a city officer.
|
10 | | Notwithstanding any other provision of this Section, the |
11 | | Chief of
Police of a department in a non-home rule municipality |
12 | | of more than 130,000
inhabitants may, without the advice or |
13 | | consent of the Board of
Fire and Police Commissioners, appoint |
14 | | up to 6 officers who shall be known
as deputy chiefs or |
15 | | assistant deputy chiefs, and whose rank shall be
immediately |
16 | | below that of Chief. The deputy or assistant deputy chiefs may
|
17 | | be appointed from any rank of sworn officers of that |
18 | | municipality, but no
person who is not such a sworn officer may |
19 | | be so appointed. Such deputy
chief or assistant deputy chief |
20 | | shall have the authority to direct and
issue orders to all |
21 | | employees of the Department holding the rank of captain
or any |
22 | | lower rank.
A deputy chief of police or assistant deputy chief |
23 | | of police, having been
appointed from any rank
of sworn |
24 | | officers of that municipality, shall be permitted, regardless |
25 | | of rank,
to take promotional
exams and be promoted to a higher |
26 | | classified rank than he currently holds,
without having to
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1 | | resign as deputy chief of police or assistant deputy chief of |
2 | | police.
|
3 | | Notwithstanding any other provision of this Section, a |
4 | | non-home rule
municipality of 130,000 or fewer inhabitants, |
5 | | through its council or board
of trustees, may, by ordinance, |
6 | | provide for a position of deputy chief to be
appointed by the |
7 | | chief of the police department. The ordinance shall provide
for |
8 | | no more than one deputy chief position if the police department |
9 | | has fewer
than 25 full-time police officers and for no more |
10 | | than 2 deputy chief positions
if the police department has 25 |
11 | | or more full-time police officers. The deputy
chief position
|
12 | | shall be an exempt rank immediately below that of Chief. The |
13 | | deputy chief may
be appointed from any rank of sworn, full-time |
14 | | officers of the municipality's
police department, but must have |
15 | | at least 5 years of full-time service as a
police officer in |
16 | | that department. A deputy chief shall serve at the
discretion |
17 | | of the Chief and, if removed from the position,
shall revert to |
18 | | the rank currently held, without regard as to whether a
vacancy |
19 | | exists in
that rank. A deputy chief
of police, having been |
20 | | appointed from any rank of sworn full-time officers of
that |
21 | | municipality's
police department, shall be permitted, |
22 | | regardless of rank, to take promotional
exams and be
promoted |
23 | | to a higher classified rank than he currently holds, without |
24 | | having to
resign as deputy
chief of police.
|
25 | | No municipality having a population less than 1,000,000 |
26 | | shall require
that any firefighter appointed to the lowest
rank |
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1 | | serve a probationary employment period of longer than one year. |
2 | | The
limitation on periods of probationary employment provided |
3 | | in this
amendatory Act of 1989 is an exclusive power and |
4 | | function of the State.
Pursuant to subsection (h) of Section 6 |
5 | | of Article VII of the Illinois
Constitution, a home rule |
6 | | municipality having a population less than 1,000,000
must |
7 | | comply with this limitation on periods of probationary |
8 | | employment, which
is a denial and limitation of home rule |
9 | | powers. Notwithstanding anything to
the contrary in this |
10 | | Section, the probationary employment period limitation
may be |
11 | | extended for a firefighter who is required, as a condition of |
12 | | employment, to be a licensed certified paramedic, during which |
13 | | time the sole reason that a firefighter may be discharged |
14 | | without a hearing is for failing to meet the requirements for |
15 | | paramedic licensure certification .
|
16 | | To the extent that this Section or any other Section in |
17 | | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, |
18 | | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. |
19 | | (Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12.)
|
20 | | (65 ILCS 5/10-2.1-6.3) |
21 | | Sec. 10-2.1-6.3. Original appointments; full-time fire |
22 | | department. |
23 | | (a) Applicability. Unless a commission elects to follow the |
24 | | provisions of Section 10-2.1-6.4, this Section shall apply to |
25 | | all original appointments to an affected full-time fire |
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1 | | department. Existing registers of eligibles shall continue to |
2 | | be valid until their expiration dates, or up to a maximum of 2 |
3 | | years after the effective date of this amendatory Act of the |
4 | | 97th General Assembly. |
5 | | Notwithstanding any statute, ordinance, rule, or other law |
6 | | to the contrary, all original appointments to an affected |
7 | | department to which this Section applies shall be administered |
8 | | in the manner provided for in this Section. Provisions of the |
9 | | Illinois Municipal Code, municipal ordinances, and rules |
10 | | adopted pursuant to such authority and other laws relating to |
11 | | initial hiring of firefighters in affected departments shall |
12 | | continue to apply to the extent they are compatible with this |
13 | | Section, but in the event of a conflict between this Section |
14 | | and any other law, this Section shall control. |
15 | | A home rule or non-home rule municipality may not |
16 | | administer its fire department process for original |
17 | | appointments in a manner that is less stringent than this |
18 | | Section. This Section is a limitation under subsection (i) of |
19 | | Section 6 of Article VII of the Illinois Constitution on the |
20 | | concurrent exercise by home rule units of the powers and |
21 | | functions exercised by the State. |
22 | | A municipality that is operating under a court order or |
23 | | consent decree regarding original appointments to a full-time |
24 | | fire department before the effective date of this amendatory |
25 | | Act of the 97th General Assembly is exempt from the |
26 | | requirements of this Section for the duration of the court |
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1 | | order or consent decree. |
2 | | Notwithstanding any other provision of this subsection |
3 | | (a), this Section does not apply to a municipality with more |
4 | | than 1,000,000 inhabitants. |
5 | | (b) Original appointments. All original appointments made |
6 | | to an affected fire department shall be made from a register of |
7 | | eligibles established in accordance with the processes |
8 | | established by this Section. Only persons who meet or exceed |
9 | | the performance standards required by this Section shall be |
10 | | placed on a register of eligibles for original appointment to |
11 | | an affected fire department. |
12 | | Whenever an appointing authority authorizes action to hire |
13 | | a person to perform the duties of a firefighter or to hire a |
14 | | firefighter-paramedic to fill a position that is a new position |
15 | | or vacancy due to resignation, discharge, promotion, death, the |
16 | | granting of a disability or retirement pension, or any other |
17 | | cause, the appointing authority shall appoint to that position |
18 | | the person with the highest ranking on the final eligibility |
19 | | list. If the appointing authority has reason to conclude that |
20 | | the highest ranked person fails to meet the minimum standards |
21 | | for the position or if the appointing authority believes an |
22 | | alternate candidate would better serve the needs of the |
23 | | department, then the appointing authority has the right to pass |
24 | | over the highest ranked person and appoint either: (i) any |
25 | | person who has a ranking in the top 5% of the register of |
26 | | eligibles or (ii) any person who is among the top 5 highest |
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1 | | ranked persons on the list of eligibles if the number of people |
2 | | who have a ranking in the top 5% of the register of eligibles |
3 | | is less than 5 people. |
4 | | Any candidate may pass on an appointment once without |
5 | | losing his or her position on the register of eligibles. Any |
6 | | candidate who passes a second time may be removed from the list |
7 | | by the appointing authority provided that such action shall not |
8 | | prejudice a person's opportunities to participate in future |
9 | | examinations, including an examination held during the time a |
10 | | candidate is already on the municipality's register of |
11 | | eligibles. |
12 | | The sole authority to issue certificates of appointment |
13 | | shall be vested in the board of fire and police commissioners. |
14 | | All certificates of appointment issued to any officer or member |
15 | | of an affected department shall be signed by the chairperson |
16 | | and secretary, respectively, of the board upon appointment of |
17 | | such officer or member to the affected department by action of |
18 | | the board. Each person who accepts a certificate of appointment |
19 | | and successfully completes his or her probationary period shall |
20 | | be enrolled as a firefighter and as a regular member of the |
21 | | fire department. |
22 | | For the purposes of this Section, "firefighter" means any |
23 | | person who has been prior to, on, or after the effective date |
24 | | of this amendatory Act of the 97th General Assembly appointed |
25 | | to a fire department or fire protection district or employed by |
26 | | a State university and sworn or commissioned to perform |
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1 | | firefighter duties or paramedic duties, or both, except that |
2 | | the following persons are not included: part-time |
3 | | firefighters; auxiliary, reserve, or voluntary firefighters, |
4 | | including paid-on-call firefighters; clerks and dispatchers or |
5 | | other civilian employees of a fire department or fire |
6 | | protection district who are not routinely expected to perform |
7 | | firefighter duties; and elected officials. |
8 | | (c) Qualification for placement on register of eligibles. |
9 | | The purpose of establishing a register of eligibles is to |
10 | | identify applicants who possess and demonstrate the mental |
11 | | aptitude and physical ability to perform the duties required of |
12 | | members of the fire department in order to provide the highest |
13 | | quality of service to the public. To this end, all applicants |
14 | | for original appointment to an affected fire department shall |
15 | | be subject to examination and testing which shall be public, |
16 | | competitive, and open to all applicants unless the municipality |
17 | | shall by ordinance limit applicants to residents of the |
18 | | municipality, county or counties in which the municipality is |
19 | | located, State, or nation. Municipalities may establish |
20 | | educational, emergency medical service licensure, and other |
21 | | pre-requisites for participation in an examination or for hire |
22 | | as a firefighter. Any municipality may charge a fee to cover |
23 | | the costs of the application process. |
24 | | Residency requirements in effect at the time an individual |
25 | | enters the fire service of a municipality cannot be made more |
26 | | restrictive for that individual during his or her period of |
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1 | | service for that municipality, or be made a condition of |
2 | | promotion, except for the rank or position of fire chief and |
3 | | for no more than 2 positions that rank immediately below that |
4 | | of the chief rank which are appointed positions pursuant to the |
5 | | Fire Department Promotion Act. |
6 | | No person who is 35 years of age or older shall be eligible |
7 | | to take an examination for a position as a firefighter unless |
8 | | the person has had previous employment status as a firefighter |
9 | | in the regularly constituted fire department of the |
10 | | municipality, except as provided in this Section. The age |
11 | | limitation does not apply to: |
12 | | (1) any person previously employed as a full-time |
13 | | firefighter in a regularly constituted fire department of |
14 | | (i) any municipality or fire protection district located in |
15 | | Illinois, (ii) a fire protection district whose |
16 | | obligations were assumed by a municipality under Section 21 |
17 | | of the Fire Protection District Act, or (iii) a |
18 | | municipality whose obligations were taken over by a fire |
19 | | protection district, or |
20 | | (2) any person who has served a municipality as a |
21 | | regularly enrolled volunteer, paid-on-call, or part-time |
22 | | firefighter for the 5 years immediately preceding the time |
23 | | that the municipality begins to use full-time firefighters |
24 | | to provide all or part of its fire protection service. |
25 | | No person who is under 21 years of age shall be eligible |
26 | | for employment as a firefighter. |
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1 | | No applicant shall be examined concerning his or her |
2 | | political or religious opinions or affiliations. The |
3 | | examinations shall be conducted by the commissioners of the |
4 | | municipality or their designees and agents. |
5 | | No municipality shall require that any firefighter |
6 | | appointed to the lowest rank serve a probationary employment |
7 | | period of longer than one year of actual active employment, |
8 | | which may exclude periods of training, or injury or illness |
9 | | leaves, including duty related leave, in excess of 30 calendar |
10 | | days. Notwithstanding anything to the contrary in this Section, |
11 | | the probationary employment period limitation may be extended |
12 | | for a firefighter who is required, as a condition of |
13 | | employment, to be a licensed certified paramedic, during which |
14 | | time the sole reason that a firefighter may be discharged |
15 | | without a hearing is for failing to meet the requirements for |
16 | | paramedic licensure certification . |
17 | | In the event that any applicant who has been found eligible |
18 | | for appointment and whose name has been placed upon the final |
19 | | eligibility register provided for in this Section has not been |
20 | | appointed to a firefighter position within one year after the |
21 | | date of his or her physical ability examination, the commission |
22 | | may cause a second examination to be made of that applicant's |
23 | | physical ability prior to his or her appointment. If, after the |
24 | | second examination, the physical ability of the applicant shall |
25 | | be found to be less than the minimum standard fixed by the |
26 | | rules of the commission, the applicant shall not be appointed. |
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1 | | The applicant's name may be retained upon the register of |
2 | | candidates eligible for appointment and when next reached for |
3 | | certification and appointment that applicant may be again |
4 | | examined as provided in this Section, and if the physical |
5 | | ability of that applicant is found to be less than the minimum |
6 | | standard fixed by the rules of the commission, the applicant |
7 | | shall not be appointed, and the name of the applicant shall be |
8 | | removed from the register. |
9 | | (d) Notice, examination, and testing components. Notice of |
10 | | the time, place, general scope, merit criteria for any |
11 | | subjective component, and fee of every examination shall be |
12 | | given by the commission, by a publication at least 2 weeks |
13 | | preceding the examination: (i) in one or more newspapers |
14 | | published in the municipality, or if no newspaper is published |
15 | | therein, then in one or more newspapers with a general |
16 | | circulation within the municipality, or (ii) on the |
17 | | municipality's Internet website. Additional notice of the |
18 | | examination may be given as the commission shall prescribe. |
19 | | The examination and qualifying standards for employment of |
20 | | firefighters shall be based on: mental aptitude, physical |
21 | | ability, preferences, moral character, and health. The mental |
22 | | aptitude, physical ability, and preference components shall |
23 | | determine an applicant's qualification for and placement on the |
24 | | final register of eligibles. The examination may also include a |
25 | | subjective component based on merit criteria as determined by |
26 | | the commission. Scores from the examination must be made |
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1 | | available to the public. |
2 | | (e) Mental aptitude. No person who does not possess at |
3 | | least a high school diploma or an equivalent high school |
4 | | education shall be placed on a register of eligibles. |
5 | | Examination of an applicant's mental aptitude shall be based |
6 | | upon a written examination. The examination shall be practical |
7 | | in character and relate to those matters that fairly test the |
8 | | capacity of the persons examined to discharge the duties |
9 | | performed by members of a fire department. Written examinations |
10 | | shall be administered in a manner that ensures the security and |
11 | | accuracy of the scores achieved. |
12 | | (f) Physical ability. All candidates shall be required to |
13 | | undergo an examination of their physical ability to perform the |
14 | | essential functions included in the duties they may be called |
15 | | upon to perform as a member of a fire department. For the |
16 | | purposes of this Section, essential functions of the job are |
17 | | functions associated with duties that a firefighter may be |
18 | | called upon to perform in response to emergency calls. The |
19 | | frequency of the occurrence of those duties as part of the fire |
20 | | department's regular routine shall not be a controlling factor |
21 | | in the design of examination criteria or evolutions selected |
22 | | for testing. These physical examinations shall be open, |
23 | | competitive, and based on industry standards designed to test |
24 | | each applicant's physical abilities in the following |
25 | | dimensions: |
26 | | (1) Muscular strength to perform tasks and evolutions |
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1 | | that may be required in the performance of duties including |
2 | | grip strength, leg strength, and arm strength. Tests shall |
3 | | be conducted under anaerobic as well as aerobic conditions |
4 | | to test both the candidate's speed and endurance in |
5 | | performing tasks and evolutions. Tasks tested may be based |
6 | | on standards developed, or approved, by the local |
7 | | appointing authority. |
8 | | (2) The ability to climb ladders, operate from heights, |
9 | | walk or crawl in the dark along narrow and uneven surfaces, |
10 | | and operate in proximity to hazardous environments. |
11 | | (3) The ability to carry out critical, time-sensitive, |
12 | | and complex problem solving during physical exertion in |
13 | | stressful and hazardous environments. The testing |
14 | | environment may be hot and dark with tightly enclosed |
15 | | spaces, flashing lights, sirens, and other distractions. |
16 | | The tests utilized to measure each applicant's
|
17 | | capabilities in each of these dimensions may be tests based on
|
18 | | industry standards currently in use or equivalent tests |
19 | | approved by the Joint Labor-Management Committee of the Office |
20 | | of the State Fire Marshal. |
21 | | Physical ability examinations administered under this |
22 | | Section shall be conducted with a reasonable number of proctors |
23 | | and monitors, open to the public, and subject to reasonable |
24 | | regulations of the commission. |
25 | | (g) Scoring of examination components. Appointing |
26 | | authorities may create a preliminary eligibility register. A |
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1 | | person shall be placed on the list based upon his or her |
2 | | passage of the written examination or the passage of the |
3 | | written examination and the physical ability component. |
4 | | Passage of the written examination means a score that is at or |
5 | | above the median score for all applicants participating in the |
6 | | written test. The appointing authority may conduct the physical |
7 | | ability component and any subjective components subsequent to |
8 | | the posting of the preliminary eligibility register. |
9 | | The examination components for an initial eligibility |
10 | | register shall be graded on a 100-point scale. A person's |
11 | | position on the list shall be determined by the following: (i)
|
12 | | the person's score on the written examination, (ii) the person
|
13 | | successfully passing the physical ability component, and (iii) |
14 | | the
person's results on any subjective component as described |
15 | | in
subsection (d). |
16 | | In order to qualify for placement on the final eligibility |
17 | | register, an applicant's score on the written examination, |
18 | | before any applicable preference points or subjective points |
19 | | are applied, shall be at or above the median score. The local |
20 | | appointing authority may prescribe the score to qualify for |
21 | | placement on the final eligibility register, but the score |
22 | | shall not be less than the median score. |
23 | | The commission shall prepare and keep a register of persons |
24 | | whose total score is not less than the minimum fixed by this |
25 | | Section and who have passed the physical ability examination. |
26 | | These persons shall take rank upon the register as candidates |
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1 | | in the order of their relative excellence based on the highest |
2 | | to the lowest total points scored on the mental aptitude, |
3 | | subjective component, and preference components of the test |
4 | | administered in accordance with this Section. No more than 60 |
5 | | days after each examination, an initial eligibility list shall |
6 | | be posted by the commission. The list shall include the final |
7 | | grades of the candidates without reference to priority of the |
8 | | time of examination and subject to claim for preference credit. |
9 | | Commissions may conduct additional examinations, including |
10 | | without limitation a polygraph test, after a final eligibility |
11 | | register is established and before it expires with the |
12 | | candidates ranked by total score without regard to date of |
13 | | examination. No more than 60 days after each examination, an |
14 | | initial eligibility list shall be posted by the commission |
15 | | showing the final grades of the candidates without reference to |
16 | | priority of time of examination and subject to claim for |
17 | | preference credit. |
18 | | (h) Preferences. The following are preferences: |
19 | | (1) Veteran preference. Persons who were engaged in the |
20 | | military service of the United States for a period of at |
21 | | least one year of active duty and who were honorably |
22 | | discharged therefrom, or who are now or have been members |
23 | | on inactive or reserve duty in such military or naval |
24 | | service, shall be preferred for appointment to and |
25 | | employment with the fire department of an affected |
26 | | department. |
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1 | | (2) Fire cadet preference. Persons who have |
2 | | successfully completed 2 years of study in fire techniques |
3 | | or cadet training within a cadet program established under |
4 | | the rules of the Joint Labor and Management Committee |
5 | | (JLMC), as defined in Section 50 of the Fire Department |
6 | | Promotion Act, may be preferred for appointment to and |
7 | | employment with the fire department. |
8 | | (3) Educational preference. Persons who have |
9 | | successfully obtained an associate's degree in the field of |
10 | | fire service or emergency medical services, or a bachelor's |
11 | | degree from an accredited college or university may be |
12 | | preferred for appointment to and employment with the fire |
13 | | department. |
14 | | (4) Paramedic preference. Persons who have obtained a |
15 | | license certification as a paramedic an Emergency Medical |
16 | | Technician-Paramedic (EMT-P) shall be preferred for |
17 | | appointment to and employment with the fire department of |
18 | | an affected department providing emergency medical |
19 | | services. |
20 | | (5) Experience preference. All persons employed by a |
21 | | municipality who have been paid-on-call or part-time |
22 | | certified Firefighter II, State of Illinois or nationally |
23 | | licensed EMT, EMT-B or EMT-I, A-EMT, or any combination of |
24 | | those capacities shall be awarded 0.5 point for each year |
25 | | of successful service in one or more of those capacities, |
26 | | up to a maximum of 5 points. Certified Firefighter III and |
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1 | | State of Illinois or nationally licensed paramedics shall |
2 | | be awarded one point per year up to a maximum of 5 points. |
3 | | Applicants from outside the municipality who were employed |
4 | | as full-time firefighters or firefighter-paramedics by a |
5 | | fire protection district or another municipality for at |
6 | | least 2 years shall be awarded 5 experience preference |
7 | | points. These additional points presuppose a rating scale |
8 | | totaling 100 points available for the eligibility list. If |
9 | | more or fewer points are used in the rating scale for the |
10 | | eligibility list, the points awarded under this subsection |
11 | | shall be increased or decreased by a factor equal to the |
12 | | total possible points available for the examination |
13 | | divided by 100. |
14 | | Upon request by the commission, the governing body of |
15 | | the municipality or in the case of applicants from outside |
16 | | the municipality the governing body of any fire protection |
17 | | district or any other municipality shall certify to the |
18 | | commission, within 10 days after the request, the number of |
19 | | years of successful paid-on-call, part-time, or full-time |
20 | | service of any person. A candidate may not receive the full |
21 | | amount of preference points under this subsection if the |
22 | | amount of points awarded would place the candidate before a |
23 | | veteran on the eligibility list. If more than one candidate |
24 | | receiving experience preference points is prevented from |
25 | | receiving all of their points due to not being allowed to |
26 | | pass a veteran, the candidates shall be placed on the list |
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1 | | below the veteran in rank order based on the totals |
2 | | received if all points under this subsection were to be |
3 | | awarded. Any remaining ties on the list shall be determined |
4 | | by lot. |
5 | | (6) Residency preference. Applicants whose principal |
6 | | residence is located within the fire department's |
7 | | jurisdiction shall be preferred for appointment to and |
8 | | employment with the fire department. |
9 | | (7) Additional preferences. Up to 5 additional |
10 | | preference points may be awarded for unique categories |
11 | | based on an applicant's experience or background as |
12 | | identified by the commission. |
13 | | (8) Scoring of preferences. The commission shall give |
14 | | preference for original appointment
to persons designated |
15 | | in item (1)
by adding to the final grade that they receive |
16 | | 5 points
for the recognized preference achieved. The |
17 | | commission shall determine the number of preference points |
18 | | for each category except (1). The number of preference |
19 | | points for each category shall range from 0 to 5. In |
20 | | determining the number of preference points, the |
21 | | commission shall prescribe that if a candidate earns the |
22 | | maximum number of preference points in all categories, that |
23 | | number may not be less than 10 nor more than 30. The |
24 | | commission shall give preference for original appointment |
25 | | to persons designated in items (2) through (7) by adding |
26 | | the requisite number of points to the final grade for each |
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1 | | recognized preference achieved. The numerical result thus |
2 | | attained shall be applied by the commission in determining |
3 | | the final eligibility list and appointment from the |
4 | | eligibility list. The local appointing authority may |
5 | | prescribe the total number of preference points awarded |
6 | | under this Section, but the total number of preference |
7 | | points shall not be less than 10 points or more than 30 |
8 | | points. |
9 | | No person entitled to any preference shall be required to |
10 | | claim the credit before any examination held under the |
11 | | provisions of this Section, but the preference shall be given |
12 | | after the posting or publication of the initial eligibility |
13 | | list or register at the request of a person entitled to a |
14 | | credit before any certification or appointments are made from |
15 | | the eligibility register, upon the furnishing of verifiable |
16 | | evidence and proof of qualifying preference credit. Candidates |
17 | | who are eligible for preference credit shall make a claim in |
18 | | writing within 10 days after the posting of the initial |
19 | | eligibility list, or the claim shall be deemed waived. Final |
20 | | eligibility registers shall be established after the awarding |
21 | | of verified preference points. All employment shall be subject |
22 | | to the commission's initial hire background review including, |
23 | | but not limited to, criminal history, employment history, moral |
24 | | character, oral examination, and medical and psychological |
25 | | examinations, all on a pass-fail basis. The medical and |
26 | | psychological examinations must be conducted last, and may only |
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1 | | be performed after a conditional offer of employment has been |
2 | | extended. |
3 | | Any person placed on an eligibility list who exceeds the |
4 | | age requirement before being appointed to a fire department |
5 | | shall remain eligible for appointment until the list is |
6 | | abolished, or his or her name has been on the list for a period |
7 | | of 2 years. No person who has attained the age of 35 years |
8 | | shall be inducted into a fire department, except as otherwise |
9 | | provided in this Section. |
10 | | The commission shall strike off the names of candidates for |
11 | | original appointment after the names have been on the list for |
12 | | more than 2 years. |
13 | | (i) Moral character. No person shall be appointed to a fire |
14 | | department unless he or she is a person of good character; not |
15 | | a habitual drunkard, a gambler, or a person who has been |
16 | | convicted of a felony or a crime involving moral turpitude. |
17 | | However, no person shall be disqualified from appointment to |
18 | | the fire department because of the person's record of |
19 | | misdemeanor convictions except those under Sections 11-6, |
20 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
21 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
22 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
23 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
24 | | Criminal Code of 2012, or arrest for any cause without |
25 | | conviction thereon. Any such person who is in the department |
26 | | may be removed on charges brought for violating this subsection |
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1 | | and after a trial as hereinafter provided. |
2 | | A classifiable set of the fingerprints of every person who |
3 | | is offered employment as a certificated member of an affected |
4 | | fire department whether with or without compensation, shall be |
5 | | furnished to the Illinois Department of State Police and to the |
6 | | Federal Bureau of Investigation by the commission. |
7 | | Whenever a commission is authorized or required by law to |
8 | | consider some aspect of criminal history record information for |
9 | | the purpose of carrying out its statutory powers and |
10 | | responsibilities, then, upon request and payment of fees in |
11 | | conformance with the requirements of Section 2605-400 of the |
12 | | State Police Law of the Civil Administrative Code of Illinois, |
13 | | the Department of State Police is authorized to furnish, |
14 | | pursuant to positive identification, the information contained |
15 | | in State files as is necessary to fulfill the request. |
16 | | (j) Temporary appointments. In order to prevent a stoppage |
17 | | of public business, to meet extraordinary exigencies, or to |
18 | | prevent material impairment of the fire department, the |
19 | | commission may make temporary appointments, to remain in force |
20 | | only until regular appointments are made under the provisions |
21 | | of this Division, but never to exceed 60 days. No temporary |
22 | | appointment of any one person shall be made more than twice in |
23 | | any calendar year. |
24 | | (k) A person who knowingly divulges or receives test |
25 | | questions or answers before a written examination, or otherwise |
26 | | knowingly violates or subverts any requirement of this Section, |
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1 | | commits a violation of this Section and may be subject to |
2 | | charges for official misconduct. |
3 | | A person who is the knowing recipient of test information |
4 | | in advance of the examination shall be disqualified from the |
5 | | examination or discharged from the position to which he or she |
6 | | was appointed, as applicable, and otherwise subjected to |
7 | | disciplinary actions.
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8 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
9 | | 97-1150, eff. 1-25-13.)
|
10 | | (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
|
11 | | Sec. 10-2.1-14. Register of eligibles. The board of fire |
12 | | and police
commissioners shall prepare and keep a register of |
13 | | persons whose general
average standing, upon examination, is |
14 | | not less than the minimum fixed by the
rules of the board, and |
15 | | who are otherwise eligible. These persons shall take
rank upon |
16 | | the register as candidates in the order of their relative |
17 | | excellence
as determined by examination, without reference to |
18 | | priority of time of
examination.
The board of fire and police |
19 | | commissioners may prepare and keep a second register of persons |
20 | | who have previously been full-time sworn officers of a regular |
21 | | police department in any municipal, county, university, or |
22 | | State law enforcement agency, provided they are certified by |
23 | | the Illinois Law Enforcement Training Standards Board and have |
24 | | been with their respective law enforcement agency within the |
25 | | State for at least 2 years. The persons on this list shall take |
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1 | | rank upon the register as candidates in the order of their |
2 | | relative excellence as determined by members of the board of |
3 | | fire and police commissioners. Applicants who have been awarded |
4 | | a certificate attesting to their successful
completion of the |
5 | | Minimum Standards Basic Law Enforcement Training Course, as
|
6 | | provided in the Illinois Police Training Act, may be given |
7 | | preference in
appointment over noncertified applicants. |
8 | | Applicants for appointment to fire departments who are licensed |
9 | | as an EMT EMT-B , EMT-I, A-EMT, or paramedic EMT-P under the |
10 | | Emergency Medical Services (EMS) Systems Act, may be given |
11 | | preference in appointment over non-licensed applicants.
|
12 | | Within 60 days after each examination, an eligibility list
|
13 | | shall be posted by the board, which shall show the final grades |
14 | | of
the candidates without reference to priority of time of |
15 | | examination
and subject to claim for military credit. |
16 | | Candidates who are
eligible for military credit shall make a |
17 | | claim in writing within 10 days after
the posting of the |
18 | | eligibility list or such claim shall be deemed waived.
|
19 | | Appointment shall be subject to a final physical examination.
|
20 | | If a person is placed on an eligibility list and becomes |
21 | | overage before he
or she is appointed to a police or fire |
22 | | department, the person remains eligible
for appointment until |
23 | | the list is abolished pursuant to authorized procedures.
|
24 | | Otherwise no person who has attained the age of 36 years shall |
25 | | be inducted as a
member of a police department and no person |
26 | | who has attained the age of 35
years shall be inducted as a |
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1 | | member of a fire department, except as otherwise
provided in |
2 | | this division. With respect to a police department, a veteran |
3 | | shall be allowed to exceed the maximum age provision of this |
4 | | Section by the number of years served on active military duty, |
5 | | but by no more than 10 years of active military duty.
|
6 | | (Source: P.A. 95-931, eff. 1-1-09; 96-472, eff. 8-14-09.)
|
7 | | (65 ILCS 5/10-2.1-31) |
8 | | Sec. 10-2.1-31. Emergency medical technician licensure. |
9 | | The corporate authorities of any municipality may require that |
10 | | all firefighters hired by the municipality on or after January |
11 | | 1, 2009 ( the effective date of Public Act 95-935) this |
12 | | amendatory Act of the 95th General Assembly be licensed as an |
13 | | EMT EMT-B , EMT-I, A-EMT, or paramedic EMT-P under the Emergency |
14 | | Medical Services (EMS) Systems Act.
|
15 | | (Source: P.A. 95-935, eff. 1-1-09.) |
16 | | Section 20. The Fire Protection District Act is amended by |
17 | | changing Sections 16.06b, 16.08b, and 16.13b as follows: |
18 | | (70 ILCS 705/16.06b) |
19 | | Sec. 16.06b. Original appointments; full-time fire |
20 | | department. |
21 | | (a) Applicability. Unless a commission elects to follow the |
22 | | provisions of Section 16.06c, this Section shall apply to all |
23 | | original appointments to an affected full-time fire |
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1 | | department. Existing registers of eligibles shall continue to |
2 | | be valid until their expiration dates, or up to a maximum of 2 |
3 | | years after the effective date of this amendatory Act of the |
4 | | 97th General Assembly. |
5 | | Notwithstanding any statute, ordinance, rule, or other law |
6 | | to the contrary, all original appointments to an affected |
7 | | department to which this Section applies shall be administered |
8 | | in a no less stringent manner than the manner provided for in |
9 | | this Section. Provisions of the Illinois Municipal Code, Fire |
10 | | Protection District Act, fire district ordinances, and rules |
11 | | adopted pursuant to such authority and other laws relating to |
12 | | initial hiring of firefighters in affected departments shall |
13 | | continue to apply to the extent they are compatible with this |
14 | | Section, but in the event of a conflict between this Section |
15 | | and any other law, this Section shall control. |
16 | | A fire protection district that is operating under a court |
17 | | order or consent decree regarding original appointments to a |
18 | | full-time fire department before the effective date of this |
19 | | amendatory Act of the 97th General Assembly is exempt from the |
20 | | requirements of this Section for the duration of the court |
21 | | order or consent decree. |
22 | | (b) Original appointments. All original appointments made |
23 | | to an affected fire department shall be made from a register of |
24 | | eligibles established in accordance with the processes |
25 | | required by this Section. Only persons who meet or exceed the |
26 | | performance standards required by the Section shall be placed |
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1 | | on a register of eligibles for original appointment to an |
2 | | affected fire department. |
3 | | Whenever an appointing authority authorizes action to hire |
4 | | a person to perform the duties of a firefighter or to hire a |
5 | | firefighter-paramedic to fill a position that is a new position |
6 | | or vacancy due to resignation, discharge, promotion, death, the |
7 | | granting of a disability or retirement pension, or any other |
8 | | cause, the appointing authority shall appoint to that position |
9 | | the person with the highest ranking on the final eligibility |
10 | | list. If the appointing authority has reason to conclude that |
11 | | the highest ranked person fails to meet the minimum standards |
12 | | for the position or if the appointing authority believes an |
13 | | alternate candidate would better serve the needs of the |
14 | | department, then the appointing authority has the right to pass |
15 | | over the highest ranked person and appoint either: (i) any |
16 | | person who has a ranking in the top 5% of the register of |
17 | | eligibles or (ii) any person who is among the top 5 highest |
18 | | ranked persons on the list of eligibles if the number of people |
19 | | who have a ranking in the top 5% of the register of eligibles |
20 | | is less than 5 people. |
21 | | Any candidate may pass on an appointment once without |
22 | | losing his or her position on the register of eligibles. Any |
23 | | candidate who passes a second time may be removed from the list |
24 | | by the appointing authority provided that such action shall not |
25 | | prejudice a person's opportunities to participate in future |
26 | | examinations, including an examination held during the time a |
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1 | | candidate is already on the fire district's register of |
2 | | eligibles. |
3 | | The sole authority to issue certificates of appointment |
4 | | shall be vested in the board of fire commissioners, or board of |
5 | | trustees serving in the capacity of a board of fire |
6 | | commissioners. All certificates of appointment issued to any |
7 | | officer or member of an affected department shall be signed by |
8 | | the chairperson and secretary, respectively, of the commission |
9 | | upon appointment of such officer or member to the affected |
10 | | department by action of the commission. Each person who accepts |
11 | | a certificate of appointment and successfully completes his or |
12 | | her probationary period shall be enrolled as a firefighter and |
13 | | as a regular member of the fire department. |
14 | | For the purposes of this Section, "firefighter" means any |
15 | | person who has been prior to, on, or after the effective date |
16 | | of this amendatory Act of the 97th General Assembly appointed |
17 | | to a fire department or fire protection district or employed by |
18 | | a State university and sworn or commissioned to perform |
19 | | firefighter duties or paramedic duties, or both, except that |
20 | | the following persons are not included: part-time |
21 | | firefighters; auxiliary, reserve, or voluntary firefighters, |
22 | | including paid-on-call firefighters; clerks and dispatchers or |
23 | | other civilian employees of a fire department or fire |
24 | | protection district who are not routinely expected to perform |
25 | | firefighter duties; and elected officials. |
26 | | (c) Qualification for placement on register of eligibles. |
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1 | | The purpose of establishing a register of eligibles is to |
2 | | identify applicants who possess and demonstrate the mental |
3 | | aptitude and physical ability to perform the duties required of |
4 | | members of the fire department in order to provide the highest |
5 | | quality of service to the public. To this end, all applicants |
6 | | for original appointment to an affected fire department shall |
7 | | be subject to examination and testing which shall be public, |
8 | | competitive, and open to all applicants unless the district |
9 | | shall by ordinance limit applicants to residents of the |
10 | | district, county or counties in which the district is located, |
11 | | State, or nation. Districts may establish educational, |
12 | | emergency medical service licensure, and other pre-requisites |
13 | | for participation in an examination or for hire as a |
14 | | firefighter. Any fire protection district may charge a fee to |
15 | | cover the costs of the application process. |
16 | | Residency requirements in effect at the time an individual |
17 | | enters the fire service of a district cannot be made more |
18 | | restrictive for that individual during his or her period of |
19 | | service for that district, or be made a condition of promotion, |
20 | | except for the rank or position of fire chief and for no more |
21 | | than 2 positions that rank immediately below that of the chief |
22 | | rank which are appointed positions pursuant to the Fire |
23 | | Department Promotion Act. |
24 | | No person who is 35 years of age or older shall be eligible |
25 | | to take an examination for a position as a firefighter unless |
26 | | the person has had previous employment status as a firefighter |
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1 | | in the regularly constituted fire department of the district, |
2 | | except as provided in this Section. The age limitation does not |
3 | | apply to: |
4 | | (1) any person previously employed as a full-time |
5 | | firefighter in a regularly constituted fire department of |
6 | | (i) any municipality or fire protection district located in |
7 | | Illinois, (ii) a fire protection district whose |
8 | | obligations were assumed by a municipality under Section 21 |
9 | | of the Fire Protection District Act, or (iii) a |
10 | | municipality whose obligations were taken over by a fire |
11 | | protection district, or |
12 | | (2) any person who has served a fire district as a |
13 | | regularly enrolled volunteer, paid-on-call, or part-time |
14 | | firefighter for the 5 years immediately preceding the time |
15 | | that the district begins to use full-time firefighters to |
16 | | provide all or part of its fire protection service. |
17 | | No person who is under 21 years of age shall be eligible |
18 | | for employment as a firefighter. |
19 | | No applicant shall be examined concerning his or her |
20 | | political or religious opinions or affiliations. The |
21 | | examinations shall be conducted by the commissioners of the |
22 | | district or their designees and agents. |
23 | | No district shall require that any firefighter appointed to |
24 | | the lowest rank serve a probationary employment period of |
25 | | longer than one year of actual active employment, which may |
26 | | exclude periods of training, or injury or illness leaves, |
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1 | | including duty related leave, in excess of 30 calendar days. |
2 | | Notwithstanding anything to the contrary in this Section, the |
3 | | probationary employment period limitation may be extended for a |
4 | | firefighter who is required, as a condition of employment, to |
5 | | be a licensed certified paramedic, during which time the sole |
6 | | reason that a firefighter may be discharged without a hearing |
7 | | is for failing to meet the requirements for paramedic licensure |
8 | | certification . |
9 | | In the event that any applicant who has been found eligible |
10 | | for appointment and whose name has been placed upon the final |
11 | | eligibility register provided for in this Section has not been |
12 | | appointed to a firefighter position within one year after the |
13 | | date of his or her physical ability examination, the commission |
14 | | may cause a second examination to be made of that applicant's |
15 | | physical ability prior to his or her appointment. If, after the |
16 | | second examination, the physical ability of the applicant shall |
17 | | be found to be less than the minimum standard fixed by the |
18 | | rules of the commission, the applicant shall not be appointed. |
19 | | The applicant's name may be retained upon the register of |
20 | | candidates eligible for appointment and when next reached for |
21 | | certification and appointment that applicant may be again |
22 | | examined as provided in this Section, and if the physical |
23 | | ability of that applicant is found to be less than the minimum |
24 | | standard fixed by the rules of the commission, the applicant |
25 | | shall not be appointed, and the name of the applicant shall be |
26 | | removed from the register. |
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1 | | (d) Notice, examination, and testing components. Notice of |
2 | | the time, place, general scope, merit criteria for any |
3 | | subjective component, and fee of every examination shall be |
4 | | given by the commission, by a publication at least 2 weeks |
5 | | preceding the examination: (i) in one or more newspapers |
6 | | published in the district, or if no newspaper is published |
7 | | therein, then in one or more newspapers with a general |
8 | | circulation within the district, or (ii) on the fire protection |
9 | | district's Internet website. Additional notice of the |
10 | | examination may be given as the commission shall prescribe. |
11 | | The examination and qualifying standards for employment of |
12 | | firefighters shall be based on: mental aptitude, physical |
13 | | ability, preferences, moral character, and health. The mental |
14 | | aptitude, physical ability, and preference components shall |
15 | | determine an applicant's qualification for and placement on the |
16 | | final register of eligibles. The examination may also include a |
17 | | subjective component based on merit criteria as determined by |
18 | | the commission. Scores from the examination must be made |
19 | | available to the public. |
20 | | (e) Mental aptitude. No person who does not possess at |
21 | | least a high school diploma or an equivalent high school |
22 | | education shall be placed on a register of eligibles. |
23 | | Examination of an applicant's mental aptitude shall be based |
24 | | upon a written examination. The examination shall be practical |
25 | | in character and relate to those matters that fairly test the |
26 | | capacity of the persons examined to discharge the duties |
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1 | | performed by members of a fire department. Written examinations |
2 | | shall be administered in a manner that ensures the security and |
3 | | accuracy of the scores achieved. |
4 | | (f) Physical ability. All candidates shall be required to |
5 | | undergo an examination of their physical ability to perform the |
6 | | essential functions included in the duties they may be called |
7 | | upon to perform as a member of a fire department. For the |
8 | | purposes of this Section, essential functions of the job are |
9 | | functions associated with duties that a firefighter may be |
10 | | called upon to perform in response to emergency calls. The |
11 | | frequency of the occurrence of those duties as part of the fire |
12 | | department's regular routine shall not be a controlling factor |
13 | | in the design of examination criteria or evolutions selected |
14 | | for testing. These physical examinations shall be open, |
15 | | competitive, and based on industry standards designed to test |
16 | | each applicant's physical abilities in the following |
17 | | dimensions: |
18 | | (1) Muscular strength to perform tasks and evolutions |
19 | | that may be required in the performance of duties including |
20 | | grip strength, leg strength, and arm strength. Tests shall |
21 | | be conducted under anaerobic as well as aerobic conditions |
22 | | to test both the candidate's speed and endurance in |
23 | | performing tasks and evolutions. Tasks tested may be based |
24 | | on standards developed, or approved, by the local |
25 | | appointing authority. |
26 | | (2) The ability to climb ladders, operate from heights, |
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1 | | walk or crawl in the dark along narrow and uneven surfaces, |
2 | | and operate in proximity to hazardous environments. |
3 | | (3) The ability to carry out critical, time-sensitive, |
4 | | and complex problem solving during physical exertion in |
5 | | stressful and hazardous environments. The testing |
6 | | environment may be hot and dark with tightly enclosed |
7 | | spaces, flashing lights, sirens, and other distractions. |
8 | | The tests utilized to measure each applicant's
|
9 | | capabilities in each of these dimensions may be tests based on
|
10 | | industry standards currently in use or equivalent tests |
11 | | approved by the Joint Labor-Management Committee of the Office |
12 | | of the State Fire Marshal. |
13 | | Physical ability examinations administered under this |
14 | | Section shall be conducted with a reasonable number of proctors |
15 | | and monitors, open to the public, and subject to reasonable |
16 | | regulations of the commission. |
17 | | (g) Scoring of examination components. Appointing |
18 | | authorities may create a preliminary eligibility register. A |
19 | | person shall be placed on the list based upon his or her |
20 | | passage of the written examination or the passage of the |
21 | | written examination and the physical ability component. |
22 | | Passage of the written examination means a score that is at or |
23 | | above the median score for all applicants participating in the |
24 | | written test. The appointing authority may conduct the physical |
25 | | ability component and any subjective components subsequent to |
26 | | the posting of the preliminary eligibility register. |
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1 | | The examination components for an initial eligibility |
2 | | register shall be graded on a 100-point scale. A person's |
3 | | position on the list shall be determined by the following: (i)
|
4 | | the person's score on the written examination, (ii) the person
|
5 | | successfully passing the physical ability component, and (iii) |
6 | | the
person's results on any subjective component as described |
7 | | in
subsection (d). |
8 | | In order to qualify for placement on the final eligibility |
9 | | register, an applicant's score on the written examination, |
10 | | before any applicable preference points or subjective points |
11 | | are applied, shall be at or above the median score. The local |
12 | | appointing authority may prescribe the score to qualify for |
13 | | placement on the final eligibility register, but the score |
14 | | shall not be less than the median score. |
15 | | The commission shall prepare and keep a register of persons |
16 | | whose total score is not less than the minimum fixed by this |
17 | | Section and who have passed the physical ability examination. |
18 | | These persons shall take rank upon the register as candidates |
19 | | in the order of their relative excellence based on the highest |
20 | | to the lowest total points scored on the mental aptitude, |
21 | | subjective component, and preference components of the test |
22 | | administered in accordance with this Section. No more than 60 |
23 | | days after each examination, an initial eligibility list shall |
24 | | be posted by the commission. The list shall include the final |
25 | | grades of the candidates without reference to priority of the |
26 | | time of examination and subject to claim for preference credit. |
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1 | | Commissions may conduct additional examinations, including |
2 | | without limitation a polygraph test, after a final eligibility |
3 | | register is established and before it expires with the |
4 | | candidates ranked by total score without regard to date of |
5 | | examination. No more than 60 days after each examination, an |
6 | | initial eligibility list shall be posted by the commission |
7 | | showing the final grades of the candidates without reference to |
8 | | priority of time of examination and subject to claim for |
9 | | preference credit. |
10 | | (h) Preferences. The following are preferences: |
11 | | (1) Veteran preference. Persons who were engaged in the |
12 | | military service of the United States for a period of at |
13 | | least one year of active duty and who were honorably |
14 | | discharged therefrom, or who are now or have been members |
15 | | on inactive or reserve duty in such military or naval |
16 | | service, shall be preferred for appointment to and |
17 | | employment with the fire department of an affected |
18 | | department. |
19 | | (2) Fire cadet preference. Persons who have |
20 | | successfully completed 2 years of study in fire techniques |
21 | | or cadet training within a cadet program established under |
22 | | the rules of the Joint Labor and Management Committee |
23 | | (JLMC), as defined in Section 50 of the Fire Department |
24 | | Promotion Act, may be preferred for appointment to and |
25 | | employment with the fire department. |
26 | | (3) Educational preference. Persons who have |
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1 | | successfully obtained an associate's degree in the field of |
2 | | fire service or emergency medical services, or a bachelor's |
3 | | degree from an accredited college or university may be |
4 | | preferred for appointment to and employment with the fire |
5 | | department. |
6 | | (4) Paramedic preference. Persons who have obtained a |
7 | | license certification as a paramedic an Emergency Medical |
8 | | Technician-Paramedic (EMT-P) may be preferred for |
9 | | appointment to and employment with the fire department of |
10 | | an affected department providing emergency medical |
11 | | services. |
12 | | (5) Experience preference. All persons employed by a |
13 | | district who have been paid-on-call or part-time certified |
14 | | Firefighter II, certified Firefighter III, State of |
15 | | Illinois or nationally licensed EMT, EMT-B or EMT-I, A-EMT, |
16 | | or licensed paramedic, or any combination of those |
17 | | capacities may be awarded up to a maximum of 5 points. |
18 | | However, the applicant may not be awarded more than 0.5 |
19 | | points for each complete year of paid-on-call or part-time |
20 | | service. Applicants from outside the district who were |
21 | | employed as full-time firefighters or |
22 | | firefighter-paramedics by a fire protection district or |
23 | | municipality for at least 2 years may be awarded up to 5 |
24 | | experience preference points. However, the applicant may |
25 | | not be awarded more than one point for each complete year |
26 | | of full-time service. |
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1 | | Upon request by the commission, the governing body of |
2 | | the district or in the case of applicants from outside the |
3 | | district the governing body of any other fire protection |
4 | | district or any municipality shall certify to the |
5 | | commission, within 10 days after the request, the number of |
6 | | years of successful paid-on-call, part-time, or full-time |
7 | | service of any person. A candidate may not receive the full |
8 | | amount of preference points under this subsection if the |
9 | | amount of points awarded would place the candidate before a |
10 | | veteran on the eligibility list. If more than one candidate |
11 | | receiving experience preference points is prevented from |
12 | | receiving all of their points due to not being allowed to |
13 | | pass a veteran, the candidates shall be placed on the list |
14 | | below the veteran in rank order based on the totals |
15 | | received if all points under this subsection were to be |
16 | | awarded. Any remaining ties on the list shall be determined |
17 | | by lot. |
18 | | (6) Residency preference. Applicants whose principal |
19 | | residence is located within the fire department's |
20 | | jurisdiction may be preferred for appointment to and |
21 | | employment with the fire department. |
22 | | (7) Additional preferences. Up to 5 additional |
23 | | preference points may be awarded for unique categories |
24 | | based on an applicant's experience or background as |
25 | | identified by the commission. |
26 | | (8) Scoring of preferences. The
commission shall give |
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1 | | preference for original appointment
to persons designated |
2 | | in item (1)
by adding to the final grade that they receive |
3 | | 5 points
for the recognized preference achieved. The |
4 | | commission shall determine the number of preference points |
5 | | for each category except (1). The number of preference |
6 | | points for each category shall range from 0 to 5. In |
7 | | determining the number of preference points, the |
8 | | commission shall prescribe that if a candidate earns the |
9 | | maximum number of preference points in all categories, that |
10 | | number may not be less than 10 nor more than 30. The |
11 | | commission shall give preference for original appointment |
12 | | to persons designated in items (2) through (7) by adding |
13 | | the requisite number of points to the final grade for each |
14 | | recognized preference achieved. The numerical result thus |
15 | | attained shall be applied by the commission in determining |
16 | | the final eligibility list and appointment from the |
17 | | eligibility list. The local appointing authority may |
18 | | prescribe the total number of preference points awarded |
19 | | under this Section, but the total number of preference |
20 | | points shall not be less than 10 points or more than 30 |
21 | | points. |
22 | | No person entitled to any preference shall be required to |
23 | | claim the credit before any examination held under the |
24 | | provisions of this Section, but the preference shall be given |
25 | | after the posting or publication of the initial eligibility |
26 | | list or register at the request of a person entitled to a |
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1 | | credit before any certification or appointments are made from |
2 | | the eligibility register, upon the furnishing of verifiable |
3 | | evidence and proof of qualifying preference credit. Candidates |
4 | | who are eligible for preference credit shall make a claim in |
5 | | writing within 10 days after the posting of the initial |
6 | | eligibility list, or the claim shall be deemed waived. Final |
7 | | eligibility registers shall be established after the awarding |
8 | | of verified preference points. All employment shall be subject |
9 | | to the commission's initial hire background review including, |
10 | | but not limited to, criminal history, employment history, moral |
11 | | character, oral examination, and medical and psychological |
12 | | examinations, all on a pass-fail basis. The medical and |
13 | | psychological examinations must be conducted last, and may only |
14 | | be performed after a conditional offer of employment has been |
15 | | extended. |
16 | | Any person placed on an eligibility list who exceeds the |
17 | | age requirement before being appointed to a fire department |
18 | | shall remain eligible for appointment until the list is |
19 | | abolished, or his or her name has been on the list for a period |
20 | | of 2 years. No person who has attained the age of 35 years |
21 | | shall be inducted into a fire department, except as otherwise |
22 | | provided in this Section. |
23 | | The commission shall strike off the names of candidates for |
24 | | original appointment after the names have been on the list for |
25 | | more than 2 years. |
26 | | (i) Moral character. No person shall be appointed to a fire |
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1 | | department unless he or she is a person of good character; not |
2 | | a habitual drunkard, a gambler, or a person who has been |
3 | | convicted of a felony or a crime involving moral turpitude. |
4 | | However, no person shall be disqualified from appointment to |
5 | | the fire department because of the person's record of |
6 | | misdemeanor convictions except those under Sections 11-6, |
7 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
8 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
9 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
10 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
11 | | Criminal Code of 2012, or arrest for any cause without |
12 | | conviction thereon. Any such person who is in the department |
13 | | may be removed on charges brought for violating this subsection |
14 | | and after a trial as hereinafter provided. |
15 | | A classifiable set of the fingerprints of every person who |
16 | | is offered employment as a certificated member of an affected |
17 | | fire department whether with or without compensation, shall be |
18 | | furnished to the Illinois Department of State Police and to the |
19 | | Federal Bureau of Investigation by the commission. |
20 | | Whenever a commission is authorized or required by law to |
21 | | consider some aspect of criminal history record information for |
22 | | the purpose of carrying out its statutory powers and |
23 | | responsibilities, then, upon request and payment of fees in |
24 | | conformance with the requirements of Section 2605-400 of the |
25 | | State Police Law of the Civil Administrative Code of Illinois, |
26 | | the Department of State Police is authorized to furnish, |
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1 | | pursuant to positive identification, the information contained |
2 | | in State files as is necessary to fulfill the request. |
3 | | (j) Temporary appointments. In order to prevent a stoppage |
4 | | of public business, to meet extraordinary exigencies, or to |
5 | | prevent material impairment of the fire department, the |
6 | | commission may make temporary appointments, to remain in force |
7 | | only until regular appointments are made under the provisions |
8 | | of this Section, but never to exceed 60 days. No temporary |
9 | | appointment of any one person shall be made more than twice in |
10 | | any calendar year. |
11 | | (k) A person who knowingly divulges or receives test |
12 | | questions or answers before a written examination, or otherwise |
13 | | knowingly violates or subverts any requirement of this Section, |
14 | | commits a violation of this Section and may be subject to |
15 | | charges for official misconduct. |
16 | | A person who is the knowing recipient of test information |
17 | | in advance of the examination shall be disqualified from the |
18 | | examination or discharged from the position to which he or she |
19 | | was appointed, as applicable, and otherwise subjected to |
20 | | disciplinary actions.
|
21 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
22 | | 97-1150, eff. 1-25-13.) |
23 | | (70 ILCS 705/16.08b) |
24 | | Sec. 16.08b. Emergency medical technician licensure. The |
25 | | board of trustees of a fire protection district may require |
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1 | | that all firefighters hired on or after January 1, 2005 ( the |
2 | | effective date of Public Act 93-952) this amendatory Act of the |
3 | | 93rd General Assembly by any fire department within the |
4 | | district must be licensed as an EMT EMT-B , EMT-I, A-EMT, or |
5 | | paramedic EMT-P under the Emergency Medical Services (EMS) |
6 | | Systems Act.
|
7 | | (Source: P.A. 93-952, eff. 1-1-05.)
|
8 | | (70 ILCS 705/16.13b) (from Ch. 127 1/2, par. 37.13b)
|
9 | | Sec. 16.13b. Unless the employer and a labor organization |
10 | | have agreed
to a contract provision providing for final and |
11 | | binding arbitration of
disputes concerning the existence of |
12 | | just cause for disciplinary action,
no officer or member of the |
13 | | fire department of any protection district who
has held that |
14 | | position for one year shall be removed or discharged
except for |
15 | | just cause, upon written charges specifying the
complainant and |
16 | | the basis for the charges, and after a hearing on those
charges |
17 | | before the board of fire commissioners, affording the officer |
18 | | or
member an opportunity to be heard in his own defense. In |
19 | | such case the
appointing authority shall file with the board of |
20 | | trustees the reasons for
such removal or discharge, which |
21 | | removal or discharge shall not become
effective unless |
22 | | confirmed by a majority vote of the board of trustees.
If |
23 | | written charges are brought against an officer or member,
the |
24 | | board of fire commissioners shall conduct a fair and impartial |
25 | | hearing
of the charges, to be commenced within 30 days of the |
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1 | | filing thereof, which
hearing may be continued from time to |
2 | | time. The Chief of the department
shall bear the burden of |
3 | | proving the guilt of the officer or member by a
preponderance |
4 | | of the evidence. In case an officer or member is found
guilty, |
5 | | the board may discharge him, or may suspend him not exceeding |
6 | | 30
calendar days without pay. The board may suspend any officer |
7 | | or member
pending the hearing with or without pay, but in no |
8 | | event shall the
suspension pending hearing and the ultimate |
9 | | suspension imposed on the
officer or member, if any, exceed 30 |
10 | | calendar days without pay in the
aggregate. If the board of |
11 | | fire commissioners determines that the charges
are not |
12 | | sustained, the officer or member shall be reimbursed for all |
13 | | wages
withheld or lost, if any. In the conduct of this hearing, |
14 | | each member of
the board shall have power to secure by its |
15 | | subpoena both the attendance
and testimony of witnesses and the |
16 | | production of books and papers relevant
to the hearing.
|
17 | | Notwithstanding any other provision of this Section, a |
18 | | probationary employment period may be extended beyond one year |
19 | | for a firefighter who is required as a condition of employment |
20 | | to be a licensed certified paramedic, during which time the |
21 | | sole reason that a firefighter may be discharged without a |
22 | | hearing is for failing to meet the requirements for paramedic |
23 | | licensure certification .
|
24 | | The age for mandatory retirement of firemen in the service |
25 | | of any
department of such district is 65 years, unless the |
26 | | board of trustees shall
by ordinance provide for an earlier |
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1 | | mandatory retirement age of not less
than 60 years.
|
2 | | The provisions of the Administrative Review Law, and all |
3 | | amendments and
modifications thereof, and the rules adopted |
4 | | pursuant thereto, shall apply
to and govern all proceedings for |
5 | | the judicial review of final
administrative decisions of the |
6 | | board of fire commissioners hereunder. The
term |
7 | | "administrative decision" is defined as in Section 3-101 of the |
8 | | Code
of Civil Procedure.
|
9 | | Nothing in this Section shall be construed to prevent the |
10 | | Chief of the
fire department from suspending without pay a |
11 | | member of his department for
a period of not more than 5 |
12 | | consecutive calendar days, but he shall
notify the board in |
13 | | writing of such suspension. Any fireman so suspended
may appeal |
14 | | to the board of fire commissioners for a review of the
|
15 | | suspension within 5 calendar days after such suspension. Upon |
16 | | such appeal,
the Chief of the department shall bear the burden |
17 | | of proof in establishing
the guilt of the officer or member by |
18 | | a preponderance of the evidence. The
board may sustain the |
19 | | action of the Chief of the department, may reduce the
|
20 | | suspension to a lesser penalty, or may reverse it with |
21 | | instructions that
the officer or member receive his pay and |
22 | | other benefits withheld for the
period involved, or may suspend |
23 | | the officer for an additional period of not
more than 30 days, |
24 | | or discharge him, depending upon the facts presented.
|
25 | | (Source: P.A. 94-135, eff. 7-7-05.)
|
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1 | | Section 25. The Emergency Medical Services (EMS) Systems |
2 | | Act is amended by changing Sections 3.5, 3.10, 3.15, 3.20, |
3 | | 3.25, 3.35, 3.40, 3.45, 3.50, 3.55, 3.65, 3.70, 3.75, 3.80, |
4 | | 3.130, 3.140, 3.165, 3.170, 3.180, 3.200, 3.205, and 3.210 as |
5 | | follows:
|
6 | | (210 ILCS 50/3.5)
|
7 | | Sec. 3.5. Definitions. As used in this Act:
|
8 | | "Department" means the Illinois Department of Public |
9 | | Health.
|
10 | | "Director" means the Director of the Illinois Department of |
11 | | Public Health.
|
12 | | "Emergency" means a medical condition of recent onset and |
13 | | severity that
would lead a prudent layperson, possessing an |
14 | | average knowledge of medicine and
health, to believe that |
15 | | urgent or unscheduled medical care is required.
|
16 | | "Emergency Medical Services personnel" or "EMS personnel" |
17 | | means persons licensed as an Emergency Medical Responder (EMR) |
18 | | (First Responder), Emergency Medical Dispatcher (EMD), |
19 | | Emergency Medical Technician (EMT), Emergency Medical |
20 | | Technician-Intermediate (EMT-I), Advanced Emergency Medical |
21 | | Technician (A-EMT), Paramedic (EMT-P), Emergency |
22 | | Communications Registered Nurse (ECRN), or Pre-Hospital |
23 | | Registered Nurse (PHRN). |
24 | | "Health Care Facility" means a hospital,
nursing home, |
25 | | physician's office or other fixed location at which
medical and |
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1 | | health care services are performed. It does not
include |
2 | | "pre-hospital emergency care settings" which utilize EMS |
3 | | personnel EMTs to render
pre-hospital emergency care prior to |
4 | | the
arrival of a transport vehicle, as defined in this Act.
|
5 | | "Hospital" has the meaning ascribed to that
term in the |
6 | | Hospital Licensing Act.
|
7 | | "Trauma" means any significant injury which
involves |
8 | | single or multiple organ systems.
|
9 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
10 | | (210 ILCS 50/3.10)
|
11 | | Sec. 3.10. Scope of Services.
|
12 | | (a) "Advanced Life Support (ALS) Services" means
an |
13 | | advanced level of pre-hospital and inter-hospital emergency
|
14 | | care and non-emergency medical services that includes basic |
15 | | life
support care, cardiac monitoring, cardiac defibrillation,
|
16 | | electrocardiography, intravenous therapy, administration of
|
17 | | medications, drugs and solutions, use of adjunctive medical
|
18 | | devices, trauma care, and other authorized techniques and
|
19 | | procedures, as outlined in the provisions of the National EMS |
20 | | Education Standards relating to Advanced Life Support national |
21 | | curriculum of the United States Department of
Transportation |
22 | | and any modifications to that curriculum
specified in rules |
23 | | adopted by the Department pursuant to
this Act.
|
24 | | That care shall be initiated as authorized by the EMS
|
25 | | Medical Director in a Department approved advanced life
support |
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1 | | EMS System, under the written or verbal direction of
a |
2 | | physician licensed to practice medicine in all of its
branches |
3 | | or under the verbal direction of an Emergency
Communications |
4 | | Registered Nurse.
|
5 | | (b) "Intermediate Life Support (ILS) Services"
means an |
6 | | intermediate level of pre-hospital and inter-hospital
|
7 | | emergency care and non-emergency medical services that |
8 | | includes
basic life support care plus intravenous cannulation |
9 | | and
fluid therapy, invasive airway management, trauma care, and
|
10 | | other authorized techniques and procedures, as outlined in
the |
11 | | Intermediate Life Support national curriculum of the
United |
12 | | States Department of Transportation and any
modifications to |
13 | | that curriculum specified in rules adopted
by the Department |
14 | | pursuant to this Act.
|
15 | | That care shall be initiated as authorized by the EMS
|
16 | | Medical Director in a Department approved intermediate or
|
17 | | advanced life support EMS System, under the written or
verbal |
18 | | direction of a physician licensed to practice
medicine in all |
19 | | of its branches or under the verbal
direction of an Emergency |
20 | | Communications Registered Nurse.
|
21 | | (c) "Basic Life Support (BLS) Services" means a
basic level |
22 | | of pre-hospital and inter-hospital emergency care and
|
23 | | non-emergency medical services that includes airway |
24 | | management,
cardiopulmonary resuscitation (CPR), control of |
25 | | shock and
bleeding and splinting of fractures, as outlined in |
26 | | the provisions of the National EMS Education Standards relating |
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1 | | to Basic Life Support national curriculum of the United States
|
2 | | Department of Transportation and any modifications to that
|
3 | | curriculum specified in rules adopted by the Department
|
4 | | pursuant to this Act.
|
5 | | That care shall be initiated, where authorized by the
EMS |
6 | | Medical Director in a Department approved EMS System,
under the |
7 | | written or verbal direction of a physician
licensed to practice |
8 | | medicine in all of its branches or
under the verbal direction |
9 | | of an Emergency Communications
Registered Nurse.
|
10 | | (d) " Emergency Medical Responder First Response Services" |
11 | | means a preliminary
level of pre-hospital emergency care that |
12 | | includes
cardiopulmonary resuscitation (CPR), monitoring vital |
13 | | signs
and control of bleeding, as outlined in the Emergency |
14 | | Medical Responder (EMR) curriculum of the National EMS |
15 | | Education Standards First Responder
curriculum of the United |
16 | | States Department of Transportation
and any modifications to |
17 | | that curriculum specified in rules
adopted by the Department |
18 | | pursuant to this Act.
|
19 | | (e) "Pre-hospital care" means those emergency
medical |
20 | | services rendered to emergency patients for analytic,
|
21 | | resuscitative, stabilizing, or preventive purposes,
precedent |
22 | | to and during transportation of such patients to
health care |
23 | | facilities hospitals .
|
24 | | (f) "Inter-hospital care" means those emergency
medical |
25 | | services rendered to emergency patients for
analytic, |
26 | | resuscitative, stabilizing, or preventive
purposes, during |
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1 | | transportation of such patients from one
hospital to another |
2 | | hospital.
|
3 | | (f-5) "Critical care transport" means the pre-hospital or |
4 | | inter-hospital transportation of a critically injured or ill |
5 | | patient by a vehicle service provider, including the provision |
6 | | of medically necessary supplies and services, at a level of |
7 | | service beyond the scope of the Paramedic EMT-paramedic . When |
8 | | medically indicated for a patient, as determined by a physician |
9 | | licensed to practice medicine in all of its branches, an |
10 | | advanced practice nurse, or a physician's assistant, in |
11 | | compliance with subsections (b) and (c) of Section 3.155 of |
12 | | this Act, critical care transport may be provided by: |
13 | | (1) Department-approved critical care transport |
14 | | providers, not owned or operated by a hospital, utilizing |
15 | | Paramedics EMT-paramedics with additional training, |
16 | | nurses, or other qualified health professionals; or |
17 | | (2) Hospitals, when utilizing any vehicle service |
18 | | provider or any hospital-owned or operated vehicle service |
19 | | provider. Nothing in Public Act 96-1469 this amendatory Act |
20 | | of the 96th General Assembly requires a hospital to use, or |
21 | | to be, a Department-approved critical care transport |
22 | | provider when transporting patients, including those |
23 | | critically injured or ill. Nothing in this Act shall |
24 | | restrict or prohibit a hospital from providing, or |
25 | | arranging for, the medically appropriate transport of any |
26 | | patient, as determined by a physician licensed to practice |
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1 | | in all of its branches, an advanced practice nurse, or a |
2 | | physician's assistant. |
3 | | (g) "Non-emergency medical services" means medical care or |
4 | | monitoring rendered to
patients whose conditions do not meet |
5 | | this Act's definition of emergency, before or
during |
6 | | transportation of such patients to or from health care |
7 | | facilities visited for the
purpose of obtaining medical or |
8 | | health care services which are not emergency in
nature, using a |
9 | | vehicle regulated by this Act.
|
10 | | (g-5) The Department shall have the authority to promulgate |
11 | | minimum standards for critical care transport providers |
12 | | through rules adopted pursuant to this Act. All critical care |
13 | | transport providers must function within a Department-approved |
14 | | EMS System. Nothing in Department rules shall restrict a |
15 | | hospital's ability to furnish personnel, equipment, and |
16 | | medical supplies to any vehicle service provider, including a |
17 | | critical care transport provider. Minimum critical care |
18 | | transport provider standards shall include, but are not limited |
19 | | to: |
20 | | (1) Personnel staffing and licensure. |
21 | | (2) Education, certification, and experience. |
22 | | (3) Medical equipment and supplies. |
23 | | (4) Vehicular standards. |
24 | | (5) Treatment and transport protocols. |
25 | | (6) Quality assurance and data collection. |
26 | | (h)
The provisions of this Act shall not apply to
the use |
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1 | | of an ambulance or SEMSV, unless and until
emergency or |
2 | | non-emergency medical services are needed
during the use of the |
3 | | ambulance or SEMSV.
|
4 | | (Source: P.A. 96-1469, eff. 1-1-11.)
|
5 | | (210 ILCS 50/3.15)
|
6 | | Sec. 3.15. Emergency Medical Services (EMS) Regions. The |
7 | | Beginning September 1, 1995, the Department shall
designate |
8 | | Emergency Medical Services (EMS) Regions within the
State, |
9 | | consisting of specific geographic areas encompassing
EMS |
10 | | Systems and trauma centers, in which emergency medical
|
11 | | services, trauma services, and non-emergency medical
services |
12 | | are coordinated under an EMS Region Plan.
|
13 | | In designating EMS Regions, the Department shall take
into |
14 | | consideration, but not be limited to, the location of
existing |
15 | | EMS Systems, Trauma Regions and trauma centers,
existing |
16 | | patterns of inter-System transports, population
locations and |
17 | | density, transportation modalities, and
geographical distance |
18 | | from available trauma and emergency
department care.
|
19 | | Use of the term Trauma Region to identify a specific
|
20 | | geographic area shall be discontinued upon designation of
areas |
21 | | as EMS Regions.
|
22 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
23 | | (210 ILCS 50/3.20)
|
24 | | Sec. 3.20. Emergency Medical Services (EMS) Systems. |
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1 | | (a) "Emergency Medical Services (EMS) System" means an
|
2 | | organization of hospitals, vehicle service providers and
|
3 | | personnel approved by the Department in a specific
geographic |
4 | | area, which coordinates and provides pre-hospital
and |
5 | | inter-hospital emergency care and non-emergency medical
|
6 | | transports at a BLS, ILS and/or ALS level pursuant to a
System |
7 | | program plan submitted to and approved by the
Department, and |
8 | | pursuant to the EMS Region Plan adopted for
the EMS Region in |
9 | | which the System is located. |
10 | | (b) One hospital in each System program plan must be
|
11 | | designated as the Resource Hospital. All other hospitals
which |
12 | | are located within the geographic boundaries of a
System and |
13 | | which have standby, basic or comprehensive level
emergency |
14 | | departments must function in that EMS System as
either an |
15 | | Associate Hospital or Participating Hospital and
follow all |
16 | | System policies specified in the System Program
Plan, including |
17 | | but not limited to the replacement of drugs
and equipment used |
18 | | by providers who have delivered patients
to their emergency |
19 | | departments. All hospitals and vehicle
service providers |
20 | | participating in an EMS System must
specify their level of |
21 | | participation in the System Program
Plan. |
22 | | (c) The Department shall have the authority and
|
23 | | responsibility to: |
24 | | (1) Approve BLS, ILS and ALS level EMS Systems which
|
25 | | meet minimum standards and criteria established in rules
|
26 | | adopted by the Department pursuant to this Act, including
|
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1 | | the submission of a Program Plan for Department approval.
|
2 | | Beginning September 1, 1997, the Department shall approve
|
3 | | the development of a new EMS System only when a local or
|
4 | | regional need for establishing such System has been
|
5 | | verified by the Department. This shall not be construed as |
6 | | a needs assessment for health
planning or
other purposes |
7 | | outside of this Act.
Following Department approval, EMS |
8 | | Systems must
be fully operational within one year from the |
9 | | date of
approval. |
10 | | (2) Monitor EMS Systems, based on minimum standards for
|
11 | | continuing operation as prescribed in rules adopted by the
|
12 | | Department pursuant to this Act, which shall include
|
13 | | requirements for submitting Program Plan amendments to the
|
14 | | Department for approval. |
15 | | (3) Renew EMS System approvals every 4 years, after
an |
16 | | inspection, based on compliance with the standards for
|
17 | | continuing operation prescribed in rules adopted by the
|
18 | | Department pursuant to this Act. |
19 | | (4) Suspend, revoke, or refuse to renew approval of
any |
20 | | EMS System, after providing an opportunity for a
hearing, |
21 | | when findings show that it does not meet the
minimum |
22 | | standards for continuing operation as prescribed by
the |
23 | | Department, or is found to be in violation of its
|
24 | | previously approved Program Plan. |
25 | | (5) Require each EMS System to adopt written protocols
|
26 | | for the bypassing of or diversion to any hospital, trauma
|
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1 | | center or regional trauma center, which provide that a |
2 | | person
shall not be transported to a facility other than |
3 | | the nearest
hospital, regional trauma center or trauma |
4 | | center unless the
medical benefits to the patient |
5 | | reasonably expected from the
provision of appropriate |
6 | | medical treatment at a more distant
facility outweigh the |
7 | | increased risks to the patient from
transport to the more |
8 | | distant facility, or the transport is in
accordance with |
9 | | the System's protocols for patient
choice or refusal. |
10 | | (6) Require that the EMS Medical Director of an ILS or
|
11 | | ALS level EMS System be a physician licensed to practice
|
12 | | medicine in all of its branches in Illinois, and certified |
13 | | by
the American Board of Emergency Medicine or the American |
14 | | Osteopathic Board
of Osteopathic Emergency Medicine, and |
15 | | that the EMS Medical
Director of a BLS level EMS System be |
16 | | a physician licensed to
practice medicine in all of its |
17 | | branches in Illinois, with
regular and frequent |
18 | | involvement in pre-hospital emergency
medical services. In |
19 | | addition, all EMS Medical Directors shall: |
20 | | (A) Have experience on an EMS vehicle at the
|
21 | | highest level available within the System, or make |
22 | | provision
to gain such experience within 12 months |
23 | | prior to the
date responsibility for the System is |
24 | | assumed or within 90
days after assuming the position; |
25 | | (B) Be thoroughly knowledgeable of all skills
|
26 | | included in the scope of practices of all levels of EMS
|
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1 | | personnel within the System; |
2 | | (C) Have or make provision to gain experience
|
3 | | instructing students at a level similar to that of the |
4 | | levels
of EMS personnel within the System; and |
5 | | (D) For ILS and ALS EMS Medical Directors,
|
6 | | successfully complete a Department-approved EMS |
7 | | Medical
Director's Course. |
8 | | (7) Prescribe statewide EMS data elements to be
|
9 | | collected and documented by providers in all EMS Systems |
10 | | for
all emergency and non-emergency medical services, with |
11 | | a
one-year phase-in for commencing collection of such data
|
12 | | elements. |
13 | | (8) Define, through rules adopted pursuant to this Act,
|
14 | | the terms "Resource Hospital", "Associate Hospital",
|
15 | | "Participating Hospital", "Basic Emergency Department",
|
16 | | "Standby Emergency Department", "Comprehensive Emergency |
17 | | Department", "EMS
Medical Director", "EMS Administrative
|
18 | | Director", and "EMS System Coordinator". |
19 | | (A) (Blank). Upon the effective date of this |
20 | | amendatory Act of 1995,
all existing Project Medical |
21 | | Directors shall be considered EMS
Medical Directors, |
22 | | and all persons serving in such capacities
on the |
23 | | effective date of this amendatory Act of 1995 shall be |
24 | | exempt from
the requirements of paragraph (7) of this |
25 | | subsection; |
26 | | (B) (Blank). Upon the effective date of this |
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1 | | amendatory Act of 1995, all
existing EMS System Project |
2 | | Directors shall be considered EMS
Administrative |
3 | | Directors. |
4 | | (9) Investigate the
circumstances that caused a |
5 | | hospital
in an EMS system
to go on
bypass status to |
6 | | determine whether that hospital's decision to go on bypass
|
7 | | status was reasonable. The Department may impose |
8 | | sanctions, as
set forth in Section 3.140 of the Act, upon a |
9 | | Department determination that the
hospital unreasonably
|
10 | | went on bypass status in violation of the Act. |
11 | | (10) Evaluate the capacity and performance of any |
12 | | freestanding emergency center established under Section |
13 | | 32.5 of this Act in meeting emergency medical service needs |
14 | | of the public, including compliance with applicable |
15 | | emergency medical standards and assurance of the |
16 | | availability of and immediate access to the highest quality |
17 | | of medical care possible.
|
18 | | (11) Permit limited EMS System participation by |
19 | | facilities operated by the United States Department of |
20 | | Veterans Affairs, Veterans Health Administration. Subject |
21 | | to patient preference, Illinois EMS providers may |
22 | | transport patients to Veterans Health Administration |
23 | | facilities that voluntarily participate in an EMS System. |
24 | | Any Veterans Health Administration facility seeking |
25 | | limited participation in an EMS System shall agree to |
26 | | comply with all Department administrative rules |
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1 | | implementing this Section. The Department may promulgate |
2 | | rules, including, but not limited to, the types of Veterans |
3 | | Health Administration facilities that may participate in |
4 | | an EMS System and the limitations of participation. |
5 | | (Source: P.A. 96-1009, eff. 1-1-11; 96-1469, eff. 1-1-11; |
6 | | 97-333, eff. 8-12-11.)
|
7 | | (210 ILCS 50/3.25)
|
8 | | Sec. 3.25. EMS Region Plan; Development.
|
9 | | (a) Within 6 months after designation of an EMS
Region, an |
10 | | EMS Region Plan addressing at least the information
prescribed |
11 | | in Section 3.30 shall be submitted to the
Department for |
12 | | approval. The Plan shall be developed by the
Region's EMS |
13 | | Medical Directors Committee with advice from the
Regional EMS |
14 | | Advisory Committee; portions of the plan
concerning trauma |
15 | | shall be developed jointly with the Region's
Trauma Center |
16 | | Medical Directors or Trauma Center Medical
Directors |
17 | | Committee, whichever is applicable, with advice from
the |
18 | | Regional Trauma Advisory Committee, if such Advisory
Committee |
19 | | has been established in the Region. Portions of the Plan |
20 | | concerning stroke shall be developed jointly with the Regional |
21 | | Stroke Advisory Subcommittee.
|
22 | | (1) A Region's EMS Medical Directors
Committee shall be |
23 | | comprised of the Region's EMS Medical Directors,
along with |
24 | | the medical advisor to a fire department
vehicle service |
25 | | provider. For regions which include a municipal fire
|
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|
1 | | department serving a population of over 2,000,000 people, |
2 | | that fire
department's medical advisor shall serve on the |
3 | | Committee. For other regions,
the fire department vehicle |
4 | | service providers shall select which medical
advisor to |
5 | | serve on the Committee on an annual basis.
|
6 | | (2) A Region's Trauma Center Medical Directors
|
7 | | Committee shall be comprised of the Region's Trauma Center
|
8 | | Medical Directors.
|
9 | | (b) A Region's Trauma Center Medical Directors may
choose |
10 | | to participate in the development of the EMS Region
Plan |
11 | | through membership on the Regional EMS Advisory
Committee, |
12 | | rather than through a separate Trauma Center Medical Directors
|
13 | | Committee. If that option is selected,
the Region's Trauma |
14 | | Center Medical Director shall also
determine whether a separate |
15 | | Regional Trauma Advisory
Committee is necessary for the Region.
|
16 | | (c) In the event of disputes over content of the
Plan |
17 | | between the Region's EMS Medical Directors Committee and the
|
18 | | Region's Trauma Center Medical Directors or Trauma Center
|
19 | | Medical Directors Committee, whichever is applicable, the
|
20 | | Director of the Illinois Department of Public Health shall
|
21 | | intervene through a mechanism established by the Department
|
22 | | through rules adopted pursuant to this Act.
|
23 | | (d) "Regional EMS Advisory Committee" means a
committee |
24 | | formed within an Emergency Medical Services (EMS)
Region to |
25 | | advise the Region's EMS Medical Directors
Committee and to |
26 | | select the Region's representative to the
State Emergency |
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1 | | Medical Services Advisory Council,
consisting of at least the |
2 | | members of the Region's EMS
Medical Directors Committee, the |
3 | | Chair of the Regional
Trauma Committee, the EMS System |
4 | | Coordinators from each
Resource Hospital within the Region, one |
5 | | administrative
representative from an Associate Hospital |
6 | | within the Region,
one administrative representative from a |
7 | | Participating
Hospital within the Region, one administrative
|
8 | | representative from the vehicle service provider which
|
9 | | responds to the highest number of calls for emergency service |
10 | | within
the Region, one administrative representative of a |
11 | | vehicle
service provider from each System within the Region, |
12 | | one individual from each level of license provided in Section |
13 | | 3.50 of this Act, one Pre-Hospital Registered Nurse
Emergency |
14 | | Medical Technician (EMT)/Pre-Hospital RN from each
level of |
15 | | EMT/Pre-Hospital RN practicing within the Region,
and one |
16 | | registered professional nurse currently practicing
in an |
17 | | emergency department within the Region.
Of the 2 administrative |
18 | | representatives of vehicle service providers, at
least one |
19 | | shall be an administrative representative of a private vehicle
|
20 | | service provider. The
Department's Regional EMS Coordinator |
21 | | for each Region shall
serve as a non-voting member of that |
22 | | Region's EMS Advisory
Committee.
|
23 | | Every 2 years, the members of the Region's EMS Medical
|
24 | | Directors Committee shall rotate serving as Committee Chair,
|
25 | | and select the Associate Hospital, Participating Hospital
and |
26 | | vehicle service providers which shall send
representatives to |
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1 | | the Advisory Committee, and the
EMS personnel |
2 | | EMTs/Pre-Hospital RN and nurse who shall serve on the
Advisory |
3 | | Committee.
|
4 | | (e) "Regional Trauma Advisory Committee" means a
committee |
5 | | formed within an Emergency Medical Services (EMS)
Region, to |
6 | | advise the Region's Trauma Center Medical
Directors Committee, |
7 | | consisting of at least the Trauma
Center Medical Directors and |
8 | | Trauma Coordinators from each
Trauma Center within the Region, |
9 | | one EMS Medical Director
from a resource hospital within the |
10 | | Region, one EMS System
Coordinator from another resource |
11 | | hospital within the
Region, one representative each from a |
12 | | public and private
vehicle service provider which transports |
13 | | trauma patients
within the Region, an administrative |
14 | | representative from
each trauma center within the Region, one |
15 | | EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or PHRN EMT |
16 | | representing
the highest level of EMS personnel EMT practicing |
17 | | within the Region, one
emergency physician and one Trauma Nurse |
18 | | Specialist (TNS)
currently practicing in a trauma center. The |
19 | | Department's
Regional EMS Coordinator for each Region shall |
20 | | serve as a
non-voting member of that Region's Trauma Advisory
|
21 | | Committee.
|
22 | | Every 2 years, the members of the Trauma Center Medical
|
23 | | Directors Committee shall rotate serving as Committee Chair,
|
24 | | and select the vehicle service providers, EMS personnel EMT , |
25 | | emergency
physician, EMS System Coordinator and TNS who shall |
26 | | serve on
the Advisory Committee.
|
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1 | | (Source: P.A. 96-514, eff. 1-1-10.)
|
2 | | (210 ILCS 50/3.35)
|
3 | | Sec. 3.35.
Emergency Medical Services (EMS) Resource
|
4 | | Hospital; Functions.
The Resource Hospital of an EMS System |
5 | | shall:
|
6 | | (a) Prepare a Program Plan in accordance with the
|
7 | | provisions of this Act and minimum standards and criteria
|
8 | | established in rules adopted by the Department pursuant to
this |
9 | | Act, and submit such Program Plan to the Department for
|
10 | | approval.
|
11 | | (b) Appoint an EMS Medical Director, who will
continually |
12 | | monitor and supervise the System and who will
have the |
13 | | responsibility and authority for total management
of the System |
14 | | as delegated by the EMS Resource Hospital.
|
15 | | The Program Plan shall require the EMS Medical Director to
|
16 | | appoint an alternate EMS Medical Director and establish a
|
17 | | written protocol addressing the functions to be carried out
in |
18 | | his or her absence.
|
19 | | (c) Appoint an EMS System Coordinator and EMS
|
20 | | Administrative Director in consultation with the EMS Medical
|
21 | | Director and in accordance with rules adopted by the Department
|
22 | | pursuant to this Act.
|
23 | | (d) Identify potential EMS System participants and
obtain |
24 | | commitments from them for the provision of services.
|
25 | | (e) Educate or coordinate the education of EMS personnel |
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1 | | and all other license holders EMT
personnel in accordance with |
2 | | the requirements of this Act,
rules adopted by the Department |
3 | | pursuant to this Act, and
the EMS System Program Plan.
|
4 | | (f) Notify the Department of EMS personnel EMT provider |
5 | | personnel
who have successfully completed the requirements as |
6 | | provided by law for initial licensure , license renewal, and |
7 | | license reinstatement
testing and relicensure by the |
8 | | Department , except that an
ILS or ALS level System may require |
9 | | its EMT-B personnel to
apply directly to the Department for |
10 | | determination of
successful completion of relicensure |
11 | | requirements .
|
12 | | (g) Educate or coordinate the education of Emergency
|
13 | | Medical Dispatcher candidates, in accordance with the
|
14 | | requirements of this Act, rules adopted by the Department
|
15 | | pursuant to this Act, and the EMS System Program Plan.
|
16 | | (h) Establish or approve protocols for prearrival
medical |
17 | | instructions to callers by System Emergency Medical
|
18 | | Dispatchers who provide such instructions.
|
19 | | (i) Educate or coordinate the education of
Pre-Hospital |
20 | | Registered Nurse RN and ECRN candidates, in accordance with the |
21 | | requirements of
this Act, rules adopted by the Department
|
22 | | pursuant to this Act, and the EMS System Program Plan.
|
23 | | (j) Approve Pre-Hospital Registered Nurse RN and ECRN |
24 | | candidates to
practice within the System, and reapprove |
25 | | Pre-Hospital Registered Nurses RNs
and ECRNs every 4 years in |
26 | | accordance with the
requirements of the Department and the |
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1 | | System Program Plan.
|
2 | | (k) Establish protocols for the use of Pre-Hospital |
3 | | Registered Nurses
RNs within the System.
|
4 | | (l) Establish protocols for utilizing ECRNs and
physicians |
5 | | licensed to practice medicine in all of its
branches to monitor |
6 | | telecommunications from, and give voice
orders to, EMS |
7 | | personnel, under the authority of the EMS
Medical Director.
|
8 | | (m) Monitor emergency and non-emergency medical
transports |
9 | | within the System, in accordance with rules
adopted by the |
10 | | Department pursuant to this Act.
|
11 | | (n) Utilize levels of personnel required by the
Department |
12 | | to provide emergency care to the sick and injured
at the scene |
13 | | of an emergency, during transport to a hospital
or during |
14 | | inter-hospital transport and within the hospital
emergency |
15 | | department until the responsibility for the care
of the patient |
16 | | is assumed by the medical personnel of a
hospital emergency |
17 | | department or other facility within the
hospital to which the |
18 | | patient is first delivered by System
personnel.
|
19 | | (o) Utilize levels of personnel required by the
Department |
20 | | to provide non-emergency medical services during
transport to a |
21 | | health care facility and within the health
care facility until |
22 | | the responsibility for the care of the
patient is assumed by |
23 | | the medical personnel of the health
care facility to which the |
24 | | patient is delivered by System
personnel.
|
25 | | (p) Establish and implement a program for System
|
26 | | participant information and education, in accordance with
|
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1 | | rules adopted by the Department pursuant to this Act.
|
2 | | (q) Establish and implement a program for public
|
3 | | information and education, in accordance with rules adopted
by |
4 | | the Department pursuant to this Act.
|
5 | | (r) Operate in compliance with the EMS Region Plan.
|
6 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
7 | | (210 ILCS 50/3.40)
|
8 | | Sec. 3.40. EMS System Participation Suspensions and
Due |
9 | | Process. |
10 | | (a) An EMS Medical Director may suspend from
participation |
11 | | within the System any EMS personnel, EMS Lead Instructor (LI), |
12 | | individual, individual
provider or other participant |
13 | | considered not to be meeting
the requirements of the Program |
14 | | Plan of that approved EMS
System.
|
15 | | (b) Prior to suspending any individual or entity an EMT or |
16 | | other provider , an EMS Medical Director
shall provide an the |
17 | | EMT or provider with the opportunity for a hearing before the
|
18 | | local System review board in accordance with subsection (f) and |
19 | | the rules
promulgated by the Department.
|
20 | | (1) If the local System review board affirms or |
21 | | modifies the EMS Medical
Director's suspension order, the |
22 | | individual or entity EMT or provider shall have the |
23 | | opportunity for
a review of the local board's decision by |
24 | | the State EMS Disciplinary Review
Board, pursuant to |
25 | | Section 3.45 of this Act.
|
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1 | | (2) If the local System review board reverses or |
2 | | modifies the EMS Medical
Director's suspension order, the |
3 | | EMS Medical Director shall have the
opportunity for a |
4 | | review of the local board's decision by the State EMS
|
5 | | Disciplinary Review Board, pursuant to Section 3.45 of this |
6 | | Act.
|
7 | | (3) The suspension shall commence only upon the |
8 | | occurrence of one of the
following:
|
9 | | (A) the individual or entity EMT or provider has |
10 | | waived the opportunity for a hearing before
the local |
11 | | System review board; or
|
12 | | (B) the suspension order has been affirmed or |
13 | | modified by the local system review
board
and the |
14 | | individual or entity EMT or provider has waived the |
15 | | opportunity for review by the State
Board; or
|
16 | | (C) the suspension order has been affirmed or |
17 | | modified by the local system review
board,
and the |
18 | | local board's decision has been affirmed or modified by |
19 | | the State
Board.
|
20 | | (c) An EMS Medical Director may immediately suspend an EMR, |
21 | | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other |
22 | | individual or entity EMT or other
provider if he or she finds |
23 | | that the information in his or her possession
indicates that |
24 | | the
continuation in practice by the individual or entity an EMT |
25 | | or other provider would constitute an
imminent danger to the |
26 | | public. The suspended individual or entity EMT or other |
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1 | | provider shall be
issued an immediate verbal notification |
2 | | followed by a written suspension order
to the EMT or other |
3 | | provider by the EMS Medical Director which states the
length, |
4 | | terms and basis for the suspension.
|
5 | | (1) Within 24 hours following the commencement of the |
6 | | suspension, the EMS
Medical Director shall deliver to the |
7 | | Department, by messenger , or telefax, or other |
8 | | Department-approved electronic communication, a
copy of |
9 | | the suspension order and copies of any written materials |
10 | | which relate
to the EMS Medical Director's decision to |
11 | | suspend the individual or entity EMT or provider . All |
12 | | medical and patient-specific information, including |
13 | | Department findings with respect to the quality of care |
14 | | rendered, shall be strictly confidential pursuant to the |
15 | | Medical Studies Act.
|
16 | | (2) Within 24 hours following the commencement of the |
17 | | suspension, the
suspended individual or entity EMT or |
18 | | provider may deliver to the Department, by messenger , or
|
19 | | telefax, or other Department-approved electronic |
20 | | communication, a written response to the suspension order |
21 | | and copies of any written
materials which the individual or |
22 | | entity EMT or provider feels are appropriate relate to that |
23 | | response . All medical and patient-specific information, |
24 | | including Department findings with respect to the quality |
25 | | of care rendered, shall be strictly confidential pursuant |
26 | | to the Medical Studies Act.
|
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1 | | (3) Within 24 hours following receipt of the EMS |
2 | | Medical Director's
suspension order or the individual or |
3 | | entity's EMT or provider's written response, whichever is |
4 | | later,
the Director or the Director's designee shall |
5 | | determine whether the suspension
should be stayed pending |
6 | | an the EMT's or provider's opportunity for a hearing or
|
7 | | review in accordance with this Act, or whether the |
8 | | suspension should continue
during the course of that |
9 | | hearing or review. The Director or the Director's
designee |
10 | | shall issue this determination to the EMS Medical Director, |
11 | | who shall
immediately notify the suspended individual or |
12 | | entity EMT or provider . The suspension shall remain
in |
13 | | effect during this period of review by the Director or the |
14 | | Director's
designee.
|
15 | | (d) Upon issuance of a suspension order for reasons |
16 | | directly related to
medical care, the EMS Medical Director |
17 | | shall also provide the individual or entity EMT or provider
|
18 | | with the opportunity for a hearing before the local System |
19 | | review board, in
accordance with subsection (f) and the rules |
20 | | promulgated by the Department.
|
21 | | (1) If the local System review board affirms or |
22 | | modifies the EMS Medical
Director's suspension order, the |
23 | | individual or entity EMT or provider shall have the |
24 | | opportunity for
a review of the local board's decision by |
25 | | the State EMS Disciplinary Review
Board, pursuant to |
26 | | Section 3.45 of this Act.
|
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|
1 | | (2) If the local System review board reverses or |
2 | | modifies the EMS Medical
Director's suspension order, the |
3 | | EMS Medical Director shall have the
opportunity for a |
4 | | review of the local board's decision by the State EMS
|
5 | | Disciplinary Review Board, pursuant to Section 3.45 of this |
6 | | Act.
|
7 | | (3) The suspended individual or entity EMT or provider |
8 | | may elect to bypass the local System review board
and seek |
9 | | direct review of the EMS Medical Director's suspension |
10 | | order by the
State EMS Disciplinary Review Board.
|
11 | | (e) The Resource Hospital shall designate a local System |
12 | | review board in
accordance with the rules of the Department, |
13 | | for the purpose of providing a
hearing to any individual or |
14 | | entity individual provider participating within the
System who |
15 | | is suspended from participation by the EMS Medical Director. |
16 | | The
EMS Medical Director shall arrange for a certified |
17 | | shorthand reporter to make a
stenographic record of that |
18 | | hearing and thereafter prepare a transcript of the
proceedings. |
19 | | The transcript, all documents or materials received as evidence
|
20 | | during the hearing and the local System review board's written |
21 | | decision shall
be retained in the custody of the EMS system. |
22 | | The System shall implement a
decision of the local System |
23 | | review board unless that decision has been
appealed to the |
24 | | State Emergency Medical Services Disciplinary Review Board in
|
25 | | accordance with this Act and the rules of the Department.
|
26 | | (f) The Resource Hospital shall implement a decision of the |
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1 | | State Emergency
Medical Services Disciplinary Review Board |
2 | | which has been rendered in
accordance with this Act and the |
3 | | rules of the Department.
|
4 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
5 | | (210 ILCS 50/3.45)
|
6 | | Sec. 3.45. State Emergency Medical Services Disciplinary
|
7 | | Review Board. |
8 | | (a) The Governor shall appoint a State Emergency
Medical |
9 | | Services Disciplinary Review Board, composed of an
EMS Medical |
10 | | Director, an EMS System Coordinator, a Paramedic an
Emergency |
11 | | Medical Technician-Paramedic (EMT-P) , an Emergency
Medical |
12 | | Technician (EMT) Technician-Basic (EMT-B) , and the following |
13 | | members,
who shall only review cases in which a party is from |
14 | | the
same professional category: a Pre-Hospital Registered |
15 | | Nurse RN , an ECRN, a
Trauma Nurse Specialist, an Emergency |
16 | | Medical
Technician-Intermediate (EMT-I), an Advanced Emergency |
17 | | Medical Technician (A-EMT), a representative from a
private |
18 | | vehicle service provider, a representative from a
public |
19 | | vehicle service provider, and an emergency physician
who |
20 | | monitors telecommunications from and gives voice orders
to EMS |
21 | | personnel. The Governor shall also appoint one
alternate for |
22 | | each member of the Board, from the same
professional category |
23 | | as the member of the Board.
|
24 | | (b) The Of the members first appointed, 2 members shall
be |
25 | | appointed for a term of one year, 2 members shall be
appointed |
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1 | | for a term of 2 years and the remaining members
shall be |
2 | | appointed for a term of 3 years. The terms of
subsequent |
3 | | appointments shall be 3 years. All appointees
shall serve until |
4 | | their successors are appointed. The
alternate members shall be |
5 | | appointed and serve in the same
fashion as the members of the |
6 | | Board. If a member resigns
his or her appointment, the |
7 | | corresponding alternate shall serve the
remainder of that |
8 | | member's term until a subsequent member is
appointed by the |
9 | | Governor.
|
10 | | (c) The function of the Board is to review and affirm,
|
11 | | reverse or modify disciplinary orders to suspend an EMT or |
12 | | other
individual provider from participating within an EMS |
13 | | System .
|
14 | | (d) Any An individual or entity , individual provider or |
15 | | other
participant who received an immediate suspension from an |
16 | | EMS
Medical Director may request the Board to reverse or modify
|
17 | | the suspension order. If the suspension had been affirmed
or |
18 | | modified by a local System review board, the suspended |
19 | | individual or entity
participant may request the Board to |
20 | | reverse or modify the
local board's decision.
|
21 | | (e) Any An individual or entity , individual provider or |
22 | | other
participant who received a non-immediate suspension |
23 | | order
from an EMS Medical Director which was affirmed or |
24 | | modified
by a local System review board may request the Board |
25 | | to
reverse or modify the local board's decision.
|
26 | | (f) An EMS Medical Director whose suspension order
was |
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|
1 | | reversed or modified by a local System review board may
request |
2 | | the Board to reverse or modify the local board's
decision.
|
3 | | (g) The Board shall regularly meet on the first
Tuesday of |
4 | | every month, unless no requests for review have
been submitted. |
5 | | Additional meetings of the Board shall be
scheduled as |
6 | | necessary to ensure insure that a request for direct
review of |
7 | | an immediate suspension order is scheduled within
14 days after |
8 | | the Department receives the request for review
or as soon |
9 | | thereafter as a quorum is available. The Board
shall meet in |
10 | | Springfield or Chicago, whichever location is
closer to the |
11 | | majority of the members or alternates
attending the meeting. |
12 | | The Department shall reimburse the
members and alternates of |
13 | | the Board for reasonable travel
expenses incurred in attending |
14 | | meetings of the Board.
|
15 | | (h) A request for review shall be submitted in
writing to |
16 | | the Chief of the Department's Division of Emergency
Medical |
17 | | Services and Highway Safety, within 10 days after
receiving the |
18 | | local board's decision or the EMS Medical
Director's suspension |
19 | | order, whichever is applicable, a copy
of which shall be |
20 | | enclosed.
|
21 | | (i) At its regularly scheduled meetings, the Board
shall |
22 | | review requests which have been received by the
Department at |
23 | | least 10 working days prior to the Board's
meeting date. |
24 | | Requests for review which are received less
than 10 working |
25 | | days prior to a scheduled meeting shall be
considered at the |
26 | | Board's next scheduled meeting, except
that requests for direct |
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|
1 | | review of an immediate suspension
order may be scheduled up to |
2 | | 3 working days prior to the
Board's meeting date.
|
3 | | (j) A quorum shall be required for the Board to
meet, which |
4 | | shall consist of 3 members or alternates, including
the EMS |
5 | | Medical Director or alternate and the member or
alternate from |
6 | | the same professional category as the subject
of the suspension |
7 | | order. At each meeting of the Board, the
members or alternates |
8 | | present shall select a Chairperson to
conduct the meeting.
|
9 | | (k) Deliberations for decisions of the State EMS
|
10 | | Disciplinary Review
Board shall be conducted in closed session. |
11 | | Department
staff may attend for the purpose of providing |
12 | | clerical
assistance, but no other persons may be in attendance |
13 | | except
for the parties to the dispute being reviewed by the |
14 | | Board
and their attorneys, unless by request of the Board.
|
15 | | (l) The Board shall review the transcript,
evidence and |
16 | | written decision of the local review board or the
written |
17 | | decision and supporting documentation of the EMS
Medical |
18 | | Director, whichever is applicable, along with any
additional |
19 | | written or verbal testimony or argument offered
by the parties |
20 | | to the dispute.
|
21 | | (m) At the conclusion of its review, the Board
shall issue |
22 | | its decision and the basis for its decision on a form
provided |
23 | | by the Department, and shall submit to the
Department its |
24 | | written decision together with the record of
the local System |
25 | | review board. The Department shall
promptly issue a copy of the |
26 | | Board's decision to all
affected parties. The Board's decision |
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|
1 | | shall be binding on
all parties.
|
2 | | (Source: P.A. 89-177, eff. 7-19-95; 90-144, eff. 7-23-97.)
|
3 | | (210 ILCS 50/3.50)
|
4 | | Sec. 3.50. Emergency Medical Services personnel licensure |
5 | | levels Technician (EMT) Licensure .
|
6 | | (a) "Emergency Medical Technician Technician-Basic " or
|
7 | | " EMT EMT-B " means a person who has successfully completed a |
8 | | course of
instruction in basic life support
as approved |
9 | | prescribed by the
Department, is currently licensed by the |
10 | | Department in
accordance with standards prescribed by this Act |
11 | | and rules
adopted by the Department pursuant to this Act, and |
12 | | practices within an EMS
System. A valid Emergency Medical |
13 | | Technician-Basic (EMT-B) license issued under this Act shall |
14 | | continue to be valid and shall be recognized as an Emergency |
15 | | Medical Technician (EMT) license until the Emergency Medical |
16 | | Technician-Basic (EMT-B) license expires.
|
17 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" |
18 | | means a person who has successfully completed a
course of |
19 | | instruction in intermediate life support
as approved
|
20 | | prescribed by the Department, is currently licensed by the
|
21 | | Department in accordance with standards prescribed by this
Act |
22 | | and rules adopted by the Department pursuant to this
Act, and |
23 | | practices within an Intermediate or Advanced
Life Support EMS |
24 | | System.
|
25 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" |
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1 | | means a person who has successfully completed a course in basic |
2 | | and limited advanced emergency medical care as approved by the |
3 | | Department, is currently licensed by the Department in |
4 | | accordance with standards prescribed by this Act and rules |
5 | | adopted by the Department pursuant to this Act, and practices |
6 | | within an Intermediate or Advanced Life Support EMS System. |
7 | | (c) " Paramedic (EMT-P) Emergency Medical |
8 | | Technician-Paramedic" or "EMT-P " means a person who
has |
9 | | successfully completed a
course of instruction in advanced life |
10 | | support care
as approved
prescribed by the Department, is |
11 | | licensed by the Department
in accordance with standards |
12 | | prescribed by this Act and
rules adopted by the Department |
13 | | pursuant to this Act, and
practices within an Advanced Life |
14 | | Support EMS System. A valid Emergency Medical |
15 | | Technician-Paramedic (EMT-P) license issued under this Act |
16 | | shall continue to be valid and shall be recognized as a |
17 | | Paramedic license until the Emergency Medical |
18 | | Technician-Paramedic (EMT-P) license expires.
|
19 | | (c-5) "Emergency Medical Responder" or "EMR (First |
20 | | Responder)" means a person who has successfully completed a |
21 | | course in emergency medical response as approved by the |
22 | | Department and provides emergency medical response services |
23 | | prior to the arrival of an ambulance or specialized emergency |
24 | | medical services vehicle, in accordance with the level of care |
25 | | established by the National EMS Educational Standards |
26 | | Emergency Medical Responder course as modified by the |
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1 | | Department. An Emergency Medical Responder who provides |
2 | | services as part of an EMS System response plan shall comply |
3 | | with the applicable sections of the Program Plan, as approved |
4 | | by the Department, of that EMS System. The Department shall |
5 | | have the authority to adopt rules governing the curriculum, |
6 | | practice, and necessary equipment applicable to Emergency |
7 | | Medical Responders. |
8 | | On the effective date of this amendatory Act of the 98th |
9 | | General Assembly, a person who is licensed by the Department as |
10 | | a First Responder and has completed a Department-approved |
11 | | course in first responder defibrillator training based on, or |
12 | | equivalent to, the National EMS Educational Standards or other |
13 | | standards previously recognized by the Department shall be |
14 | | eligible for licensure as an Emergency Medical Responder upon |
15 | | meeting the licensure requirements and submitting an |
16 | | application to the Department. A valid First Responder license |
17 | | issued under this Act shall continue to be valid and shall be |
18 | | recognized as an Emergency Medical Responder license until the |
19 | | First Responder license expires. |
20 | | (c-10) All EMS Systems and licensees shall be fully |
21 | | compliant with the National EMS Education Standards, as |
22 | | modified by the Department in administrative rules, within 24 |
23 | | months after the adoption of the administrative rules. |
24 | | (d) The Department shall have the authority and
|
25 | | responsibility to:
|
26 | | (1) Prescribe education and training requirements, |
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1 | | which
includes training in the use of epinephrine,
for all |
2 | | levels of EMS personnel except for EMRs EMT , based on the |
3 | | National EMS Educational Standards respective national
|
4 | | curricula of the United States Department of |
5 | | Transportation
and any modifications to those such |
6 | | curricula specified by the
Department through rules |
7 | | adopted pursuant to this Act.
|
8 | | (2) Prescribe licensure testing requirements
for all |
9 | | levels of EMS personnel EMT , which shall include a |
10 | | requirement that
all phases of instruction, training, and |
11 | | field experience be
completed before taking the |
12 | | appropriate EMT licensure examination.
Candidates may |
13 | | elect to take the appropriate National Registry of
|
14 | | Emergency Medical Technicians examination in lieu of the
|
15 | | Department's examination, but are responsible for making
|
16 | | their own arrangements for taking the National Registry
|
17 | | examination. In prescribing licensure testing requirements |
18 | | for honorably discharged members of the armed forces of the |
19 | | United States under this paragraph (2), the Department |
20 | | shall ensure that a candidate's military emergency medical |
21 | | training, emergency medical curriculum completed, and |
22 | | clinical experience, as described in paragraph (2.5), are |
23 | | recognized.
|
24 | | (2.5) Review applications for EMS personnel EMT |
25 | | licensure from
honorably discharged members of the armed |
26 | | forces of the United States with military emergency medical |
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1 | | training. Applications shall be filed with the Department |
2 | | within one year after military discharge and shall contain: |
3 | | (i) proof of successful completion of military emergency |
4 | | medical training; (ii) a detailed description of the |
5 | | emergency medical curriculum completed; and (iii) a |
6 | | detailed description of the applicant's clinical |
7 | | experience. The Department may request additional and |
8 | | clarifying information. The Department shall evaluate the |
9 | | application, including the applicant's training and |
10 | | experience, consistent with the standards set forth under |
11 | | subsections (a), (b), (c), and (d) of Section 3.10. If the |
12 | | application clearly demonstrates that the training and |
13 | | experience meets such standards, the Department shall |
14 | | offer the applicant the opportunity to successfully |
15 | | complete a Department-approved EMS personnel EMT |
16 | | examination for the level of license for which the |
17 | | applicant is qualified. Upon passage of an examination, the |
18 | | Department shall issue a license, which shall be subject to |
19 | | all provisions of this Act that are otherwise applicable to |
20 | | the level class of EMS personnel EMT
license issued.
|
21 | | (3) License individuals as an EMR, EMT EMT-B , EMT-I, |
22 | | A-EMT,
or Paramedic EMT-P who have met the Department's |
23 | | education, training and
examination requirements.
|
24 | | (4) Prescribe annual continuing education and
|
25 | | relicensure requirements for all EMS personnel licensure
|
26 | | levels levels of EMT .
|
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1 | | (5) Relicense individuals as an EMD, EMR, EMT EMT-B , |
2 | | EMT-I, A-EMT,
or Paramedic EMT-P every 4 years, based on |
3 | | their compliance with
continuing education and relicensure |
4 | | requirements as required by the Department pursuant to this |
5 | | Act . Every 4 years, a Paramedic an EMT-P shall have 100 |
6 | | hours of approved continuing education, an EMT-I and an |
7 | | advanced EMT shall have 80 hours of approved continuing |
8 | | education, and an EMT EMT-B shall have 60 hours of approved |
9 | | continuing education. An Illinois licensed EMR, EMD, EMT, |
10 | | EMT-I, A-EMT, Paramedic, ECRN, or PHRN Emergency Medical |
11 | | Technician whose license has been expired for less than 36 |
12 | | months may apply for reinstatement by the Department. |
13 | | Reinstatement shall require that the applicant (i) submit |
14 | | satisfactory proof of completion of continuing medical |
15 | | education and clinical requirements to be prescribed by the |
16 | | Department in an administrative rule; (ii) submit a |
17 | | positive recommendation from an Illinois EMS Medical |
18 | | Director attesting to the applicant's qualifications for |
19 | | retesting; and (iii) pass a Department approved test for |
20 | | the level of EMS personnel EMT license sought to be |
21 | | reinstated.
|
22 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, |
23 | | A-EMT, Paramedic, ECRN, or PHRN EMT who
qualifies, based on |
24 | | standards and procedures established by
the Department in |
25 | | rules adopted pursuant to this Act.
|
26 | | (7) Charge a fee for EMS personnel EMT examination, |
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1 | | licensure, and license renewal.
|
2 | | (8) Suspend, revoke, or refuse to issue or renew the
|
3 | | license of any licensee, after an opportunity for an |
4 | | impartial hearing before a neutral administrative law |
5 | | judge appointed by the Director, where the preponderance of |
6 | | the evidence shows one or more of the following:
|
7 | | (A) The licensee has not met continuing
education |
8 | | or relicensure requirements as prescribed by the |
9 | | Department;
|
10 | | (B) The licensee has failed to maintain
|
11 | | proficiency in the level of skills for which he or she |
12 | | is licensed;
|
13 | | (C) The licensee, during the provision of
medical |
14 | | services, engaged in dishonorable, unethical, or
|
15 | | unprofessional conduct of a character likely to |
16 | | deceive,
defraud, or harm the public;
|
17 | | (D) The licensee has failed to maintain or
has |
18 | | violated standards of performance and conduct as |
19 | | prescribed
by the Department in rules adopted pursuant |
20 | | to this Act or
his or her EMS System's Program Plan;
|
21 | | (E) The licensee is physically impaired to
the |
22 | | extent that he or she cannot physically perform the |
23 | | skills and
functions for which he or she is licensed, |
24 | | as verified by a
physician, unless the person is on |
25 | | inactive status pursuant
to Department regulations;
|
26 | | (F) The licensee is mentally impaired to the
extent |
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1 | | that he or she cannot exercise the appropriate |
2 | | judgment,
skill and safety for performing the |
3 | | functions for which he
or she is licensed, as verified |
4 | | by a physician, unless the person
is on inactive status |
5 | | pursuant to Department regulations;
|
6 | | (G) The licensee has violated this Act or any
rule |
7 | | adopted by the Department pursuant to this Act; or |
8 | | (H) The licensee has been convicted (or entered a |
9 | | plea of guilty or nolo-contendere) by a court of |
10 | | competent jurisdiction of a Class X, Class 1, or Class |
11 | | 2 felony in this State or an out-of-state equivalent |
12 | | offense. |
13 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or |
14 | | PHRN An EMT who is a member of the Illinois National Guard or |
15 | | an Illinois State Trooper or who exclusively serves as a |
16 | | volunteer for units of local government with a population base |
17 | | of less than 5,000 or as a volunteer
for a not-for-profit |
18 | | organization that serves a service area
with a population base |
19 | | of less than 5,000 may submit an application to the Department |
20 | | for a waiver of the fees described under paragraph (7) of |
21 | | subsection (d) of this Section on a form prescribed by the |
22 | | Department. |
23 | | The education requirements prescribed by the Department |
24 | | under this Section subsection must allow for the suspension of |
25 | | those requirements in the case of a member of the armed |
26 | | services or reserve forces of the United States or a member of |
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1 | | the Illinois National Guard who is on active duty pursuant to |
2 | | an executive order of the President of the United States, an |
3 | | act of the Congress of the United States, or an order of the |
4 | | Governor at the time that the member would otherwise be |
5 | | required to fulfill a particular education requirement. Such a |
6 | | person must fulfill the education requirement within 6 months |
7 | | after his or her release from active duty.
|
8 | | (e) In the event that any rule of the
Department or an EMS |
9 | | Medical Director that requires testing for drug
use as a |
10 | | condition of the applicable EMS personnel license for EMT |
11 | | licensure conflicts with or
duplicates a provision of a |
12 | | collective bargaining agreement
that requires testing for drug |
13 | | use, that rule shall not
apply to any person covered by the |
14 | | collective bargaining
agreement.
|
15 | | (Source: P.A. 97-333, eff. 8-12-11; 97-509, eff. 8-23-11; |
16 | | 97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; 98-53, eff. 1-1-14; |
17 | | 98-463, eff. 8-16-13.)
|
18 | | (210 ILCS 50/3.55)
|
19 | | Sec. 3.55. Scope of practice.
|
20 | | (a) Any person currently licensed as an EMR, EMT EMT-B , |
21 | | EMT-I,
A-EMT, or Paramedic EMT-P may perform emergency and |
22 | | non-emergency medical
services as defined in this Act, in |
23 | | accordance with his or her level of
education, training and |
24 | | licensure, the standards of
performance and conduct prescribed |
25 | | by the Department in
rules adopted pursuant to this Act, and |
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1 | | the requirements of
the EMS System in which he or she |
2 | | practices, as contained in the
approved Program Plan for that |
3 | | System. The Director may, by written order, temporarily modify |
4 | | individual scopes of practice in response to public health |
5 | | emergencies for periods not exceeding 180 days.
|
6 | | (a-5) EMS personnel A person currently approved as a First |
7 | | Responder or licensed as an
EMT-B, EMT-I, or EMT-P who have has |
8 | | successfully completed a Department approved
course in |
9 | | automated defibrillator operation and who are is functioning |
10 | | within a
Department approved EMS System may utilize such |
11 | | automated defibrillator
according to the standards of |
12 | | performance and conduct prescribed by the
Department
in rules |
13 | | adopted pursuant to this Act and the requirements of the EMS |
14 | | System in
which they practice he or she practices , as contained |
15 | | in the approved Program Plan for that
System.
|
16 | | (a-7) An EMT A person currently licensed as an EMT-B , |
17 | | EMT-I, A-EMT, or Paramedic EMT-P
who has successfully completed |
18 | | a Department approved course in the
administration of |
19 | | epinephrine , shall be required to carry epinephrine
with him or |
20 | | her as part of the EMS personnel EMT medical supplies whenever
|
21 | | he or she is performing official the duties as determined by |
22 | | the EMS System of an emergency medical
technician .
|
23 | | (b) An EMR, EMT A person currently licensed as an EMT-B ,
|
24 | | EMT-I, A-EMT, or Paramedic EMT-P may only practice as an EMR, |
25 | | EMT, EMT-I, A-EMT, or Paramedic EMT or utilize his or her EMR, |
26 | | EMT, EMT-I, A-EMT, or Paramedic EMT license
in pre-hospital or |
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1 | | inter-hospital emergency care settings or
non-emergency |
2 | | medical transport situations, under the
written or verbal |
3 | | direction of the EMS Medical Director.
For purposes of this |
4 | | Section, a "pre-hospital emergency care
setting" may include a |
5 | | location, that is not a health care
facility, which utilizes |
6 | | EMS personnel EMTs to render pre-hospital
emergency care prior |
7 | | to the arrival of a transport vehicle.
The location shall |
8 | | include communication equipment and all
of the portable |
9 | | equipment and drugs appropriate for the EMR, EMT, EMT-I, A-EMT, |
10 | | or Paramedic's
EMT's level of care, as required by this Act, |
11 | | rules adopted
by the Department pursuant to this Act, and the |
12 | | protocols of
the EMS Systems, and shall operate only with the |
13 | | approval
and under the direction of the EMS Medical Director.
|
14 | | This Section shall not prohibit an EMR, EMT EMT-B , EMT-I, |
15 | | A-EMT, or Paramedic
EMT-P from practicing within an emergency |
16 | | department or
other health care setting for the purpose of |
17 | | receiving
continuing education or training approved by the EMS |
18 | | Medical
Director. This Section shall also not prohibit an EMT |
19 | | EMT-B ,
EMT-I, A-EMT, or Paramedic EMT-P from seeking |
20 | | credentials other than his or her EMT , EMT-I, A-EMT, or |
21 | | Paramedic
license and utilizing such credentials to work in |
22 | | emergency
departments or other health care settings under the
|
23 | | jurisdiction of that employer.
|
24 | | (c) An EMT A person currently licensed as an EMT-B ,
EMT-I, |
25 | | A-EMT, or Paramedic EMT-P may honor Do Not Resuscitate (DNR) |
26 | | orders and powers
of attorney for health care only in |
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1 | | accordance with rules
adopted by the Department pursuant to |
2 | | this Act and protocols
of the EMS System in which he or she |
3 | | practices.
|
4 | | (d) A student enrolled in a Department approved EMS |
5 | | personnel
emergency medical technician program, while |
6 | | fulfilling the
clinical training and in-field supervised |
7 | | experience
requirements mandated for licensure or approval by |
8 | | the
System and the Department, may perform prescribed |
9 | | procedures
under the direct supervision of a physician licensed |
10 | | to
practice medicine in all of its branches, a qualified
|
11 | | registered professional nurse , or a qualified EMS personnel |
12 | | EMT , only when
authorized by the EMS Medical Director.
|
13 | | (Source: P.A. 92-376, eff. 8-15-01.)
|
14 | | (210 ILCS 50/3.65)
|
15 | | Sec. 3.65. EMS Lead Instructor.
|
16 | | (a) "EMS Lead Instructor" means a person who has
|
17 | | successfully completed a course of education as approved |
18 | | prescribed
by the Department, and who is currently approved by |
19 | | the
Department to coordinate or teach education, training
and |
20 | | continuing education courses, in accordance with
standards |
21 | | prescribed by this Act and rules adopted by the
Department |
22 | | pursuant to this Act.
|
23 | | (b) The Department shall have the authority and
|
24 | | responsibility to:
|
25 | | (1) Prescribe education requirements for EMS
Lead |
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1 | | Instructor candidates through rules adopted pursuant to |
2 | | this
Act.
|
3 | | (2) Prescribe testing requirements for EMS
Lead |
4 | | Instructor candidates through rules adopted pursuant to |
5 | | this
Act.
|
6 | | (3) Charge each candidate for EMS Lead
Instructor a fee |
7 | | to be submitted with an application for an
examination, an |
8 | | application for licensure certification , and an |
9 | | application for relicensure recertification .
|
10 | | (4) Approve individuals as EMS Lead
Instructors who |
11 | | have met the Department's education and testing
|
12 | | requirements.
|
13 | | (5) Require that all education, training and
|
14 | | continuing education courses for EMT EMT-B , EMT-I, A-EMT, |
15 | | Paramedic, PHRN EMT-P,
Pre-Hospital RN , ECRN, EMR, First |
16 | | Responder and Emergency Medical
Dispatcher be coordinated |
17 | | by at least one approved EMS Lead
Instructor. A program |
18 | | which includes education, training or
continuing education |
19 | | for more than one type of personnel may
use one EMS Lead |
20 | | Instructor to coordinate the program, and a
single EMS Lead |
21 | | Instructor may simultaneously coordinate
more than one |
22 | | program or course.
|
23 | | (6) Provide standards and procedures for
awarding EMS |
24 | | Lead Instructor approval to persons previously approved
by |
25 | | the Department to coordinate such courses, based on
|
26 | | qualifications prescribed by the Department through rules
|
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1 | | adopted pursuant to this Act.
|
2 | | (7) Suspend , or revoke , or refuse to issue or renew the |
3 | | approval of an EMS
Lead Instructor, after an opportunity |
4 | | for a hearing, when
findings show one or more of the |
5 | | following:
|
6 | | (A) The EMS Lead Instructor has failed
to conduct a |
7 | | course in accordance with the curriculum
prescribed by |
8 | | this Act and rules adopted by the Department
pursuant |
9 | | to this Act; or
|
10 | | (B) The EMS Lead Instructor has failed
to comply |
11 | | with protocols prescribed by the Department through
|
12 | | rules adopted pursuant to this Act.
|
13 | | (Source: P.A. 96-1469, eff. 1-1-11.)
|
14 | | (210 ILCS 50/3.70)
|
15 | | Sec. 3.70. Emergency Medical Dispatcher.
|
16 | | (a) "Emergency Medical Dispatcher" means a person
who has |
17 | | successfully completed a training course in emergency medical
|
18 | | dispatching meeting or
exceeding the national curriculum of the |
19 | | United States
Department of Transportation in accordance with |
20 | | rules
adopted by the Department pursuant to this Act, who |
21 | | accepts
calls from the public for emergency medical services |
22 | | and
dispatches designated emergency medical services personnel
|
23 | | and vehicles. The Emergency Medical Dispatcher must use the
|
24 | | Department-approved
emergency medical dispatch priority |
25 | | reference system (EMDPRS) protocol
selected for use by its |
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1 | | agency and approved by its EMS medical director. This
protocol |
2 | | must be used by an emergency medical dispatcher in an emergency
|
3 | | medical dispatch agency to dispatch aid to medical emergencies |
4 | | which includes
systematized caller interrogation questions; |
5 | | systematized prearrival support
instructions; and systematized |
6 | | coding protocols that match the dispatcher's
evaluation of the |
7 | | injury or illness severity with the vehicle response mode and
|
8 | | vehicle response configuration and includes an appropriate |
9 | | training curriculum
and testing process consistent with the |
10 | | specific EMDPRS protocol used by the
emergency medical dispatch |
11 | | agency. Prearrival support instructions shall
be provided in a |
12 | | non-discriminatory manner and shall be provided in accordance
|
13 | | with the EMDPRS established by the EMS medical director of the |
14 | | EMS system in
which the EMD operates. If the dispatcher
|
15 | | operates under the authority of an Emergency Telephone
System |
16 | | Board established under the Emergency Telephone
System Act, the |
17 | | protocols shall be established by such Board
in consultation |
18 | | with the EMS Medical Director. Persons who
have already |
19 | | completed a course of instruction in emergency
medical dispatch |
20 | | based on, equivalent to or exceeding the
national curriculum of |
21 | | the United States Department of
Transportation, or as otherwise |
22 | | approved by the Department,
shall be considered Emergency |
23 | | Medical Dispatchers on the
effective date of this amendatory |
24 | | Act.
|
25 | | (b) The Department shall have the authority and
|
26 | | responsibility to:
|
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1 | | (1) Require licensure and relicensure certification |
2 | | and recertification of a person who meets the
training and |
3 | | other requirements as an emergency medical dispatcher |
4 | | pursuant to
this Act.
|
5 | | (2) Require licensure and relicensure certification |
6 | | and recertification of a person, organization,
or |
7 | | government agency that operates an emergency medical |
8 | | dispatch agency that
meets
the minimum standards |
9 | | prescribed by the Department for an emergency medical
|
10 | | dispatch agency pursuant to this Act.
|
11 | | (3) Prescribe minimum education and continuing
|
12 | | education
requirements for the
Emergency Medical |
13 | | Dispatcher, which meet standards specified by the
national |
14 | | curriculum of the United States Department of
|
15 | | Transportation, through rules adopted pursuant to this |
16 | | Act.
|
17 | | (4) Require each EMS Medical Director to report to the |
18 | | Department
whenever
an
action has taken place that may |
19 | | require the revocation or suspension of a license
|
20 | | certificate issued by the Department.
|
21 | | (5) Require each EMD to provide
prearrival
|
22 | | instructions in compliance with protocols selected and |
23 | | approved by the system's
EMS
medical director and approved |
24 | | by the Department.
|
25 | | (6) Require the Emergency Medical Dispatcher
to keep |
26 | | the Department currently informed as to the entity or
|
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|
1 | | agency that employs or supervises his activities as an
|
2 | | Emergency Medical Dispatcher.
|
3 | | (7) Establish an annual relicensure recertification |
4 | | requirement
that requires at least 12 hours of medical
|
5 | | dispatch-specific continuing education as prescribed by |
6 | | the Department through rules adopted pursuant to this Act
|
7 | | each year .
|
8 | | (8) Approve all EMDPRS protocols used by emergency |
9 | | medical dispatch
agencies to assure compliance with |
10 | | national standards.
|
11 | | (9) Require that Department-approved emergency medical |
12 | | dispatch training
programs are conducted in accordance |
13 | | with national standards.
|
14 | | (10) Require that the emergency medical dispatch |
15 | | agency be operated in
accordance with national standards, |
16 | | including, but not limited to, (i) the use
on every
request |
17 | | for medical assistance of an emergency medical dispatch |
18 | | priority
reference
system (EMDPRS) in accordance with |
19 | | Department-approved policies and procedures
and
(ii) under |
20 | | the approval and supervision of the EMS medical director, |
21 | | the
establishment of
a continuous quality improvement |
22 | | program.
|
23 | | (11) Require that a person may not represent himself or |
24 | | herself, nor may
an
agency or business represent an agent |
25 | | or employee of that agency or business,
as
an emergency |
26 | | medical dispatcher unless licensed certified by the |
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1 | | Department as an
emergency medical dispatcher.
|
2 | | (12) Require that a person, organization, or |
3 | | government agency not
represent itself as an emergency |
4 | | medical dispatch agency unless the person,
organization, |
5 | | or government agency is certified by the Department as an
|
6 | | emergency medical dispatch agency.
|
7 | | (13) Require that a person, organization, or |
8 | | government agency may not
offer
or conduct a training |
9 | | course that is represented as a course for an emergency
|
10 | | medical dispatcher unless the person, organization, or |
11 | | agency is approved by
the Department to offer or conduct |
12 | | that course.
|
13 | | (14) Require that Department-approved emergency |
14 | | medical dispatcher
training programs are conducted by |
15 | | instructors licensed by the Department who:
|
16 | | (i) are, at a minimum, licensed certified as |
17 | | emergency medical dispatchers;
|
18 | | (ii) have completed a Department-approved course |
19 | | on methods of
instruction;
|
20 | | (iii) have previous experience in a medical |
21 | | dispatch agency; and
|
22 | | (iv) have demonstrated experience as an EMS |
23 | | instructor.
|
24 | | (15) Establish criteria for modifying or
waiving |
25 | | Emergency Medical Dispatcher requirements based on (i) the |
26 | | scope
and frequency of dispatch activities and the |
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1 | | dispatcher's
access to training or (ii) whether the |
2 | | previously-attended dispatcher
training program merits |
3 | | automatic relicensure recertification for the dispatcher.
|
4 | | (16) Charge each Emergency Medical Dispatcher |
5 | | applicant a fee for licensure and license renewal. |
6 | | (c) The Department shall have the authority to suspend, |
7 | | revoke, or refuse to issue or renew the license of an EMD when, |
8 | | after notice and the opportunity for an impartial hearing, the |
9 | | Department demonstrates that the licensee has violated this |
10 | | Act, violated the rules adopted by the Department, or failed to |
11 | | comply with the applicable standard of care. |
12 | | (Source: P.A. 96-1469, eff. 1-1-11.)
|
13 | | (210 ILCS 50/3.75)
|
14 | | Sec. 3.75. Trauma Nurse Specialist (TNS) licensure |
15 | | Certification .
|
16 | | (a) "Trauma Nurse Specialist" or "TNS"
means a registered |
17 | | professional nurse licensed under the Nurse Practice Act who |
18 | | has successfully completed supplemental
education and testing |
19 | | requirements as prescribed by the
Department, and is licensed |
20 | | certified by the Department in accordance
with rules adopted by |
21 | | the Department pursuant to this Act. For out-of-state |
22 | | facilities that have Illinois recognition under the EMS, |
23 | | trauma, or pediatric programs, the professional shall have an |
24 | | unencumbered registered nurse license in the state in which he |
25 | | or she practices. In this Section, the term "license" is used |
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1 | | to reflect a change in terminology from "certification" to |
2 | | "license" only.
|
3 | | (b) The Department shall have the authority and
|
4 | | responsibility to:
|
5 | | (1) Establish criteria for TNS training
sites, through |
6 | | rules adopted pursuant to this Act;
|
7 | | (2) Prescribe education and testing
requirements for |
8 | | TNS candidates, which shall include an opportunity for |
9 | | licensure
certification based on examination only, through |
10 | | rules
adopted pursuant to this Act;
|
11 | | (3) Charge each candidate for TNS licensure
|
12 | | certification a fee to be submitted with an application for |
13 | | a licensure certification
examination, an application for |
14 | | licensure certification , and an application for |
15 | | relicensure recertification ;
|
16 | | (4) License Certify an individual as a TNS who has
met |
17 | | the Department's education and testing requirements;
|
18 | | (5) Prescribe relicensure recertification requirements
|
19 | | through rules adopted pursuant to this Act;
|
20 | | (6) Relicense Recertify an individual as a TNS every
4 |
21 | | years, based on compliance with relicensure |
22 | | recertification
requirements;
|
23 | | (7) Grant inactive status to any TNS who
qualifies, |
24 | | based on standards and procedures established by
the |
25 | | Department in rules adopted pursuant to this Act; and
|
26 | | (8) Suspend, revoke , or refuse to issue or renew deny |
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1 | | renewal of the license
certification of a TNS, after an |
2 | | opportunity for hearing by
the Department, if findings show |
3 | | that the TNS has failed to
maintain proficiency in the |
4 | | level of skills for which the
TNS is licensed certified or |
5 | | has failed to comply with relicensure
recertification |
6 | | requirements.
|
7 | | (Source: P.A. 96-1469, eff. 1-1-11.)
|
8 | | (210 ILCS 50/3.80)
|
9 | | Sec. 3.80. Pre-Hospital Registered Nurse RN and Emergency |
10 | | Communications Registered Nurse.
|
11 | | (a) " Emergency Communications Registered Nurse " or
"ECRN" |
12 | | means a registered professional nurse licensed under
the Nurse |
13 | | Practice Act who
has
successfully completed supplemental |
14 | | education in accordance
with rules adopted by the Department, |
15 | | and who is approved by
an EMS Medical Director to monitor |
16 | | telecommunications from
and give voice orders to EMS System |
17 | | personnel, under the
authority of the EMS Medical Director and |
18 | | in accordance with
System protocols. For out-of-state |
19 | | facilities that have Illinois recognition under the EMS, trauma |
20 | | or pediatric programs, the professional shall have an |
21 | | unencumbered registered nurse license in the state in which he |
22 | | or she practices. In this Section, the term "license" is used |
23 | | to reflect a change in terminology from "certification" to |
24 | | "license" only.
|
25 | | Upon the effective date of this amendatory Act of 1995, all
|
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1 | | existing Registered Professional Nurse/MICNs shall be
|
2 | | considered ECRNs.
|
3 | | (b) "Pre-Hospital Registered Nurse" , or "PHRN", or |
4 | | "Pre-Hospital RN" means a registered professional nurse |
5 | | licensed under
the Nurse Practice Act who has
successfully |
6 | | completed supplemental education in accordance
with rules |
7 | | adopted by the Department pursuant to this Act,
and who is |
8 | | approved by an EMS Medical Director to practice
within an |
9 | | Illinois EMS System as emergency medical services personnel
for |
10 | | pre-hospital and inter-hospital emergency care and
|
11 | | non-emergency medical transports. For out-of-state facilities |
12 | | that have Illinois recognition under the EMS, trauma or |
13 | | pediatric programs, the professional shall have an |
14 | | unencumbered registered nurse license in the state in which he |
15 | | or she practices. In this Section, the term "license" is used |
16 | | to reflect a change in terminology from "certification" to |
17 | | "license" only.
|
18 | | Upon the effective date of this amendatory Act of 1995, all
|
19 | | existing Registered Professional Nurse/Field RNs shall be
|
20 | | considered Pre-Hospital RNs.
|
21 | | (c) The Department shall have the authority and
|
22 | | responsibility to:
|
23 | | (1) Prescribe education and continuing education
|
24 | | requirements for Pre-Hospital Registered Nurse RN and ECRN |
25 | | candidates through
rules adopted pursuant to this Act:
|
26 | | (A) Education for Pre-Hospital Registered Nurse RN |
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1 | | shall
include extrication, telecommunications, and |
2 | | pre-hospital
cardiac , medical, and trauma care;
|
3 | | (B) Education for ECRN shall include
|
4 | | telecommunications, System standing medical orders and |
5 | | the
procedures and protocols established by the EMS |
6 | | Medical
Director;
|
7 | | (C) A Pre-Hospital Registered Nurse RN candidate |
8 | | who is
fulfilling clinical training and in-field |
9 | | supervised
experience requirements may perform |
10 | | prescribed procedures
under the direct supervision of |
11 | | a physician licensed to
practice medicine in all of its |
12 | | branches, a qualified
registered professional nurse or |
13 | | a qualified EMT, only when
authorized by the EMS |
14 | | Medical Director;
|
15 | | (D) An EMS Medical Director may impose in-field |
16 | | supervised field
experience requirements on System
|
17 | | ECRNs as part of their training or continuing |
18 | | education, in
which they perform prescribed procedures |
19 | | under the direct
supervision of a physician licensed to |
20 | | practice medicine in
all of its branches, a qualified |
21 | | registered professional
nurse , or qualified EMS |
22 | | personnel EMT , only when authorized by the EMS
Medical |
23 | | Director;
|
24 | | (2) Require EMS Medical Directors to
reapprove |
25 | | Pre-Hospital Registered Nurses RNs and ECRNs every 4 years, |
26 | | based on
compliance with continuing education requirements |
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|
1 | | prescribed
by the Department through rules adopted |
2 | | pursuant to this
Act;
|
3 | | (3) Allow EMS Medical Directors to grant
inactive |
4 | | status to any Pre-Hospital Registered Nurse RN or ECRN who |
5 | | qualifies, based
on standards and procedures established |
6 | | by the Department in
rules adopted pursuant to this Act;
|
7 | | (4) Require a Pre-Hospital Registered Nurse RN to honor |
8 | | Do Not
Resuscitate (DNR) orders and powers of attorney for |
9 | | health
care only in accordance with rules adopted by the |
10 | | Department
pursuant to this Act and protocols of the EMS |
11 | | System in
which he or she practices;
|
12 | | (5) Charge each Pre-Hospital Registered Nurse RN |
13 | | applicant and ECRN applicant a fee for licensure and |
14 | | relicensure certification and recertification . |
15 | | (d) The Department shall have the authority to suspend, |
16 | | revoke, or refuse to issue or renew a Department-issued PHRN or |
17 | | ECRN license when, after notice and the opportunity for a |
18 | | hearing, the Department demonstrates that the licensee has |
19 | | violated this Act, violated the rules adopted by the |
20 | | Department, or failed to comply with the applicable standards |
21 | | of care. |
22 | | (Source: P.A. 95-639, eff. 10-5-07; 96-1469, eff. 1-1-11.)
|
23 | | (210 ILCS 50/3.130)
|
24 | | Sec. 3.130. Facility, system, and equipment violations; |
25 | | Plans of Correction. Except for emergency suspension orders, or |
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| | SB3414 Enrolled | - 125 - | LRB098 16189 RPS 55673 b |
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|
1 | | actions
initiated pursuant to Sections 3.117(a), 3.117(b), and |
2 | | 3.90(b)(10) of this Act, prior
to initiating an action in |
3 | | response to a facility, system, or equipment violation for |
4 | | suspension, revocation, denial,
nonrenewal, or imposition of a |
5 | | fine pursuant to this Act ,
the Department shall:
|
6 | | (a) Issue a Notice of Violation which specifies
the |
7 | | Department's allegations of noncompliance and requests a
plan |
8 | | of correction to be submitted within 10 days after
receipt of |
9 | | the Notice of Violation;
|
10 | | (b) Review and approve or reject the plan of
correction. If |
11 | | the Department rejects the plan of
correction, it shall send |
12 | | notice of the rejection and the
reason for the rejection. The |
13 | | party shall have 10 days
after receipt of the notice of |
14 | | rejection in which to submit
a modified plan;
|
15 | | (c) Impose a plan of correction if a modified plan
is not |
16 | | submitted in a timely manner or if the modified plan is
|
17 | | rejected by the Department;
|
18 | | (d) Issue a Notice of Intent to fine, suspend,
revoke, |
19 | | nonrenew or deny if the party has failed to comply with the
|
20 | | imposed plan of correction, and provide the party with an
|
21 | | opportunity to request an administrative hearing. The
Notice of |
22 | | Intent shall be effected by certified mail or by
personal |
23 | | service, shall set forth the particular reasons for
the |
24 | | proposed action, and shall provide the party with 15
days in |
25 | | which to request a hearing.
|
26 | | (Source: P.A. 96-514, eff. 1-1-10; 96-1469, eff. 1-1-11.)
|
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1 | | (210 ILCS 50/3.140)
|
2 | | Sec. 3.140. Violations; Fines.
|
3 | | (a) The Department shall have the authority to
impose fines |
4 | | on any licensed vehicle service provider, stretcher van |
5 | | provider, designated
trauma center, resource hospital, |
6 | | associate hospital, or
participating hospital.
|
7 | | (b) The Department shall adopt rules pursuant to
this Act |
8 | | which establish a system of fines related to the type
and level |
9 | | of violation or repeat violation, including but
not limited to:
|
10 | | (1) A fine not exceeding $10,000 for a
violation which |
11 | | created a condition or occurrence presenting a
substantial |
12 | | probability that death or serious harm to an
individual |
13 | | will or did result therefrom; and
|
14 | | (2) A fine not exceeding $5,000 for a
violation which |
15 | | creates or created a condition or occurrence which
|
16 | | threatens the health, safety or welfare of an individual.
|
17 | | (c) A Notice of Intent to Impose Fine may be
issued in |
18 | | conjunction with or in lieu of a Notice of Intent to
Suspend, |
19 | | Revoke, Nonrenew or Deny, and shall conform to the
requirements |
20 | | specified in Section 3.130(d) of this Act. All
Hearings |
21 | | conducted pursuant to a Notice of Intent to Impose
Fine shall |
22 | | conform to the requirements specified in
Section 3.135 of this |
23 | | Act.
|
24 | | (d) All fines collected pursuant to this Section
shall be |
25 | | deposited into the EMS Assistance Fund.
|
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1 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
2 | | (210 ILCS 50/3.165)
|
3 | | Sec. 3.165. Misrepresentation.
|
4 | | (a) No person shall hold himself or herself out to be or |
5 | | engage
in the practice of an EMS Medical Director, EMS
|
6 | | Administrative Director, EMS System Coordinator, EMR, EMD, |
7 | | EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, TNS, or LI EMT, |
8 | | Trauma
Nurse Specialist, Pre-Hospital RN, Emergency |
9 | | Communications
Registered Nurse, EMS Lead Instructor, |
10 | | Emergency Medical
Dispatcher or First Responder without being |
11 | | licensed,
certified, approved or otherwise authorized pursuant |
12 | | to this
Act.
|
13 | | (b) A hospital or other entity which employs or
utilizes an |
14 | | EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic EMT in a manner which |
15 | | is outside the scope of
his or her EMT license shall not use |
16 | | the words "emergency medical responder", "EMR", "emergency |
17 | | medical technician", "EMT", "emergency medical |
18 | | technician-intermediate", "EMT-I", "advanced emergency medical |
19 | | technician", "A-EMT", or "Paramedic" "emergency medical
|
20 | | technician", "EMT" or "paramedic" in that person's job
|
21 | | description or title, or in any other manner hold that
person |
22 | | out to be so licensed an emergency medical technician .
|
23 | | (c) No provider or participant within an EMS
System shall |
24 | | hold itself out as providing a type or level of
service that |
25 | | has not been approved by that System's EMS
Medical Director.
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| | SB3414 Enrolled | - 128 - | LRB098 16189 RPS 55673 b |
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1 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
2 | | (210 ILCS 50/3.170)
|
3 | | Sec. 3.170. Falsification of Documents. No person shall |
4 | | fabricate any license or knowingly enter any false information
|
5 | | on any application form, run sheet, record or other document
|
6 | | required to be completed or submitted pursuant to this Act
or |
7 | | any rule adopted pursuant to this Act, or knowingly
submit any |
8 | | application form, run sheet, record or other
document which |
9 | | contains false information.
|
10 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
11 | | (210 ILCS 50/3.180)
|
12 | | Sec. 3.180. Injunctions. Notwithstanding the existence or |
13 | | pursuit of any other
remedy, the Director may, through the |
14 | | Attorney General, seek
an injunction:
|
15 | | (a) To restrain or prevent any person or entity
from |
16 | | functioning, practicing or operating without a license,
|
17 | | certification, classification, approval, permit, designation
|
18 | | or authorization required by this Act;
|
19 | | (b) To restrain or prevent any person, institution
or |
20 | | governmental unit from representing itself to be a trauma
|
21 | | center after the effective date of this amendatory Act of 1995 |
22 | | without
designation as such
pursuant to this Act;
|
23 | | (c) To restrain or prevent any hospital or other
entity |
24 | | which employs or utilizes an EMR, EMT, EMT-I, A-EMT, or |
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| | SB3414 Enrolled | - 129 - | LRB098 16189 RPS 55673 b |
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1 | | Paramedic EMT in a manner which is
outside the scope of his or |
2 | | her EMT license from representing that
person to be an EMR, |
3 | | EMT, EMT-I, A-EMT, or Paramedic EMT .
|
4 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
5 | | (210 ILCS 50/3.200)
|
6 | | Sec. 3.200. State Emergency Medical Services Advisory
|
7 | | Council. |
8 | | (a) There shall be established within the Department
of |
9 | | Public Health a State Emergency Medical Services Advisory
|
10 | | Council, which shall serve as an advisory body to the
|
11 | | Department on matters related to this Act.
|
12 | | (b) Membership of the Council shall include one
|
13 | | representative from each EMS Region, to be appointed by each
|
14 | | region's EMS Regional Advisory Committee. The Governor
shall |
15 | | appoint additional members to the Council as necessary
to |
16 | | insure that the Council includes one representative from
each |
17 | | of the following categories:
|
18 | | (1) EMS Medical Director,
|
19 | | (2) Trauma Center Medical Director,
|
20 | | (3) Licensed, practicing physician with
regular and |
21 | | frequent involvement in the provision of emergency care,
|
22 | | (4) Licensed, practicing physician with
special |
23 | | expertise in the surgical care of the trauma patient,
|
24 | | (5) EMS System Coordinator,
|
25 | | (6) TNS,
|
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| | SB3414 Enrolled | - 130 - | LRB098 16189 RPS 55673 b |
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1 | | (7) Paramedic EMT-P ,
|
2 | | (7.5) A-EMT,
|
3 | | (8) EMT-I,
|
4 | | (9) EMT EMT-B ,
|
5 | | (10) Private vehicle service provider,
|
6 | | (11) Law enforcement officer,
|
7 | | (12) Chief of a public vehicle service provider,
|
8 | | (13) Statewide firefighters' union member
affiliated |
9 | | with a vehicle service provider,
|
10 | | (14) Administrative representative from a fire
|
11 | | department vehicle service provider in a municipality with |
12 | | a
population of over 2 million people;
|
13 | | (15) Administrative representative from a
Resource |
14 | | Hospital or EMS System Administrative Director.
|
15 | | (c) Members Of the members first appointed, 5 members
shall |
16 | | be appointed for a term of one year, 5 members shall be
|
17 | | appointed for a term of 2 years, and the remaining members
|
18 | | shall be appointed for a term of 3 years. The terms of
|
19 | | subsequent appointees shall be 3 years. All appointees
shall |
20 | | serve until their successors are appointed and
qualified.
|
21 | | (d) The Council shall be provided a 90-day period
in which |
22 | | to review and comment, in consultation with the subcommittee to |
23 | | which the rules are relevant, upon all rules proposed by the
|
24 | | Department pursuant to this Act, except for rules adopted
|
25 | | pursuant to Section 3.190(a) of this Act, rules submitted to
|
26 | | the State Trauma Advisory Council and emergency rules
adopted |
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| | SB3414 Enrolled | - 131 - | LRB098 16189 RPS 55673 b |
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|
1 | | pursuant to Section 5-45 of the Illinois
Administrative |
2 | | Procedure Act. The 90-day review and comment
period may |
3 | | commence upon the Department's submission of the
proposed rules |
4 | | to the individual Council members, if the
Council is not |
5 | | meeting at the time the proposed rules are
ready for Council |
6 | | review. Any non-emergency rules adopted
prior to the Council's |
7 | | 90-day review and comment period
shall be null and void. If the |
8 | | Council fails to advise the
Department within its 90-day review |
9 | | and comment period, the
rule shall be considered acted upon.
|
10 | | (e) Council members shall be reimbursed for
reasonable |
11 | | travel expenses incurred during the performance of their
duties |
12 | | under this Section.
|
13 | | (f) The Department shall provide administrative
support to |
14 | | the Council for the preparation of the agenda and
minutes for |
15 | | Council meetings and distribution of proposed
rules to Council |
16 | | members.
|
17 | | (g) The Council shall act pursuant to bylaws which
it |
18 | | adopts, which shall include the annual election of a Chair
and |
19 | | Vice-Chair.
|
20 | | (h) The Director or his designee shall be present
at all |
21 | | Council meetings.
|
22 | | (i) Nothing in this Section shall preclude the
Council from |
23 | | reviewing and commenting on proposed rules which fall
under the |
24 | | purview of the State Trauma Advisory Council.
|
25 | | (Source: P.A. 96-514, eff. 1-1-10.)
|
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| | SB3414 Enrolled | - 132 - | LRB098 16189 RPS 55673 b |
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|
1 | | (210 ILCS 50/3.205)
|
2 | | Sec. 3.205. State Trauma Advisory Council.
|
3 | | (a) There shall be established within the Department
of |
4 | | Public Health a State Trauma Advisory Council, which
shall |
5 | | serve as an advisory body to the Department on matters
related |
6 | | to trauma care and trauma centers.
|
7 | | (b) Membership of the Council shall include one
|
8 | | representative from each Regional Trauma Advisory Committee,
|
9 | | to be appointed by each Committee. The Governor shall
appoint |
10 | | the following additional members:
|
11 | | (1) An EMS Medical Director,
|
12 | | (2) A trauma center medical director,
|
13 | | (3) A trauma surgeon,
|
14 | | (4) A trauma nurse coordinator,
|
15 | | (5) A representative from a private vehicle
service |
16 | | provider,
|
17 | | (6) A representative from a public vehicle
service |
18 | | provider,
|
19 | | (7) A member of the State EMS Advisory Council, and
|
20 | | (8) A neurosurgeon.
|
21 | | (c) Members Of the members first appointed, 5 members
shall |
22 | | be appointed for a term of one year, 5 members shall be
|
23 | | appointed for a term of 2 years, and the remaining members
|
24 | | shall be appointed for a term of 3 years. The terms of
|
25 | | subsequent appointees shall be 3 years. All appointees
shall |
26 | | serve until their successors are appointed and
qualified.
|
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1 | | (d) The Council shall be provided a 90-day period in
which |
2 | | to review and comment upon all rules proposed by the
Department |
3 | | pursuant to this Act concerning trauma care,
except for |
4 | | emergency rules adopted pursuant to Section 5-45
of the |
5 | | Illinois Administrative Procedure Act. The 90-day
review and |
6 | | comment period may commence upon the Department's
submission of |
7 | | the proposed rules to the individual Council
members, if the |
8 | | Council is not meeting at the time the
proposed rules are ready |
9 | | for Council review. Any non-emergency rules adopted
prior to |
10 | | the Council's 90-day review
and comment period shall be null |
11 | | and void. If the Council
fails to advise the Department within |
12 | | its 90-day review and
comment period, the rule shall be |
13 | | considered acted upon;
|
14 | | (e) Council members shall be reimbursed for
reasonable |
15 | | travel expenses incurred during the performance of their
duties |
16 | | under this Section.
|
17 | | (f) The Department shall provide administrative
support to |
18 | | the Council for the preparation of the agenda and
minutes for |
19 | | Council meetings and distribution of proposed
rules to Council |
20 | | members.
|
21 | | (g) The Council shall act pursuant to bylaws which
it |
22 | | adopts, which shall include the annual election of a Chair
and |
23 | | Vice-Chair.
|
24 | | (h) The Director or his designee shall be present
at all |
25 | | Council meetings.
|
26 | | (i) Nothing in this Section shall preclude the
Council from |
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| | SB3414 Enrolled | - 134 - | LRB098 16189 RPS 55673 b |
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|
1 | | reviewing and commenting on proposed rules which fall
under the |
2 | | purview of the State EMS Advisory Council.
|
3 | | (Source: P.A. 90-655, eff. 7-30-98; 91-743, eff. 6-2-00.)
|
4 | | (210 ILCS 50/3.210)
|
5 | | Sec. 3.210. EMS Medical Consultant. If the Chief of the |
6 | | Department's Division of Emergency
Medical Services and |
7 | | Highway Safety is not a physician
licensed to practice medicine |
8 | | in all of its branches, with
extensive emergency medical |
9 | | services experience, and
certified by the American Board of |
10 | | Emergency Medicine or the Osteopathic
American Board of |
11 | | Osteopathic Emergency Medicine, then the
Director shall |
12 | | appoint such a physician to serve as EMS
Medical Consultant to |
13 | | the Division Chief.
|
14 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
15 | | Section 30. The Boxing and Full-contact Martial Arts Act is |
16 | | amended by changing Section 12 as follows:
|
17 | | (225 ILCS 105/12) (from Ch. 111, par. 5012)
|
18 | | (Section scheduled to be repealed on January 1, 2022)
|
19 | | Sec. 12. Professional or amateur contests. |
20 | | (a) The professional or amateur contest, or a combination |
21 | | of both,
shall be held in an area where adequate neurosurgical
|
22 | | facilities are immediately available for skilled emergency
|
23 | | treatment of an injured professional or amateur. |
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1 | | (b) Each professional or amateur shall be examined before |
2 | | the contest
and promptly after each bout by a physician. The |
3 | | physician
shall determine, prior to
the contest, if each |
4 | | professional or amateur is physically fit to compete in the |
5 | | contest.
After the bout the physician shall examine the |
6 | | professional or amateur to
determine
possible injury. If the |
7 | | professional's or amateur's physical condition so indicates, |
8 | | the
physician shall recommend to the Department immediate |
9 | | medical suspension. The physician or a licensed paramedic |
10 | | emergency medical technician-paramedic (EMT-P) must check the |
11 | | vital signs of all contestants as established by rule. |
12 | | (c)
The physician may, at any time during the professional |
13 | | or amateur bout, stop the professional or amateur bout to
|
14 | | examine a professional or amateur contestant and may direct the |
15 | | referee to terminate the bout when, in the physician's opinion,
|
16 | | continuing the bout could result in serious injury to the |
17 | | professional or amateur. If the professional's or amateur's |
18 | | physical condition so indicates, the physician shall recommend |
19 | | to the Department immediate medical suspension. The
physician |
20 | | shall certify to the condition of the professional or amateur |
21 | | in writing, over
his signature on forms provided by the |
22 | | Department. Such reports shall
be submitted to the Department |
23 | | in a timely manner.
|
24 | | (d) No professional or amateur contest, or a combination of
|
25 | | both, shall be allowed to begin or be held unless
at least one |
26 | | physician, at least one EMT and one paramedic EMT-P , and one |
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1 | | ambulance have been contracted
with solely for the care of |
2 | | professionals or amateurs who are competing as defined by rule.
|
3 | | (e) No professional boxing bout shall be more than 12 |
4 | | rounds in length. The rounds
shall not
be more than 3 minutes |
5 | | each with a one minute interval between them, and
no |
6 | | professional boxer shall be allowed to participate in more than |
7 | | one contest within a 7-day period. |
8 | | The number and length of rounds for all other professional |
9 | | or amateur boxing or full-contact martial
arts contests, or a |
10 | | combination of both, shall be determined by rule. |
11 | | (f) The number and types of officials required for each |
12 | | professional or amateur contest, or a combination of both, |
13 | | shall be determined by rule.
|
14 | | (g) The Department or its representative shall have
|
15 | | discretion to declare
a price, remuneration,
or purse or any |
16 | | part of it belonging to the professional withheld if in the
|
17 | | judgment of the Department or its representative the |
18 | | professional
is not honestly competing. |
19 | | (h)
The Department shall have the authority to prevent a |
20 | | professional or amateur contest, or a combination of
both,
from |
21 | | being held and shall have the authority to stop a professional |
22 | | or amateur contest, or a combination of
both, for noncompliance
|
23 | | with any part of this Act or rules or when, in the judgment of |
24 | | the Department,
or its representative, continuation of the |
25 | | event would endanger the health,
safety, and welfare of the |
26 | | professionals or amateurs or spectators. The Department's |
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1 | | authority to stop a contest on the basis that the professional |
2 | | or amateur contest, or a combination of
both, would endanger |
3 | | the health, safety, and welfare of the professionals or |
4 | | amateurs or spectators shall extend to any professional or |
5 | | amateur contest, or a combination of
both, regardless of |
6 | | whether that amateur contest is exempted from the prohibition |
7 | | in Section 6 of this Act. Department staff, or its |
8 | | representative, may be present at any full-contact martial arts |
9 | | contest with scheduled amateur bouts.
|
10 | | (Source: P.A. 97-119, eff. 7-14-11.)
|
11 | | Section 35. The Abandoned Newborn Infant Protection Act is |
12 | | amended by changing Section 10 as follows: |
13 | | (325 ILCS 2/10)
|
14 | | Sec. 10. Definitions. In this Act:
|
15 | | "Abandon" has the same meaning as in the Abused and |
16 | | Neglected
Child Reporting Act.
|
17 | | "Abused child" has the same meaning as in the Abused and |
18 | | Neglected
Child Reporting Act.
|
19 | | "Child-placing agency" means a licensed public or private |
20 | | agency
that receives a child for the purpose of placing or |
21 | | arranging
for the placement of the child in a foster family |
22 | | home or
other facility for child care, apart from the custody |
23 | | of the child's
parents.
|
24 | | "Department" or "DCFS" means the Illinois Department of |
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1 | | Children and
Family Services.
|
2 | | "Emergency medical facility" means a freestanding |
3 | | emergency center or
trauma center, as defined in the Emergency |
4 | | Medical Services (EMS) Systems
Act.
|
5 | | "Emergency medical professional" includes licensed |
6 | | physicians, and any
emergency medical technician |
7 | | technician-basic , emergency medical
technician-intermediate, |
8 | | advanced emergency medical technician, paramedic emergency |
9 | | medical technician-paramedic ,
trauma nurse specialist, and |
10 | | pre-hospital registered nurse RN , as defined in the
Emergency |
11 | | Medical Services (EMS) Systems Act.
|
12 | | "Fire station" means a fire station within the State with |
13 | | at least one staff person.
|
14 | | "Hospital" has the same meaning as in the Hospital |
15 | | Licensing Act.
|
16 | | "Legal custody" means the relationship created by a court |
17 | | order in
the best interest of a newborn infant that imposes on |
18 | | the infant's custodian
the responsibility of physical |
19 | | possession of the infant, the duty to
protect, train, and |
20 | | discipline the infant, and the duty to provide the infant
with |
21 | | food,
shelter, education, and medical care, except as these are |
22 | | limited by
parental rights and responsibilities.
|
23 | | "Neglected child" has the same meaning as in the Abused and
|
24 | | Neglected Child Reporting Act.
|
25 | | "Newborn infant" means a child who a licensed physician |
26 | | reasonably
believes is 30 days old or less at the time the |
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1 | | child is
initially relinquished to a hospital, police station, |
2 | | fire station, or
emergency
medical facility, and who is not an |
3 | | abused or a neglected child.
|
4 | | "Police station" means a municipal police station, a county |
5 | | sheriff's
office, a campus police department located on any |
6 | | college or university owned or controlled by the State or any |
7 | | private college or private university that is not owned or |
8 | | controlled by the State when employees of the campus police |
9 | | department are present, or any of the district headquarters of |
10 | | the Illinois State Police.
|
11 | | "Relinquish" means to bring a newborn infant, who a
|
12 | | licensed physician reasonably believes is 30 days old or less,
|
13 | | to a hospital, police station, fire station, or emergency |
14 | | medical facility
and
to leave the infant with personnel of the |
15 | | facility, if the person leaving the
infant does not express an |
16 | | intent to return for the
infant or states that he or she will |
17 | | not return for the infant.
In the case of a mother who gives |
18 | | birth to an infant in a hospital,
the mother's act of leaving |
19 | | that newborn infant at the
hospital (i) without expressing an |
20 | | intent to return for the infant or (ii)
stating that she will |
21 | | not return for the infant is not a "relinquishment" under
this |
22 | | Act.
|
23 | | "Temporary protective custody" means the temporary |
24 | | placement of
a newborn infant within a hospital or other |
25 | | medical facility out of the
custody of the infant's parent.
|
26 | | (Source: P.A. 96-345, eff. 1-1-10; 97-293, eff. 8-11-11.)
|
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1 | | Section 40. The Coal Mine Medical Emergencies Act is |
2 | | amended by changing Section 2 as follows:
|
3 | | (410 ILCS 15/2) (from Ch. 96 1/2, par. 3952)
|
4 | | Sec. 2. As used in this Act, unless the context clearly |
5 | | otherwise requires:
|
6 | | (a) "Emergency medical technician" means a person who has |
7 | | successfully
completed the course on emergency first-aid care |
8 | | and transportation of the
sick and injured recommended by the |
9 | | American Academy of Orthopedic Surgeons,
or the equivalent |
10 | | thereof, and has been licensed certified by the Department of |
11 | | Public
Health to provide emergency care.
|
12 | | (b) "Mine" means any surface coal mine or underground coal |
13 | | mine, as defined
in Section 1.03 of "The Coal Mining Act of |
14 | | 1953".
|
15 | | (Source: P.A. 80-294.)
|
16 | | Section 45. The AIDS Confidentiality Act is amended by |
17 | | changing Sections 7 and 9 as follows: |
18 | | (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307) |
19 | | Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
|
20 | | and 6 of this Act, informed consent is not required for a |
21 | | health
care provider or health facility to perform a test when |
22 | | the health care
provider or health facility procures, |
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1 | | processes, distributes or uses a
human body part donated for a |
2 | | purpose specified under the Illinois
Anatomical Gift Act, or |
3 | | semen provided prior to the effective date of this
Act for the |
4 | | purpose of artificial insemination, and such a test is
|
5 | | necessary to assure medical acceptability of such gift or semen |
6 | | for the
purposes intended.
|
7 | | (b) Informed consent is not required for a health care
|
8 | | provider or health facility to perform a test when a health |
9 | | care provider
or employee of a health facility, or a |
10 | | firefighter or an EMR, EMT EMT-A , EMT-I , A-EMT, paramedic, or |
11 | | PHRN EMT-P ,
is involved in an accidental direct skin or mucous |
12 | | membrane contact with
the blood or bodily fluids of an |
13 | | individual which is of a nature that may
transmit HIV, as |
14 | | determined by a physician in his medical judgment. Should
such |
15 | | test prove to be positive, the patient and the health care |
16 | | provider,
health facility employee, firefighter, EMR, EMT |
17 | | EMT-A , EMT-I, A-EMT, paramedic, or PHRN EMT-P shall be
provided |
18 | | appropriate counseling consistent with this Act.
|
19 | | (c) Informed consent is not required for a health care
|
20 | | provider or health facility to perform a test when a law |
21 | | enforcement
officer is involved in the line of duty in a direct |
22 | | skin or mucous membrane
contact with the blood or bodily fluids |
23 | | of an individual which is of a
nature that may transmit HIV, as |
24 | | determined by a physician in his medical
judgment. Should such |
25 | | test prove to be positive, the patient shall be
provided |
26 | | appropriate counseling consistent with this Act. For purposes |
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1 | | of
this subsection (c), "law enforcement officer" means any |
2 | | person employed by
the State, a county or a municipality as a |
3 | | policeman, peace officer,
auxiliary policeman, correctional |
4 | | officer or in some like position
involving the enforcement of |
5 | | the law and protection of the public interest
at the risk of |
6 | | that person's life.
|
7 | | (Source: P.A. 95-7, eff. 6-1-08 .)
|
8 | | (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
|
9 | | Sec. 9. No person may disclose or be compelled to disclose |
10 | | the
identity of any person upon whom a test is performed, or |
11 | | the results of
such a test in a manner which permits |
12 | | identification of the subject of the
test, except to the |
13 | | following persons:
|
14 | | (a) The subject of the test or the subject's legally
|
15 | | authorized representative. A physician may notify the spouse of |
16 | | the
test subject, if the test result is positive and has been |
17 | | confirmed
pursuant to rules adopted by the Department, provided |
18 | | that the physician has
first sought unsuccessfully to persuade |
19 | | the patient to notify the spouse or
that, a reasonable time |
20 | | after the patient has agreed to make the
notification, the |
21 | | physician has reason to believe that the patient has not
|
22 | | provided the notification. This paragraph shall not create a |
23 | | duty or
obligation under which a physician must notify the |
24 | | spouse of the test
results, nor shall such duty or obligation |
25 | | be implied. No civil liability
or criminal sanction under this |
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1 | | Act shall be imposed for any disclosure or
non-disclosure of a |
2 | | test result to a spouse by a physician acting in good
faith |
3 | | under this paragraph. For the purpose of any proceedings, civil |
4 | | or
criminal, the good faith of any physician acting under this |
5 | | paragraph shall
be presumed.
|
6 | | (b) Any person designated in a legally effective release of |
7 | | the test
results executed by the subject of the test or the |
8 | | subject's legally
authorized representative.
|
9 | | (c) An authorized agent or employee of a health facility or |
10 | | health care
provider if the health facility or health care |
11 | | provider itself is
authorized to obtain the test results, the |
12 | | agent or employee provides
patient care or handles or processes |
13 | | specimens of body fluids or tissues,
and the agent or employee |
14 | | has a need to know such information.
|
15 | | (d) The Department and local health authorities serving a |
16 | | population of over 1,000,000 residents or other local health |
17 | | authorities as designated by the Department, in accordance with |
18 | | rules for reporting and
controlling the spread of disease, as |
19 | | otherwise provided by State law.
The Department,
local health |
20 | | authorities, and authorized representatives shall not disclose
|
21 | | information and records held by them relating to known or |
22 | | suspected cases of
AIDS or HIV infection, publicly or in any |
23 | | action of any kind in any court or
before any tribunal, board, |
24 | | or agency. AIDS and HIV infection data shall be
protected from |
25 | | disclosure in accordance with the provisions of Sections 8-2101
|
26 | | through 8-2105 of the Code of Civil Procedure.
|
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1 | | (e) A health facility or health care provider which |
2 | | procures, processes,
distributes or uses: (i) a human body part |
3 | | from a deceased person
with respect to medical information |
4 | | regarding that person; or (ii) semen
provided prior to the |
5 | | effective date of this Act for the purpose of
artificial |
6 | | insemination.
|
7 | | (f) Health facility staff committees for the purposes of |
8 | | conducting
program monitoring, program evaluation or service |
9 | | reviews.
|
10 | | (f-5) A court in accordance with the provisions of Section |
11 | | 12-5.01 of the Criminal Code of 2012. |
12 | | (g) (Blank).
|
13 | | (h) Any health care provider or employee of a health |
14 | | facility, and any
firefighter or EMR EMT-A , EMT, A-EMT, |
15 | | paramedic, PHRN EMT-P , or EMT-I, involved in an accidental |
16 | | direct
skin or mucous membrane contact with the blood or bodily |
17 | | fluids of an
individual which is of a nature that may transmit |
18 | | HIV, as determined by a
physician in his medical judgment.
|
19 | | (i) Any law enforcement officer, as defined in subsection |
20 | | (c) of
Section 7, involved in the line of duty in a direct skin |
21 | | or mucous membrane
contact with the blood or bodily fluids of |
22 | | an individual which is of a
nature that may transmit HIV, as |
23 | | determined by a physician in his medical
judgment.
|
24 | | (j) A temporary caretaker of a child taken into temporary |
25 | | protective
custody by the Department of Children and Family |
26 | | Services pursuant to Section 5
of the Abused and Neglected |
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1 | | Child Reporting Act, as now or hereafter amended.
|
2 | | (k) In the case of a minor under 18 years of age whose test |
3 | | result is
positive and has been confirmed
pursuant to rules |
4 | | adopted by the Department, the health care provider who ordered |
5 | | the test shall make a reasonable
effort to notify the minor's |
6 | | parent or legal guardian if, in the
professional judgment
of |
7 | | the health care provider, notification would be
in the best |
8 | | interest of the child and the health care provider has first
|
9 | | sought unsuccessfully to persuade the minor to notify the |
10 | | parent or legal
guardian or a reasonable time after the minor |
11 | | has agreed to notify
the parent or legal guardian, the health |
12 | | care provider has reason to
believe that the minor has not made |
13 | | the notification. This subsection
shall not create a duty or |
14 | | obligation under which a health care provider
must notify the |
15 | | minor's parent or legal guardian of the test results, nor
shall |
16 | | a duty or obligation be implied. No civil liability or criminal |
17 | | sanction
under this Act shall be imposed for any notification |
18 | | or non-notification of a
minor's test result by a health care |
19 | | provider acting in good faith under this
subsection. For the |
20 | | purpose of any proceeding, civil or criminal, the good
faith of |
21 | | any health care provider acting under this subsection shall be
|
22 | | presumed.
|
23 | | (Source: P.A. 96-328, eff. 8-11-09; 97-1046, eff. 8-21-12; |
24 | | 97-1150, eff. 1-25-13.)
|
25 | | Section 50. The Burn Injury Reporting Act is amended by |
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1 | | changing Section 5 as follows: |
2 | | (425 ILCS 7/5)
|
3 | | Sec. 5. Burn injury reporting. |
4 | | (a) Every case of a burn injury treated in a hospital as |
5 | | described in this Act may be reported to the Office of the |
6 | | State Fire Marshal. The hospital's administrator, manager, |
7 | | superintendent, or his or her designee deciding to report under |
8 | | this Act shall make an oral report of every burn injury in a |
9 | | timely manner as soon as treatment permits, except as provided |
10 | | in subsection (c) of this Section, that meets one of the |
11 | | following criteria: |
12 | | (1) a person receives a serious second-degree burn or a |
13 | | third degree burn, but not a radiation burn, to 10% or more |
14 | | of the person's body as a whole; |
15 | | (2) a person sustains a burn to the upper respiratory |
16 | | tract or occurring laryngeal edema due to the inhalation of |
17 | | superheated air; |
18 | | (3) a person sustains any burn injury likely to result |
19 | | in death; or |
20 | | (4) a person sustains any other burn injury not |
21 | | excluded by subsection (c). |
22 | | (b) The oral report shall consist of notification by |
23 | | telephone to the Office of the State Fire Marshal using a |
24 | | toll-free number established by the Office of the State Fire |
25 | | Marshal for this purpose. |
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1 | | (c) A hospital's administrator, manager, superintendent, |
2 | | or his or her designee deciding to report under this Act shall |
3 | | not report any of the following burn injuries: |
4 | | (1) a burn injury of an emergency medical a first |
5 | | responder, as defined in Section 3.50 3.60 of the Emergency |
6 | | Medical Services (EMS) Systems Act, sustained in the line |
7 | | of duty; |
8 | | (2) a burn injury caused by lighting; |
9 | | (3) a burn injury caused by a motor vehicle accident; |
10 | | or |
11 | | (4) a burn injury caused by an identifiable industrial |
12 | | accident or work-related accident.
|
13 | | (Source: P.A. 94-828, eff. 1-1-07 .) |
14 | | Section 55. The Illinois Vehicle Code is amended by |
15 | | changing Sections 11-501.01 and 11-501.2 as follows: |
16 | | (625 ILCS 5/11-501.01)
|
17 | | Sec. 11-501.01. Additional administrative sanctions. |
18 | | (a) After a finding of guilt and prior to any final |
19 | | sentencing or an order for supervision, for an offense based |
20 | | upon an arrest for a violation of Section 11-501 or a similar |
21 | | provision of a local ordinance, individuals shall be required |
22 | | to undergo a professional evaluation to determine if an |
23 | | alcohol, drug, or intoxicating compound abuse problem exists |
24 | | and the extent of the problem, and undergo the imposition of |
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1 | | treatment as appropriate. Programs conducting these |
2 | | evaluations shall be licensed by the Department of Human |
3 | | Services. The cost of any professional evaluation shall be paid |
4 | | for by the individual required to undergo the professional |
5 | | evaluation. |
6 | | (b) Any person who is found guilty of or pleads guilty to |
7 | | violating Section 11-501, including any person receiving a |
8 | | disposition of court supervision for violating that Section, |
9 | | may be required by the Court to attend a victim impact panel |
10 | | offered by, or under contract with, a county State's Attorney's |
11 | | office, a probation and court services department, Mothers |
12 | | Against Drunk Driving, or the Alliance Against Intoxicated |
13 | | Motorists. All costs generated by the victim impact panel shall |
14 | | be paid from fees collected from the offender or as may be |
15 | | determined by the court. |
16 | | (c) Every person found guilty of violating Section 11-501, |
17 | | whose operation of a motor vehicle while in violation of that |
18 | | Section proximately caused any incident resulting in an |
19 | | appropriate emergency response, shall be liable for the expense |
20 | | of an emergency response as provided in subsection (i) of this |
21 | | Section. |
22 | | (d) The Secretary of State shall revoke the driving |
23 | | privileges of any person convicted under Section 11-501 or a |
24 | | similar provision of a local ordinance. |
25 | | (e) The Secretary of State shall require the use of |
26 | | ignition interlock devices on all vehicles owned by a person |
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1 | | who has been convicted of a second or subsequent offense of |
2 | | Section 11-501 or a similar provision of a local ordinance. The |
3 | | person must pay to the Secretary of State DUI Administration |
4 | | Fund an amount not to exceed $30 for each month that he or she |
5 | | uses the device. The Secretary shall establish by rule and |
6 | | regulation the procedures for certification and use of the |
7 | | interlock system, the amount of the fee, and the procedures, |
8 | | terms, and conditions relating to these fees. |
9 | | (f) In addition to any other penalties and liabilities, a |
10 | | person who is found guilty of or pleads guilty to violating |
11 | | Section 11-501, including any person placed on court |
12 | | supervision for violating Section 11-501, shall be assessed |
13 | | $750, payable to the circuit clerk, who shall distribute the |
14 | | money as follows: $350 to the law enforcement agency that made |
15 | | the arrest, and $400 shall be forwarded to the State Treasurer |
16 | | for deposit into the General Revenue Fund. If the person has |
17 | | been previously convicted of violating Section 11-501 or a |
18 | | similar provision of a local ordinance, the fine shall be |
19 | | $1,000, and the circuit clerk shall distribute
$200 to the law |
20 | | enforcement agency that
made the arrest and $800 to the State
|
21 | | Treasurer for deposit into the General Revenue Fund. In the |
22 | | event that more than one agency is responsible for the arrest, |
23 | | the amount payable to law enforcement agencies shall be shared |
24 | | equally. Any moneys received by a law enforcement agency under |
25 | | this subsection (f) shall be used for enforcement and |
26 | | prevention of driving while under the influence of alcohol, |
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1 | | other drug or drugs, intoxicating compound or compounds or any |
2 | | combination thereof, as defined by Section 11-501 of this Code, |
3 | | including but not limited to the purchase of law enforcement |
4 | | equipment and commodities that will assist in the prevention of |
5 | | alcohol related criminal violence throughout the State; police |
6 | | officer training and education in areas related to alcohol |
7 | | related crime, including but not limited to DUI training; and |
8 | | police officer salaries, including but not limited to salaries |
9 | | for hire back funding for safety checkpoints, saturation |
10 | | patrols, and liquor store sting operations. Any moneys received |
11 | | by the Department of State Police under this subsection (f) |
12 | | shall be deposited into the State Police DUI Fund and shall be |
13 | | used to purchase law enforcement equipment that will assist in |
14 | | the prevention of alcohol related criminal violence throughout |
15 | | the State. |
16 | | (g) The Secretary of State Police DUI Fund is created as a |
17 | | special fund in the State treasury. All moneys received by the |
18 | | Secretary of State Police under subsection (f) of this Section |
19 | | shall be deposited into the Secretary of State Police DUI Fund |
20 | | and, subject to appropriation, shall be used for enforcement |
21 | | and prevention of driving while under the influence of alcohol, |
22 | | other drug or drugs, intoxicating compound or compounds or any |
23 | | combination thereof, as defined by Section 11-501 of this Code, |
24 | | including but not limited to the purchase of law enforcement |
25 | | equipment and commodities to assist in the prevention of |
26 | | alcohol related criminal violence throughout the State; police |
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1 | | officer training and education in areas related to alcohol |
2 | | related crime, including but not limited to DUI training; and |
3 | | police officer salaries, including but not limited to salaries |
4 | | for hire back funding for safety checkpoints, saturation |
5 | | patrols, and liquor store sting operations. |
6 | | (h) Whenever an individual is sentenced for an offense |
7 | | based upon an arrest for a violation of Section 11-501 or a |
8 | | similar provision of a local ordinance, and the professional |
9 | | evaluation recommends remedial or rehabilitative treatment or |
10 | | education, neither the treatment nor the education shall be the |
11 | | sole disposition and either or both may be imposed only in |
12 | | conjunction with another disposition. The court shall monitor |
13 | | compliance with any remedial education or treatment |
14 | | recommendations contained in the professional evaluation. |
15 | | Programs conducting alcohol or other drug evaluation or |
16 | | remedial education must be licensed by the Department of Human |
17 | | Services. If the individual is not a resident of Illinois, |
18 | | however, the court may accept an alcohol or other drug |
19 | | evaluation or remedial education program in the individual's |
20 | | state of residence. Programs providing treatment must be |
21 | | licensed under existing applicable alcoholism and drug |
22 | | treatment licensure standards. |
23 | | (i) In addition to any other fine or penalty required by |
24 | | law, an individual convicted of a violation of Section 11-501, |
25 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
26 | | Section 5-16 of the Boat Registration and Safety Act, or a |
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1 | | similar provision, whose operation of a motor vehicle, |
2 | | snowmobile, or watercraft while in violation of Section 11-501, |
3 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
4 | | Section 5-16 of the Boat Registration and Safety Act, or a |
5 | | similar provision proximately caused an incident resulting in |
6 | | an appropriate emergency response, shall be required to make |
7 | | restitution to a public agency for the costs of that emergency |
8 | | response. The restitution may not exceed $1,000 per public |
9 | | agency for each emergency response. As used in this subsection |
10 | | (i), "emergency response" means any incident requiring a |
11 | | response by a police officer, a firefighter carried on the |
12 | | rolls of a regularly constituted fire department, or an |
13 | | ambulance. With respect to funds designated for the Department |
14 | | of State Police, the moneys shall be remitted by the circuit |
15 | | court clerk to the State Police within one month after receipt |
16 | | for deposit into the State Police DUI Fund. With respect to |
17 | | funds designated for the Department of Natural Resources, the |
18 | | Department of Natural Resources shall deposit the moneys into |
19 | | the Conservation Police Operations Assistance Fund.
|
20 | | (j) A person that is subject to a chemical test or tests of |
21 | | blood under subsection (a) of Section 11-501.1 or subdivision |
22 | | (c)(2) of Section 11-501.2 of this Code, whether or not that |
23 | | person consents to testing, shall be liable for the expense up |
24 | | to $500 for blood withdrawal by a physician authorized to |
25 | | practice medicine, a licensed physician assistant, a licensed |
26 | | advanced practice nurse, a registered nurse, a trained |
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1 | | phlebotomist, a licensed certified paramedic, or a qualified |
2 | | person other than a police officer approved by the Department |
3 | | of State Police to withdraw blood, who responds, whether at a |
4 | | law enforcement facility or a health care facility, to a police |
5 | | department request for the drawing of blood based upon refusal |
6 | | of the person to submit to a lawfully requested breath test or |
7 | | probable cause exists to believe the test would disclose the |
8 | | ingestion, consumption, or use of drugs or intoxicating |
9 | | compounds if: |
10 | | (1) the person is found guilty of violating Section |
11 | | 11-501 of this Code or a similar provision of a local |
12 | | ordinance; or |
13 | | (2) the person pleads guilty to or stipulates to facts |
14 | | supporting a violation of Section 11-503 of this Code or a |
15 | | similar provision of a local ordinance when the plea or |
16 | | stipulation was the result of a plea agreement in which the |
17 | | person was originally charged with violating Section |
18 | | 11-501 of this Code or a similar local ordinance. |
19 | | (Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13; |
20 | | 98-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
|
21 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
|
22 | | Sec. 11-501.2. Chemical and other tests.
|
23 | | (a) Upon the trial of any civil or criminal action or |
24 | | proceeding arising out
of an arrest for an offense as defined |
25 | | in Section 11-501 or a similar local
ordinance or proceedings |
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1 | | pursuant to Section 2-118.1, evidence of the
concentration of |
2 | | alcohol, other drug or drugs, or intoxicating compound or
|
3 | | compounds, or any combination thereof in a person's blood
or |
4 | | breath at the time alleged, as determined by analysis of the |
5 | | person's blood,
urine, breath or other bodily substance, shall |
6 | | be admissible. Where such test
is made the following provisions |
7 | | shall apply:
|
8 | | 1. Chemical analyses of the person's blood, urine, |
9 | | breath or other bodily
substance to be considered valid |
10 | | under the provisions of this Section shall
have been |
11 | | performed according to standards promulgated by the |
12 | | Department of State Police
by
a licensed physician, |
13 | | registered nurse, trained phlebotomist, licensed certified |
14 | | paramedic, or other individual
possessing a valid permit |
15 | | issued by that Department for
this purpose. The Director of |
16 | | State Police is authorized to approve satisfactory
|
17 | | techniques or methods, to ascertain the qualifications and |
18 | | competence of
individuals to conduct such analyses, to |
19 | | issue permits which shall be subject
to termination or |
20 | | revocation at the discretion of that Department and to
|
21 | | certify the accuracy of breath testing equipment. The |
22 | | Department
of
State Police shall prescribe regulations as |
23 | | necessary to
implement this
Section.
|
24 | | 2. When a person in this State shall submit to a blood |
25 | | test at the request
of a law enforcement officer under the |
26 | | provisions of Section 11-501.1, only a
physician |
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1 | | authorized to practice medicine, a licensed physician |
2 | | assistant, a licensed advanced practice nurse, a |
3 | | registered nurse, trained
phlebotomist, or licensed |
4 | | certified paramedic, or other
qualified person approved by |
5 | | the Department of State Police may withdraw blood
for the |
6 | | purpose of determining the alcohol, drug, or alcohol and |
7 | | drug content
therein. This limitation shall not apply to |
8 | | the taking of breath or urine
specimens.
|
9 | | When a blood test of a person who has been taken to an |
10 | | adjoining state
for medical treatment is requested by an |
11 | | Illinois law enforcement officer,
the blood may be |
12 | | withdrawn only by a physician authorized to practice
|
13 | | medicine in the adjoining state, a licensed physician |
14 | | assistant, a licensed advanced practice nurse, a |
15 | | registered nurse, a trained
phlebotomist acting under the |
16 | | direction of the physician, or licensed certified
|
17 | | paramedic. The law
enforcement officer requesting the test |
18 | | shall take custody of the blood
sample, and the blood |
19 | | sample shall be analyzed by a laboratory certified by the
|
20 | | Department of State Police for that purpose.
|
21 | | 3. The person tested may have a physician, or a |
22 | | qualified technician,
chemist, registered nurse, or other |
23 | | qualified person of their own choosing
administer a |
24 | | chemical test or tests in addition to any administered at |
25 | | the
direction of a law enforcement officer. The failure or |
26 | | inability to obtain
an additional test by a person shall |
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1 | | not preclude the admission of evidence
relating to the test |
2 | | or tests taken at the direction of a law enforcement
|
3 | | officer.
|
4 | | 4. Upon the request of the person who shall submit to a |
5 | | chemical test
or tests at the request of a law enforcement |
6 | | officer, full information
concerning the test or tests |
7 | | shall be made available to the person or such
person's |
8 | | attorney.
|
9 | | 5. Alcohol concentration shall mean either grams of |
10 | | alcohol per 100
milliliters of blood or grams of alcohol |
11 | | per 210 liters of breath.
|
12 | | (a-5) Law enforcement officials may use standardized field |
13 | | sobriety tests approved by the National Highway Traffic Safety |
14 | | Administration when conducting investigations of a violation |
15 | | of Section 11-501 or similar local ordinance by drivers |
16 | | suspected of driving under the influence of cannabis. The |
17 | | General Assembly finds that standardized field sobriety tests |
18 | | approved by the National Highway Traffic Safety Administration |
19 | | are divided attention tasks that are intended to determine if a |
20 | | person is under the influence of cannabis. The purpose of these |
21 | | tests is to determine the effect of the use of cannabis on a |
22 | | person's capacity to think and act with ordinary care and |
23 | | therefore operate a motor vehicle safely. Therefore, the |
24 | | results of these standardized field sobriety tests, |
25 | | appropriately administered, shall be admissible in the trial of |
26 | | any civil or criminal action or proceeding arising out of an |
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1 | | arrest for a cannabis-related offense as defined in Section |
2 | | 11-501 or a similar local ordinance or proceedings under |
3 | | Section 2-118.1. Where a test is made the following provisions |
4 | | shall apply: |
5 | | 1. The person tested may have a physician, or a |
6 | | qualified technician, chemist, registered nurse, or other |
7 | | qualified person of their own choosing administer a |
8 | | chemical test or tests in addition to the standardized |
9 | | field sobriety test or tests administered at the direction |
10 | | of a law enforcement officer. The failure or inability to |
11 | | obtain an additional test by a person does not preclude the |
12 | | admission of evidence relating to the test or tests taken |
13 | | at the direction of a law enforcement officer. |
14 | | 2. Upon the request of the person who shall submit to a |
15 | | standardized field sobriety test or tests at the request of |
16 | | a law enforcement officer, full information concerning the |
17 | | test or tests shall be made available to the person or the |
18 | | person's attorney. |
19 | | 3. At the trial of any civil or criminal action or |
20 | | proceeding arising out of an arrest for an offense as |
21 | | defined in Section 11-501 or a similar local ordinance or |
22 | | proceedings under Section 2-118.1 in which the results of |
23 | | these standardized field sobriety tests are admitted, the |
24 | | cardholder may present and the trier of fact may consider |
25 | | evidence that the card holder lacked the physical capacity |
26 | | to perform the standardized field sobriety tests. |
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1 | | (b) Upon the trial of any civil or criminal action or |
2 | | proceeding arising
out of acts alleged to have been committed |
3 | | by any person while driving or
in actual physical control of a |
4 | | vehicle while under the influence of alcohol,
the concentration |
5 | | of alcohol in the person's blood or breath at the time
alleged |
6 | | as shown by analysis of the person's blood, urine, breath, or |
7 | | other
bodily substance shall give rise to the following |
8 | | presumptions:
|
9 | | 1. If there was at that time an alcohol concentration |
10 | | of 0.05 or less,
it shall be presumed that the person was |
11 | | not under the influence of alcohol.
|
12 | | 2. If there was at that time an alcohol concentration |
13 | | in excess of 0.05
but less than 0.08, such facts shall not |
14 | | give rise to any
presumption that
the person was or was not |
15 | | under the influence of alcohol, but such fact
may be |
16 | | considered with other competent evidence in determining |
17 | | whether the
person was under the influence of alcohol.
|
18 | | 3. If there was at that time an alcohol concentration |
19 | | of 0.08
or more,
it shall be presumed that the person was |
20 | | under the influence of alcohol.
|
21 | | 4. The foregoing provisions of this Section shall not |
22 | | be construed as
limiting the introduction of any other |
23 | | relevant evidence bearing upon the
question whether the |
24 | | person was under the influence of alcohol.
|
25 | | (c) 1. If a person under arrest refuses to submit to a |
26 | | chemical test
under
the provisions of Section 11-501.1, |
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1 | | evidence of refusal shall be admissible
in any civil or |
2 | | criminal action or proceeding arising out of acts alleged
to |
3 | | have been committed while the person under the influence of |
4 | | alcohol,
other drug or drugs, or intoxicating compound or |
5 | | compounds, or
any combination thereof was driving or in actual |
6 | | physical
control of a motor vehicle.
|
7 | | 2. Notwithstanding any ability to refuse under this Code to |
8 | | submit to
these tests or any ability to revoke the implied |
9 | | consent to these tests, if a
law enforcement officer has |
10 | | probable cause to believe that a motor vehicle
driven by or in |
11 | | actual physical control of a person under the influence of
|
12 | | alcohol, other drug or drugs, or intoxicating compound or
|
13 | | compounds,
or any combination thereof
has caused the death or
|
14 | | personal injury to another, the law enforcement officer shall |
15 | | request, and that person shall submit, upon the request of a |
16 | | law
enforcement officer, to a chemical test or tests of his or |
17 | | her blood, breath or
urine for the purpose of
determining the |
18 | | alcohol content thereof or the presence of any other drug or
|
19 | | combination of both.
|
20 | | This provision does not affect the applicability of or |
21 | | imposition of driver's
license sanctions under Section |
22 | | 11-501.1 of this Code.
|
23 | | 3. For purposes of this Section, a personal injury includes |
24 | | any Type A
injury as indicated on the traffic accident report |
25 | | completed by a law
enforcement officer that requires immediate |
26 | | professional attention in either a
doctor's office or a medical |
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1 | | facility. A Type A injury includes severe
bleeding wounds, |
2 | | distorted extremities, and injuries that require the injured
|
3 | | party to be carried from the scene.
|
4 | | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; |
5 | | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14.)
|
6 | | Section 60. The Workers' Compensation Act is amended by |
7 | | changing Section 6 as follows:
|
8 | | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
|
9 | | Sec. 6. (a) Every employer within the provisions of this |
10 | | Act, shall,
under the rules and regulations prescribed by the |
11 | | Commission, post
printed notices in their respective places of |
12 | | employment in such number
and at such places as may be |
13 | | determined by the Commission, containing
such information |
14 | | relative to this Act as in the judgment of the
Commission may |
15 | | be necessary to aid employees to safeguard their rights
under |
16 | | this Act in event of injury.
|
17 | | In addition thereto, the employer shall post in a |
18 | | conspicuous place
on the place of the employment a printed or |
19 | | typewritten notice stating
whether he is insured or whether he |
20 | | has qualified and is operating as a
self-insured employer. In |
21 | | the event the employer is insured, the notice
shall state the |
22 | | name and address of his insurance carrier, the number of
the |
23 | | insurance policy, its effective date and the date of |
24 | | termination. In
the event of the termination of the policy for |
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1 | | any reason prior to the
termination date stated, the posted |
2 | | notice shall promptly be corrected
accordingly. In the event |
3 | | the employer is operating as a self-insured
employer the notice |
4 | | shall state the name and address of the company, if
any, |
5 | | servicing the compensation payments of the employer, and the |
6 | | name
and address of the person in charge of making compensation |
7 | | payments.
|
8 | | (b) Every employer subject to this Act shall maintain |
9 | | accurate
records of work-related deaths, injuries and illness |
10 | | other than minor
injuries requiring only first aid treatment |
11 | | and which do not involve
medical treatment, loss of |
12 | | consciousness, restriction of work or motion,
or transfer to |
13 | | another job and file with the Commission, in writing, a
report |
14 | | of all accidental deaths, injuries and illnesses arising out of
|
15 | | and in the course of the employment resulting in the loss of |
16 | | more than
3 scheduled work days. In the case of death such |
17 | | report shall be
made no later than 2 working days following the |
18 | | accidental death. In
all other cases such report shall be made |
19 | | between the 15th and 25th of
each month unless required to be |
20 | | made sooner by rule of the Commission.
In case the injury |
21 | | results in permanent disability, a further report
shall be made |
22 | | as soon as it is determined that such permanent disability
has |
23 | | resulted or will result from the injury. All reports shall |
24 | | state
the date of the injury, including the time of day or |
25 | | night, the nature
of the employer's business, the name, |
26 | | address, age, sex, conjugal
condition of the injured person, |
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1 | | the specific occupation of the injured
person, the direct cause |
2 | | of the injury and the nature of the accident,
the character of |
3 | | the injury, the length of disability, and in case of
death the |
4 | | length of disability before death, the wages of the injured
|
5 | | person, whether compensation has been paid to the injured |
6 | | person, or to
his or her legal representative or his heirs or |
7 | | next of kin, the amount of
compensation paid, the amount paid |
8 | | for physicians', surgeons' and
hospital bills, and by whom |
9 | | paid, and the amount paid for funeral or
burial expenses if |
10 | | known. The reports shall be made on forms and in the
manner as |
11 | | prescribed by the Commission and shall contain such further
|
12 | | information as the Commission shall deem necessary and require. |
13 | | The
making of these reports releases the employer from making |
14 | | such reports
to any other officer of the State and shall |
15 | | satisfy the reporting
provisions as contained in the "Health |
16 | | and Safety Act" and "An Act in
relation to safety inspections |
17 | | and education in industrial and
commercial establishments and |
18 | | to repeal an Act therein named", approved
July 18, 1955, as now |
19 | | or hereafter amended. The reports filed with the
Commission |
20 | | pursuant to this Section shall be made available by the
|
21 | | Commission to the Director of Labor or his representatives and |
22 | | to all
other departments of the State of Illinois which shall |
23 | | require such
information for the proper discharge of their |
24 | | official duties. Failure
to file with the Commission any of the |
25 | | reports required in this Section
is a petty offense.
|
26 | | Except as provided in this paragraph, all reports filed |
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1 | | hereunder shall
be confidential and any person
having access to |
2 | | such records filed with the Illinois Workers' Compensation |
3 | | Commission as
herein required, who shall release any |
4 | | information therein contained
including the names or otherwise |
5 | | identify any persons sustaining
injuries or disabilities, or |
6 | | give access to such information to any
unauthorized person, |
7 | | shall be subject to discipline or discharge, and in
addition |
8 | | shall be guilty of a Class B misdemeanor. The Commission shall
|
9 | | compile and distribute to interested persons aggregate |
10 | | statistics, taken
from the reports filed hereunder. The |
11 | | aggregate statistics shall not give
the names or otherwise |
12 | | identify persons sustaining injuries or disabilities
or the |
13 | | employer of any injured or disabled person.
|
14 | | (c) Notice of the accident shall be given to the employer |
15 | | as soon as
practicable, but not later than 45 days after the |
16 | | accident. Provided:
|
17 | | (1) In case of the legal disability of the employee
or |
18 | | any dependent of a
deceased employee who may be entitled to |
19 | | compensation under the
provisions of this Act, the |
20 | | limitations of time by this Act provided do
not begin to |
21 | | run against such person under legal disability
until a
|
22 | | guardian has been appointed.
|
23 | | (2) In cases of injuries sustained by exposure to |
24 | | radiological
materials or equipment, notice shall be given |
25 | | to the employer within 90
days subsequent to the time that |
26 | | the employee knows or suspects that he
has received an |
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1 | | excessive dose of radiation.
|
2 | | No defect or inaccuracy of such notice shall be a bar to |
3 | | the
maintenance of proceedings on arbitration or otherwise by |
4 | | the employee
unless the employer proves that he is unduly |
5 | | prejudiced in such
proceedings by such defect or inaccuracy.
|
6 | | Notice of the accident shall give the approximate date and |
7 | | place of
the accident, if known, and may be given orally or in |
8 | | writing.
|
9 | | (d) Every employer shall notify each injured employee who |
10 | | has been
granted compensation under the provisions of Section 8 |
11 | | of this Act
of his rights to rehabilitation services and advise |
12 | | him of the locations
of available public rehabilitation centers |
13 | | and any other such services
of which the employer has |
14 | | knowledge.
|
15 | | In any case, other than one where the injury was caused by |
16 | | exposure
to radiological materials or equipment or asbestos |
17 | | unless the application for
compensation is filed with the |
18 | | Commission within 3 years after the date
of the accident, where |
19 | | no compensation has been paid, or within 2 years
after the date |
20 | | of the last payment of compensation, where any has been
paid, |
21 | | whichever shall be later, the right to file such application |
22 | | shall
be barred.
|
23 | | In any case of injury caused by exposure to radiological |
24 | | materials or
equipment or asbestos, unless application for |
25 | | compensation is filed with the
Commission within 25 years after |
26 | | the last day that the employee was
employed in an environment |
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1 | | of hazardous radiological activity or asbestos,
the right to |
2 | | file such application shall be barred.
|
3 | | If in any case except one where the injury was caused by |
4 | | exposure to
radiological materials or equipment or asbestos, |
5 | | the accidental injury
results in death application for |
6 | | compensation for death may be filed with the
Commission within |
7 | | 3 years after the date of death where no compensation
has been |
8 | | paid or within 2 years after the date of the last payment of
|
9 | | compensation where any has been paid, whichever shall be later, |
10 | | but not
thereafter.
|
11 | | If an accidental injury caused by exposure to radiological |
12 | | material
or equipment or asbestos results in death within 25 |
13 | | years after the last
day that the employee was so exposed |
14 | | application for compensation for death may
be filed with the |
15 | | Commission within 3 years after the date of death,
where no |
16 | | compensation has been paid, or within 2 years after the date of
|
17 | | the last payment of compensation where any has been paid, |
18 | | whichever
shall be later, but not thereafter.
|
19 | | (e) Any contract or agreement made by any employer or his |
20 | | agent or
attorney with any employee or any other beneficiary of |
21 | | any claim under
the provisions of this Act within 7 days after |
22 | | the injury shall be
presumed to be fraudulent.
|
23 | | (f) Any condition or impairment of health of an employee |
24 | | employed as a
firefighter, emergency medical technician (EMT), |
25 | | emergency medical technician-intermediate (EMT-I), advanced |
26 | | emergency medical technician (A-EMT), or paramedic which |
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1 | | results
directly or indirectly from any bloodborne pathogen, |
2 | | lung or respiratory
disease
or condition, heart
or vascular |
3 | | disease or condition, hypertension, tuberculosis, or cancer
|
4 | | resulting in any disability (temporary, permanent, total, or |
5 | | partial) to the
employee shall be rebuttably presumed to arise |
6 | | out of and in the course of
the employee's firefighting, EMT, |
7 | | or paramedic employment and, further, shall
be
rebuttably |
8 | | presumed to be causally connected to the hazards or exposures |
9 | | of
the employment. This presumption shall also apply to any |
10 | | hernia or hearing
loss suffered by an employee employed as a |
11 | | firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, this |
12 | | presumption shall not apply to any employee who has been |
13 | | employed
as a firefighter, EMT, or paramedic for less than 5 |
14 | | years at the time he or she files an Application for Adjustment |
15 | | of Claim concerning this condition or impairment with the |
16 | | Illinois Workers' Compensation Commission. The rebuttable |
17 | | presumption established under this subsection, however, does |
18 | | not apply to an emergency medical technician (EMT) , emergency |
19 | | medical technician-intermediate (EMT-I), advanced emergency |
20 | | medical technician (A-EMT), or paramedic employed by a private |
21 | | employer if the employee spends the preponderance of his or her |
22 | | work time for that employer engaged in medical transfers |
23 | | between medical care facilities or non-emergency medical |
24 | | transfers to or from medical care facilities. The changes made |
25 | | to this subsection by Public Act 98-291 this amendatory Act of |
26 | | the 98th General Assembly shall be narrowly construed. The |
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1 | | Finding and Decision of the Illinois Workers' Compensation |
2 | | Commission under only the rebuttable presumption provision of |
3 | | this subsection shall not be admissible or be deemed res |
4 | | judicata in any disability claim under the Illinois Pension |
5 | | Code arising out of the same medical condition; however, this |
6 | | sentence makes no change to the law set forth in Krohe v. City |
7 | | of Bloomington, 204 Ill.2d 392.
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8 | | (Source: P.A. 98-291, eff. 1-1-14.)
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9 | | Section 65. The Workers' Occupational Diseases Act is |
10 | | amended by changing Section 1 as follows:
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11 | | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
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12 | | Sec. 1. This Act shall be known and may be cited as the |
13 | | "Workers'
Occupational Diseases Act".
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14 | | (a) The term "employer" as used in this Act shall be |
15 | | construed to
be:
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16 | | 1. The State and each county, city, town, township, |
17 | | incorporated
village, school district, body politic, or |
18 | | municipal corporation
therein.
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19 | | 2. Every person, firm, public or private corporation, |
20 | | including
hospitals, public service, eleemosynary, |
21 | | religious or charitable
corporations or associations, who |
22 | | has any person in service or under any
contract for hire, |
23 | | express or implied, oral or written.
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24 | | 3. Where an employer operating under and subject to the |
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1 | | provisions
of this Act loans an employee to another such |
2 | | employer and such loaned
employee sustains a compensable |
3 | | occupational disease in the employment
of such borrowing |
4 | | employer and where such borrowing employer does not
provide |
5 | | or pay the benefits or payments due such employee, such |
6 | | loaning
employer shall be liable to provide or pay all |
7 | | benefits or payments due
such employee under this Act and |
8 | | as to such employee the liability of
such loaning and |
9 | | borrowing employers shall be joint and several,
provided |
10 | | that such loaning employer shall in the absence of |
11 | | agreement to
the contrary be entitled to receive from such |
12 | | borrowing employer full
reimbursement for all sums paid or |
13 | | incurred pursuant to this paragraph
together with |
14 | | reasonable attorneys' fees and expenses in any hearings
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15 | | before the Illinois Workers' Compensation Commission or in |
16 | | any action to secure such
reimbursement. Where any benefit |
17 | | is provided or paid by such loaning
employer, the employee |
18 | | shall have the duty of rendering reasonable
co-operation in |
19 | | any hearings, trials or proceedings in the case,
including |
20 | | such proceedings for reimbursement.
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21 | | Where an employee files an Application for Adjustment |
22 | | of Claim with
the Illinois Workers' Compensation |
23 | | Commission alleging that his or her claim is covered by
the |
24 | | provisions of the preceding paragraph, and joining both the |
25 | | alleged
loaning and borrowing employers, they and each of |
26 | | them, upon written
demand by the employee and within 7 days |
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1 | | after receipt of such demand,
shall have the duty of filing |
2 | | with the Illinois Workers' Compensation Commission a |
3 | | written
admission or denial of the allegation that the |
4 | | claim is covered by the
provisions of the preceding |
5 | | paragraph and in default of such filing or
if any such |
6 | | denial be ultimately determined not to have been bona fide
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7 | | then the provisions of Paragraph K of Section 19 of this |
8 | | Act shall
apply.
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9 | | An employer whose business or enterprise or a |
10 | | substantial part
thereof consists of hiring, procuring or |
11 | | furnishing employees to or for
other employers operating |
12 | | under and subject to the provisions of this
Act for the |
13 | | performance of the work of such other employers and who |
14 | | pays
such employees their salary or wage notwithstanding |
15 | | that they are doing
the work of such other employers shall |
16 | | be deemed a loaning employer
within the meaning and |
17 | | provisions of this Section.
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18 | | (b) The term "employee" as used in this Act, shall be |
19 | | construed to
mean:
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20 | | 1. Every person in the service of the State, county, |
21 | | city, town,
township, incorporated village or school |
22 | | district, body politic or
municipal corporation therein, |
23 | | whether by election, appointment or
contract of hire, |
24 | | express or implied, oral or written, including any
official |
25 | | of the State, or of any county, city, town, township,
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26 | | incorporated village, school district, body politic or |
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1 | | municipal
corporation therein and except any duly |
2 | | appointed member of the fire
department in any city whose |
3 | | population exceeds 500,000 according to the
last Federal or |
4 | | State census, and except any member of a fire insurance
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5 | | patrol maintained by a board of underwriters in this State. |
6 | | One employed
by a contractor who has contracted with the |
7 | | State, or a county, city,
town, township, incorporated |
8 | | village, school district, body politic or
municipal |
9 | | corporation therein, through its representatives, shall |
10 | | not be
considered as an employee of the State, county, |
11 | | city, town, township,
incorporated village, school |
12 | | district, body politic or municipal
corporation which made |
13 | | the contract.
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14 | | 2. Every person in the service of another under any |
15 | | contract of
hire, express or implied, oral or written, who |
16 | | contracts an occupational
disease while working in the |
17 | | State of Illinois, or who contracts an
occupational disease |
18 | | while working outside of the State of Illinois but
where |
19 | | the contract of hire is made within the State of Illinois, |
20 | | and any
person whose employment is principally localized |
21 | | within the State of
Illinois, regardless of the place where |
22 | | the disease was contracted or
place where the contract of |
23 | | hire was made, including aliens, and minors
who, for the |
24 | | purpose of this Act, except Section 3 hereof, shall be
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25 | | considered the same and have the same power to contract, |
26 | | receive
payments and give quittances therefor, as adult |
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1 | | employees. An employee
or his or her dependents under this |
2 | | Act who shall have a cause of action
by reason of an |
3 | | occupational disease, disablement or death arising out
of |
4 | | and in the course of his or her employment may elect or |
5 | | pursue
his or her remedy in the State where the disease was |
6 | | contracted, or in the
State where the contract of hire is |
7 | | made, or in the State where the
employment is principally |
8 | | localized.
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9 | | (c) "Commission" means the Illinois Workers' Compensation |
10 | | Commission created by the
Workers' Compensation Act, approved |
11 | | July 9, 1951, as amended.
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12 | | (d) In this Act the term "Occupational Disease" means a |
13 | | disease
arising out of and in the course of the employment or |
14 | | which has become
aggravated and rendered disabling as a result |
15 | | of the exposure of the
employment. Such aggravation shall arise |
16 | | out of a risk peculiar to or
increased by the employment and |
17 | | not common to the general public.
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18 | | A disease shall be deemed to arise out of the employment if |
19 | | there is
apparent to the rational mind, upon consideration of |
20 | | all the
circumstances, a causal connection between the |
21 | | conditions under which
the work is performed and the |
22 | | occupational disease. The disease need not
to have been |
23 | | foreseen or expected but after its contraction it must
appear |
24 | | to have had its origin or aggravation in a risk connected with
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25 | | the employment and to have flowed from that source as a |
26 | | rational
consequence.
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1 | | An employee shall be conclusively deemed to have been |
2 | | exposed to the
hazards of an occupational disease when, for any |
3 | | length of time however
short, he or she is employed in an |
4 | | occupation or process in which the
hazard of the disease |
5 | | exists; provided however, that in a claim of
exposure to atomic |
6 | | radiation, the fact of such exposure must be verified
by the |
7 | | records of the central registry of radiation exposure |
8 | | maintained
by the Department of Public Health or by some other |
9 | | recognized
governmental agency maintaining records of such |
10 | | exposures whenever and
to the extent that the records are on |
11 | | file with the Department of Public
Health or the agency. |
12 | | Any injury to or disease or death of an employee arising |
13 | | from the administration of a vaccine, including without |
14 | | limitation smallpox vaccine, to prepare for, or as a response |
15 | | to, a threatened or potential bioterrorist incident to the |
16 | | employee as part of a voluntary inoculation program in |
17 | | connection with the person's employment or in connection with |
18 | | any governmental program or recommendation for the inoculation |
19 | | of workers in the employee's occupation, geographical area, or |
20 | | other category that includes the employee is deemed to arise |
21 | | out of and in the course of the employment for all purposes |
22 | | under this Act. This paragraph added by Public Act 93-829 is |
23 | | declarative of existing law and is not a new enactment.
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24 | | The employer liable for the compensation in this Act |
25 | | provided shall
be the employer in whose employment the employee |
26 | | was last exposed to the
hazard of the occupational disease |
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1 | | claimed upon regardless of the length
of time of such last |
2 | | exposure, except, in cases of silicosis or
asbestosis, the only |
3 | | employer liable shall be the last employer in whose
employment |
4 | | the employee was last exposed during a period of 60 days or
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5 | | more after the effective date of this Act, to the hazard of |
6 | | such
occupational disease, and, in such cases, an exposure |
7 | | during a period of
less than 60 days, after the effective date |
8 | | of this Act, shall not be
deemed a last exposure. If a miner |
9 | | who is suffering or suffered from
pneumoconiosis was employed |
10 | | for 10 years or more in one or more coal
mines there shall, |
11 | | effective July 1, 1973 be a rebuttable presumption
that his or |
12 | | her pneumoconiosis arose out of such employment.
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13 | | If a deceased miner was employed for 10 years or more in |
14 | | one or more
coal mines and died from a respirable disease there |
15 | | shall, effective
July 1, 1973, be a rebuttable presumption that |
16 | | his or her death was due
to pneumoconiosis.
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17 | | Any condition or impairment of health of an employee |
18 | | employed as a
firefighter, emergency medical technician (EMT), |
19 | | emergency medical technician-intermediate (EMT-I), advanced |
20 | | emergency medical technician (A-EMT), or paramedic which |
21 | | results
directly or indirectly from any bloodborne pathogen, |
22 | | lung or respiratory
disease
or
condition, heart
or vascular |
23 | | disease or condition, hypertension, tuberculosis, or cancer
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24 | | resulting
in any disability (temporary, permanent, total, or |
25 | | partial) to the employee
shall be rebuttably presumed to arise |
26 | | out of and in the course of the
employee's firefighting, EMT, |
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1 | | EMT-I, A-EMT, or paramedic employment and, further, shall be
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2 | | rebuttably presumed to be causally connected to the hazards or |
3 | | exposures of
the employment. This presumption shall also apply |
4 | | to any hernia or hearing
loss suffered by an employee employed |
5 | | as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, |
6 | | this presumption shall not apply to any employee who has been |
7 | | employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for |
8 | | less than 5 years at the time he or she files an Application |
9 | | for Adjustment of Claim concerning this condition or impairment |
10 | | with the Illinois Workers' Compensation Commission. The |
11 | | rebuttable presumption established under this subsection, |
12 | | however, does not apply to an emergency medical technician |
13 | | (EMT) , emergency medical technician-intermediate (EMT-I), |
14 | | advanced emergency medical technician (A-EMT), or paramedic |
15 | | employed by a private employer if the employee spends the |
16 | | preponderance of his or her work time for that employer engaged |
17 | | in medical transfers between medical care facilities or |
18 | | non-emergency medical transfers to or from medical care |
19 | | facilities. The changes made to this subsection by this |
20 | | amendatory Act of the 98th General Assembly shall be narrowly |
21 | | construed. The Finding and Decision of the Illinois Workers' |
22 | | Compensation Commission under only the rebuttable presumption |
23 | | provision of this paragraph shall not be admissible or be |
24 | | deemed res judicata in any disability claim under the Illinois |
25 | | Pension Code arising out of the same medical condition; |
26 | | however, this sentence makes no change to the law set forth in |
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1 | | Krohe v. City of Bloomington, 204 Ill.2d 392.
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2 | | The insurance carrier liable shall be the carrier whose |
3 | | policy was in
effect covering the employer liable on the last |
4 | | day of the exposure
rendering such employer liable in |
5 | | accordance with the provisions of this
Act.
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6 | | (e) "Disablement" means an impairment or partial |
7 | | impairment,
temporary or permanent, in the function of the body |
8 | | or any of the
members of the body, or the event of becoming |
9 | | disabled from earning full
wages at the work in which the |
10 | | employee was engaged when last exposed to
the hazards of the |
11 | | occupational disease by the employer from whom he or
she claims |
12 | | compensation, or equal wages in other suitable employment;
and |
13 | | "disability" means the state of being so incapacitated.
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14 | | (f) No compensation shall be payable for or on account of |
15 | | any
occupational disease unless disablement, as herein |
16 | | defined, occurs
within two years after the last day of the last |
17 | | exposure to the hazards
of the disease, except in cases of |
18 | | occupational disease caused by
berylliosis or by the inhalation |
19 | | of silica dust or asbestos dust and, in
such cases, within 3 |
20 | | years after the last day of the last exposure to
the hazards of |
21 | | such disease and except in the case of occupational
disease |
22 | | caused by exposure to radiological materials or equipment, and
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23 | | in such case, within 25 years after the last day of last |
24 | | exposure to the
hazards of such disease.
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25 | | (Source: P.A. 98-291, eff. 1-1-14.)
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