Illinois General Assembly - Full Text of SB3637
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Full Text of SB3637  96th General Assembly




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1     AN ACT concerning regulation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Emergency Medical Services (EMS) Systems Act
5 is amended by changing Section 3.20 as follows:
6     (210 ILCS 50/3.20)
7     Sec. 3.20. Emergency Medical Services (EMS) Systems.
8     (a) "Emergency Medical Services (EMS) System" means an
9 organization of hospitals, vehicle service providers and
10 personnel approved by the Department in a specific geographic
11 area, which coordinates and provides pre-hospital and
12 inter-hospital emergency care and non-emergency medical
13 transports at a BLS, ILS and/or ALS level pursuant to a System
14 program plan submitted to and approved by the Department, and
15 pursuant to the EMS Region Plan adopted for the EMS Region in
16 which the System is located.
17     (b) One hospital in each System program plan must be
18 designated as the Resource Hospital. All other hospitals which
19 are located within the geographic boundaries of a System and
20 which have standby, basic or comprehensive level emergency
21 departments must function in that EMS System as either an
22 Associate Hospital or Participating Hospital and follow all
23 System policies specified in the System Program Plan, including



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1 but not limited to the replacement of drugs and equipment used
2 by providers who have delivered patients to their emergency
3 departments. All hospitals and vehicle service providers
4 participating in an EMS System must specify their level of
5 participation in the System Program Plan.
6     (c) The Department shall have the authority and
7 responsibility to:
8         (1) Approve BLS, ILS and ALS level EMS Systems which
9     meet minimum standards and criteria established in rules
10     adopted by the Department pursuant to this Act, including
11     the submission of a Program Plan for Department approval.
12     Beginning September 1, 1997, the Department shall approve
13     the development of a new EMS System only when a local or
14     regional need for establishing such System has been
15     identified. This shall not be construed as a needs
16     assessment for health planning or other purposes outside of
17     this Act. Following Department approval, EMS Systems must
18     be fully operational within one year from the date of
19     approval.
20         (2) Monitor EMS Systems, based on minimum standards for
21     continuing operation as prescribed in rules adopted by the
22     Department pursuant to this Act, which shall include
23     requirements for submitting Program Plan amendments to the
24     Department for approval.
25         (3) Renew EMS System approvals every 4 years, after an
26     inspection, based on compliance with the standards for



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1     continuing operation prescribed in rules adopted by the
2     Department pursuant to this Act.
3         (4) Suspend, revoke, or refuse to renew approval of any
4     EMS System, after providing an opportunity for a hearing,
5     when findings show that it does not meet the minimum
6     standards for continuing operation as prescribed by the
7     Department, or is found to be in violation of its
8     previously approved Program Plan.
9         (5) Require each EMS System to adopt written protocols
10     for the bypassing of or diversion to any hospital, trauma
11     center or regional trauma center, which provide that a
12     person shall not be transported to a facility other than
13     the nearest hospital, regional trauma center or trauma
14     center unless the medical benefits to the patient
15     reasonably expected from the provision of appropriate
16     medical treatment at a more distant facility outweigh the
17     increased risks to the patient from transport to the more
18     distant facility, or the transport is in accordance with
19     the System's protocols for patient choice or refusal.
20         (6) Require that the EMS Medical Director of an ILS or
21     ALS level EMS System be a physician licensed to practice
22     medicine in all of its branches in Illinois, and certified
23     by the American Board of Emergency Medicine or the American
24     Board of Osteopathic Emergency Medicine, and that the EMS
25     Medical Director of a BLS level EMS System be a physician
26     licensed to practice medicine in all of its branches in



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1     Illinois, with regular and frequent involvement in
2     pre-hospital emergency medical services. In addition, all
3     EMS Medical Directors shall:
4             (A) Have experience on an EMS vehicle at the
5         highest level available within the System, or make
6         provision to gain such experience within 12 months
7         prior to the date responsibility for the System is
8         assumed or within 90 days after assuming the position;
9             (B) Be thoroughly knowledgeable of all skills
10         included in the scope of practices of all levels of EMS
11         personnel within the System;
12             (C) Have or make provision to gain experience
13         instructing students at a level similar to that of the
14         levels of EMS personnel within the System; and
15             (D) For ILS and ALS EMS Medical Directors,
16         successfully complete a Department-approved EMS
17         Medical Director's Course.
18         (7) Prescribe statewide EMS data elements to be
19     collected and documented by providers in all EMS Systems
20     for all emergency and non-emergency medical services, with
21     a one-year phase-in for commencing collection of such data
22     elements.
23         (8) Define, through rules adopted pursuant to this Act,
24     the terms "Resource Hospital", "Associate Hospital",
25     "Participating Hospital", "Basic Emergency Department",
26     "Standby Emergency Department", "Comprehensive Emergency



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1     Department", "EMS Medical Director", "EMS Administrative
2     Director", and "EMS System Coordinator".
3             (A) Upon the effective date of this amendatory Act
4         of 1995, all existing Project Medical Directors shall
5         be considered EMS Medical Directors, and all persons
6         serving in such capacities on the effective date of
7         this amendatory Act of 1995 shall be exempt from the
8         requirements of paragraph (7) of this subsection;
9             (B) Upon the effective date of this amendatory Act
10         of 1995, all existing EMS System Project Directors
11         shall be considered EMS Administrative Directors.
12         (9) Investigate the circumstances that caused a
13     hospital in an EMS system to go on bypass status to
14     determine whether that hospital's decision to go on bypass
15     status was reasonable. The Department may impose
16     sanctions, as set forth in Section 3.140 of the Act, upon a
17     Department determination that the hospital unreasonably
18     went on bypass status in violation of the Act.
19         (10) Evaluate the capacity and performance of any
20     freestanding emergency center established under Section
21     32.5 of this Act in meeting emergency medical service needs
22     of the public, including compliance with applicable
23     emergency medical standards and assurance of the
24     availability of and immediate access to the highest quality
25     of medical care possible.
26         (11) Permit limited EMS System participation by



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1     facilities operated by the United States Department of
2     Veterans Affairs, Veterans Health Administration. Subject
3     to patient preference, Illinois EMS providers may
4     transport patients to Veterans Health Administration
5     facilities that voluntarily participate in an EMS System.
6     Any Veterans Health Administration facility seeking
7     limited participation in an EMS System shall agree to
8     comply with all Department administrative rules
9     implementing this Section. The Department may promulgate
10     rules, including, but not limited to, the types of Veterans
11     Health Administration facilities that may participate in
12     an EMS System and the limitations of participation.
13 (Source: P.A. 95-584, eff. 8-31-07.)