SB3414 EnrolledLRB098 16189 RPS 55673 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firemen's Disciplinary Act is amended by
5changing Section 2 as follows:
 
6    (50 ILCS 745/2)  (from Ch. 85, par. 2502)
7    Sec. 2. Definitions. For the purposes of this Act, unless
8clearly required otherwise, the terms defined in this Section
9have the meaning ascribed herein:
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
12Pension Code, a paramedic employed by a unit of local
13government, or an EMT, emergency medical
14technician-intermediate (EMT-I), or advanced emergency medical
15technician (A-EMT) employed by a unit of local government, and
16includes a person who is an "employee" as defined in Section
1715-107 of the Illinois Pension Code and whose primary duties
18relate to firefighting.
19    (b) "Informal inquiry" means a meeting by supervisory or
20command personnel with a fireman upon whom an allegation of
21misconduct has come to the attention of such supervisory or
22command personnel, the purpose of which meeting is to mediate a
23citizen complaint or discuss the facts to determine whether a

 

 

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1formal investigation should be commenced.
2    (c) "Formal investigation" means the process of
3investigation ordered by a commanding officer during which the
4questioning of a fireman is intended to gather evidence of
5misconduct which may be the basis for filing charges seeking
6his or her removal, discharge, or suspension from duty in
7excess of 24 duty hours.
8    (d) "Interrogation" means the questioning of a fireman
9pursuant to an investigation initiated by the respective State
10or local governmental unit in connection with an alleged
11violation of such unit's rules which may be the basis for
12filing charges seeking his or her suspension, removal, or
13discharge. The term does not include questioning as part of an
14informal inquiry as to allegations of misconduct relating to
15minor infractions of agency rules which may be noted on the
16fireman's record but which may not in themselves result in
17removal, discharge, or suspension from duty in excess of 24
18duty hours.
19    (e) "Administrative proceeding" means any non-judicial
20hearing which is authorized to recommend, approve or order the
21suspension, removal, or discharge of a fireman.
22(Source: P.A. 96-922, eff. 6-10-10.)
 
23    Section 10. The Volunteer Emergency Worker Job Protection
24Act is amended by changing Section 3 as follows:
 

 

 

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1    (50 ILCS 748/3)
2    Sec. 3. Definitions. As used in this Act:
3    "Volunteer emergency worker" means a firefighter who does
4not receive monetary compensation for his or her services to a
5fire department or fire protection district and who does not
6work for any other fire department or fire protection district
7for monetary compensation. "Volunteer emergency worker" also
8means a person who does not receive monetary compensation for
9his or her services as a volunteer Emergency Medical Technician
10(licensed as an EMT EMT-B, EMT-I, A-EMT, or Paramedic EMT-P
11under the Emergency Medical Services (EMS) Systems Act), a
12volunteer ambulance driver or attendant, or a volunteer
13"Emergency Medical First Responder", as defined in Sec. 3.50
143.60 of the Emergency Medical Services (EMT) Systems Act, to a
15fire department, fire protection district, or other
16governmental entity and who does not work in one of these
17capacities for any other fire department, fire protection
18district, or governmental entity for monetary compensation.
19"Volunteer emergency worker" also means a person who is a
20volunteer member of a county or municipal emergency services
21and disaster agency pursuant to the Illinois Emergency
22Management Agency Act, an auxiliary policeman appointed
23pursuant to the Municipal Code, or an auxiliary deputy
24appointed by a county sheriff pursuant to the Counties Code.
25    "Monetary compensation" does not include a monetary
26incentive awarded to a firefighter by the board of trustees of

 

 

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1a fire protection district under Section 6 of the Fire
2Protection District Act.
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
5changing Sections 10-1-7, 10-1-7.1, 10-2.1-4, 10-2.1-6.3,
610-2.1-14, and 10-2.1-31 as follows:
 
7    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
8    Sec. 10-1-7. Examination of applicants; disqualifications.
9    (a) All applicants for offices or places in the classified
10service, except those mentioned in Section 10-1-17, are subject
11to examination. The examination shall be public, competitive,
12and open to all citizens of the United States, with specified
13limitations as to residence, age, health, habits and moral
14character.
15    (b) Residency requirements in effect at the time an
16individual enters the fire or police service of a municipality
17(other than a municipality that has more than 1,000,000
18inhabitants) cannot be made more restrictive for that
19individual during his or her period of service for that
20municipality, or be made a condition of promotion, except for
21the rank or position of Fire or Police Chief.
22    (c) No person with a record of misdemeanor convictions
23except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
2411-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,

 

 

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114-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
231-7, 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)
4of Section 24-1 of the Criminal Code of 1961 or the Criminal
5Code of 2012 or arrested for any cause but not convicted on
6that cause shall be disqualified from taking the examination on
7grounds of habits or moral character, unless the person is
8attempting to qualify for a position on the police department,
9in which case the conviction or arrest may be considered as a
10factor in determining the person's habits or moral character.
11    (d) Persons entitled to military preference under Section
1210-1-16 shall not be subject to limitations specifying age
13unless they are applicants for a position as a fireman or a
14policeman having no previous employment status as a fireman or
15policeman in the regularly constituted fire or police
16department of the municipality, in which case they must not
17have attained their 35th birthday, except any person who has
18served as an auxiliary police officer under Section 3.1-30-20
19for at least 5 years and is under 40 years of age.
20    (e) All employees of a municipality of less than 500,000
21population (except those who would be excluded from the
22classified service as provided in this Division 1) who are
23holding that employment as of the date a municipality adopts
24this Division 1, or as of July 17, 1959, whichever date is the
25later, and who have held that employment for at least 2 years
26immediately before that later date, and all firemen and

 

 

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1policemen regardless of length of service who were either
2appointed to their respective positions by the board of fire
3and police commissioners under the provisions of Division 2 of
4this Article or who are serving in a position (except as a
5temporary employee) in the fire or police department in the
6municipality on the date a municipality adopts this Division 1,
7or as of July 17, 1959, whichever date is the later, shall
8become members of the classified civil service of the
9municipality without examination.
10    (f) The examinations shall be practical in their character,
11and shall relate to those matters that will fairly test the
12relative capacity of the persons examined to discharge the
13duties of the positions to which they seek to be appointed. The
14examinations shall include tests of physical qualifications,
15health, and (when appropriate) manual skill. If an applicant is
16unable to pass the physical examination solely as the result of
17an injury received by the applicant as the result of the
18performance of an act of duty while working as a temporary
19employee in the position for which he or she is being examined,
20however, the physical examination shall be waived and the
21applicant shall be considered to have passed the examination.
22No questions in any examination shall relate to political or
23religious opinions or affiliations. Results of examinations
24and the eligible registers prepared from the results shall be
25published by the commission within 60 days after any
26examinations are held.

 

 

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1    (g) The commission shall control all examinations, and may,
2whenever an examination is to take place, designate a suitable
3number of persons, either in or not in the official service of
4the municipality, to be examiners. The examiners shall conduct
5the examinations as directed by the commission and shall make a
6return or report of the examinations to the commission. If the
7appointed examiners are in the official service of the
8municipality, the examiners shall not receive extra
9compensation for conducting the examinations unless the
10examiners are subject to a collective bargaining agreement with
11the municipality. The commission may at any time substitute any
12other person, whether or not in the service of the
13municipality, in the place of any one selected as an examiner.
14The commission members may themselves at any time act as
15examiners without appointing examiners. The examiners at any
16examination shall not all be members of the same political
17party.
18    (h) In municipalities of 500,000 or more population, no
19person who has attained his or her 35th birthday shall be
20eligible to take an examination for a position as a fireman or
21a policeman unless the person has had previous employment
22status as a policeman or fireman in the regularly constituted
23police or fire department of the municipality, except as
24provided in this Section.
25    (i) In municipalities of more than 5,000 but not more than
26200,000 inhabitants, no person who has attained his or her 35th

 

 

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1birthday shall be eligible to take an examination for a
2position as a fireman or a policeman unless the person has had
3previous employment status as a policeman or fireman in the
4regularly constituted police or fire department of the
5municipality, except as provided in this Section.
6    (j) In all municipalities, applicants who are 20 years of
7age and who have successfully completed 2 years of law
8enforcement studies at an accredited college or university may
9be considered for appointment to active duty with the police
10department. An applicant described in this subsection (j) who
11is appointed to active duty shall not have power of arrest, nor
12shall the applicant be permitted to carry firearms, until he or
13she reaches 21 years of age.
14    (k) In municipalities of more than 500,000 population,
15applications for examination for and appointment to positions
16as firefighters or police shall be made available at various
17branches of the public library of the municipality.
18    (l) No municipality having a population less than 1,000,000
19shall require that any fireman appointed to the lowest rank
20serve a probationary employment period of longer than one year.
21The limitation on periods of probationary employment provided
22in this amendatory Act of 1989 is an exclusive power and
23function of the State. Pursuant to subsection (h) of Section 6
24of Article VII of the Illinois Constitution, a home rule
25municipality having a population less than 1,000,000 must
26comply with this limitation on periods of probationary

 

 

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1employment, which is a denial and limitation of home rule
2powers. Notwithstanding anything to the contrary in this
3Section, the probationary employment period limitation may be
4extended for a firefighter who is required, as a condition of
5employment, to be a licensed certified paramedic, during which
6time the sole reason that a firefighter may be discharged
7without a hearing is for failing to meet the requirements for
8paramedic licensure certification.
9    (m) To the extent that this Section or any other Section in
10this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
11Section 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;
1397-898, eff. 8-6-12; 97-1109, eff. 1-1-13; 97-1150, eff.
141-25-13.)
 
15    (65 ILCS 5/10-1-7.1)
16    Sec. 10-1-7.1. Original appointments; full-time fire
17department.
18    (a) Applicability. Unless a commission elects to follow the
19provisions of Section 10-1-7.2, this Section shall apply to all
20original appointments to an affected full-time fire
21department. Existing registers of eligibles shall continue to
22be valid until their expiration dates, or up to a maximum of 2
23years after the effective date of this amendatory Act of the
2497th General Assembly.
25    Notwithstanding any statute, ordinance, rule, or other law

 

 

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1to the contrary, all original appointments to an affected
2department to which this Section applies shall be administered
3in the manner provided for in this Section. Provisions of the
4Illinois Municipal Code, municipal ordinances, and rules
5adopted pursuant to such authority and other laws relating to
6initial hiring of firefighters in affected departments shall
7continue to apply to the extent they are compatible with this
8Section, but in the event of a conflict between this Section
9and any other law, this Section shall control.
10    A home rule or non-home rule municipality may not
11administer its fire department process for original
12appointments in a manner that is less stringent than this
13Section. This Section is a limitation under subsection (i) of
14Section 6 of Article VII of the Illinois Constitution on the
15concurrent exercise by home rule units of the powers and
16functions exercised by the State.
17    A municipality that is operating under a court order or
18consent decree regarding original appointments to a full-time
19fire department before the effective date of this amendatory
20Act of the 97th General Assembly is exempt from the
21requirements of this Section for the duration of the court
22order or consent decree.
23    Notwithstanding any other provision of this subsection
24(a), this Section does not apply to a municipality with more
25than 1,000,000 inhabitants.
26    (b) Original appointments. All original appointments made

 

 

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1to an affected fire department shall be made from a register of
2eligibles established in accordance with the processes
3established by this Section. Only persons who meet or exceed
4the performance standards required by this Section shall be
5placed on a register of eligibles for original appointment to
6an affected fire department.
7    Whenever an appointing authority authorizes action to hire
8a person to perform the duties of a firefighter or to hire a
9firefighter-paramedic to fill a position that is a new position
10or vacancy due to resignation, discharge, promotion, death, the
11granting of a disability or retirement pension, or any other
12cause, the appointing authority shall appoint to that position
13the person with the highest ranking on the final eligibility
14list. If the appointing authority has reason to conclude that
15the highest ranked person fails to meet the minimum standards
16for the position or if the appointing authority believes an
17alternate candidate would better serve the needs of the
18department, then the appointing authority has the right to pass
19over the highest ranked person and appoint either: (i) any
20person who has a ranking in the top 5% of the register of
21eligibles or (ii) any person who is among the top 5 highest
22ranked persons on the list of eligibles if the number of people
23who have a ranking in the top 5% of the register of eligibles
24is less than 5 people.
25    Any candidate may pass on an appointment once without
26losing his or her position on the register of eligibles. Any

 

 

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1candidate who passes a second time may be removed from the list
2by the appointing authority provided that such action shall not
3prejudice a person's opportunities to participate in future
4examinations, including an examination held during the time a
5candidate is already on the municipality's register of
6eligibles.
7    The sole authority to issue certificates of appointment
8shall be vested in the Civil Service Commission. All
9certificates of appointment issued to any officer or member of
10an affected department shall be signed by the chairperson and
11secretary, respectively, of the commission upon appointment of
12such officer or member to the affected department by the
13commission. Each person who accepts a certificate of
14appointment and successfully completes his or her probationary
15period shall be enrolled as a firefighter and as a regular
16member of the fire department.
17    For the purposes of this Section, "firefighter" means any
18person who has been prior to, on, or after the effective date
19of this amendatory Act of the 97th General Assembly appointed
20to a fire department or fire protection district or employed by
21a State university and sworn or commissioned to perform
22firefighter duties or paramedic duties, or both, except that
23the following persons are not included: part-time
24firefighters; auxiliary, reserve, or voluntary firefighters,
25including paid-on-call firefighters; clerks and dispatchers or
26other civilian employees of a fire department or fire

 

 

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1protection district who are not routinely expected to perform
2firefighter duties; and elected officials.
3    (c) Qualification for placement on register of eligibles.
4The purpose of establishing a register of eligibles is to
5identify applicants who possess and demonstrate the mental
6aptitude and physical ability to perform the duties required of
7members of the fire department in order to provide the highest
8quality of service to the public. To this end, all applicants
9for original appointment to an affected fire department shall
10be subject to examination and testing which shall be public,
11competitive, and open to all applicants unless the municipality
12shall by ordinance limit applicants to residents of the
13municipality, county or counties in which the municipality is
14located, State, or nation. Municipalities may establish
15educational, emergency medical service licensure, and other
16pre-requisites for participation in an examination or for hire
17as a firefighter. Any municipality may charge a fee to cover
18the costs of the application process.
19    Residency requirements in effect at the time an individual
20enters the fire service of a municipality cannot be made more
21restrictive for that individual during his or her period of
22service for that municipality, or be made a condition of
23promotion, except for the rank or position of fire chief and
24for no more than 2 positions that rank immediately below that
25of the chief rank which are appointed positions pursuant to the
26Fire Department Promotion Act.

 

 

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1    No person who is 35 years of age or older shall be eligible
2to take an examination for a position as a firefighter unless
3the person has had previous employment status as a firefighter
4in the regularly constituted fire department of the
5municipality, except as provided in this Section. The age
6limitation 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
21for employment as a firefighter.
22    No applicant shall be examined concerning his or her
23political or religious opinions or affiliations. The
24examinations shall be conducted by the commissioners of the
25municipality or their designees and agents.
26    No municipality shall require that any firefighter

 

 

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1appointed to the lowest rank serve a probationary employment
2period of longer than one year of actual active employment,
3which may exclude periods of training, or injury or illness
4leaves, including duty related leave, in excess of 30 calendar
5days. Notwithstanding anything to the contrary in this Section,
6the probationary employment period limitation may be extended
7for a firefighter who is required, as a condition of
8employment, to be a licensed certified paramedic, during which
9time the sole reason that a firefighter may be discharged
10without a hearing is for failing to meet the requirements for
11paramedic licensure certification.
12    In the event that any applicant who has been found eligible
13for appointment and whose name has been placed upon the final
14eligibility register provided for in this Division 1 has not
15been appointed to a firefighter position within one year after
16the date of his or her physical ability examination, the
17commission may cause a second examination to be made of that
18applicant's physical ability prior to his or her appointment.
19If, after the second examination, the physical ability of the
20applicant shall be found to be less than the minimum standard
21fixed by the rules of the commission, the applicant shall not
22be appointed. The applicant's name may be retained upon the
23register of candidates eligible for appointment and when next
24reached for certification and appointment that applicant may be
25again examined as provided in this Section, and if the physical
26ability of that applicant is found to be less than the minimum

 

 

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1standard fixed by the rules of the commission, the applicant
2shall not be appointed, and the name of the applicant shall be
3removed from the register.
4    (d) Notice, examination, and testing components. Notice of
5the time, place, general scope, merit criteria for any
6subjective component, and fee of every examination shall be
7given by the commission, by a publication at least 2 weeks
8preceding the examination: (i) in one or more newspapers
9published in the municipality, or if no newspaper is published
10therein, then in one or more newspapers with a general
11circulation within the municipality, or (ii) on the
12municipality's Internet website. Additional notice of the
13examination may be given as the commission shall prescribe.
14    The examination and qualifying standards for employment of
15firefighters shall be based on: mental aptitude, physical
16ability, preferences, moral character, and health. The mental
17aptitude, physical ability, and preference components shall
18determine an applicant's qualification for and placement on the
19final register of eligibles. The examination may also include a
20subjective component based on merit criteria as determined by
21the commission. Scores from the examination must be made
22available to the public.
23    (e) Mental aptitude. No person who does not possess at
24least a high school diploma or an equivalent high school
25education shall be placed on a register of eligibles.
26Examination of an applicant's mental aptitude shall be based

 

 

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1upon a written examination. The examination shall be practical
2in character and relate to those matters that fairly test the
3capacity of the persons examined to discharge the duties
4performed by members of a fire department. Written examinations
5shall be administered in a manner that ensures the security and
6accuracy of the scores achieved.
7    (f) Physical ability. All candidates shall be required to
8undergo an examination of their physical ability to perform the
9essential functions included in the duties they may be called
10upon to perform as a member of a fire department. For the
11purposes of this Section, essential functions of the job are
12functions associated with duties that a firefighter may be
13called upon to perform in response to emergency calls. The
14frequency of the occurrence of those duties as part of the fire
15department's regular routine shall not be a controlling factor
16in the design of examination criteria or evolutions selected
17for testing. These physical examinations shall be open,
18competitive, and based on industry standards designed to test
19each applicant's physical abilities in the following
20dimensions:
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
12capabilities in each of these dimensions may be tests based on
13industry standards currently in use or equivalent tests
14approved by the Joint Labor-Management Committee of the Office
15of the State Fire Marshal.
16    Physical ability examinations administered under this
17Section shall be conducted with a reasonable number of proctors
18and monitors, open to the public, and subject to reasonable
19regulations of the commission.
20    (g) Scoring of examination components. Appointing
21authorities may create a preliminary eligibility register. A
22person shall be placed on the list based upon his or her
23passage of the written examination or the passage of the
24written examination and the physical ability component.
25Passage of the written examination means a score that is at or
26above the median score for all applicants participating in the

 

 

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1written test. The appointing authority may conduct the physical
2ability component and any subjective components subsequent to
3the posting of the preliminary eligibility register.
4    The examination components for an initial eligibility
5register shall be graded on a 100-point scale. A person's
6position on the list shall be determined by the following: (i)
7the person's score on the written examination, (ii) the person
8successfully passing the physical ability component, and (iii)
9the person's results on any subjective component as described
10in subsection (d).
11    In order to qualify for placement on the final eligibility
12register, an applicant's score on the written examination,
13before any applicable preference points or subjective points
14are applied, shall be at or above the median score. The local
15appointing authority may prescribe the score to qualify for
16placement on the final eligibility register, but the score
17shall not be less than the median score.
18    The commission shall prepare and keep a register of persons
19whose total score is not less than the minimum fixed by this
20Section and who have passed the physical ability examination.
21These persons shall take rank upon the register as candidates
22in the order of their relative excellence based on the highest
23to the lowest total points scored on the mental aptitude,
24subjective component, and preference components of the test
25administered in accordance with this Section. No more than 60
26days after each examination, an initial eligibility list shall

 

 

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1be posted by the commission. The list shall include the final
2grades of the candidates without reference to priority of the
3time of examination and subject to claim for preference credit.
4    Commissions may conduct additional examinations, including
5without limitation a polygraph test, after a final eligibility
6register is established and before it expires with the
7candidates ranked by total score without regard to date of
8examination. No more than 60 days after each examination, an
9initial eligibility list shall be posted by the commission
10showing the final grades of the candidates without reference to
11priority of time of examination and subject to claim for
12preference 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

 

 

SB3414 Enrolled- 22 -LRB098 16189 RPS 55673 b

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

 

 

SB3414 Enrolled- 23 -LRB098 16189 RPS 55673 b

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
26claim the credit before any examination held under the

 

 

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1provisions of this Section, but the preference shall be given
2after the posting or publication of the initial eligibility
3list or register at the request of a person entitled to a
4credit before any certification or appointments are made from
5the eligibility register, upon the furnishing of verifiable
6evidence and proof of qualifying preference credit. Candidates
7who are eligible for preference credit shall make a claim in
8writing within 10 days after the posting of the initial
9eligibility list, or the claim shall be deemed waived. Final
10eligibility registers shall be established after the awarding
11of verified preference points. All employment shall be subject
12to the commission's initial hire background review including,
13but not limited to, criminal history, employment history, moral
14character, oral examination, and medical and psychological
15examinations, all on a pass-fail basis. The medical and
16psychological examinations must be conducted last, and may only
17be performed after a conditional offer of employment has been
18extended.
19    Any person placed on an eligibility list who exceeds the
20age requirement before being appointed to a fire department
21shall remain eligible for appointment until the list is
22abolished, or his or her name has been on the list for a period
23of 2 years. No person who has attained the age of 35 years
24shall be inducted into a fire department, except as otherwise
25provided in this Section.
26    The commission shall strike off the names of candidates for

 

 

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1original appointment after the names have been on the list for
2more than 2 years.
3    (i) Moral character. No person shall be appointed to a fire
4department unless he or she is a person of good character; not
5a habitual drunkard, a gambler, or a person who has been
6convicted of a felony or a crime involving moral turpitude.
7However, no person shall be disqualified from appointment to
8the fire department because of the person's record of
9misdemeanor convictions except those under Sections 11-6,
1011-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1112-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1231-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
131, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
14Criminal Code of 2012, or arrest for any cause without
15conviction thereon. Any such person who is in the department
16may be removed on charges brought for violating this subsection
17and after a trial as hereinafter provided.
18    A classifiable set of the fingerprints of every person who
19is offered employment as a certificated member of an affected
20fire department whether with or without compensation, shall be
21furnished to the Illinois Department of State Police and to the
22Federal Bureau of Investigation by the commission.
23    Whenever a commission is authorized or required by law to
24consider some aspect of criminal history record information for
25the purpose of carrying out its statutory powers and
26responsibilities, then, upon request and payment of fees in

 

 

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1conformance with the requirements of Section 2605-400 of the
2State Police Law of the Civil Administrative Code of Illinois,
3the Department of State Police is authorized to furnish,
4pursuant to positive identification, the information contained
5in State files as is necessary to fulfill the request.
6    (j) Temporary appointments. In order to prevent a stoppage
7of public business, to meet extraordinary exigencies, or to
8prevent material impairment of the fire department, the
9commission may make temporary appointments, to remain in force
10only until regular appointments are made under the provisions
11of this Division, but never to exceed 60 days. No temporary
12appointment of any one person shall be made more than twice in
13any calendar year.
14    (k) A person who knowingly divulges or receives test
15questions or answers before a written examination, or otherwise
16knowingly violates or subverts any requirement of this Section,
17commits a violation of this Section and may be subject to
18charges for official misconduct.
19    A person who is the knowing recipient of test information
20in advance of the examination shall be disqualified from the
21examination or discharged from the position to which he or she
22was appointed, as applicable, and otherwise subjected to
23disciplinary actions.
24(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
2597-1150, 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
3members; Certificates of appointments.
4    The board of fire and police commissioners shall appoint
5all officers and members of the fire and police departments of
6the municipality, including the chief of police and the chief
7of the fire department, unless the council or board of trustees
8shall by ordinance as to them otherwise provide; except as
9otherwise provided in this Section, and except that in any
10municipality which adopts or has adopted this Division 2.1 and
11also adopts or has adopted Article 5 of this Code, the chief of
12police and the chief of the fire department shall be appointed
13by the municipal manager, if it is provided by ordinance in
14such municipality that such chiefs, or either of them, shall
15not be appointed by the board of fire and police commissioners.
16    If the chief of the fire department or the chief of the
17police department or both of them are appointed in the manner
18provided by ordinance, they may be removed or discharged by the
19appointing authority. In such case the appointing authority
20shall file with the corporate authorities the reasons for such
21removal or discharge, which removal or discharge shall not
22become effective unless confirmed by a majority vote of the
23corporate authorities.
24    If a member of the department is appointed chief of police
25or chief of the fire department prior to being eligible to
26retire on pension, he shall be considered as on furlough from

 

 

SB3414 Enrolled- 28 -LRB098 16189 RPS 55673 b

1the rank he held immediately prior to his appointment as chief.
2If he resigns as chief or is discharged as chief prior to
3attaining eligibility to retire on pension, he shall revert to
4and be established in whatever rank he currently holds, except
5for previously appointed positions, and thereafter be entitled
6to all the benefits and emoluments of that rank, without regard
7as to whether a vacancy then exists in that rank.
8    All appointments to each department other than that of the
9lowest rank, however, shall be from the rank next below that to
10which the appointment is made except as otherwise provided in
11this Section, and except that the chief of police and the chief
12of the fire department may be appointed from among members of
13the police and fire departments, respectively, regardless of
14rank, unless the council or board of trustees shall have by
15ordinance as to them otherwise provided. A chief of police or
16the chief of the fire department, having been appointed from
17among members of the police or fire department, respectively,
18shall be permitted, regardless of rank, to take promotional
19exams and be promoted to a higher classified rank than he
20currently holds, without having to resign as chief of police or
21chief of the fire department.
22    The sole authority to issue certificates of appointment
23shall be vested in the Board of Fire and Police Commissioners
24and all certificates of appointments issued to any officer or
25member of the fire or police department of a municipality shall
26be signed by the chairman and secretary respectively of the

 

 

SB3414 Enrolled- 29 -LRB098 16189 RPS 55673 b

1board of fire and police commissioners of such municipality,
2upon appointment of such officer or member of the fire and
3police department of such municipality by action of the board
4of fire and police commissioners. In any municipal fire
5department that employs full-time firefighters and is subject
6to a collective bargaining agreement, a person who has not
7qualified for regular appointment under the provisions of this
8Division 2.1 shall not be used as a temporary or permanent
9substitute for classified members of a municipality's fire
10department or for regular appointment as a classified member of
11a municipality's fire department unless mutually agreed to by
12the employee's certified bargaining agent. Such agreement
13shall be considered a permissive subject of bargaining.
14Municipal fire departments covered by the changes made by this
15amendatory Act of the 95th General Assembly that are using
16non-certificated employees as substitutes immediately prior to
17the effective date of this amendatory Act of the 95th General
18Assembly may, by mutual agreement with the certified bargaining
19agent, continue the existing practice or a modified practice
20and that agreement shall be considered a permissive subject of
21bargaining. A home rule unit may not regulate the hiring of
22temporary or substitute members of the municipality's fire
23department in a manner that is inconsistent with this Section.
24This Section is a limitation under subsection (i) of Section 6
25of Article VII of the Illinois Constitution on the concurrent
26exercise by home rule units of powers and functions exercised

 

 

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1by the State.
2    The term "policemen" as used in this Division does not
3include auxiliary police officers except as provided for in
4Section 10-2.1-6.
5    Any full time member of a regular fire or police department
6of any municipality which comes under the provisions of this
7Division or adopts this Division 2.1 or which has adopted any
8of the prior Acts pertaining to fire and police commissioners,
9is a city officer.
10    Notwithstanding any other provision of this Section, the
11Chief of Police of a department in a non-home rule municipality
12of more than 130,000 inhabitants may, without the advice or
13consent of the Board of Fire and Police Commissioners, appoint
14up to 6 officers who shall be known as deputy chiefs or
15assistant deputy chiefs, and whose rank shall be immediately
16below that of Chief. The deputy or assistant deputy chiefs may
17be appointed from any rank of sworn officers of that
18municipality, but no person who is not such a sworn officer may
19be so appointed. Such deputy chief or assistant deputy chief
20shall have the authority to direct and issue orders to all
21employees of the Department holding the rank of captain or any
22lower rank. A deputy chief of police or assistant deputy chief
23of police, having been appointed from any rank of sworn
24officers of that municipality, shall be permitted, regardless
25of rank, to take promotional exams and be promoted to a higher
26classified rank than he currently holds, without having to

 

 

SB3414 Enrolled- 31 -LRB098 16189 RPS 55673 b

1resign as deputy chief of police or assistant deputy chief of
2police.
3    Notwithstanding any other provision of this Section, a
4non-home rule municipality of 130,000 or fewer inhabitants,
5through its council or board of trustees, may, by ordinance,
6provide for a position of deputy chief to be appointed by the
7chief of the police department. The ordinance shall provide for
8no more than one deputy chief position if the police department
9has fewer than 25 full-time police officers and for no more
10than 2 deputy chief positions if the police department has 25
11or more full-time police officers. The deputy chief position
12shall be an exempt rank immediately below that of Chief. The
13deputy chief may be appointed from any rank of sworn, full-time
14officers of the municipality's police department, but must have
15at least 5 years of full-time service as a police officer in
16that department. A deputy chief shall serve at the discretion
17of the Chief and, if removed from the position, shall revert to
18the rank currently held, without regard as to whether a vacancy
19exists in that rank. A deputy chief of police, having been
20appointed from any rank of sworn full-time officers of that
21municipality's police department, shall be permitted,
22regardless of rank, to take promotional exams and be promoted
23to a higher classified rank than he currently holds, without
24having to resign as deputy chief of police.
25    No municipality having a population less than 1,000,000
26shall require that any firefighter appointed to the lowest rank

 

 

SB3414 Enrolled- 32 -LRB098 16189 RPS 55673 b

1serve a probationary employment period of longer than one year.
2The limitation on periods of probationary employment provided
3in this amendatory Act of 1989 is an exclusive power and
4function of the State. Pursuant to subsection (h) of Section 6
5of Article VII of the Illinois Constitution, a home rule
6municipality having a population less than 1,000,000 must
7comply with this limitation on periods of probationary
8employment, which is a denial and limitation of home rule
9powers. Notwithstanding anything to the contrary in this
10Section, the probationary employment period limitation may be
11extended for a firefighter who is required, as a condition of
12employment, to be a licensed certified paramedic, during which
13time the sole reason that a firefighter may be discharged
14without a hearing is for failing to meet the requirements for
15paramedic licensure certification.
16    To the extent that this Section or any other Section in
17this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
18then 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
22department.
23    (a) Applicability. Unless a commission elects to follow the
24provisions of Section 10-2.1-6.4, this Section shall apply to
25all original appointments to an affected full-time fire

 

 

SB3414 Enrolled- 33 -LRB098 16189 RPS 55673 b

1department. Existing registers of eligibles shall continue to
2be valid until their expiration dates, or up to a maximum of 2
3years after the effective date of this amendatory Act of the
497th General Assembly.
5    Notwithstanding any statute, ordinance, rule, or other law
6to the contrary, all original appointments to an affected
7department to which this Section applies shall be administered
8in the manner provided for in this Section. Provisions of the
9Illinois Municipal Code, municipal ordinances, and rules
10adopted pursuant to such authority and other laws relating to
11initial hiring of firefighters in affected departments shall
12continue to apply to the extent they are compatible with this
13Section, but in the event of a conflict between this Section
14and any other law, this Section shall control.
15    A home rule or non-home rule municipality may not
16administer its fire department process for original
17appointments in a manner that is less stringent than this
18Section. This Section is a limitation under subsection (i) of
19Section 6 of Article VII of the Illinois Constitution on the
20concurrent exercise by home rule units of the powers and
21functions exercised by the State.
22    A municipality that is operating under a court order or
23consent decree regarding original appointments to a full-time
24fire department before the effective date of this amendatory
25Act of the 97th General Assembly is exempt from the
26requirements of this Section for the duration of the court

 

 

SB3414 Enrolled- 34 -LRB098 16189 RPS 55673 b

1order or consent decree.
2    Notwithstanding any other provision of this subsection
3(a), this Section does not apply to a municipality with more
4than 1,000,000 inhabitants.
5    (b) Original appointments. All original appointments made
6to an affected fire department shall be made from a register of
7eligibles established in accordance with the processes
8established by this Section. Only persons who meet or exceed
9the performance standards required by this Section shall be
10placed on a register of eligibles for original appointment to
11an affected fire department.
12    Whenever an appointing authority authorizes action to hire
13a person to perform the duties of a firefighter or to hire a
14firefighter-paramedic to fill a position that is a new position
15or vacancy due to resignation, discharge, promotion, death, the
16granting of a disability or retirement pension, or any other
17cause, the appointing authority shall appoint to that position
18the person with the highest ranking on the final eligibility
19list. If the appointing authority has reason to conclude that
20the highest ranked person fails to meet the minimum standards
21for the position or if the appointing authority believes an
22alternate candidate would better serve the needs of the
23department, then the appointing authority has the right to pass
24over the highest ranked person and appoint either: (i) any
25person who has a ranking in the top 5% of the register of
26eligibles or (ii) any person who is among the top 5 highest

 

 

SB3414 Enrolled- 35 -LRB098 16189 RPS 55673 b

1ranked persons on the list of eligibles if the number of people
2who have a ranking in the top 5% of the register of eligibles
3is less than 5 people.
4    Any candidate may pass on an appointment once without
5losing his or her position on the register of eligibles. Any
6candidate who passes a second time may be removed from the list
7by the appointing authority provided that such action shall not
8prejudice a person's opportunities to participate in future
9examinations, including an examination held during the time a
10candidate is already on the municipality's register of
11eligibles.
12    The sole authority to issue certificates of appointment
13shall be vested in the board of fire and police commissioners.
14All certificates of appointment issued to any officer or member
15of an affected department shall be signed by the chairperson
16and secretary, respectively, of the board upon appointment of
17such officer or member to the affected department by action of
18the board. Each person who accepts a certificate of appointment
19and successfully completes his or her probationary period shall
20be enrolled as a firefighter and as a regular member of the
21fire department.
22    For the purposes of this Section, "firefighter" means any
23person who has been prior to, on, or after the effective date
24of this amendatory Act of the 97th General Assembly appointed
25to a fire department or fire protection district or employed by
26a State university and sworn or commissioned to perform

 

 

SB3414 Enrolled- 36 -LRB098 16189 RPS 55673 b

1firefighter duties or paramedic duties, or both, except that
2the following persons are not included: part-time
3firefighters; auxiliary, reserve, or voluntary firefighters,
4including paid-on-call firefighters; clerks and dispatchers or
5other civilian employees of a fire department or fire
6protection district who are not routinely expected to perform
7firefighter duties; and elected officials.
8    (c) Qualification for placement on register of eligibles.
9The purpose of establishing a register of eligibles is to
10identify applicants who possess and demonstrate the mental
11aptitude and physical ability to perform the duties required of
12members of the fire department in order to provide the highest
13quality of service to the public. To this end, all applicants
14for original appointment to an affected fire department shall
15be subject to examination and testing which shall be public,
16competitive, and open to all applicants unless the municipality
17shall by ordinance limit applicants to residents of the
18municipality, county or counties in which the municipality is
19located, State, or nation. Municipalities may establish
20educational, emergency medical service licensure, and other
21pre-requisites for participation in an examination or for hire
22as a firefighter. Any municipality may charge a fee to cover
23the costs of the application process.
24    Residency requirements in effect at the time an individual
25enters the fire service of a municipality cannot be made more
26restrictive for that individual during his or her period of

 

 

SB3414 Enrolled- 37 -LRB098 16189 RPS 55673 b

1service for that municipality, or be made a condition of
2promotion, except for the rank or position of fire chief and
3for no more than 2 positions that rank immediately below that
4of the chief rank which are appointed positions pursuant to the
5Fire Department Promotion Act.
6    No person who is 35 years of age or older shall be eligible
7to take an examination for a position as a firefighter unless
8the person has had previous employment status as a firefighter
9in the regularly constituted fire department of the
10municipality, except as provided in this Section. The age
11limitation 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
26for employment as a firefighter.

 

 

SB3414 Enrolled- 38 -LRB098 16189 RPS 55673 b

1    No applicant shall be examined concerning his or her
2political or religious opinions or affiliations. The
3examinations shall be conducted by the commissioners of the
4municipality or their designees and agents.
5    No municipality shall require that any firefighter
6appointed to the lowest rank serve a probationary employment
7period of longer than one year of actual active employment,
8which may exclude periods of training, or injury or illness
9leaves, including duty related leave, in excess of 30 calendar
10days. Notwithstanding anything to the contrary in this Section,
11the probationary employment period limitation may be extended
12for a firefighter who is required, as a condition of
13employment, to be a licensed certified paramedic, during which
14time the sole reason that a firefighter may be discharged
15without a hearing is for failing to meet the requirements for
16paramedic licensure certification.
17    In the event that any applicant who has been found eligible
18for appointment and whose name has been placed upon the final
19eligibility register provided for in this Section has not been
20appointed to a firefighter position within one year after the
21date of his or her physical ability examination, the commission
22may cause a second examination to be made of that applicant's
23physical ability prior to his or her appointment. If, after the
24second examination, the physical ability of the applicant shall
25be found to be less than the minimum standard fixed by the
26rules of the commission, the applicant shall not be appointed.

 

 

SB3414 Enrolled- 39 -LRB098 16189 RPS 55673 b

1The applicant's name may be retained upon the register of
2candidates eligible for appointment and when next reached for
3certification and appointment that applicant may be again
4examined as provided in this Section, and if the physical
5ability of that applicant is found to be less than the minimum
6standard fixed by the rules of the commission, the applicant
7shall not be appointed, and the name of the applicant shall be
8removed from the register.
9    (d) Notice, examination, and testing components. Notice of
10the time, place, general scope, merit criteria for any
11subjective component, and fee of every examination shall be
12given by the commission, by a publication at least 2 weeks
13preceding the examination: (i) in one or more newspapers
14published in the municipality, or if no newspaper is published
15therein, then in one or more newspapers with a general
16circulation within the municipality, or (ii) on the
17municipality's Internet website. Additional notice of the
18examination may be given as the commission shall prescribe.
19    The examination and qualifying standards for employment of
20firefighters shall be based on: mental aptitude, physical
21ability, preferences, moral character, and health. The mental
22aptitude, physical ability, and preference components shall
23determine an applicant's qualification for and placement on the
24final register of eligibles. The examination may also include a
25subjective component based on merit criteria as determined by
26the commission. Scores from the examination must be made

 

 

SB3414 Enrolled- 40 -LRB098 16189 RPS 55673 b

1available to the public.
2    (e) Mental aptitude. No person who does not possess at
3least a high school diploma or an equivalent high school
4education shall be placed on a register of eligibles.
5Examination of an applicant's mental aptitude shall be based
6upon a written examination. The examination shall be practical
7in character and relate to those matters that fairly test the
8capacity of the persons examined to discharge the duties
9performed by members of a fire department. Written examinations
10shall be administered in a manner that ensures the security and
11accuracy of the scores achieved.
12    (f) Physical ability. All candidates shall be required to
13undergo an examination of their physical ability to perform the
14essential functions included in the duties they may be called
15upon to perform as a member of a fire department. For the
16purposes of this Section, essential functions of the job are
17functions associated with duties that a firefighter may be
18called upon to perform in response to emergency calls. The
19frequency of the occurrence of those duties as part of the fire
20department's regular routine shall not be a controlling factor
21in the design of examination criteria or evolutions selected
22for testing. These physical examinations shall be open,
23competitive, and based on industry standards designed to test
24each applicant's physical abilities in the following
25dimensions:
26        (1) Muscular strength to perform tasks and evolutions

 

 

SB3414 Enrolled- 41 -LRB098 16189 RPS 55673 b

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
17capabilities in each of these dimensions may be tests based on
18industry standards currently in use or equivalent tests
19approved by the Joint Labor-Management Committee of the Office
20of the State Fire Marshal.
21    Physical ability examinations administered under this
22Section shall be conducted with a reasonable number of proctors
23and monitors, open to the public, and subject to reasonable
24regulations of the commission.
25    (g) Scoring of examination components. Appointing
26authorities may create a preliminary eligibility register. A

 

 

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1person shall be placed on the list based upon his or her
2passage of the written examination or the passage of the
3written examination and the physical ability component.
4Passage of the written examination means a score that is at or
5above the median score for all applicants participating in the
6written test. The appointing authority may conduct the physical
7ability component and any subjective components subsequent to
8the posting of the preliminary eligibility register.
9    The examination components for an initial eligibility
10register shall be graded on a 100-point scale. A person's
11position on the list shall be determined by the following: (i)
12the person's score on the written examination, (ii) the person
13successfully passing the physical ability component, and (iii)
14the person's results on any subjective component as described
15in subsection (d).
16    In order to qualify for placement on the final eligibility
17register, an applicant's score on the written examination,
18before any applicable preference points or subjective points
19are applied, shall be at or above the median score. The local
20appointing authority may prescribe the score to qualify for
21placement on the final eligibility register, but the score
22shall not be less than the median score.
23    The commission shall prepare and keep a register of persons
24whose total score is not less than the minimum fixed by this
25Section and who have passed the physical ability examination.
26These persons shall take rank upon the register as candidates

 

 

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1in the order of their relative excellence based on the highest
2to the lowest total points scored on the mental aptitude,
3subjective component, and preference components of the test
4administered in accordance with this Section. No more than 60
5days after each examination, an initial eligibility list shall
6be posted by the commission. The list shall include the final
7grades of the candidates without reference to priority of the
8time of examination and subject to claim for preference credit.
9    Commissions may conduct additional examinations, including
10without limitation a polygraph test, after a final eligibility
11register is established and before it expires with the
12candidates ranked by total score without regard to date of
13examination. No more than 60 days after each examination, an
14initial eligibility list shall be posted by the commission
15showing the final grades of the candidates without reference to
16priority of time of examination and subject to claim for
17preference 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

 

 

SB3414 Enrolled- 45 -LRB098 16189 RPS 55673 b

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
10claim the credit before any examination held under the
11provisions of this Section, but the preference shall be given
12after the posting or publication of the initial eligibility
13list or register at the request of a person entitled to a
14credit before any certification or appointments are made from
15the eligibility register, upon the furnishing of verifiable
16evidence and proof of qualifying preference credit. Candidates
17who are eligible for preference credit shall make a claim in
18writing within 10 days after the posting of the initial
19eligibility list, or the claim shall be deemed waived. Final
20eligibility registers shall be established after the awarding
21of verified preference points. All employment shall be subject
22to the commission's initial hire background review including,
23but not limited to, criminal history, employment history, moral
24character, oral examination, and medical and psychological
25examinations, all on a pass-fail basis. The medical and
26psychological examinations must be conducted last, and may only

 

 

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1be performed after a conditional offer of employment has been
2extended.
3    Any person placed on an eligibility list who exceeds the
4age requirement before being appointed to a fire department
5shall remain eligible for appointment until the list is
6abolished, or his or her name has been on the list for a period
7of 2 years. No person who has attained the age of 35 years
8shall be inducted into a fire department, except as otherwise
9provided in this Section.
10    The commission shall strike off the names of candidates for
11original appointment after the names have been on the list for
12more than 2 years.
13    (i) Moral character. No person shall be appointed to a fire
14department unless he or she is a person of good character; not
15a habitual drunkard, a gambler, or a person who has been
16convicted of a felony or a crime involving moral turpitude.
17However, no person shall be disqualified from appointment to
18the fire department because of the person's record of
19misdemeanor convictions except those under Sections 11-6,
2011-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2112-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2231-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
231, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
24Criminal Code of 2012, or arrest for any cause without
25conviction thereon. Any such person who is in the department
26may be removed on charges brought for violating this subsection

 

 

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1and after a trial as hereinafter provided.
2    A classifiable set of the fingerprints of every person who
3is offered employment as a certificated member of an affected
4fire department whether with or without compensation, shall be
5furnished to the Illinois Department of State Police and to the
6Federal Bureau of Investigation by the commission.
7    Whenever a commission is authorized or required by law to
8consider some aspect of criminal history record information for
9the purpose of carrying out its statutory powers and
10responsibilities, then, upon request and payment of fees in
11conformance with the requirements of Section 2605-400 of the
12State Police Law of the Civil Administrative Code of Illinois,
13the Department of State Police is authorized to furnish,
14pursuant to positive identification, the information contained
15in State files as is necessary to fulfill the request.
16    (j) Temporary appointments. In order to prevent a stoppage
17of public business, to meet extraordinary exigencies, or to
18prevent material impairment of the fire department, the
19commission may make temporary appointments, to remain in force
20only until regular appointments are made under the provisions
21of this Division, but never to exceed 60 days. No temporary
22appointment of any one person shall be made more than twice in
23any calendar year.
24    (k) A person who knowingly divulges or receives test
25questions or answers before a written examination, or otherwise
26knowingly violates or subverts any requirement of this Section,

 

 

SB3414 Enrolled- 50 -LRB098 16189 RPS 55673 b

1commits a violation of this Section and may be subject to
2charges for official misconduct.
3    A person who is the knowing recipient of test information
4in advance of the examination shall be disqualified from the
5examination or discharged from the position to which he or she
6was appointed, as applicable, and otherwise subjected to
7disciplinary actions.
8(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
997-1150, 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
12and police commissioners shall prepare and keep a register of
13persons whose general average standing, upon examination, is
14not less than the minimum fixed by the rules of the board, and
15who are otherwise eligible. These persons shall take rank upon
16the register as candidates in the order of their relative
17excellence as determined by examination, without reference to
18priority of time of examination. The board of fire and police
19commissioners may prepare and keep a second register of persons
20who have previously been full-time sworn officers of a regular
21police department in any municipal, county, university, or
22State law enforcement agency, provided they are certified by
23the Illinois Law Enforcement Training Standards Board and have
24been with their respective law enforcement agency within the
25State for at least 2 years. The persons on this list shall take

 

 

SB3414 Enrolled- 51 -LRB098 16189 RPS 55673 b

1rank upon the register as candidates in the order of their
2relative excellence as determined by members of the board of
3fire and police commissioners. Applicants who have been awarded
4a certificate attesting to their successful completion of the
5Minimum Standards Basic Law Enforcement Training Course, as
6provided in the Illinois Police Training Act, may be given
7preference in appointment over noncertified applicants.
8Applicants for appointment to fire departments who are licensed
9as an EMT EMT-B, EMT-I, A-EMT, or paramedic EMT-P under the
10Emergency Medical Services (EMS) Systems Act, may be given
11preference in appointment over non-licensed applicants.
12    Within 60 days after each examination, an eligibility list
13shall be posted by the board, which shall show the final grades
14of the candidates without reference to priority of time of
15examination and subject to claim for military credit.
16Candidates who are eligible for military credit shall make a
17claim in writing within 10 days after the posting of the
18eligibility list or such claim shall be deemed waived.
19Appointment shall be subject to a final physical examination.
20    If a person is placed on an eligibility list and becomes
21overage before he or she is appointed to a police or fire
22department, the person remains eligible for appointment until
23the list is abolished pursuant to authorized procedures.
24Otherwise no person who has attained the age of 36 years shall
25be inducted as a member of a police department and no person
26who has attained the age of 35 years shall be inducted as a

 

 

SB3414 Enrolled- 52 -LRB098 16189 RPS 55673 b

1member of a fire department, except as otherwise provided in
2this division. With respect to a police department, a veteran
3shall be allowed to exceed the maximum age provision of this
4Section by the number of years served on active military duty,
5but 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.
9The corporate authorities of any municipality may require that
10all firefighters hired by the municipality on or after January
111, 2009 (the effective date of Public Act 95-935) this
12amendatory Act of the 95th General Assembly be licensed as an
13EMT EMT-B, EMT-I, A-EMT, or paramedic EMT-P under the Emergency
14Medical 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
17changing 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
20department.
21    (a) Applicability. Unless a commission elects to follow the
22provisions of Section 16.06c, this Section shall apply to all
23original appointments to an affected full-time fire

 

 

SB3414 Enrolled- 53 -LRB098 16189 RPS 55673 b

1department. Existing registers of eligibles shall continue to
2be valid until their expiration dates, or up to a maximum of 2
3years after the effective date of this amendatory Act of the
497th General Assembly.
5    Notwithstanding any statute, ordinance, rule, or other law
6to the contrary, all original appointments to an affected
7department to which this Section applies shall be administered
8in a no less stringent manner than the manner provided for in
9this Section. Provisions of the Illinois Municipal Code, Fire
10Protection District Act, fire district ordinances, and rules
11adopted pursuant to such authority and other laws relating to
12initial hiring of firefighters in affected departments shall
13continue to apply to the extent they are compatible with this
14Section, but in the event of a conflict between this Section
15and any other law, this Section shall control.
16    A fire protection district that is operating under a court
17order or consent decree regarding original appointments to a
18full-time fire department before the effective date of this
19amendatory Act of the 97th General Assembly is exempt from the
20requirements of this Section for the duration of the court
21order or consent decree.
22    (b) Original appointments. All original appointments made
23to an affected fire department shall be made from a register of
24eligibles established in accordance with the processes
25required by this Section. Only persons who meet or exceed the
26performance standards required by the Section shall be placed

 

 

SB3414 Enrolled- 54 -LRB098 16189 RPS 55673 b

1on a register of eligibles for original appointment to an
2affected fire department.
3    Whenever an appointing authority authorizes action to hire
4a person to perform the duties of a firefighter or to hire a
5firefighter-paramedic to fill a position that is a new position
6or vacancy due to resignation, discharge, promotion, death, the
7granting of a disability or retirement pension, or any other
8cause, the appointing authority shall appoint to that position
9the person with the highest ranking on the final eligibility
10list. If the appointing authority has reason to conclude that
11the highest ranked person fails to meet the minimum standards
12for the position or if the appointing authority believes an
13alternate candidate would better serve the needs of the
14department, then the appointing authority has the right to pass
15over the highest ranked person and appoint either: (i) any
16person who has a ranking in the top 5% of the register of
17eligibles or (ii) any person who is among the top 5 highest
18ranked persons on the list of eligibles if the number of people
19who have a ranking in the top 5% of the register of eligibles
20is less than 5 people.
21    Any candidate may pass on an appointment once without
22losing his or her position on the register of eligibles. Any
23candidate who passes a second time may be removed from the list
24by the appointing authority provided that such action shall not
25prejudice a person's opportunities to participate in future
26examinations, including an examination held during the time a

 

 

SB3414 Enrolled- 55 -LRB098 16189 RPS 55673 b

1candidate is already on the fire district's register of
2eligibles.
3    The sole authority to issue certificates of appointment
4shall be vested in the board of fire commissioners, or board of
5trustees serving in the capacity of a board of fire
6commissioners. All certificates of appointment issued to any
7officer or member of an affected department shall be signed by
8the chairperson and secretary, respectively, of the commission
9upon appointment of such officer or member to the affected
10department by action of the commission. Each person who accepts
11a certificate of appointment and successfully completes his or
12her probationary period shall be enrolled as a firefighter and
13as a regular member of the fire department.
14    For the purposes of this Section, "firefighter" means any
15person who has been prior to, on, or after the effective date
16of this amendatory Act of the 97th General Assembly appointed
17to a fire department or fire protection district or employed by
18a State university and sworn or commissioned to perform
19firefighter duties or paramedic duties, or both, except that
20the following persons are not included: part-time
21firefighters; auxiliary, reserve, or voluntary firefighters,
22including paid-on-call firefighters; clerks and dispatchers or
23other civilian employees of a fire department or fire
24protection district who are not routinely expected to perform
25firefighter duties; and elected officials.
26    (c) Qualification for placement on register of eligibles.

 

 

SB3414 Enrolled- 56 -LRB098 16189 RPS 55673 b

1The purpose of establishing a register of eligibles is to
2identify applicants who possess and demonstrate the mental
3aptitude and physical ability to perform the duties required of
4members of the fire department in order to provide the highest
5quality of service to the public. To this end, all applicants
6for original appointment to an affected fire department shall
7be subject to examination and testing which shall be public,
8competitive, and open to all applicants unless the district
9shall by ordinance limit applicants to residents of the
10district, county or counties in which the district is located,
11State, or nation. Districts may establish educational,
12emergency medical service licensure, and other pre-requisites
13for participation in an examination or for hire as a
14firefighter. Any fire protection district may charge a fee to
15cover the costs of the application process.
16    Residency requirements in effect at the time an individual
17enters the fire service of a district cannot be made more
18restrictive for that individual during his or her period of
19service for that district, or be made a condition of promotion,
20except for the rank or position of fire chief and for no more
21than 2 positions that rank immediately below that of the chief
22rank which are appointed positions pursuant to the Fire
23Department Promotion Act.
24    No person who is 35 years of age or older shall be eligible
25to take an examination for a position as a firefighter unless
26the person has had previous employment status as a firefighter

 

 

SB3414 Enrolled- 57 -LRB098 16189 RPS 55673 b

1in the regularly constituted fire department of the district,
2except as provided in this Section. The age limitation does not
3apply 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
18for employment as a firefighter.
19    No applicant shall be examined concerning his or her
20political or religious opinions or affiliations. The
21examinations shall be conducted by the commissioners of the
22district or their designees and agents.
23    No district shall require that any firefighter appointed to
24the lowest rank serve a probationary employment period of
25longer than one year of actual active employment, which may
26exclude periods of training, or injury or illness leaves,

 

 

SB3414 Enrolled- 58 -LRB098 16189 RPS 55673 b

1including duty related leave, in excess of 30 calendar days.
2Notwithstanding anything to the contrary in this Section, the
3probationary employment period limitation may be extended for a
4firefighter who is required, as a condition of employment, to
5be a licensed certified paramedic, during which time the sole
6reason that a firefighter may be discharged without a hearing
7is for failing to meet the requirements for paramedic licensure
8certification.
9    In the event that any applicant who has been found eligible
10for appointment and whose name has been placed upon the final
11eligibility register provided for in this Section has not been
12appointed to a firefighter position within one year after the
13date of his or her physical ability examination, the commission
14may cause a second examination to be made of that applicant's
15physical ability prior to his or her appointment. If, after the
16second examination, the physical ability of the applicant shall
17be found to be less than the minimum standard fixed by the
18rules of the commission, the applicant shall not be appointed.
19The applicant's name may be retained upon the register of
20candidates eligible for appointment and when next reached for
21certification and appointment that applicant may be again
22examined as provided in this Section, and if the physical
23ability of that applicant is found to be less than the minimum
24standard fixed by the rules of the commission, the applicant
25shall not be appointed, and the name of the applicant shall be
26removed from the register.

 

 

SB3414 Enrolled- 59 -LRB098 16189 RPS 55673 b

1    (d) Notice, examination, and testing components. Notice of
2the time, place, general scope, merit criteria for any
3subjective component, and fee of every examination shall be
4given by the commission, by a publication at least 2 weeks
5preceding the examination: (i) in one or more newspapers
6published in the district, or if no newspaper is published
7therein, then in one or more newspapers with a general
8circulation within the district, or (ii) on the fire protection
9district's Internet website. Additional notice of the
10examination may be given as the commission shall prescribe.
11    The examination and qualifying standards for employment of
12firefighters shall be based on: mental aptitude, physical
13ability, preferences, moral character, and health. The mental
14aptitude, physical ability, and preference components shall
15determine an applicant's qualification for and placement on the
16final register of eligibles. The examination may also include a
17subjective component based on merit criteria as determined by
18the commission. Scores from the examination must be made
19available to the public.
20    (e) Mental aptitude. No person who does not possess at
21least a high school diploma or an equivalent high school
22education shall be placed on a register of eligibles.
23Examination of an applicant's mental aptitude shall be based
24upon a written examination. The examination shall be practical
25in character and relate to those matters that fairly test the
26capacity of the persons examined to discharge the duties

 

 

SB3414 Enrolled- 60 -LRB098 16189 RPS 55673 b

1performed by members of a fire department. Written examinations
2shall be administered in a manner that ensures the security and
3accuracy of the scores achieved.
4    (f) Physical ability. All candidates shall be required to
5undergo an examination of their physical ability to perform the
6essential functions included in the duties they may be called
7upon to perform as a member of a fire department. For the
8purposes of this Section, essential functions of the job are
9functions associated with duties that a firefighter may be
10called upon to perform in response to emergency calls. The
11frequency of the occurrence of those duties as part of the fire
12department's regular routine shall not be a controlling factor
13in the design of examination criteria or evolutions selected
14for testing. These physical examinations shall be open,
15competitive, and based on industry standards designed to test
16each applicant's physical abilities in the following
17dimensions:
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,

 

 

SB3414 Enrolled- 61 -LRB098 16189 RPS 55673 b

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
9capabilities in each of these dimensions may be tests based on
10industry standards currently in use or equivalent tests
11approved by the Joint Labor-Management Committee of the Office
12of the State Fire Marshal.
13    Physical ability examinations administered under this
14Section shall be conducted with a reasonable number of proctors
15and monitors, open to the public, and subject to reasonable
16regulations of the commission.
17    (g) Scoring of examination components. Appointing
18authorities may create a preliminary eligibility register. A
19person shall be placed on the list based upon his or her
20passage of the written examination or the passage of the
21written examination and the physical ability component.
22Passage of the written examination means a score that is at or
23above the median score for all applicants participating in the
24written test. The appointing authority may conduct the physical
25ability component and any subjective components subsequent to
26the posting of the preliminary eligibility register.

 

 

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1    The examination components for an initial eligibility
2register shall be graded on a 100-point scale. A person's
3position on the list shall be determined by the following: (i)
4the person's score on the written examination, (ii) the person
5successfully passing the physical ability component, and (iii)
6the person's results on any subjective component as described
7in subsection (d).
8    In order to qualify for placement on the final eligibility
9register, an applicant's score on the written examination,
10before any applicable preference points or subjective points
11are applied, shall be at or above the median score. The local
12appointing authority may prescribe the score to qualify for
13placement on the final eligibility register, but the score
14shall not be less than the median score.
15    The commission shall prepare and keep a register of persons
16whose total score is not less than the minimum fixed by this
17Section and who have passed the physical ability examination.
18These persons shall take rank upon the register as candidates
19in the order of their relative excellence based on the highest
20to the lowest total points scored on the mental aptitude,
21subjective component, and preference components of the test
22administered in accordance with this Section. No more than 60
23days after each examination, an initial eligibility list shall
24be posted by the commission. The list shall include the final
25grades of the candidates without reference to priority of the
26time of examination and subject to claim for preference credit.

 

 

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1    Commissions may conduct additional examinations, including
2without limitation a polygraph test, after a final eligibility
3register is established and before it expires with the
4candidates ranked by total score without regard to date of
5examination. No more than 60 days after each examination, an
6initial eligibility list shall be posted by the commission
7showing the final grades of the candidates without reference to
8priority of time of examination and subject to claim for
9preference 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
23claim the credit before any examination held under the
24provisions of this Section, but the preference shall be given
25after the posting or publication of the initial eligibility
26list or register at the request of a person entitled to a

 

 

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1credit before any certification or appointments are made from
2the eligibility register, upon the furnishing of verifiable
3evidence and proof of qualifying preference credit. Candidates
4who are eligible for preference credit shall make a claim in
5writing within 10 days after the posting of the initial
6eligibility list, or the claim shall be deemed waived. Final
7eligibility registers shall be established after the awarding
8of verified preference points. All employment shall be subject
9to the commission's initial hire background review including,
10but not limited to, criminal history, employment history, moral
11character, oral examination, and medical and psychological
12examinations, all on a pass-fail basis. The medical and
13psychological examinations must be conducted last, and may only
14be performed after a conditional offer of employment has been
15extended.
16    Any person placed on an eligibility list who exceeds the
17age requirement before being appointed to a fire department
18shall remain eligible for appointment until the list is
19abolished, or his or her name has been on the list for a period
20of 2 years. No person who has attained the age of 35 years
21shall be inducted into a fire department, except as otherwise
22provided in this Section.
23    The commission shall strike off the names of candidates for
24original appointment after the names have been on the list for
25more than 2 years.
26    (i) Moral character. No person shall be appointed to a fire

 

 

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1department unless he or she is a person of good character; not
2a habitual drunkard, a gambler, or a person who has been
3convicted of a felony or a crime involving moral turpitude.
4However, no person shall be disqualified from appointment to
5the fire department because of the person's record of
6misdemeanor convictions except those under Sections 11-6,
711-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
812-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
931-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
101, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
11Criminal Code of 2012, or arrest for any cause without
12conviction thereon. Any such person who is in the department
13may be removed on charges brought for violating this subsection
14and after a trial as hereinafter provided.
15    A classifiable set of the fingerprints of every person who
16is offered employment as a certificated member of an affected
17fire department whether with or without compensation, shall be
18furnished to the Illinois Department of State Police and to the
19Federal Bureau of Investigation by the commission.
20    Whenever a commission is authorized or required by law to
21consider some aspect of criminal history record information for
22the purpose of carrying out its statutory powers and
23responsibilities, then, upon request and payment of fees in
24conformance with the requirements of Section 2605-400 of the
25State Police Law of the Civil Administrative Code of Illinois,
26the Department of State Police is authorized to furnish,

 

 

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1pursuant to positive identification, the information contained
2in State files as is necessary to fulfill the request.
3    (j) Temporary appointments. In order to prevent a stoppage
4of public business, to meet extraordinary exigencies, or to
5prevent material impairment of the fire department, the
6commission may make temporary appointments, to remain in force
7only until regular appointments are made under the provisions
8of this Section, but never to exceed 60 days. No temporary
9appointment of any one person shall be made more than twice in
10any calendar year.
11    (k) A person who knowingly divulges or receives test
12questions or answers before a written examination, or otherwise
13knowingly violates or subverts any requirement of this Section,
14commits a violation of this Section and may be subject to
15charges for official misconduct.
16    A person who is the knowing recipient of test information
17in advance of the examination shall be disqualified from the
18examination or discharged from the position to which he or she
19was appointed, as applicable, and otherwise subjected to
20disciplinary actions.
21(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
2297-1150, eff. 1-25-13.)
 
23    (70 ILCS 705/16.08b)
24    Sec. 16.08b. Emergency medical technician licensure. The
25board of trustees of a fire protection district may require

 

 

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1that all firefighters hired on or after January 1, 2005 (the
2effective date of Public Act 93-952) this amendatory Act of the
393rd General Assembly by any fire department within the
4district must be licensed as an EMT EMT-B, EMT-I, A-EMT, or
5paramedic EMT-P under the Emergency Medical Services (EMS)
6Systems 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
10have agreed to a contract provision providing for final and
11binding arbitration of disputes concerning the existence of
12just cause for disciplinary action, no officer or member of the
13fire department of any protection district who has held that
14position for one year shall be removed or discharged except for
15just cause, upon written charges specifying the complainant and
16the basis for the charges, and after a hearing on those charges
17before the board of fire commissioners, affording the officer
18or member an opportunity to be heard in his own defense. In
19such case the appointing authority shall file with the board of
20trustees the reasons for such removal or discharge, which
21removal or discharge shall not become effective unless
22confirmed by a majority vote of the board of trustees. If
23written charges are brought against an officer or member, the
24board of fire commissioners shall conduct a fair and impartial
25hearing of the charges, to be commenced within 30 days of the

 

 

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1filing thereof, which hearing may be continued from time to
2time. The Chief of the department shall bear the burden of
3proving the guilt of the officer or member by a preponderance
4of the evidence. In case an officer or member is found guilty,
5the board may discharge him, or may suspend him not exceeding
630 calendar days without pay. The board may suspend any officer
7or member pending the hearing with or without pay, but in no
8event shall the suspension pending hearing and the ultimate
9suspension imposed on the officer or member, if any, exceed 30
10calendar days without pay in the aggregate. If the board of
11fire commissioners determines that the charges are not
12sustained, the officer or member shall be reimbursed for all
13wages withheld or lost, if any. In the conduct of this hearing,
14each member of the board shall have power to secure by its
15subpoena both the attendance and testimony of witnesses and the
16production of books and papers relevant to the hearing.
17    Notwithstanding any other provision of this Section, a
18probationary employment period may be extended beyond one year
19for a firefighter who is required as a condition of employment
20to be a licensed certified paramedic, during which time the
21sole reason that a firefighter may be discharged without a
22hearing is for failing to meet the requirements for paramedic
23licensure certification.
24    The age for mandatory retirement of firemen in the service
25of any department of such district is 65 years, unless the
26board of trustees shall by ordinance provide for an earlier

 

 

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1mandatory retirement age of not less than 60 years.
2    The provisions of the Administrative Review Law, and all
3amendments and modifications thereof, and the rules adopted
4pursuant thereto, shall apply to and govern all proceedings for
5the judicial review of final administrative decisions of the
6board of fire commissioners hereunder. The term
7"administrative decision" is defined as in Section 3-101 of the
8Code of Civil Procedure.
9    Nothing in this Section shall be construed to prevent the
10Chief of the fire department from suspending without pay a
11member of his department for a period of not more than 5
12consecutive calendar days, but he shall notify the board in
13writing of such suspension. Any fireman so suspended may appeal
14to the board of fire commissioners for a review of the
15suspension within 5 calendar days after such suspension. Upon
16such appeal, the Chief of the department shall bear the burden
17of proof in establishing the guilt of the officer or member by
18a preponderance of the evidence. The board may sustain the
19action of the Chief of the department, may reduce the
20suspension to a lesser penalty, or may reverse it with
21instructions that the officer or member receive his pay and
22other benefits withheld for the period involved, or may suspend
23the officer for an additional period of not more than 30 days,
24or 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
2Act is amended by changing Sections 3.5, 3.10, 3.15, 3.20,
33.25, 3.35, 3.40, 3.45, 3.50, 3.55, 3.65, 3.70, 3.75, 3.80,
43.130, 3.140, 3.165, 3.170, 3.180, 3.200, 3.205, and 3.210 as
5follows:
 
6    (210 ILCS 50/3.5)
7    Sec. 3.5. Definitions. As used in this Act:
8    "Department" means the Illinois Department of Public
9Health.
10    "Director" means the Director of the Illinois Department of
11Public Health.
12    "Emergency" means a medical condition of recent onset and
13severity that would lead a prudent layperson, possessing an
14average knowledge of medicine and health, to believe that
15urgent or unscheduled medical care is required.
16    "Emergency Medical Services personnel" or "EMS personnel"
17means persons licensed as an Emergency Medical Responder (EMR)
18(First Responder), Emergency Medical Dispatcher (EMD),
19Emergency Medical Technician (EMT), Emergency Medical
20Technician-Intermediate (EMT-I), Advanced Emergency Medical
21Technician (A-EMT), Paramedic (EMT-P), Emergency
22Communications Registered Nurse (ECRN), or Pre-Hospital
23Registered Nurse (PHRN).
24    "Health Care Facility" means a hospital, nursing home,
25physician's office or other fixed location at which medical and

 

 

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1health care services are performed. It does not include
2"pre-hospital emergency care settings" which utilize EMS
3personnel EMTs to render pre-hospital emergency care prior to
4the arrival of a transport vehicle, as defined in this Act.
5    "Hospital" has the meaning ascribed to that term in the
6Hospital Licensing Act.
7    "Trauma" means any significant injury which involves
8single 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
13advanced level of pre-hospital and inter-hospital emergency
14care and non-emergency medical services that includes basic
15life support care, cardiac monitoring, cardiac defibrillation,
16electrocardiography, intravenous therapy, administration of
17medications, drugs and solutions, use of adjunctive medical
18devices, trauma care, and other authorized techniques and
19procedures, as outlined in the provisions of the National EMS
20Education Standards relating to Advanced Life Support national
21curriculum of the United States Department of Transportation
22and any modifications to that curriculum specified in rules
23adopted by the Department pursuant to this Act.
24    That care shall be initiated as authorized by the EMS
25Medical Director in a Department approved advanced life support

 

 

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1EMS System, under the written or verbal direction of a
2physician licensed to practice medicine in all of its branches
3or under the verbal direction of an Emergency Communications
4Registered Nurse.
5    (b) "Intermediate Life Support (ILS) Services" means an
6intermediate level of pre-hospital and inter-hospital
7emergency care and non-emergency medical services that
8includes basic life support care plus intravenous cannulation
9and fluid therapy, invasive airway management, trauma care, and
10other authorized techniques and procedures, as outlined in the
11Intermediate Life Support national curriculum of the United
12States Department of Transportation and any modifications to
13that curriculum specified in rules adopted by the Department
14pursuant to this Act.
15    That care shall be initiated as authorized by the EMS
16Medical Director in a Department approved intermediate or
17advanced life support EMS System, under the written or verbal
18direction of a physician licensed to practice medicine in all
19of its branches or under the verbal direction of an Emergency
20Communications Registered Nurse.
21    (c) "Basic Life Support (BLS) Services" means a basic level
22of pre-hospital and inter-hospital emergency care and
23non-emergency medical services that includes airway
24management, cardiopulmonary resuscitation (CPR), control of
25shock and bleeding and splinting of fractures, as outlined in
26the provisions of the National EMS Education Standards relating

 

 

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1to Basic Life Support national curriculum of the United States
2Department of Transportation and any modifications to that
3curriculum specified in rules adopted by the Department
4pursuant to this Act.
5    That care shall be initiated, where authorized by the EMS
6Medical Director in a Department approved EMS System, under the
7written or verbal direction of a physician licensed to practice
8medicine in all of its branches or under the verbal direction
9of an Emergency Communications Registered Nurse.
10    (d) "Emergency Medical Responder First Response Services"
11means a preliminary level of pre-hospital emergency care that
12includes cardiopulmonary resuscitation (CPR), monitoring vital
13signs and control of bleeding, as outlined in the Emergency
14Medical Responder (EMR) curriculum of the National EMS
15Education Standards First Responder curriculum of the United
16States Department of Transportation and any modifications to
17that curriculum specified in rules adopted by the Department
18pursuant to this Act.
19    (e) "Pre-hospital care" means those emergency medical
20services rendered to emergency patients for analytic,
21resuscitative, stabilizing, or preventive purposes, precedent
22to and during transportation of such patients to health care
23facilities hospitals.
24    (f) "Inter-hospital care" means those emergency medical
25services rendered to emergency patients for analytic,
26resuscitative, stabilizing, or preventive purposes, during

 

 

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1transportation of such patients from one hospital to another
2hospital.
3    (f-5) "Critical care transport" means the pre-hospital or
4inter-hospital transportation of a critically injured or ill
5patient by a vehicle service provider, including the provision
6of medically necessary supplies and services, at a level of
7service beyond the scope of the Paramedic EMT-paramedic. When
8medically indicated for a patient, as determined by a physician
9licensed to practice medicine in all of its branches, an
10advanced practice nurse, or a physician's assistant, in
11compliance with subsections (b) and (c) of Section 3.155 of
12this 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
4monitoring rendered to patients whose conditions do not meet
5this Act's definition of emergency, before or during
6transportation of such patients to or from health care
7facilities visited for the purpose of obtaining medical or
8health care services which are not emergency in nature, using a
9vehicle regulated by this Act.
10    (g-5) The Department shall have the authority to promulgate
11minimum standards for critical care transport providers
12through rules adopted pursuant to this Act. All critical care
13transport providers must function within a Department-approved
14EMS System. Nothing in Department rules shall restrict a
15hospital's ability to furnish personnel, equipment, and
16medical supplies to any vehicle service provider, including a
17critical care transport provider. Minimum critical care
18transport provider standards shall include, but are not limited
19to:
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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1of an ambulance or SEMSV, unless and until emergency or
2non-emergency medical services are needed during the use of the
3ambulance 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
7Beginning September 1, 1995, the Department shall designate
8Emergency Medical Services (EMS) Regions within the State,
9consisting of specific geographic areas encompassing EMS
10Systems and trauma centers, in which emergency medical
11services, trauma services, and non-emergency medical services
12are coordinated under an EMS Region Plan.
13    In designating EMS Regions, the Department shall take into
14consideration, but not be limited to, the location of existing
15EMS Systems, Trauma Regions and trauma centers, existing
16patterns of inter-System transports, population locations and
17density, transportation modalities, and geographical distance
18from available trauma and emergency department care.
19    Use of the term Trauma Region to identify a specific
20geographic area shall be discontinued upon designation of areas
21as 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
2organization of hospitals, vehicle service providers and
3personnel approved by the Department in a specific geographic
4area, which coordinates and provides pre-hospital and
5inter-hospital emergency care and non-emergency medical
6transports at a BLS, ILS and/or ALS level pursuant to a System
7program plan submitted to and approved by the Department, and
8pursuant to the EMS Region Plan adopted for the EMS Region in
9which the System is located.
10    (b) One hospital in each System program plan must be
11designated as the Resource Hospital. All other hospitals which
12are located within the geographic boundaries of a System and
13which have standby, basic or comprehensive level emergency
14departments must function in that EMS System as either an
15Associate Hospital or Participating Hospital and follow all
16System policies specified in the System Program Plan, including
17but not limited to the replacement of drugs and equipment used
18by providers who have delivered patients to their emergency
19departments. All hospitals and vehicle service providers
20participating in an EMS System must specify their level of
21participation in the System Program Plan.
22    (c) The Department shall have the authority and
23responsibility 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;
697-333, 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
10EMS Region Plan addressing at least the information prescribed
11in Section 3.30 shall be submitted to the Department for
12approval. The Plan shall be developed by the Region's EMS
13Medical Directors Committee with advice from the Regional EMS
14Advisory Committee; portions of the plan concerning trauma
15shall be developed jointly with the Region's Trauma Center
16Medical Directors or Trauma Center Medical Directors
17Committee, whichever is applicable, with advice from the
18Regional Trauma Advisory Committee, if such Advisory Committee
19has been established in the Region. Portions of the Plan
20concerning stroke shall be developed jointly with the Regional
21Stroke 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
10to participate in the development of the EMS Region Plan
11through membership on the Regional EMS Advisory Committee,
12rather than through a separate Trauma Center Medical Directors
13Committee. If that option is selected, the Region's Trauma
14Center Medical Director shall also determine whether a separate
15Regional Trauma Advisory Committee is necessary for the Region.
16    (c) In the event of disputes over content of the Plan
17between the Region's EMS Medical Directors Committee and the
18Region's Trauma Center Medical Directors or Trauma Center
19Medical Directors Committee, whichever is applicable, the
20Director of the Illinois Department of Public Health shall
21intervene through a mechanism established by the Department
22through rules adopted pursuant to this Act.
23    (d) "Regional EMS Advisory Committee" means a committee
24formed within an Emergency Medical Services (EMS) Region to
25advise the Region's EMS Medical Directors Committee and to
26select the Region's representative to the State Emergency

 

 

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1Medical Services Advisory Council, consisting of at least the
2members of the Region's EMS Medical Directors Committee, the
3Chair of the Regional Trauma Committee, the EMS System
4Coordinators from each Resource Hospital within the Region, one
5administrative representative from an Associate Hospital
6within the Region, one administrative representative from a
7Participating Hospital within the Region, one administrative
8representative from the vehicle service provider which
9responds to the highest number of calls for emergency service
10within the Region, one administrative representative of a
11vehicle service provider from each System within the Region,
12one individual from each level of license provided in Section
133.50 of this Act, one Pre-Hospital Registered Nurse Emergency
14Medical Technician (EMT)/Pre-Hospital RN from each level of
15EMT/Pre-Hospital RN practicing within the Region, and one
16registered professional nurse currently practicing in an
17emergency department within the Region. Of the 2 administrative
18representatives of vehicle service providers, at least one
19shall be an administrative representative of a private vehicle
20service provider. The Department's Regional EMS Coordinator
21for each Region shall serve as a non-voting member of that
22Region's EMS Advisory Committee.
23    Every 2 years, the members of the Region's EMS Medical
24Directors Committee shall rotate serving as Committee Chair,
25and select the Associate Hospital, Participating Hospital and
26vehicle service providers which shall send representatives to

 

 

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1the Advisory Committee, and the EMS personnel
2EMTs/Pre-Hospital RN and nurse who shall serve on the Advisory
3Committee.
4    (e) "Regional Trauma Advisory Committee" means a committee
5formed within an Emergency Medical Services (EMS) Region, to
6advise the Region's Trauma Center Medical Directors Committee,
7consisting of at least the Trauma Center Medical Directors and
8Trauma Coordinators from each Trauma Center within the Region,
9one EMS Medical Director from a resource hospital within the
10Region, one EMS System Coordinator from another resource
11hospital within the Region, one representative each from a
12public and private vehicle service provider which transports
13trauma patients within the Region, an administrative
14representative from each trauma center within the Region, one
15EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or PHRN EMT
16representing the highest level of EMS personnel EMT practicing
17within the Region, one emergency physician and one Trauma Nurse
18Specialist (TNS) currently practicing in a trauma center. The
19Department's Regional EMS Coordinator for each Region shall
20serve as a non-voting member of that Region's Trauma Advisory
21Committee.
22    Every 2 years, the members of the Trauma Center Medical
23Directors Committee shall rotate serving as Committee Chair,
24and select the vehicle service providers, EMS personnel EMT,
25emergency physician, EMS System Coordinator and TNS who shall
26serve 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
4Hospital; Functions. The Resource Hospital of an EMS System
5shall:
6    (a) Prepare a Program Plan in accordance with the
7provisions of this Act and minimum standards and criteria
8established in rules adopted by the Department pursuant to this
9Act, and submit such Program Plan to the Department for
10approval.
11    (b) Appoint an EMS Medical Director, who will continually
12monitor and supervise the System and who will have the
13responsibility and authority for total management of the System
14as delegated by the EMS Resource Hospital.
15    The Program Plan shall require the EMS Medical Director to
16appoint an alternate EMS Medical Director and establish a
17written protocol addressing the functions to be carried out in
18his or her absence.
19    (c) Appoint an EMS System Coordinator and EMS
20Administrative Director in consultation with the EMS Medical
21Director and in accordance with rules adopted by the Department
22pursuant to this Act.
23    (d) Identify potential EMS System participants and obtain
24commitments from them for the provision of services.
25    (e) Educate or coordinate the education of EMS personnel

 

 

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1and all other license holders EMT personnel in accordance with
2the requirements of this Act, rules adopted by the Department
3pursuant to this Act, and the EMS System Program Plan.
4    (f) Notify the Department of EMS personnel EMT provider
5personnel who have successfully completed the requirements as
6provided by law for initial licensure, license renewal, and
7license reinstatement testing and relicensure by the
8Department, except that an ILS or ALS level System may require
9its EMT-B personnel to apply directly to the Department for
10determination of successful completion of relicensure
11requirements.
12    (g) Educate or coordinate the education of Emergency
13Medical Dispatcher candidates, in accordance with the
14requirements of this Act, rules adopted by the Department
15pursuant to this Act, and the EMS System Program Plan.
16    (h) Establish or approve protocols for prearrival medical
17instructions to callers by System Emergency Medical
18Dispatchers who provide such instructions.
19    (i) Educate or coordinate the education of Pre-Hospital
20Registered Nurse RN and ECRN candidates, in accordance with the
21requirements of this Act, rules adopted by the Department
22pursuant to this Act, and the EMS System Program Plan.
23    (j) Approve Pre-Hospital Registered Nurse RN and ECRN
24candidates to practice within the System, and reapprove
25Pre-Hospital Registered Nurses RNs and ECRNs every 4 years in
26accordance with the requirements of the Department and the

 

 

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1System Program Plan.
2    (k) Establish protocols for the use of Pre-Hospital
3Registered Nurses RNs within the System.
4    (l) Establish protocols for utilizing ECRNs and physicians
5licensed to practice medicine in all of its branches to monitor
6telecommunications from, and give voice orders to, EMS
7personnel, under the authority of the EMS Medical Director.
8    (m) Monitor emergency and non-emergency medical transports
9within the System, in accordance with rules adopted by the
10Department pursuant to this Act.
11    (n) Utilize levels of personnel required by the Department
12to provide emergency care to the sick and injured at the scene
13of an emergency, during transport to a hospital or during
14inter-hospital transport and within the hospital emergency
15department until the responsibility for the care of the patient
16is assumed by the medical personnel of a hospital emergency
17department or other facility within the hospital to which the
18patient is first delivered by System personnel.
19    (o) Utilize levels of personnel required by the Department
20to provide non-emergency medical services during transport to a
21health care facility and within the health care facility until
22the responsibility for the care of the patient is assumed by
23the medical personnel of the health care facility to which the
24patient is delivered by System personnel.
25    (p) Establish and implement a program for System
26participant information and education, in accordance with

 

 

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1rules adopted by the Department pursuant to this Act.
2    (q) Establish and implement a program for public
3information and education, in accordance with rules adopted by
4the 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
9Process.
10    (a) An EMS Medical Director may suspend from participation
11within the System any EMS personnel, EMS Lead Instructor (LI),
12individual, individual provider or other participant
13considered not to be meeting the requirements of the Program
14Plan of that approved EMS System.
15    (b) Prior to suspending any individual or entity an EMT or
16other provider, an EMS Medical Director shall provide an the
17EMT or provider with the opportunity for a hearing before the
18local System review board in accordance with subsection (f) and
19the 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,
21EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other
22individual or entity EMT or other provider if he or she finds
23that the information in his or her possession indicates that
24the continuation in practice by the individual or entity an EMT
25or other provider would constitute an imminent danger to the
26public. The suspended individual or entity EMT or other

 

 

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1provider shall be issued an immediate verbal notification
2followed by a written suspension order to the EMT or other
3provider by the EMS Medical Director which states the length,
4terms 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
16directly related to medical care, the EMS Medical Director
17shall also provide the individual or entity EMT or provider
18with the opportunity for a hearing before the local System
19review board, in accordance with subsection (f) and the rules
20promulgated 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
12review board in accordance with the rules of the Department,
13for the purpose of providing a hearing to any individual or
14entity individual provider participating within the System who
15is suspended from participation by the EMS Medical Director.
16The EMS Medical Director shall arrange for a certified
17shorthand reporter to make a stenographic record of that
18hearing and thereafter prepare a transcript of the proceedings.
19The transcript, all documents or materials received as evidence
20during the hearing and the local System review board's written
21decision shall be retained in the custody of the EMS system.
22The System shall implement a decision of the local System
23review board unless that decision has been appealed to the
24State Emergency Medical Services Disciplinary Review Board in
25accordance with this Act and the rules of the Department.
26    (f) The Resource Hospital shall implement a decision of the

 

 

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1State Emergency Medical Services Disciplinary Review Board
2which has been rendered in accordance with this Act and the
3rules 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
7Review Board.
8    (a) The Governor shall appoint a State Emergency Medical
9Services Disciplinary Review Board, composed of an EMS Medical
10Director, an EMS System Coordinator, a Paramedic an Emergency
11Medical Technician-Paramedic (EMT-P), an Emergency Medical
12Technician (EMT) Technician-Basic (EMT-B), and the following
13members, who shall only review cases in which a party is from
14the same professional category: a Pre-Hospital Registered
15Nurse RN, an ECRN, a Trauma Nurse Specialist, an Emergency
16Medical Technician-Intermediate (EMT-I), an Advanced Emergency
17Medical Technician (A-EMT), a representative from a private
18vehicle service provider, a representative from a public
19vehicle service provider, and an emergency physician who
20monitors telecommunications from and gives voice orders to EMS
21personnel. The Governor shall also appoint one alternate for
22each member of the Board, from the same professional category
23as the member of the Board.
24    (b) The Of the members first appointed, 2 members shall be
25appointed for a term of one year, 2 members shall be appointed

 

 

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1for a term of 2 years and the remaining members shall be
2appointed for a term of 3 years. The terms of subsequent
3appointments shall be 3 years. All appointees shall serve until
4their successors are appointed. The alternate members shall be
5appointed and serve in the same fashion as the members of the
6Board. If a member resigns his or her appointment, the
7corresponding alternate shall serve the remainder of that
8member's term until a subsequent member is appointed by the
9Governor.
10    (c) The function of the Board is to review and affirm,
11reverse or modify disciplinary orders to suspend an EMT or
12other individual provider from participating within an EMS
13System.
14    (d) Any An individual or entity, individual provider or
15other participant who received an immediate suspension from an
16EMS Medical Director may request the Board to reverse or modify
17the suspension order. If the suspension had been affirmed or
18modified by a local System review board, the suspended
19individual or entity participant may request the Board to
20reverse or modify the local board's decision.
21    (e) Any An individual or entity , individual provider or
22other participant who received a non-immediate suspension
23order from an EMS Medical Director which was affirmed or
24modified by a local System review board may request the Board
25to reverse or modify the local board's decision.
26    (f) An EMS Medical Director whose suspension order was

 

 

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1reversed or modified by a local System review board may request
2the Board to reverse or modify the local board's decision.
3    (g) The Board shall regularly meet on the first Tuesday of
4every month, unless no requests for review have been submitted.
5Additional meetings of the Board shall be scheduled as
6necessary to ensure insure that a request for direct review of
7an immediate suspension order is scheduled within 14 days after
8the Department receives the request for review or as soon
9thereafter as a quorum is available. The Board shall meet in
10Springfield or Chicago, whichever location is closer to the
11majority of the members or alternates attending the meeting.
12The Department shall reimburse the members and alternates of
13the Board for reasonable travel expenses incurred in attending
14meetings of the Board.
15    (h) A request for review shall be submitted in writing to
16the Chief of the Department's Division of Emergency Medical
17Services and Highway Safety, within 10 days after receiving the
18local board's decision or the EMS Medical Director's suspension
19order, whichever is applicable, a copy of which shall be
20enclosed.
21    (i) At its regularly scheduled meetings, the Board shall
22review requests which have been received by the Department at
23least 10 working days prior to the Board's meeting date.
24Requests for review which are received less than 10 working
25days prior to a scheduled meeting shall be considered at the
26Board's next scheduled meeting, except that requests for direct

 

 

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1review of an immediate suspension order may be scheduled up to
23 working days prior to the Board's meeting date.
3    (j) A quorum shall be required for the Board to meet, which
4shall consist of 3 members or alternates, including the EMS
5Medical Director or alternate and the member or alternate from
6the same professional category as the subject of the suspension
7order. At each meeting of the Board, the members or alternates
8present shall select a Chairperson to conduct the meeting.
9    (k) Deliberations for decisions of the State EMS
10Disciplinary Review Board shall be conducted in closed session.
11Department staff may attend for the purpose of providing
12clerical assistance, but no other persons may be in attendance
13except for the parties to the dispute being reviewed by the
14Board and their attorneys, unless by request of the Board.
15    (l) The Board shall review the transcript, evidence and
16written decision of the local review board or the written
17decision and supporting documentation of the EMS Medical
18Director, whichever is applicable, along with any additional
19written or verbal testimony or argument offered by the parties
20to the dispute.
21    (m) At the conclusion of its review, the Board shall issue
22its decision and the basis for its decision on a form provided
23by the Department, and shall submit to the Department its
24written decision together with the record of the local System
25review board. The Department shall promptly issue a copy of the
26Board's decision to all affected parties. The Board's decision

 

 

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1shall 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
5levels Technician (EMT) Licensure.
6    (a) "Emergency Medical Technician Technician-Basic" or
7"EMT EMT-B" means a person who has successfully completed a
8course of instruction in basic life support as approved
9prescribed by the Department, is currently licensed by the
10Department in accordance with standards prescribed by this Act
11and rules adopted by the Department pursuant to this Act, and
12practices within an EMS System. A valid Emergency Medical
13Technician-Basic (EMT-B) license issued under this Act shall
14continue to be valid and shall be recognized as an Emergency
15Medical Technician (EMT) license until the Emergency Medical
16Technician-Basic (EMT-B) license expires.
17    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
18means a person who has successfully completed a course of
19instruction in intermediate life support as approved
20prescribed by the Department, is currently licensed by the
21Department in accordance with standards prescribed by this Act
22and rules adopted by the Department pursuant to this Act, and
23practices within an Intermediate or Advanced Life Support EMS
24System.
25    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"

 

 

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1means a person who has successfully completed a course in basic
2and limited advanced emergency medical care as approved by the
3Department, is currently licensed by the Department in
4accordance with standards prescribed by this Act and rules
5adopted by the Department pursuant to this Act, and practices
6within an Intermediate or Advanced Life Support EMS System.
7    (c) "Paramedic (EMT-P) Emergency Medical
8Technician-Paramedic" or "EMT-P" means a person who has
9successfully completed a course of instruction in advanced life
10support care as approved prescribed by the Department, is
11licensed by the Department in accordance with standards
12prescribed by this Act and rules adopted by the Department
13pursuant to this Act, and practices within an Advanced Life
14Support EMS System. A valid Emergency Medical
15Technician-Paramedic (EMT-P) license issued under this Act
16shall continue to be valid and shall be recognized as a
17Paramedic license until the Emergency Medical
18Technician-Paramedic (EMT-P) license expires.
19    (c-5) "Emergency Medical Responder" or "EMR (First
20Responder)" means a person who has successfully completed a
21course in emergency medical response as approved by the
22Department and provides emergency medical response services
23prior to the arrival of an ambulance or specialized emergency
24medical services vehicle, in accordance with the level of care
25established by the National EMS Educational Standards
26Emergency Medical Responder course as modified by the

 

 

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1Department. An Emergency Medical Responder who provides
2services as part of an EMS System response plan shall comply
3with the applicable sections of the Program Plan, as approved
4by the Department, of that EMS System. The Department shall
5have the authority to adopt rules governing the curriculum,
6practice, and necessary equipment applicable to Emergency
7Medical Responders.
8    On the effective date of this amendatory Act of the 98th
9General Assembly, a person who is licensed by the Department as
10a First Responder and has completed a Department-approved
11course in first responder defibrillator training based on, or
12equivalent to, the National EMS Educational Standards or other
13standards previously recognized by the Department shall be
14eligible for licensure as an Emergency Medical Responder upon
15meeting the licensure requirements and submitting an
16application to the Department. A valid First Responder license
17issued under this Act shall continue to be valid and shall be
18recognized as an Emergency Medical Responder license until the
19First Responder license expires.
20    (c-10) All EMS Systems and licensees shall be fully
21compliant with the National EMS Education Standards, as
22modified by the Department in administrative rules, within 24
23months after the adoption of the administrative rules.
24    (d) The Department shall have the authority and
25responsibility 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
14PHRN An EMT who is a member of the Illinois National Guard or
15an Illinois State Trooper or who exclusively serves as a
16volunteer for units of local government with a population base
17of less than 5,000 or as a volunteer for a not-for-profit
18organization that serves a service area with a population base
19of less than 5,000 may submit an application to the Department
20for a waiver of the fees described under paragraph (7) of
21subsection (d) of this Section on a form prescribed by the
22Department.
23    The education requirements prescribed by the Department
24under this Section subsection must allow for the suspension of
25those requirements in the case of a member of the armed
26services or reserve forces of the United States or a member of

 

 

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1the Illinois National Guard who is on active duty pursuant to
2an executive order of the President of the United States, an
3act of the Congress of the United States, or an order of the
4Governor at the time that the member would otherwise be
5required to fulfill a particular education requirement. Such a
6person must fulfill the education requirement within 6 months
7after his or her release from active duty.
8    (e) In the event that any rule of the Department or an EMS
9Medical Director that requires testing for drug use as a
10condition of the applicable EMS personnel license for EMT
11licensure conflicts with or duplicates a provision of a
12collective bargaining agreement that requires testing for drug
13use, that rule shall not apply to any person covered by the
14collective bargaining agreement.
15(Source: P.A. 97-333, eff. 8-12-11; 97-509, eff. 8-23-11;
1697-813, eff. 7-13-12; 97-1014, eff. 1-1-13; 98-53, eff. 1-1-14;
1798-463, 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,
21EMT-I, A-EMT, or Paramedic EMT-P may perform emergency and
22non-emergency medical services as defined in this Act, in
23accordance with his or her level of education, training and
24licensure, the standards of performance and conduct prescribed
25by the Department in rules adopted pursuant to this Act, and

 

 

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1the requirements of the EMS System in which he or she
2practices, as contained in the approved Program Plan for that
3System. The Director may, by written order, temporarily modify
4individual scopes of practice in response to public health
5emergencies for periods not exceeding 180 days.
6    (a-5) EMS personnel A person currently approved as a First
7Responder or licensed as an EMT-B, EMT-I, or EMT-P who have has
8successfully completed a Department approved course in
9automated defibrillator operation and who are is functioning
10within a Department approved EMS System may utilize such
11automated defibrillator according to the standards of
12performance and conduct prescribed by the Department in rules
13adopted pursuant to this Act and the requirements of the EMS
14System in which they practice he or she practices, as contained
15in the approved Program Plan for that System.
16    (a-7) An EMT A person currently licensed as an EMT-B,
17EMT-I, A-EMT, or Paramedic EMT-P who has successfully completed
18a Department approved course in the administration of
19epinephrine, shall be required to carry epinephrine with him or
20her as part of the EMS personnel EMT medical supplies whenever
21he or she is performing official the duties as determined by
22the EMS System of an emergency medical technician.
23    (b) An EMR, EMT A person currently licensed as an EMT-B,
24EMT-I, A-EMT, or Paramedic EMT-P may only practice as an EMR,
25EMT, EMT-I, A-EMT, or Paramedic EMT or utilize his or her EMR,
26EMT, EMT-I, A-EMT, or Paramedic EMT license in pre-hospital or

 

 

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1inter-hospital emergency care settings or non-emergency
2medical transport situations, under the written or verbal
3direction of the EMS Medical Director. For purposes of this
4Section, a "pre-hospital emergency care setting" may include a
5location, that is not a health care facility, which utilizes
6EMS personnel EMTs to render pre-hospital emergency care prior
7to the arrival of a transport vehicle. The location shall
8include communication equipment and all of the portable
9equipment and drugs appropriate for the EMR, EMT, EMT-I, A-EMT,
10or Paramedic's EMT's level of care, as required by this Act,
11rules adopted by the Department pursuant to this Act, and the
12protocols of the EMS Systems, and shall operate only with the
13approval and under the direction of the EMS Medical Director.
14    This Section shall not prohibit an EMR, EMT EMT-B, EMT-I,
15A-EMT, or Paramedic EMT-P from practicing within an emergency
16department or other health care setting for the purpose of
17receiving continuing education or training approved by the EMS
18Medical Director. This Section shall also not prohibit an EMT
19EMT-B, EMT-I, A-EMT, or Paramedic EMT-P from seeking
20credentials other than his or her EMT, EMT-I, A-EMT, or
21Paramedic license and utilizing such credentials to work in
22emergency departments or other health care settings under the
23jurisdiction of that employer.
24    (c) An EMT A person currently licensed as an EMT-B, EMT-I,
25A-EMT, or Paramedic EMT-P may honor Do Not Resuscitate (DNR)
26orders and powers of attorney for health care only in

 

 

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1accordance with rules adopted by the Department pursuant to
2this Act and protocols of the EMS System in which he or she
3practices.
4    (d) A student enrolled in a Department approved EMS
5personnel emergency medical technician program, while
6fulfilling the clinical training and in-field supervised
7experience requirements mandated for licensure or approval by
8the System and the Department, may perform prescribed
9procedures under the direct supervision of a physician licensed
10to practice medicine in all of its branches, a qualified
11registered professional nurse, or a qualified EMS personnel
12EMT, 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
17successfully completed a course of education as approved
18prescribed by the Department, and who is currently approved by
19the Department to coordinate or teach education, training and
20continuing education courses, in accordance with standards
21prescribed by this Act and rules adopted by the Department
22pursuant to this Act.
23    (b) The Department shall have the authority and
24responsibility 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
17successfully completed a training course in emergency medical
18dispatching meeting or exceeding the national curriculum of the
19United States Department of Transportation in accordance with
20rules adopted by the Department pursuant to this Act, who
21accepts calls from the public for emergency medical services
22and dispatches designated emergency medical services personnel
23and vehicles. The Emergency Medical Dispatcher must use the
24Department-approved emergency medical dispatch priority
25reference system (EMDPRS) protocol selected for use by its

 

 

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1agency and approved by its EMS medical director. This protocol
2must be used by an emergency medical dispatcher in an emergency
3medical dispatch agency to dispatch aid to medical emergencies
4which includes systematized caller interrogation questions;
5systematized prearrival support instructions; and systematized
6coding protocols that match the dispatcher's evaluation of the
7injury or illness severity with the vehicle response mode and
8vehicle response configuration and includes an appropriate
9training curriculum and testing process consistent with the
10specific EMDPRS protocol used by the emergency medical dispatch
11agency. Prearrival support instructions shall be provided in a
12non-discriminatory manner and shall be provided in accordance
13with the EMDPRS established by the EMS medical director of the
14EMS system in which the EMD operates. If the dispatcher
15operates under the authority of an Emergency Telephone System
16Board established under the Emergency Telephone System Act, the
17protocols shall be established by such Board in consultation
18with the EMS Medical Director. Persons who have already
19completed a course of instruction in emergency medical dispatch
20based on, equivalent to or exceeding the national curriculum of
21the United States Department of Transportation, or as otherwise
22approved by the Department, shall be considered Emergency
23Medical Dispatchers on the effective date of this amendatory
24Act.
25    (b) The Department shall have the authority and
26responsibility 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,
7revoke, or refuse to issue or renew the license of an EMD when,
8after notice and the opportunity for an impartial hearing, the
9Department demonstrates that the licensee has violated this
10Act, violated the rules adopted by the Department, or failed to
11comply 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
15Certification.
16    (a) "Trauma Nurse Specialist" or "TNS" means a registered
17professional nurse licensed under the Nurse Practice Act who
18has successfully completed supplemental education and testing
19requirements as prescribed by the Department, and is licensed
20certified by the Department in accordance with rules adopted by
21the Department pursuant to this Act. For out-of-state
22facilities that have Illinois recognition under the EMS,
23trauma, or pediatric programs, the professional shall have an
24unencumbered registered nurse license in the state in which he
25or she practices. In this Section, the term "license" is used

 

 

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1to reflect a change in terminology from "certification" to
2"license" only.
3    (b) The Department shall have the authority and
4responsibility 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
10Communications Registered Nurse.
11    (a) "Emergency Communications Registered Nurse" or "ECRN"
12means a registered professional nurse licensed under the Nurse
13Practice Act who has successfully completed supplemental
14education in accordance with rules adopted by the Department,
15and who is approved by an EMS Medical Director to monitor
16telecommunications from and give voice orders to EMS System
17personnel, under the authority of the EMS Medical Director and
18in accordance with System protocols. For out-of-state
19facilities that have Illinois recognition under the EMS, trauma
20or pediatric programs, the professional shall have an
21unencumbered registered nurse license in the state in which he
22or she practices. In this Section, the term "license" is used
23to 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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1existing Registered Professional Nurse/MICNs shall be
2considered ECRNs.
3    (b) "Pre-Hospital Registered Nurse", or "PHRN", or
4"Pre-Hospital RN" means a registered professional nurse
5licensed under the Nurse Practice Act who has successfully
6completed supplemental education in accordance with rules
7adopted by the Department pursuant to this Act, and who is
8approved by an EMS Medical Director to practice within an
9Illinois EMS System as emergency medical services personnel for
10pre-hospital and inter-hospital emergency care and
11non-emergency medical transports. For out-of-state facilities
12that have Illinois recognition under the EMS, trauma or
13pediatric programs, the professional shall have an
14unencumbered registered nurse license in the state in which he
15or she practices. In this Section, the term "license" is used
16to reflect a change in terminology from "certification" to
17"license" only.
18    Upon the effective date of this amendatory Act of 1995, all
19existing Registered Professional Nurse/Field RNs shall be
20considered Pre-Hospital RNs.
21    (c) The Department shall have the authority and
22responsibility 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,
16revoke, or refuse to issue or renew a Department-issued PHRN or
17ECRN license when, after notice and the opportunity for a
18hearing, the Department demonstrates that the licensee has
19violated this Act, violated the rules adopted by the
20Department, or failed to comply with the applicable standards
21of 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;
25Plans of Correction. Except for emergency suspension orders, or

 

 

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1actions initiated pursuant to Sections 3.117(a), 3.117(b), and
23.90(b)(10) of this Act, prior to initiating an action in
3response to a facility, system, or equipment violation for
4suspension, revocation, denial, nonrenewal, or imposition of a
5fine pursuant to this Act, the Department shall:
6    (a) Issue a Notice of Violation which specifies the
7Department's allegations of noncompliance and requests a plan
8of correction to be submitted within 10 days after receipt of
9the Notice of Violation;
10    (b) Review and approve or reject the plan of correction. If
11the Department rejects the plan of correction, it shall send
12notice of the rejection and the reason for the rejection. The
13party shall have 10 days after receipt of the notice of
14rejection in which to submit a modified plan;
15    (c) Impose a plan of correction if a modified plan is not
16submitted in a timely manner or if the modified plan is
17rejected by the Department;
18    (d) Issue a Notice of Intent to fine, suspend, revoke,
19nonrenew or deny if the party has failed to comply with the
20imposed plan of correction, and provide the party with an
21opportunity to request an administrative hearing. The Notice of
22Intent shall be effected by certified mail or by personal
23service, shall set forth the particular reasons for the
24proposed action, and shall provide the party with 15 days in
25which 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
4on any licensed vehicle service provider, stretcher van
5provider, designated trauma center, resource hospital,
6associate hospital, or participating hospital.
7    (b) The Department shall adopt rules pursuant to this Act
8which establish a system of fines related to the type and level
9of 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
18conjunction with or in lieu of a Notice of Intent to Suspend,
19Revoke, Nonrenew or Deny, and shall conform to the requirements
20specified in Section 3.130(d) of this Act. All Hearings
21conducted pursuant to a Notice of Intent to Impose Fine shall
22conform to the requirements specified in Section 3.135 of this
23Act.
24    (d) All fines collected pursuant to this Section shall be
25deposited 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
5engage in the practice of an EMS Medical Director, EMS
6Administrative Director, EMS System Coordinator, EMR, EMD,
7EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, TNS, or LI EMT,
8Trauma Nurse Specialist, Pre-Hospital RN, Emergency
9Communications Registered Nurse, EMS Lead Instructor,
10Emergency Medical Dispatcher or First Responder without being
11licensed, certified, approved or otherwise authorized pursuant
12to this Act.
13    (b) A hospital or other entity which employs or utilizes an
14EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic EMT in a manner which
15is outside the scope of his or her EMT license shall not use
16the words "emergency medical responder", "EMR", "emergency
17medical technician", "EMT", "emergency medical
18technician-intermediate", "EMT-I", "advanced emergency medical
19technician", "A-EMT", or "Paramedic" "emergency medical
20technician", "EMT" or "paramedic" in that person's job
21description or title, or in any other manner hold that person
22out to be so licensed an emergency medical technician.
23    (c) No provider or participant within an EMS System shall
24hold itself out as providing a type or level of service that
25has not been approved by that System's EMS Medical Director.

 

 

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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
4fabricate any license or knowingly enter any false information
5on any application form, run sheet, record or other document
6required to be completed or submitted pursuant to this Act or
7any rule adopted pursuant to this Act, or knowingly submit any
8application form, run sheet, record or other document which
9contains 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
13pursuit of any other remedy, the Director may, through the
14Attorney General, seek an injunction:
15    (a) To restrain or prevent any person or entity from
16functioning, practicing or operating without a license,
17certification, classification, approval, permit, designation
18or authorization required by this Act;
19    (b) To restrain or prevent any person, institution or
20governmental unit from representing itself to be a trauma
21center after the effective date of this amendatory Act of 1995
22without designation as such pursuant to this Act;
23    (c) To restrain or prevent any hospital or other entity
24which employs or utilizes an EMR, EMT, EMT-I, A-EMT, or

 

 

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1Paramedic EMT in a manner which is outside the scope of his or
2her EMT license from representing that person to be an EMR,
3EMT, 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
7Council.
8    (a) There shall be established within the Department of
9Public Health a State Emergency Medical Services Advisory
10Council, which shall serve as an advisory body to the
11Department on matters related to this Act.
12    (b) Membership of the Council shall include one
13representative from each EMS Region, to be appointed by each
14region's EMS Regional Advisory Committee. The Governor shall
15appoint additional members to the Council as necessary to
16insure that the Council includes one representative from each
17of 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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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
16be appointed for a term of one year, 5 members shall be
17appointed for a term of 2 years, and the remaining members
18shall be appointed for a term of 3 years. The terms of
19subsequent appointees shall be 3 years. All appointees shall
20serve until their successors are appointed and qualified.
21    (d) The Council shall be provided a 90-day period in which
22to review and comment, in consultation with the subcommittee to
23which the rules are relevant, upon all rules proposed by the
24Department pursuant to this Act, except for rules adopted
25pursuant to Section 3.190(a) of this Act, rules submitted to
26the State Trauma Advisory Council and emergency rules adopted

 

 

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1pursuant to Section 5-45 of the Illinois Administrative
2Procedure Act. The 90-day review and comment period may
3commence upon the Department's submission of the proposed rules
4to the individual Council members, if the Council is not
5meeting at the time the proposed rules are ready for Council
6review. Any non-emergency rules adopted prior to the Council's
790-day review and comment period shall be null and void. If the
8Council fails to advise the Department within its 90-day review
9and comment period, the rule shall be considered acted upon.
10    (e) Council members shall be reimbursed for reasonable
11travel expenses incurred during the performance of their duties
12under this Section.
13    (f) The Department shall provide administrative support to
14the Council for the preparation of the agenda and minutes for
15Council meetings and distribution of proposed rules to Council
16members.
17    (g) The Council shall act pursuant to bylaws which it
18adopts, which shall include the annual election of a Chair and
19Vice-Chair.
20    (h) The Director or his designee shall be present at all
21Council meetings.
22    (i) Nothing in this Section shall preclude the Council from
23reviewing and commenting on proposed rules which fall under the
24purview of the State Trauma Advisory Council.
25(Source: P.A. 96-514, eff. 1-1-10.)
 

 

 

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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
4Public Health a State Trauma Advisory Council, which shall
5serve as an advisory body to the Department on matters related
6to trauma care and trauma centers.
7    (b) Membership of the Council shall include one
8representative from each Regional Trauma Advisory Committee,
9to be appointed by each Committee. The Governor shall appoint
10the 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
22be appointed for a term of one year, 5 members shall be
23appointed for a term of 2 years, and the remaining members
24shall be appointed for a term of 3 years. The terms of
25subsequent appointees shall be 3 years. All appointees shall
26serve until their successors are appointed and qualified.

 

 

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1    (d) The Council shall be provided a 90-day period in which
2to review and comment upon all rules proposed by the Department
3pursuant to this Act concerning trauma care, except for
4emergency rules adopted pursuant to Section 5-45 of the
5Illinois Administrative Procedure Act. The 90-day review and
6comment period may commence upon the Department's submission of
7the proposed rules to the individual Council members, if the
8Council is not meeting at the time the proposed rules are ready
9for Council review. Any non-emergency rules adopted prior to
10the Council's 90-day review and comment period shall be null
11and void. If the Council fails to advise the Department within
12its 90-day review and comment period, the rule shall be
13considered acted upon;
14    (e) Council members shall be reimbursed for reasonable
15travel expenses incurred during the performance of their duties
16under this Section.
17    (f) The Department shall provide administrative support to
18the Council for the preparation of the agenda and minutes for
19Council meetings and distribution of proposed rules to Council
20members.
21    (g) The Council shall act pursuant to bylaws which it
22adopts, which shall include the annual election of a Chair and
23Vice-Chair.
24    (h) The Director or his designee shall be present at all
25Council meetings.
26    (i) Nothing in this Section shall preclude the Council from

 

 

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1reviewing and commenting on proposed rules which fall under the
2purview 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
6Department's Division of Emergency Medical Services and
7Highway Safety is not a physician licensed to practice medicine
8in all of its branches, with extensive emergency medical
9services experience, and certified by the American Board of
10Emergency Medicine or the Osteopathic American Board of
11Osteopathic Emergency Medicine, then the Director shall
12appoint such a physician to serve as EMS Medical Consultant to
13the Division Chief.
14(Source: P.A. 89-177, eff. 7-19-95.)
 
15    Section 30. The Boxing and Full-contact Martial Arts Act is
16amended 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
21of both, shall be held in an area where adequate neurosurgical
22facilities are immediately available for skilled emergency
23treatment of an injured professional or amateur.

 

 

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1    (b) Each professional or amateur shall be examined before
2the contest and promptly after each bout by a physician. The
3physician shall determine, prior to the contest, if each
4professional or amateur is physically fit to compete in the
5contest. After the bout the physician shall examine the
6professional or amateur to determine possible injury. If the
7professional's or amateur's physical condition so indicates,
8the physician shall recommend to the Department immediate
9medical suspension. The physician or a licensed paramedic
10emergency medical technician-paramedic (EMT-P) must check the
11vital signs of all contestants as established by rule.
12    (c) The physician may, at any time during the professional
13or amateur bout, stop the professional or amateur bout to
14examine a professional or amateur contestant and may direct the
15referee to terminate the bout when, in the physician's opinion,
16continuing the bout could result in serious injury to the
17professional or amateur. If the professional's or amateur's
18physical condition so indicates, the physician shall recommend
19to the Department immediate medical suspension. The physician
20shall certify to the condition of the professional or amateur
21in writing, over his signature on forms provided by the
22Department. Such reports shall be submitted to the Department
23in a timely manner.
24    (d) No professional or amateur contest, or a combination of
25both, shall be allowed to begin or be held unless at least one
26physician, at least one EMT and one paramedic EMT-P, and one

 

 

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1ambulance have been contracted with solely for the care of
2professionals or amateurs who are competing as defined by rule.
3    (e) No professional boxing bout shall be more than 12
4rounds in length. The rounds shall not be more than 3 minutes
5each with a one minute interval between them, and no
6professional boxer shall be allowed to participate in more than
7one contest within a 7-day period.
8    The number and length of rounds for all other professional
9or amateur boxing or full-contact martial arts contests, or a
10combination of both, shall be determined by rule.
11    (f) The number and types of officials required for each
12professional or amateur contest, or a combination of both,
13shall be determined by rule.
14    (g) The Department or its representative shall have
15discretion to declare a price, remuneration, or purse or any
16part of it belonging to the professional withheld if in the
17judgment of the Department or its representative the
18professional is not honestly competing.
19    (h) The Department shall have the authority to prevent a
20professional or amateur contest, or a combination of both, from
21being held and shall have the authority to stop a professional
22or amateur contest, or a combination of both, for noncompliance
23with any part of this Act or rules or when, in the judgment of
24the Department, or its representative, continuation of the
25event would endanger the health, safety, and welfare of the
26professionals or amateurs or spectators. The Department's

 

 

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1authority to stop a contest on the basis that the professional
2or amateur contest, or a combination of both, would endanger
3the health, safety, and welfare of the professionals or
4amateurs or spectators shall extend to any professional or
5amateur contest, or a combination of both, regardless of
6whether that amateur contest is exempted from the prohibition
7in Section 6 of this Act. Department staff, or its
8representative, may be present at any full-contact martial arts
9contest with scheduled amateur bouts.
10(Source: P.A. 97-119, eff. 7-14-11.)
 
11    Section 35. The Abandoned Newborn Infant Protection Act is
12amended 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
16Neglected Child Reporting Act.
17    "Abused child" has the same meaning as in the Abused and
18Neglected Child Reporting Act.
19    "Child-placing agency" means a licensed public or private
20agency that receives a child for the purpose of placing or
21arranging for the placement of the child in a foster family
22home or other facility for child care, apart from the custody
23of the child's parents.
24    "Department" or "DCFS" means the Illinois Department of

 

 

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1Children and Family Services.
2    "Emergency medical facility" means a freestanding
3emergency center or trauma center, as defined in the Emergency
4Medical Services (EMS) Systems Act.
5    "Emergency medical professional" includes licensed
6physicians, and any emergency medical technician
7technician-basic, emergency medical technician-intermediate,
8advanced emergency medical technician, paramedic emergency
9medical technician-paramedic, trauma nurse specialist, and
10pre-hospital registered nurse RN, as defined in the Emergency
11Medical Services (EMS) Systems Act.
12    "Fire station" means a fire station within the State with
13at least one staff person.
14    "Hospital" has the same meaning as in the Hospital
15Licensing Act.
16    "Legal custody" means the relationship created by a court
17order in the best interest of a newborn infant that imposes on
18the infant's custodian the responsibility of physical
19possession of the infant, the duty to protect, train, and
20discipline the infant, and the duty to provide the infant with
21food, shelter, education, and medical care, except as these are
22limited by parental rights and responsibilities.
23    "Neglected child" has the same meaning as in the Abused and
24Neglected Child Reporting Act.
25    "Newborn infant" means a child who a licensed physician
26reasonably believes is 30 days old or less at the time the

 

 

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1child is initially relinquished to a hospital, police station,
2fire station, or emergency medical facility, and who is not an
3abused or a neglected child.
4    "Police station" means a municipal police station, a county
5sheriff's office, a campus police department located on any
6college or university owned or controlled by the State or any
7private college or private university that is not owned or
8controlled by the State when employees of the campus police
9department are present, or any of the district headquarters of
10the Illinois State Police.
11    "Relinquish" means to bring a newborn infant, who a
12licensed physician reasonably believes is 30 days old or less,
13to a hospital, police station, fire station, or emergency
14medical facility and to leave the infant with personnel of the
15facility, if the person leaving the infant does not express an
16intent to return for the infant or states that he or she will
17not return for the infant. In the case of a mother who gives
18birth to an infant in a hospital, the mother's act of leaving
19that newborn infant at the hospital (i) without expressing an
20intent to return for the infant or (ii) stating that she will
21not return for the infant is not a "relinquishment" under this
22Act.
23    "Temporary protective custody" means the temporary
24placement of a newborn infant within a hospital or other
25medical 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
2amended 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
5otherwise requires:
6    (a) "Emergency medical technician" means a person who has
7successfully completed the course on emergency first-aid care
8and transportation of the sick and injured recommended by the
9American Academy of Orthopedic Surgeons, or the equivalent
10thereof, and has been licensed certified by the Department of
11Public Health to provide emergency care.
12    (b) "Mine" means any surface coal mine or underground coal
13mine, as defined in Section 1.03 of "The Coal Mining Act of
141953".
15(Source: P.A. 80-294.)
 
16    Section 45. The AIDS Confidentiality Act is amended by
17changing 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
20and 6 of this Act, informed consent is not required for a
21health care provider or health facility to perform a test when
22the health care provider or health facility procures,

 

 

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1processes, distributes or uses a human body part donated for a
2purpose specified under the Illinois Anatomical Gift Act, or
3semen provided prior to the effective date of this Act for the
4purpose of artificial insemination, and such a test is
5necessary to assure medical acceptability of such gift or semen
6for the purposes intended.
7    (b) Informed consent is not required for a health care
8provider or health facility to perform a test when a health
9care provider or employee of a health facility, or a
10firefighter or an EMR, EMT EMT-A, EMT-I, A-EMT, paramedic, or
11PHRN EMT-P, is involved in an accidental direct skin or mucous
12membrane contact with the blood or bodily fluids of an
13individual which is of a nature that may transmit HIV, as
14determined by a physician in his medical judgment. Should such
15test prove to be positive, the patient and the health care
16provider, health facility employee, firefighter, EMR, EMT
17EMT-A, EMT-I, A-EMT, paramedic, or PHRN EMT-P shall be provided
18appropriate counseling consistent with this Act.
19    (c) Informed consent is not required for a health care
20provider or health facility to perform a test when a law
21enforcement officer is involved in the line of duty in a direct
22skin or mucous membrane contact with the blood or bodily fluids
23of an individual which is of a nature that may transmit HIV, as
24determined by a physician in his medical judgment. Should such
25test prove to be positive, the patient shall be provided
26appropriate counseling consistent with this Act. For purposes

 

 

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1of this subsection (c), "law enforcement officer" means any
2person employed by the State, a county or a municipality as a
3policeman, peace officer, auxiliary policeman, correctional
4officer or in some like position involving the enforcement of
5the law and protection of the public interest at the risk of
6that 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
10the identity of any person upon whom a test is performed, or
11the results of such a test in a manner which permits
12identification of the subject of the test, except to the
13following persons:
14    (a) The subject of the test or the subject's legally
15authorized representative. A physician may notify the spouse of
16the test subject, if the test result is positive and has been
17confirmed pursuant to rules adopted by the Department, provided
18that the physician has first sought unsuccessfully to persuade
19the patient to notify the spouse or that, a reasonable time
20after the patient has agreed to make the notification, the
21physician has reason to believe that the patient has not
22provided the notification. This paragraph shall not create a
23duty or obligation under which a physician must notify the
24spouse of the test results, nor shall such duty or obligation
25be implied. No civil liability or criminal sanction under this

 

 

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1Act shall be imposed for any disclosure or non-disclosure of a
2test result to a spouse by a physician acting in good faith
3under this paragraph. For the purpose of any proceedings, civil
4or criminal, the good faith of any physician acting under this
5paragraph shall be presumed.
6    (b) Any person designated in a legally effective release of
7the test results executed by the subject of the test or the
8subject's legally authorized representative.
9    (c) An authorized agent or employee of a health facility or
10health care provider if the health facility or health care
11provider itself is authorized to obtain the test results, the
12agent or employee provides patient care or handles or processes
13specimens of body fluids or tissues, and the agent or employee
14has a need to know such information.
15    (d) The Department and local health authorities serving a
16population of over 1,000,000 residents or other local health
17authorities as designated by the Department, in accordance with
18rules for reporting and controlling the spread of disease, as
19otherwise provided by State law. The Department, local health
20authorities, and authorized representatives shall not disclose
21information and records held by them relating to known or
22suspected cases of AIDS or HIV infection, publicly or in any
23action of any kind in any court or before any tribunal, board,
24or agency. AIDS and HIV infection data shall be protected from
25disclosure in accordance with the provisions of Sections 8-2101
26through 8-2105 of the Code of Civil Procedure.

 

 

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1    (e) A health facility or health care provider which
2procures, processes, distributes or uses: (i) a human body part
3from a deceased person with respect to medical information
4regarding that person; or (ii) semen provided prior to the
5effective date of this Act for the purpose of artificial
6insemination.
7    (f) Health facility staff committees for the purposes of
8conducting program monitoring, program evaluation or service
9reviews.
10    (f-5) A court in accordance with the provisions of Section
1112-5.01 of the Criminal Code of 2012.
12    (g) (Blank).
13    (h) Any health care provider or employee of a health
14facility, and any firefighter or EMR EMT-A, EMT, A-EMT,
15paramedic, PHRN EMT-P, or EMT-I, involved in an accidental
16direct skin or mucous membrane contact with the blood or bodily
17fluids of an individual which is of a nature that may transmit
18HIV, 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
21or mucous membrane contact with the blood or bodily fluids of
22an individual which is of a nature that may transmit HIV, as
23determined by a physician in his medical judgment.
24    (j) A temporary caretaker of a child taken into temporary
25protective custody by the Department of Children and Family
26Services pursuant to Section 5 of the Abused and Neglected

 

 

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1Child Reporting Act, as now or hereafter amended.
2    (k) In the case of a minor under 18 years of age whose test
3result is positive and has been confirmed pursuant to rules
4adopted by the Department, the health care provider who ordered
5the test shall make a reasonable effort to notify the minor's
6parent or legal guardian if, in the professional judgment of
7the health care provider, notification would be in the best
8interest of the child and the health care provider has first
9sought unsuccessfully to persuade the minor to notify the
10parent or legal guardian or a reasonable time after the minor
11has agreed to notify the parent or legal guardian, the health
12care provider has reason to believe that the minor has not made
13the notification. This subsection shall not create a duty or
14obligation under which a health care provider must notify the
15minor's parent or legal guardian of the test results, nor shall
16a duty or obligation be implied. No civil liability or criminal
17sanction under this Act shall be imposed for any notification
18or non-notification of a minor's test result by a health care
19provider acting in good faith under this subsection. For the
20purpose of any proceeding, civil or criminal, the good faith of
21any health care provider acting under this subsection shall be
22presumed.
23(Source: P.A. 96-328, eff. 8-11-09; 97-1046, eff. 8-21-12;
2497-1150, eff. 1-25-13.)
 
25    Section 50. The Burn Injury Reporting Act is amended by

 

 

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1changing 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
5described in this Act may be reported to the Office of the
6State Fire Marshal. The hospital's administrator, manager,
7superintendent, or his or her designee deciding to report under
8this Act shall make an oral report of every burn injury in a
9timely manner as soon as treatment permits, except as provided
10in subsection (c) of this Section, that meets one of the
11following 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
23telephone to the Office of the State Fire Marshal using a
24toll-free number established by the Office of the State Fire
25Marshal for this purpose.

 

 

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1    (c) A hospital's administrator, manager, superintendent,
2or his or her designee deciding to report under this Act shall
3not 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
15changing 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
19sentencing or an order for supervision, for an offense based
20upon an arrest for a violation of Section 11-501 or a similar
21provision of a local ordinance, individuals shall be required
22to undergo a professional evaluation to determine if an
23alcohol, drug, or intoxicating compound abuse problem exists
24and the extent of the problem, and undergo the imposition of

 

 

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1treatment as appropriate. Programs conducting these
2evaluations shall be licensed by the Department of Human
3Services. The cost of any professional evaluation shall be paid
4for by the individual required to undergo the professional
5evaluation.
6    (b) Any person who is found guilty of or pleads guilty to
7violating Section 11-501, including any person receiving a
8disposition of court supervision for violating that Section,
9may be required by the Court to attend a victim impact panel
10offered by, or under contract with, a county State's Attorney's
11office, a probation and court services department, Mothers
12Against Drunk Driving, or the Alliance Against Intoxicated
13Motorists. All costs generated by the victim impact panel shall
14be paid from fees collected from the offender or as may be
15determined by the court.
16    (c) Every person found guilty of violating Section 11-501,
17whose operation of a motor vehicle while in violation of that
18Section proximately caused any incident resulting in an
19appropriate emergency response, shall be liable for the expense
20of an emergency response as provided in subsection (i) of this
21Section.
22    (d) The Secretary of State shall revoke the driving
23privileges of any person convicted under Section 11-501 or a
24similar provision of a local ordinance.
25    (e) The Secretary of State shall require the use of
26ignition interlock devices on all vehicles owned by a person

 

 

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1who has been convicted of a second or subsequent offense of
2Section 11-501 or a similar provision of a local ordinance. The
3person must pay to the Secretary of State DUI Administration
4Fund an amount not to exceed $30 for each month that he or she
5uses the device. The Secretary shall establish by rule and
6regulation the procedures for certification and use of the
7interlock system, the amount of the fee, and the procedures,
8terms, and conditions relating to these fees.
9    (f) In addition to any other penalties and liabilities, a
10person who is found guilty of or pleads guilty to violating
11Section 11-501, including any person placed on court
12supervision for violating Section 11-501, shall be assessed
13$750, payable to the circuit clerk, who shall distribute the
14money as follows: $350 to the law enforcement agency that made
15the arrest, and $400 shall be forwarded to the State Treasurer
16for deposit into the General Revenue Fund. If the person has
17been previously convicted of violating Section 11-501 or a
18similar provision of a local ordinance, the fine shall be
19$1,000, and the circuit clerk shall distribute $200 to the law
20enforcement agency that made the arrest and $800 to the State
21Treasurer for deposit into the General Revenue Fund. In the
22event that more than one agency is responsible for the arrest,
23the amount payable to law enforcement agencies shall be shared
24equally. Any moneys received by a law enforcement agency under
25this subsection (f) shall be used for enforcement and
26prevention of driving while under the influence of alcohol,

 

 

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1other drug or drugs, intoxicating compound or compounds or any
2combination thereof, as defined by Section 11-501 of this Code,
3including but not limited to the purchase of law enforcement
4equipment and commodities that will assist in the prevention of
5alcohol related criminal violence throughout the State; police
6officer training and education in areas related to alcohol
7related crime, including but not limited to DUI training; and
8police officer salaries, including but not limited to salaries
9for hire back funding for safety checkpoints, saturation
10patrols, and liquor store sting operations. Any moneys received
11by the Department of State Police under this subsection (f)
12shall be deposited into the State Police DUI Fund and shall be
13used to purchase law enforcement equipment that will assist in
14the prevention of alcohol related criminal violence throughout
15the State.
16    (g) The Secretary of State Police DUI Fund is created as a
17special fund in the State treasury. All moneys received by the
18Secretary of State Police under subsection (f) of this Section
19shall be deposited into the Secretary of State Police DUI Fund
20and, subject to appropriation, shall be used for enforcement
21and prevention of driving while under the influence of alcohol,
22other drug or drugs, intoxicating compound or compounds or any
23combination thereof, as defined by Section 11-501 of this Code,
24including but not limited to the purchase of law enforcement
25equipment and commodities to assist in the prevention of
26alcohol related criminal violence throughout the State; police

 

 

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1officer training and education in areas related to alcohol
2related crime, including but not limited to DUI training; and
3police officer salaries, including but not limited to salaries
4for hire back funding for safety checkpoints, saturation
5patrols, and liquor store sting operations.
6    (h) Whenever an individual is sentenced for an offense
7based upon an arrest for a violation of Section 11-501 or a
8similar provision of a local ordinance, and the professional
9evaluation recommends remedial or rehabilitative treatment or
10education, neither the treatment nor the education shall be the
11sole disposition and either or both may be imposed only in
12conjunction with another disposition. The court shall monitor
13compliance with any remedial education or treatment
14recommendations contained in the professional evaluation.
15Programs conducting alcohol or other drug evaluation or
16remedial education must be licensed by the Department of Human
17Services. If the individual is not a resident of Illinois,
18however, the court may accept an alcohol or other drug
19evaluation or remedial education program in the individual's
20state of residence. Programs providing treatment must be
21licensed under existing applicable alcoholism and drug
22treatment licensure standards.
23    (i) In addition to any other fine or penalty required by
24law, an individual convicted of a violation of Section 11-501,
25Section 5-7 of the Snowmobile Registration and Safety Act,
26Section 5-16 of the Boat Registration and Safety Act, or a

 

 

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1similar provision, whose operation of a motor vehicle,
2snowmobile, or watercraft while in violation of Section 11-501,
3Section 5-7 of the Snowmobile Registration and Safety Act,
4Section 5-16 of the Boat Registration and Safety Act, or a
5similar provision proximately caused an incident resulting in
6an appropriate emergency response, shall be required to make
7restitution to a public agency for the costs of that emergency
8response. The restitution may not exceed $1,000 per public
9agency for each emergency response. As used in this subsection
10(i), "emergency response" means any incident requiring a
11response by a police officer, a firefighter carried on the
12rolls of a regularly constituted fire department, or an
13ambulance. With respect to funds designated for the Department
14of State Police, the moneys shall be remitted by the circuit
15court clerk to the State Police within one month after receipt
16for deposit into the State Police DUI Fund. With respect to
17funds designated for the Department of Natural Resources, the
18Department of Natural Resources shall deposit the moneys into
19the Conservation Police Operations Assistance Fund.
20    (j) A person that is subject to a chemical test or tests of
21blood 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
23person consents to testing, shall be liable for the expense up
24to $500 for blood withdrawal by a physician authorized to
25practice medicine, a licensed physician assistant, a licensed
26advanced practice nurse, a registered nurse, a trained

 

 

SB3414 Enrolled- 153 -LRB098 16189 RPS 55673 b

1phlebotomist, a licensed certified paramedic, or a qualified
2person other than a police officer approved by the Department
3of State Police to withdraw blood, who responds, whether at a
4law enforcement facility or a health care facility, to a police
5department request for the drawing of blood based upon refusal
6of the person to submit to a lawfully requested breath test or
7probable cause exists to believe the test would disclose the
8ingestion, consumption, or use of drugs or intoxicating
9compounds 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;
2098-292, 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
24proceeding arising out of an arrest for an offense as defined
25in Section 11-501 or a similar local ordinance or proceedings

 

 

SB3414 Enrolled- 154 -LRB098 16189 RPS 55673 b

1pursuant to Section 2-118.1, evidence of the concentration of
2alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof in a person's blood or
4breath at the time alleged, as determined by analysis of the
5person's blood, urine, breath or other bodily substance, shall
6be admissible. Where such test is made the following provisions
7shall 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

 

 

SB3414 Enrolled- 155 -LRB098 16189 RPS 55673 b

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

 

 

SB3414 Enrolled- 156 -LRB098 16189 RPS 55673 b

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
13sobriety tests approved by the National Highway Traffic Safety
14Administration when conducting investigations of a violation
15of Section 11-501 or similar local ordinance by drivers
16suspected of driving under the influence of cannabis. The
17General Assembly finds that standardized field sobriety tests
18approved by the National Highway Traffic Safety Administration
19are divided attention tasks that are intended to determine if a
20person is under the influence of cannabis. The purpose of these
21tests is to determine the effect of the use of cannabis on a
22person's capacity to think and act with ordinary care and
23therefore operate a motor vehicle safely. Therefore, the
24results of these standardized field sobriety tests,
25appropriately administered, shall be admissible in the trial of
26any civil or criminal action or proceeding arising out of an

 

 

SB3414 Enrolled- 157 -LRB098 16189 RPS 55673 b

1arrest for a cannabis-related offense as defined in Section
211-501 or a similar local ordinance or proceedings under
3Section 2-118.1. Where a test is made the following provisions
4shall 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.

 

 

SB3414 Enrolled- 158 -LRB098 16189 RPS 55673 b

1    (b) Upon the trial of any civil or criminal action or
2proceeding arising out of acts alleged to have been committed
3by any person while driving or in actual physical control of a
4vehicle while under the influence of alcohol, the concentration
5of alcohol in the person's blood or breath at the time alleged
6as shown by analysis of the person's blood, urine, breath, or
7other bodily substance shall give rise to the following
8presumptions:
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
26chemical test under the provisions of Section 11-501.1,

 

 

SB3414 Enrolled- 159 -LRB098 16189 RPS 55673 b

1evidence of refusal shall be admissible in any civil or
2criminal action or proceeding arising out of acts alleged to
3have been committed while the person under the influence of
4alcohol, other drug or drugs, or intoxicating compound or
5compounds, or any combination thereof was driving or in actual
6physical control of a motor vehicle.
7    2. Notwithstanding any ability to refuse under this Code to
8submit to these tests or any ability to revoke the implied
9consent to these tests, if a law enforcement officer has
10probable cause to believe that a motor vehicle driven by or in
11actual physical control of a person under the influence of
12alcohol, other drug or drugs, or intoxicating compound or
13compounds, or any combination thereof has caused the death or
14personal injury to another, the law enforcement officer shall
15request, and that person shall submit, upon the request of a
16law enforcement officer, to a chemical test or tests of his or
17her blood, breath or urine for the purpose of determining the
18alcohol content thereof or the presence of any other drug or
19combination of both.
20    This provision does not affect the applicability of or
21imposition of driver's license sanctions under Section
2211-501.1 of this Code.
23    3. For purposes of this Section, a personal injury includes
24any Type A injury as indicated on the traffic accident report
25completed by a law enforcement officer that requires immediate
26professional attention in either a doctor's office or a medical

 

 

SB3414 Enrolled- 160 -LRB098 16189 RPS 55673 b

1facility. A Type A injury includes severe bleeding wounds,
2distorted extremities, and injuries that require the injured
3party to be carried from the scene.
4(Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11;
597-813, eff. 7-13-12; 98-122, eff. 1-1-14.)
 
6    Section 60. The Workers' Compensation Act is amended by
7changing 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
10Act, shall, under the rules and regulations prescribed by the
11Commission, post printed notices in their respective places of
12employment in such number and at such places as may be
13determined by the Commission, containing such information
14relative to this Act as in the judgment of the Commission may
15be necessary to aid employees to safeguard their rights under
16this Act in event of injury.
17    In addition thereto, the employer shall post in a
18conspicuous place on the place of the employment a printed or
19typewritten notice stating whether he is insured or whether he
20has qualified and is operating as a self-insured employer. In
21the event the employer is insured, the notice shall state the
22name and address of his insurance carrier, the number of the
23insurance policy, its effective date and the date of
24termination. In the event of the termination of the policy for

 

 

SB3414 Enrolled- 161 -LRB098 16189 RPS 55673 b

1any reason prior to the termination date stated, the posted
2notice shall promptly be corrected accordingly. In the event
3the employer is operating as a self-insured employer the notice
4shall state the name and address of the company, if any,
5servicing the compensation payments of the employer, and the
6name and address of the person in charge of making compensation
7payments.
8    (b) Every employer subject to this Act shall maintain
9accurate records of work-related deaths, injuries and illness
10other than minor injuries requiring only first aid treatment
11and which do not involve medical treatment, loss of
12consciousness, restriction of work or motion, or transfer to
13another job and file with the Commission, in writing, a report
14of all accidental deaths, injuries and illnesses arising out of
15and in the course of the employment resulting in the loss of
16more than 3 scheduled work days. In the case of death such
17report shall be made no later than 2 working days following the
18accidental death. In all other cases such report shall be made
19between the 15th and 25th of each month unless required to be
20made sooner by rule of the Commission. In case the injury
21results in permanent disability, a further report shall be made
22as soon as it is determined that such permanent disability has
23resulted or will result from the injury. All reports shall
24state the date of the injury, including the time of day or
25night, the nature of the employer's business, the name,
26address, age, sex, conjugal condition of the injured person,

 

 

SB3414 Enrolled- 162 -LRB098 16189 RPS 55673 b

1the specific occupation of the injured person, the direct cause
2of the injury and the nature of the accident, the character of
3the injury, the length of disability, and in case of death the
4length of disability before death, the wages of the injured
5person, whether compensation has been paid to the injured
6person, or to his or her legal representative or his heirs or
7next of kin, the amount of compensation paid, the amount paid
8for physicians', surgeons' and hospital bills, and by whom
9paid, and the amount paid for funeral or burial expenses if
10known. The reports shall be made on forms and in the manner as
11prescribed by the Commission and shall contain such further
12information as the Commission shall deem necessary and require.
13The making of these reports releases the employer from making
14such reports to any other officer of the State and shall
15satisfy the reporting provisions as contained in the "Health
16and Safety Act" and "An Act in relation to safety inspections
17and education in industrial and commercial establishments and
18to repeal an Act therein named", approved July 18, 1955, as now
19or hereafter amended. The reports filed with the Commission
20pursuant to this Section shall be made available by the
21Commission to the Director of Labor or his representatives and
22to all other departments of the State of Illinois which shall
23require such information for the proper discharge of their
24official duties. Failure to file with the Commission any of the
25reports required in this Section is a petty offense.
26    Except as provided in this paragraph, all reports filed

 

 

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1hereunder shall be confidential and any person having access to
2such records filed with the Illinois Workers' Compensation
3Commission as herein required, who shall release any
4information therein contained including the names or otherwise
5identify any persons sustaining injuries or disabilities, or
6give access to such information to any unauthorized person,
7shall be subject to discipline or discharge, and in addition
8shall be guilty of a Class B misdemeanor. The Commission shall
9compile and distribute to interested persons aggregate
10statistics, taken from the reports filed hereunder. The
11aggregate statistics shall not give the names or otherwise
12identify persons sustaining injuries or disabilities or the
13employer of any injured or disabled person.
14    (c) Notice of the accident shall be given to the employer
15as soon as practicable, but not later than 45 days after the
16accident. 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
3the maintenance of proceedings on arbitration or otherwise by
4the employee unless the employer proves that he is unduly
5prejudiced in such proceedings by such defect or inaccuracy.
6    Notice of the accident shall give the approximate date and
7place of the accident, if known, and may be given orally or in
8writing.
9    (d) Every employer shall notify each injured employee who
10has been granted compensation under the provisions of Section 8
11of this Act of his rights to rehabilitation services and advise
12him of the locations of available public rehabilitation centers
13and any other such services of which the employer has
14knowledge.
15    In any case, other than one where the injury was caused by
16exposure to radiological materials or equipment or asbestos
17unless the application for compensation is filed with the
18Commission within 3 years after the date of the accident, where
19no compensation has been paid, or within 2 years after the date
20of the last payment of compensation, where any has been paid,
21whichever shall be later, the right to file such application
22shall be barred.
23    In any case of injury caused by exposure to radiological
24materials or equipment or asbestos, unless application for
25compensation is filed with the Commission within 25 years after
26the last day that the employee was employed in an environment

 

 

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1of hazardous radiological activity or asbestos, the right to
2file such application shall be barred.
3    If in any case except one where the injury was caused by
4exposure to radiological materials or equipment or asbestos,
5the accidental injury results in death application for
6compensation for death may be filed with the Commission within
73 years after the date of death where no compensation has been
8paid or within 2 years after the date of the last payment of
9compensation where any has been paid, whichever shall be later,
10but not thereafter.
11    If an accidental injury caused by exposure to radiological
12material or equipment or asbestos results in death within 25
13years after the last day that the employee was so exposed
14application for compensation for death may be filed with the
15Commission within 3 years after the date of death, where no
16compensation has been paid, or within 2 years after the date of
17the last payment of compensation where any has been paid,
18whichever shall be later, but not thereafter.
19    (e) Any contract or agreement made by any employer or his
20agent or attorney with any employee or any other beneficiary of
21any claim under the provisions of this Act within 7 days after
22the injury shall be presumed to be fraudulent.
23    (f) Any condition or impairment of health of an employee
24employed as a firefighter, emergency medical technician (EMT),
25emergency medical technician-intermediate (EMT-I), advanced
26emergency medical technician (A-EMT), or paramedic which

 

 

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1results directly or indirectly from any bloodborne pathogen,
2lung or respiratory disease or condition, heart or vascular
3disease or condition, hypertension, tuberculosis, or cancer
4resulting in any disability (temporary, permanent, total, or
5partial) to the employee shall be rebuttably presumed to arise
6out of and in the course of the employee's firefighting, EMT,
7or paramedic employment and, further, shall be rebuttably
8presumed to be causally connected to the hazards or exposures
9of the employment. This presumption shall also apply to any
10hernia or hearing loss suffered by an employee employed as a
11firefighter, EMT, EMT-I, A-EMT, or paramedic. However, this
12presumption shall not apply to any employee who has been
13employed as a firefighter, EMT, or paramedic for less than 5
14years at the time he or she files an Application for Adjustment
15of Claim concerning this condition or impairment with the
16Illinois Workers' Compensation Commission. The rebuttable
17presumption established under this subsection, however, does
18not apply to an emergency medical technician (EMT), emergency
19medical technician-intermediate (EMT-I), advanced emergency
20medical technician (A-EMT), or paramedic employed by a private
21employer if the employee spends the preponderance of his or her
22work time for that employer engaged in medical transfers
23between medical care facilities or non-emergency medical
24transfers to or from medical care facilities. The changes made
25to this subsection by Public Act 98-291 this amendatory Act of
26the 98th General Assembly shall be narrowly construed. The

 

 

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1Finding and Decision of the Illinois Workers' Compensation
2Commission under only the rebuttable presumption provision of
3this subsection shall not be admissible or be deemed res
4judicata in any disability claim under the Illinois Pension
5Code arising out of the same medical condition; however, this
6sentence makes no change to the law set forth in Krohe v. City
7of Bloomington, 204 Ill.2d 392.
8(Source: P.A. 98-291, eff. 1-1-14.)
 
9    Section 65. The Workers' Occupational Diseases Act is
10amended by changing Section 1 as follows:
 
11    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
12    Sec. 1. This Act shall be known and may be cited as the
13"Workers' Occupational Diseases Act".
14    (a) The term "employer" as used in this Act shall be
15construed to be:
16        1. The State and each county, city, town, township,
17    incorporated village, school district, body politic, or
18    municipal corporation therein.
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.
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
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.
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
7    then the provisions of Paragraph K of Section 19 of this
8    Act shall apply.
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.
18    (b) The term "employee" as used in this Act, shall be
19construed to mean:
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,
26    incorporated village, school district, body politic or

 

 

SB3414 Enrolled- 170 -LRB098 16189 RPS 55673 b

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
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.
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
25    considered the same and have the same power to contract,
26    receive payments and give quittances therefor, as adult

 

 

SB3414 Enrolled- 171 -LRB098 16189 RPS 55673 b

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.
9    (c) "Commission" means the Illinois Workers' Compensation
10Commission created by the Workers' Compensation Act, approved
11July 9, 1951, as amended.
12    (d) In this Act the term "Occupational Disease" means a
13disease arising out of and in the course of the employment or
14which has become aggravated and rendered disabling as a result
15of the exposure of the employment. Such aggravation shall arise
16out of a risk peculiar to or increased by the employment and
17not common to the general public.
18    A disease shall be deemed to arise out of the employment if
19there is apparent to the rational mind, upon consideration of
20all the circumstances, a causal connection between the
21conditions under which the work is performed and the
22occupational disease. The disease need not to have been
23foreseen or expected but after its contraction it must appear
24to have had its origin or aggravation in a risk connected with
25the employment and to have flowed from that source as a
26rational consequence.

 

 

SB3414 Enrolled- 172 -LRB098 16189 RPS 55673 b

1    An employee shall be conclusively deemed to have been
2exposed to the hazards of an occupational disease when, for any
3length of time however short, he or she is employed in an
4occupation or process in which the hazard of the disease
5exists; provided however, that in a claim of exposure to atomic
6radiation, the fact of such exposure must be verified by the
7records of the central registry of radiation exposure
8maintained by the Department of Public Health or by some other
9recognized governmental agency maintaining records of such
10exposures whenever and to the extent that the records are on
11file with the Department of Public Health or the agency.
12    Any injury to or disease or death of an employee arising
13from the administration of a vaccine, including without
14limitation smallpox vaccine, to prepare for, or as a response
15to, a threatened or potential bioterrorist incident to the
16employee as part of a voluntary inoculation program in
17connection with the person's employment or in connection with
18any governmental program or recommendation for the inoculation
19of workers in the employee's occupation, geographical area, or
20other category that includes the employee is deemed to arise
21out of and in the course of the employment for all purposes
22under this Act. This paragraph added by Public Act 93-829 is
23declarative of existing law and is not a new enactment.
24    The employer liable for the compensation in this Act
25provided shall be the employer in whose employment the employee
26was last exposed to the hazard of the occupational disease

 

 

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1claimed upon regardless of the length of time of such last
2exposure, except, in cases of silicosis or asbestosis, the only
3employer liable shall be the last employer in whose employment
4the employee was last exposed during a period of 60 days or
5more after the effective date of this Act, to the hazard of
6such occupational disease, and, in such cases, an exposure
7during a period of less than 60 days, after the effective date
8of this Act, shall not be deemed a last exposure. If a miner
9who is suffering or suffered from pneumoconiosis was employed
10for 10 years or more in one or more coal mines there shall,
11effective July 1, 1973 be a rebuttable presumption that his or
12her pneumoconiosis arose out of such employment.
13    If a deceased miner was employed for 10 years or more in
14one or more coal mines and died from a respirable disease there
15shall, effective July 1, 1973, be a rebuttable presumption that
16his or her death was due to pneumoconiosis.
17    Any condition or impairment of health of an employee
18employed as a firefighter, emergency medical technician (EMT),
19emergency medical technician-intermediate (EMT-I), advanced
20emergency medical technician (A-EMT), or paramedic which
21results directly or indirectly from any bloodborne pathogen,
22lung or respiratory disease or condition, heart or vascular
23disease or condition, hypertension, tuberculosis, or cancer
24resulting in any disability (temporary, permanent, total, or
25partial) to the employee shall be rebuttably presumed to arise
26out of and in the course of the employee's firefighting, EMT,

 

 

SB3414 Enrolled- 174 -LRB098 16189 RPS 55673 b

1EMT-I, A-EMT, or paramedic employment and, further, shall be
2rebuttably presumed to be causally connected to the hazards or
3exposures of the employment. This presumption shall also apply
4to any hernia or hearing loss suffered by an employee employed
5as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
6this presumption shall not apply to any employee who has been
7employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
8less than 5 years at the time he or she files an Application
9for Adjustment of Claim concerning this condition or impairment
10with the Illinois Workers' Compensation Commission. The
11rebuttable presumption established under this subsection,
12however, does not apply to an emergency medical technician
13(EMT), emergency medical technician-intermediate (EMT-I),
14advanced emergency medical technician (A-EMT), or paramedic
15employed by a private employer if the employee spends the
16preponderance of his or her work time for that employer engaged
17in medical transfers between medical care facilities or
18non-emergency medical transfers to or from medical care
19facilities. The changes made to this subsection by this
20amendatory Act of the 98th General Assembly shall be narrowly
21construed. The Finding and Decision of the Illinois Workers'
22Compensation Commission under only the rebuttable presumption
23provision of this paragraph shall not be admissible or be
24deemed res judicata in any disability claim under the Illinois
25Pension Code arising out of the same medical condition;
26however, this sentence makes no change to the law set forth in

 

 

SB3414 Enrolled- 175 -LRB098 16189 RPS 55673 b

1Krohe v. City of Bloomington, 204 Ill.2d 392.
2    The insurance carrier liable shall be the carrier whose
3policy was in effect covering the employer liable on the last
4day of the exposure rendering such employer liable in
5accordance with the provisions of this Act.
6    (e) "Disablement" means an impairment or partial
7impairment, temporary or permanent, in the function of the body
8or any of the members of the body, or the event of becoming
9disabled from earning full wages at the work in which the
10employee was engaged when last exposed to the hazards of the
11occupational disease by the employer from whom he or she claims
12compensation, or equal wages in other suitable employment; and
13"disability" means the state of being so incapacitated.
14    (f) No compensation shall be payable for or on account of
15any occupational disease unless disablement, as herein
16defined, occurs within two years after the last day of the last
17exposure to the hazards of the disease, except in cases of
18occupational disease caused by berylliosis or by the inhalation
19of silica dust or asbestos dust and, in such cases, within 3
20years after the last day of the last exposure to the hazards of
21such disease and except in the case of occupational disease
22caused by exposure to radiological materials or equipment, and
23in such case, within 25 years after the last day of last
24exposure to the hazards of such disease.
25(Source: P.A. 98-291, eff. 1-1-14.)
 

 

 

SB3414 Enrolled- 176 -LRB098 16189 RPS 55673 b

1    (210 ILCS 50/3.60 rep.)
2    Section 70. The Emergency Medical Services (EMS) Systems
3Act is amended by repealing Section 3.60.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.