Full Text of HB5183 96th General Assembly
HB5183enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Emergency Medical Services (EMS) Systems Act | 5 |
| is amended by changing Sections 3.10, 3.20, 3.50, 3.60, 3.65, | 6 |
| 3.70, 3.75, 3.80, 3.85, 3.86, 3.130, 3.160, 3.175, and 3.220 as | 7 |
| follows:
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| (210 ILCS 50/3.10)
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| Sec. 3.10. Scope of Services.
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| (a) "Advanced Life Support (ALS) Services" means
an | 11 |
| advanced level of pre-hospital and inter-hospital emergency
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| care and non-emergency medical services that includes basic | 13 |
| life
support care, cardiac monitoring, cardiac defibrillation,
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| electrocardiography, intravenous therapy, administration of
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| medications, drugs and solutions, use of adjunctive medical
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| devices, trauma care, and other authorized techniques and
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| procedures, as outlined in the Advanced Life Support
national | 18 |
| curriculum of the United States Department of
Transportation | 19 |
| and any modifications to that curriculum
specified in rules | 20 |
| adopted by the Department pursuant to
this Act.
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| That care shall be initiated as authorized by the EMS
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| Medical Director in a Department approved advanced life
support | 23 |
| EMS System, under the written or verbal direction of
a |
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| physician licensed to practice medicine in all of its
branches | 2 |
| or under the verbal direction of an Emergency
Communications | 3 |
| Registered Nurse.
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| (b) "Intermediate Life Support (ILS) Services"
means an | 5 |
| intermediate level of pre-hospital and inter-hospital
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| emergency care and non-emergency medical services that | 7 |
| includes
basic life support care plus intravenous cannulation | 8 |
| and
fluid therapy, invasive airway management, trauma care, and
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| other authorized techniques and procedures, as outlined in
the | 10 |
| Intermediate Life Support national curriculum of the
United | 11 |
| States Department of Transportation and any
modifications to | 12 |
| that curriculum specified in rules adopted
by the Department | 13 |
| pursuant to this Act.
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| That care shall be initiated as authorized by the EMS
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| Medical Director in a Department approved intermediate or
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| advanced life support EMS System, under the written or
verbal | 17 |
| direction of a physician licensed to practice
medicine in all | 18 |
| of its branches or under the verbal
direction of an Emergency | 19 |
| Communications Registered Nurse.
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| (c) "Basic Life Support (BLS) Services" means a
basic level | 21 |
| of pre-hospital and inter-hospital emergency care and
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| non-emergency medical services that includes airway | 23 |
| management,
cardiopulmonary resuscitation (CPR), control of | 24 |
| shock and
bleeding and splinting of fractures, as outlined in | 25 |
| the Basic Life Support
national curriculum of the United States
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| Department of Transportation and any modifications to that
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| curriculum specified in rules adopted by the Department
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| pursuant to this Act.
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| That care shall be initiated, where authorized by the
EMS | 4 |
| Medical Director in a Department approved EMS System,
under the | 5 |
| written or verbal direction of a physician
licensed to practice | 6 |
| medicine in all of its branches or
under the verbal direction | 7 |
| of an Emergency Communications
Registered Nurse.
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| (d) "First Response Services" means a preliminary
level of | 9 |
| pre-hospital emergency care that includes
cardiopulmonary | 10 |
| resuscitation (CPR), monitoring vital signs
and control of | 11 |
| bleeding, as outlined in the First Responder
curriculum of the | 12 |
| United States Department of Transportation
and any | 13 |
| modifications to that curriculum specified in rules
adopted by | 14 |
| the Department pursuant to this Act.
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| (e) "Pre-hospital care" means those emergency
medical | 16 |
| services rendered to emergency patients for analytic,
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| resuscitative, stabilizing, or preventive purposes,
precedent | 18 |
| to and during transportation of such patients to
hospitals.
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| (f) "Inter-hospital care" means those emergency
medical | 20 |
| services rendered to emergency patients for
analytic, | 21 |
| resuscitative, stabilizing, or preventive
purposes, during | 22 |
| transportation of such patients from one
hospital to another | 23 |
| hospital.
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| (f-5) "Critical care transport" means the pre-hospital or | 25 |
| inter-hospital transportation of a critically injured or ill | 26 |
| patient by a vehicle service provider, including the provision |
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| of medically necessary supplies and services, at a level of | 2 |
| service beyond the scope of the EMT-paramedic. When medically | 3 |
| indicated for a patient, as determined by a physician licensed | 4 |
| to practice medicine in all of its branches, an advanced | 5 |
| practice nurse, or a physician's assistant, in compliance with | 6 |
| subsections (b) and (c) of Section 3.155 of this Act, critical | 7 |
| care transport may be provided by: | 8 |
| (1) Department-approved critical care transport | 9 |
| providers, not owned or operated by a hospital, utilizing | 10 |
| EMT-paramedics with additional training, nurses, or other | 11 |
| qualified health professionals; or | 12 |
| (2) Hospitals, when utilizing any vehicle service | 13 |
| provider or any hospital-owned or operated vehicle service | 14 |
| provider. Nothing in this amendatory Act of the 96th | 15 |
| General Assembly requires a hospital to use, or to be, a | 16 |
| Department-approved critical care transport provider when | 17 |
| transporting patients, including those critically injured | 18 |
| or ill. Nothing in this Act shall restrict or prohibit a | 19 |
| hospital from providing, or arranging for, the medically | 20 |
| appropriate transport of any patient, as determined by a | 21 |
| physician licensed to practice in all of its branches, an | 22 |
| advanced practice nurse, or a physician's assistant. | 23 |
| (g) "Non-emergency medical services" means medical care or | 24 |
| monitoring rendered to
patients whose conditions do not meet | 25 |
| this Act's definition of emergency, before or
during | 26 |
| transportation of such patients to or from health care |
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| facilities visited for the
purpose of obtaining medical or | 2 |
| health care services which are not emergency in
nature, using a | 3 |
| vehicle regulated by this Act.
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| (g-5) The Department shall have the authority to promulgate | 5 |
| minimum standards for critical care transport providers | 6 |
| through rules adopted pursuant to this Act. All critical care | 7 |
| transport providers must function within a Department-approved | 8 |
| EMS System. Nothing in Department rules shall restrict a | 9 |
| hospital's ability to furnish personnel, equipment, and | 10 |
| medical supplies to any vehicle service provider, including a | 11 |
| critical care transport provider. Minimum critical care | 12 |
| transport provider standards shall include, but are not limited | 13 |
| to: | 14 |
| (1) Personnel staffing and licensure. | 15 |
| (2) Education, certification, and experience. | 16 |
| (3) Medical equipment and supplies. | 17 |
| (4) Vehicular standards. | 18 |
| (5) Treatment and transport protocols. | 19 |
| (6) Quality assurance and data collection. | 20 |
| (h)
The provisions of this Act shall not apply to
the use | 21 |
| of an ambulance or SEMSV, unless and until
emergency or | 22 |
| non-emergency medical services are needed
during the use of the | 23 |
| ambulance or SEMSV.
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| (Source: P.A. 94-568, eff. 1-1-06.)
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| (210 ILCS 50/3.20)
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| Sec. 3.20. Emergency Medical Services (EMS) Systems.
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| (a) "Emergency Medical Services (EMS) System" means an
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| organization of hospitals, vehicle service providers and
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| personnel approved by the Department in a specific
geographic | 5 |
| area, which coordinates and provides pre-hospital
and | 6 |
| inter-hospital emergency care and non-emergency medical
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| transports at a BLS, ILS and/or ALS level pursuant to a
System | 8 |
| program plan submitted to and approved by the
Department, and | 9 |
| pursuant to the EMS Region Plan adopted for
the EMS Region in | 10 |
| which the System is located.
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| (b) One hospital in each System program plan must be
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| designated as the Resource Hospital. All other hospitals
which | 13 |
| are located within the geographic boundaries of a
System and | 14 |
| which have standby, basic or comprehensive level
emergency | 15 |
| departments must function in that EMS System as
either an | 16 |
| Associate Hospital or Participating Hospital and
follow all | 17 |
| System policies specified in the System Program
Plan, including | 18 |
| but not limited to the replacement of drugs
and equipment used | 19 |
| by providers who have delivered patients
to their emergency | 20 |
| departments. All hospitals and vehicle
service providers | 21 |
| participating in an EMS System must
specify their level of | 22 |
| participation in the System Program
Plan.
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| (c) The Department shall have the authority and
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| responsibility to:
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| (1) Approve BLS, ILS and ALS level EMS Systems which
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| meet minimum standards and criteria established in rules
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| adopted by the Department pursuant to this Act, including
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| the submission of a Program Plan for Department approval.
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| Beginning September 1, 1997, the Department shall approve
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| the development of a new EMS System only when a local or
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| regional need for establishing such System has been | 6 |
| verified by the Department
identified . This shall not be | 7 |
| construed as a needs assessment for health
planning or
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| other purposes outside of this Act.
Following Department | 9 |
| approval, EMS Systems must
be fully operational within one | 10 |
| year from the date of
approval.
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| (2) Monitor EMS Systems, based on minimum standards for
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| continuing operation as prescribed in rules adopted by the
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| Department pursuant to this Act, which shall include
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| requirements for submitting Program Plan amendments to the
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| Department for approval.
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| (3) Renew EMS System approvals every 4 years, after
an | 17 |
| inspection, based on compliance with the standards for
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| continuing operation prescribed in rules adopted by the
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| Department pursuant to this Act.
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| (4) Suspend, revoke, or refuse to renew approval of
any | 21 |
| EMS System, after providing an opportunity for a
hearing, | 22 |
| when findings show that it does not meet the
minimum | 23 |
| standards for continuing operation as prescribed by
the | 24 |
| Department, or is found to be in violation of its
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| previously approved Program Plan.
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| (5) Require each EMS System to adopt written protocols
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| for the bypassing of or diversion to any hospital, trauma
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| center or regional trauma center, which provide that a | 3 |
| person
shall not be transported to a facility other than | 4 |
| the nearest
hospital, regional trauma center or trauma | 5 |
| center unless the
medical benefits to the patient | 6 |
| reasonably expected from the
provision of appropriate | 7 |
| medical treatment at a more distant
facility outweigh the | 8 |
| increased risks to the patient from
transport to the more | 9 |
| distant facility, or the transport is in
accordance with | 10 |
| the System's protocols for patient
choice or refusal.
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| (6) Require that the EMS Medical Director of an ILS or
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| ALS level EMS System be a physician licensed to practice
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| medicine in all of its branches in Illinois, and certified | 14 |
| by
the American Board of Emergency Medicine or the American | 15 |
| Board
of Osteopathic Emergency Medicine, and that the EMS | 16 |
| Medical
Director of a BLS level EMS System be a physician | 17 |
| licensed to
practice medicine in all of its branches in | 18 |
| Illinois, with
regular and frequent involvement in | 19 |
| pre-hospital emergency
medical services. In addition, all | 20 |
| EMS Medical Directors shall:
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| (A) Have experience on an EMS vehicle at the
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| highest level available within the System, or make | 23 |
| provision
to gain such experience within 12 months | 24 |
| prior to the
date responsibility for the System is | 25 |
| assumed or within 90
days after assuming the position;
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| (B) Be thoroughly knowledgeable of all skills
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| included in the scope of practices of all levels of EMS
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| personnel within the System;
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| (C) Have or make provision to gain experience
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| instructing students at a level similar to that of the | 5 |
| levels
of EMS personnel within the System; and
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| (D) For ILS and ALS EMS Medical Directors,
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| successfully complete a Department-approved EMS | 8 |
| Medical
Director's Course.
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| (7) Prescribe statewide EMS data elements to be
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| collected and documented by providers in all EMS Systems | 11 |
| for
all emergency and non-emergency medical services, with | 12 |
| a
one-year phase-in for commencing collection of such data
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| elements.
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| (8) Define, through rules adopted pursuant to this Act,
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| the terms "Resource Hospital", "Associate Hospital",
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| "Participating Hospital", "Basic Emergency Department",
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| "Standby Emergency Department", "Comprehensive Emergency | 18 |
| Department", "EMS
Medical Director", "EMS Administrative
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| Director", and "EMS System Coordinator".
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| (A) Upon the effective date of this amendatory Act | 21 |
| of 1995,
all existing Project Medical Directors shall | 22 |
| be considered EMS
Medical Directors, and all persons | 23 |
| serving in such capacities
on the effective date of | 24 |
| this amendatory Act of 1995 shall be exempt from
the | 25 |
| requirements of paragraph (7) of this subsection;
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| (B) Upon the effective date of this amendatory Act |
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| of 1995, all
existing EMS System Project Directors | 2 |
| shall be considered EMS
Administrative Directors.
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| (9) Investigate the
circumstances that caused a | 4 |
| hospital
in an EMS system
to go on
bypass status to | 5 |
| determine whether that hospital's decision to go on bypass
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| status was reasonable. The Department may impose | 7 |
| sanctions, as
set forth in Section 3.140 of the Act, upon a | 8 |
| Department determination that the
hospital unreasonably
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| went on bypass status in violation of the Act.
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| (10) Evaluate the capacity and performance of any | 11 |
| freestanding emergency center established under Section | 12 |
| 32.5 of this Act in meeting emergency medical service needs | 13 |
| of the public, including compliance with applicable | 14 |
| emergency medical standards and assurance of the | 15 |
| availability of and immediate access to the highest quality | 16 |
| of medical care possible.
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| (Source: P.A. 95-584, eff. 8-31-07.)
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| (210 ILCS 50/3.50)
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| Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
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| (a) "Emergency Medical Technician-Basic" or
"EMT-B" means | 21 |
| a person who has successfully completed a course of
instruction | 22 |
| in basic life support
as prescribed by the
Department, is | 23 |
| currently licensed by the Department in
accordance with | 24 |
| standards prescribed by this Act and rules
adopted by the | 25 |
| Department pursuant to this Act, and practices within an EMS
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| System.
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| (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | 3 |
| means a person who has successfully completed a
course of | 4 |
| instruction in intermediate life support
as
prescribed by the | 5 |
| Department, is currently licensed by the
Department in | 6 |
| accordance with standards prescribed by this
Act and rules | 7 |
| adopted by the Department pursuant to this
Act, and practices | 8 |
| within an Intermediate or Advanced
Life Support EMS System.
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| (c) "Emergency Medical Technician-Paramedic" or "EMT-P" | 10 |
| means a person who
has successfully completed a
course of | 11 |
| instruction in advanced life support care
as
prescribed by the | 12 |
| Department, is licensed by the Department
in accordance with | 13 |
| standards prescribed by this Act and
rules adopted by the | 14 |
| Department pursuant to this Act, and
practices within an | 15 |
| Advanced Life Support EMS System.
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| (d) The Department shall have the authority and
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| responsibility to:
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| (1) Prescribe education and training requirements, | 19 |
| which
includes training in the use of epinephrine,
for all | 20 |
| levels of EMT, based on the respective national
curricula | 21 |
| of the United States Department of Transportation
and any | 22 |
| modifications to such curricula specified by the
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| Department through rules adopted pursuant to this Act.
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| (2) Prescribe licensure testing requirements
for all | 25 |
| levels of EMT, which shall include a requirement that
all | 26 |
| phases of instruction, training, and field experience be
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| completed before taking the EMT licensure examination.
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| Candidates may elect to take the National Registry of
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| Emergency Medical Technicians examination in lieu of the
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| Department's examination, but are responsible for making
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| their own arrangements for taking the National Registry
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| examination.
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| (2.5) Review applications for EMT licensure from
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| honorably discharged members of the armed forces of the | 9 |
| United States with military emergency medical training. | 10 |
| Applications shall be filed with the Department within one | 11 |
| year after military discharge and shall contain: (i) proof | 12 |
| of successful completion of military emergency medical | 13 |
| training; (ii) a detailed description of the emergency | 14 |
| medical curriculum completed; and (iii) a detailed | 15 |
| description of the applicant's clinical experience. The | 16 |
| Department may request additional and clarifying | 17 |
| information. The Department shall evaluate the | 18 |
| application, including the applicant's training and | 19 |
| experience, consistent with the standards set forth under | 20 |
| subsections (a), (b), (c), and (d) of Section 3.10. If the | 21 |
| application clearly demonstrates that the training and | 22 |
| experience meets such standards, the Department shall | 23 |
| offer the applicant the opportunity to successfully | 24 |
| complete a Department-approved
EMT examination for which | 25 |
| the applicant is qualified. Upon passage of an examination, | 26 |
| the Department shall issue a license, which shall be |
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| subject to all provisions of this Act that are otherwise | 2 |
| applicable to the class of EMT
license issued.
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| (3) License individuals as an EMT-B, EMT-I,
or EMT-P | 4 |
| who have met the Department's education, training and
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| examination testing requirements.
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| (4) Prescribe annual continuing education and
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| relicensure requirements for all levels of EMT.
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| (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P | 9 |
| every 4 years, based on their compliance with
continuing | 10 |
| education and relicensure requirements.
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| (6) Grant inactive status to any EMT who
qualifies, | 12 |
| based on standards and procedures established by
the | 13 |
| Department in rules adopted pursuant to this Act.
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| (7) Charge a fee for EMT examination, licensure, and | 15 |
| license renewal each candidate for EMT a fee to be
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| submitted with an application for a licensure examination .
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| (8) Suspend, revoke, or refuse to issue or renew the
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| license of any licensee an EMT , after an opportunity for an | 19 |
| impartial hearing before a neutral administrative law | 20 |
| judge appointed by the Director, where the preponderance of | 21 |
| the evidence shows one or more of the following a hearing, | 22 |
| when
findings show one or more of the following :
| 23 |
| (A) The licensee EMT has not met continuing
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| education or relicensure requirements as prescribed by | 25 |
| the Department;
| 26 |
| (B) The licensee EMT has failed to maintain
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| proficiency in the level of skills for which he or she | 2 |
| is licensed;
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| (C) The licensee EMT , during the provision of
| 4 |
| medical services, engaged in dishonorable, unethical , | 5 |
| or
unprofessional conduct of a character likely to | 6 |
| deceive,
defraud , or harm the public;
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| (D) The licensee EMT has failed to maintain or
has | 8 |
| violated standards of performance and conduct as | 9 |
| prescribed
by the Department in rules adopted pursuant | 10 |
| to this Act or
his or her EMS System's Program Plan;
| 11 |
| (E) The licensee EMT is physically impaired to
the | 12 |
| extent that he or she cannot physically perform the | 13 |
| skills and
functions for which he or she is licensed, | 14 |
| as verified by a
physician, unless the person is on | 15 |
| inactive status pursuant
to Department regulations;
| 16 |
| (F) The licensee EMT is mentally impaired to the
| 17 |
| extent that he or she cannot exercise the appropriate | 18 |
| judgment,
skill and safety for performing the | 19 |
| functions for which he
or she is licensed, as verified | 20 |
| by a physician, unless the person
is on inactive status | 21 |
| pursuant to Department regulations; or
| 22 |
| (G) The licensee EMT has violated this Act or any
| 23 |
| rule adopted by the Department pursuant to this Act ; | 24 |
| or . | 25 |
| (H) The licensee has been convicted (or entered a | 26 |
| plea of guilty or nolo-contendere) by a court of |
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| competent jurisdiction of a Class X, Class 1, or Class | 2 |
| 2 felony in this State or an out-of-state equivalent | 3 |
| offense. | 4 |
| (9) An EMT who exclusively serves as a volunteer for | 5 |
| units of local government with a population base of less | 6 |
| than 5,000 may submit an application to the Department for | 7 |
| a waiver of these fees on a form prescribed by the | 8 |
| Department. | 9 |
| The education requirements prescribed by the Department | 10 |
| under this subsection must allow for the suspension of those | 11 |
| requirements in the case of a member of the armed services or | 12 |
| reserve forces of the United States or a member of the Illinois | 13 |
| National Guard who is on active duty pursuant to an executive | 14 |
| order of the President of the United States, an act of the | 15 |
| Congress of the United States, or an order of the Governor at | 16 |
| the time that the member would otherwise be required to fulfill | 17 |
| a particular education requirement. Such a person must fulfill | 18 |
| the education requirement within 6 months after his or her | 19 |
| release from active duty.
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| (e) In the event that any rule of the
Department or an EMS | 21 |
| Medical Director that requires testing for drug
use as a | 22 |
| condition for EMT licensure conflicts with or
duplicates a | 23 |
| provision of a collective bargaining agreement
that requires | 24 |
| testing for drug use, that rule shall not
apply to any person | 25 |
| covered by the collective bargaining
agreement.
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| (Source: P.A. 96-540, eff. 8-17-09.)
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| (210 ILCS 50/3.60)
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| Sec. 3.60. First Responder.
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| (a) "First Responder" means a person who has
successfully | 4 |
| completed a course of instruction in emergency
first response | 5 |
| as prescribed by the Department, who provides
first response | 6 |
| services prior to the arrival of an
ambulance or specialized | 7 |
| emergency medical services vehicle,
in accordance with the | 8 |
| level of care established in the
emergency first response | 9 |
| course. A First Responder who
provides such services as part of | 10 |
| an EMS System response
plan which utilizes First Responders as | 11 |
| the personnel
dispatched to the scene of an emergency to | 12 |
| provide initial
emergency medical care shall comply with the | 13 |
| applicable
sections of the Program Plan of that EMS System.
| 14 |
| Persons who have already completed a course of
instruction | 15 |
| in emergency first response based on or
equivalent to the | 16 |
| national curriculum of the United States
Department of | 17 |
| Transportation, or as otherwise previously
recognized by the | 18 |
| Department, shall be considered First
Responders on the | 19 |
| effective date of this amendatory Act of 1995.
| 20 |
| (b) The Department shall have the authority and
| 21 |
| responsibility to:
| 22 |
| (1) Prescribe education requirements for the
First | 23 |
| Responder, which meet or exceed the national
curriculum of | 24 |
| the United States Department of
Transportation, through | 25 |
| rules adopted pursuant to this Act.
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| (2) Prescribe a standard set of equipment for
use | 2 |
| during first response services. An individual First
| 3 |
| Responder shall not be required to maintain his or her own | 4 |
| set of
such equipment, provided he or she has access to | 5 |
| such equipment
during a first response call.
| 6 |
| (3) Require the First Responder to notify the
| 7 |
| Department of any EMS System in which he or she | 8 |
| participates as
dispatched personnel as described in | 9 |
| subsection (a).
| 10 |
| (4) Require the First Responder to comply with
the | 11 |
| applicable sections of the Program Plans for those
Systems.
| 12 |
| (5) Require the First Responder to keep the
Department | 13 |
| currently informed as to who employs him or her and who | 14 |
| supervises
his or her activities as a First Responder.
| 15 |
| (6) Establish a mechanism for phasing in the
First | 16 |
| Responder requirements over a 5-year period.
| 17 |
| (7) Charge each First Responder applicant a fee for | 18 |
| testing, initial licensure, and license renewal. A First | 19 |
| Responder who exclusively serves as a volunteer for units | 20 |
| of local government or a not-for-profit organization that | 21 |
| serves a service area with a population base of less than | 22 |
| 5,000 may submit an application to the Department for a | 23 |
| waiver of these fees on a form prescribed by the | 24 |
| Department. | 25 |
| (Source: P.A. 89-177, eff. 7-19-95.)
|
|
|
|
HB5183 Enrolled |
- 18 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| (210 ILCS 50/3.65)
| 2 |
| Sec. 3.65. EMS Lead Instructor.
| 3 |
| (a) "EMS Lead Instructor" means a person who has
| 4 |
| successfully completed a course of education as prescribed
by | 5 |
| the Department, and who is currently approved by the
Department | 6 |
| to coordinate or teach education, training
and continuing | 7 |
| education courses, in accordance with
standards prescribed by | 8 |
| this Act and rules adopted by the
Department pursuant to this | 9 |
| Act.
| 10 |
| (b) The Department shall have the authority and
| 11 |
| responsibility to:
| 12 |
| (1) Prescribe education requirements for EMS
Lead | 13 |
| Instructor candidates through rules adopted pursuant to | 14 |
| this
Act.
| 15 |
| (2) Prescribe testing requirements for EMS
Lead | 16 |
| Instructor candidates through rules adopted pursuant to | 17 |
| this
Act.
| 18 |
| (3) Charge each candidate for EMS Lead
Instructor a fee | 19 |
| to be submitted with an application for an
examination , an | 20 |
| application for certification, and an application for | 21 |
| recertification .
| 22 |
| (4) Approve individuals as EMS Lead
Instructors who | 23 |
| have met the Department's education and testing
| 24 |
| requirements.
| 25 |
| (5) Require that all education, training and
| 26 |
| continuing education courses for EMT-B, EMT-I, EMT-P,
|
|
|
|
HB5183 Enrolled |
- 19 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| Pre-Hospital RN, ECRN, First Responder and Emergency | 2 |
| Medical
Dispatcher be coordinated by at least one approved | 3 |
| EMS Lead
Instructor. A program which includes education, | 4 |
| training or
continuing education for more than one type of | 5 |
| personnel may
use one EMS Lead Instructor to coordinate the | 6 |
| program, and a
single EMS Lead Instructor may | 7 |
| simultaneously coordinate
more than one program or course.
| 8 |
| (6) Provide standards and procedures for
awarding EMS | 9 |
| Lead Instructor approval to persons previously approved
by | 10 |
| the Department to coordinate such courses, based on
| 11 |
| qualifications prescribed by the Department through rules
| 12 |
| adopted pursuant to this Act.
| 13 |
| (7) Suspend or revoke the approval of an EMS
Lead | 14 |
| Instructor, after an opportunity for a hearing, when
| 15 |
| findings show one or more of the following:
| 16 |
| (A) The EMS Lead Instructor has failed
to conduct a | 17 |
| course in accordance with the curriculum
prescribed by | 18 |
| this Act and rules adopted by the Department
pursuant | 19 |
| to this Act; or
| 20 |
| (B) The EMS Lead Instructor has failed
to comply | 21 |
| with protocols prescribed by the Department through
| 22 |
| rules adopted pursuant to this Act.
| 23 |
| (Source: P.A. 89-177, eff. 7-19-95.)
| 24 |
| (210 ILCS 50/3.70)
| 25 |
| Sec. 3.70. Emergency Medical Dispatcher.
|
|
|
|
HB5183 Enrolled |
- 20 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| (a) "Emergency Medical Dispatcher" means a person
who has | 2 |
| successfully completed a training course in emergency medical
| 3 |
| dispatching meeting or
exceeding the national curriculum of the | 4 |
| United States
Department of Transportation in accordance with | 5 |
| rules
adopted by the Department pursuant to this Act, who | 6 |
| accepts
calls from the public for emergency medical services | 7 |
| and
dispatches designated emergency medical services personnel
| 8 |
| and vehicles. The Emergency Medical Dispatcher must use the
| 9 |
| Department-approved
emergency medical dispatch priority | 10 |
| reference system (EMDPRS) protocol
selected for use by its | 11 |
| agency and approved by its EMS medical director. This
protocol | 12 |
| must be used by an emergency medical dispatcher in an emergency
| 13 |
| medical dispatch agency to dispatch aid to medical emergencies | 14 |
| which includes
systematized caller interrogation questions; | 15 |
| systematized prearrival support
instructions; and systematized | 16 |
| coding protocols that match the dispatcher's
evaluation of the | 17 |
| injury or illness severity with the vehicle response mode and
| 18 |
| vehicle response configuration and includes an appropriate | 19 |
| training curriculum
and testing process consistent with the | 20 |
| specific EMDPRS protocol used by the
emergency medical dispatch | 21 |
| agency. Prearrival support instructions shall
be provided in a | 22 |
| non-discriminatory manner and shall be provided in accordance
| 23 |
| with the EMDPRS established by the EMS medical director of the | 24 |
| EMS system in
which the EMD operates. If the dispatcher
| 25 |
| operates under the authority of an Emergency Telephone
System | 26 |
| Board established under the Emergency Telephone
System Act, the |
|
|
|
HB5183 Enrolled |
- 21 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| protocols shall be established by such Board
in consultation | 2 |
| with the EMS Medical Director. Persons who
have already | 3 |
| completed a course of instruction in emergency
medical dispatch | 4 |
| based on, equivalent to or exceeding the
national curriculum of | 5 |
| the United States Department of
Transportation, or as otherwise | 6 |
| approved by the Department,
shall be considered Emergency | 7 |
| Medical Dispatchers on the
effective date of this amendatory | 8 |
| Act.
| 9 |
| (b) The Department shall have the authority and
| 10 |
| responsibility to:
| 11 |
| (1) Require certification and recertification of a | 12 |
| person who meets the
training and other requirements as an | 13 |
| emergency medical dispatcher pursuant to
this Act.
| 14 |
| (2) Require certification and recertification of a | 15 |
| person, organization,
or government agency that operates | 16 |
| an emergency medical dispatch agency that
meets
the minimum | 17 |
| standards prescribed by the Department for an emergency | 18 |
| medical
dispatch agency pursuant to this Act.
| 19 |
| (3) Prescribe minimum education and continuing
| 20 |
| education
requirements for the
Emergency Medical | 21 |
| Dispatcher, which meet the
national curriculum of the | 22 |
| United States Department of
Transportation, through rules | 23 |
| adopted pursuant to this Act.
| 24 |
| (4) Require each EMS Medical Director to report to the | 25 |
| Department
whenever
an
action has taken place that may | 26 |
| require the revocation or suspension of a
certificate |
|
|
|
HB5183 Enrolled |
- 22 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| issued by the Department.
| 2 |
| (5) Require each EMD to provide
prearrival
| 3 |
| instructions in compliance with protocols selected and | 4 |
| approved by the system's
EMS
medical director and approved | 5 |
| by the Department.
| 6 |
| (6) Require the Emergency Medical Dispatcher
to keep | 7 |
| the Department currently informed as to the entity or
| 8 |
| agency that employs or supervises his activities as an
| 9 |
| Emergency Medical Dispatcher.
| 10 |
| (7) Establish an annual recertification requirement
| 11 |
| that requires at least 12 hours of medical
| 12 |
| dispatch-specific continuing education
each year.
| 13 |
| (8) Approve all EMDPRS protocols used by emergency | 14 |
| medical dispatch
agencies to assure compliance with | 15 |
| national standards.
| 16 |
| (9) Require that Department-approved emergency medical | 17 |
| dispatch training
programs are conducted in accordance | 18 |
| with national standards.
| 19 |
| (10) Require that the emergency medical dispatch | 20 |
| agency be operated in
accordance with national standards, | 21 |
| including, but not limited to, (i) the use
on every
request | 22 |
| for medical assistance of an emergency medical dispatch | 23 |
| priority
reference
system (EMDPRS) in accordance with | 24 |
| Department-approved policies and procedures
and
(ii) under | 25 |
| the approval and supervision of the EMS medical director, | 26 |
| the
establishment of
a continuous quality improvement |
|
|
|
HB5183 Enrolled |
- 23 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| program.
| 2 |
| (11) Require that a person may not represent himself or | 3 |
| herself, nor may
an
agency or business represent an agent | 4 |
| or employee of that agency or business,
as
an emergency | 5 |
| medical dispatcher unless certified by the Department as an
| 6 |
| emergency medical dispatcher.
| 7 |
| (12) Require that a person, organization, or | 8 |
| government agency not
represent itself as an emergency | 9 |
| medical dispatch agency unless the person,
organization, | 10 |
| or government agency is certified by the Department as an
| 11 |
| emergency medical dispatch agency.
| 12 |
| (13) Require that a person, organization, or | 13 |
| government agency may not
offer
or conduct a training | 14 |
| course that is represented as a course for an emergency
| 15 |
| medical dispatcher unless the person, organization, or | 16 |
| agency is approved by
the Department to offer or conduct | 17 |
| that course.
| 18 |
| (14) Require that Department-approved emergency | 19 |
| medical dispatcher
training programs are conducted by | 20 |
| instructors licensed by the Department who:
| 21 |
| (i) are, at a minimum, certified as emergency | 22 |
| medical dispatchers;
| 23 |
| (ii) have completed a Department-approved course | 24 |
| on methods of
instruction;
| 25 |
| (iii) have previous experience in a medical | 26 |
| dispatch agency; and
|
|
|
|
HB5183 Enrolled |
- 24 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| (iv) have demonstrated experience as an EMS | 2 |
| instructor.
| 3 |
| (15) Establish criteria for modifying or
waiving | 4 |
| Emergency Medical Dispatcher requirements based on (i) the | 5 |
| scope
and frequency of dispatch activities and the | 6 |
| dispatcher's
access to training or (ii) whether the | 7 |
| previously-attended dispatcher
training program merits | 8 |
| automatic recertification for the dispatcher.
| 9 |
| (16) Charge each Emergency Medical Dispatcher | 10 |
| applicant a fee for licensure and license renewal. | 11 |
| (Source: P.A. 92-506, eff. 1-1-02.)
| 12 |
| (210 ILCS 50/3.75)
| 13 |
| Sec. 3.75. Trauma Nurse Specialist (TNS) Certification.
| 14 |
| (a) "Trauma Nurse Specialist" or "TNS"
means a registered | 15 |
| professional nurse who has successfully completed
education | 16 |
| and testing requirements as prescribed by the
Department, and | 17 |
| is certified by the Department in accordance
with rules adopted | 18 |
| by the Department pursuant to this Act.
| 19 |
| (b) The Department shall have the authority and
| 20 |
| responsibility to:
| 21 |
| (1) Establish criteria for TNS training
sites, through | 22 |
| rules adopted pursuant to this Act;
| 23 |
| (2) Prescribe education and testing
requirements for | 24 |
| TNS candidates, which shall include an opportunity for
| 25 |
| certification based on examination only, through rules
|
|
|
|
HB5183 Enrolled |
- 25 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| adopted pursuant to this Act;
| 2 |
| (3) Charge each candidate for TNS
certification a fee | 3 |
| to be submitted with an application for a certification
| 4 |
| examination , an application for certification, and an | 5 |
| application for recertification ;
| 6 |
| (4) Certify an individual as a TNS who has
met the | 7 |
| Department's education and testing requirements;
| 8 |
| (5) Prescribe recertification requirements
through | 9 |
| rules adopted to this Act;
| 10 |
| (6) Recertify an individual as a TNS every
4 years, | 11 |
| based on compliance with recertification
requirements;
| 12 |
| (7) Grant inactive status to any TNS who
qualifies, | 13 |
| based on standards and procedures established by
the | 14 |
| Department in rules adopted pursuant to this Act; and
| 15 |
| (8) Suspend, revoke or deny renewal of the
| 16 |
| certification of a TNS, after an opportunity for hearing by
| 17 |
| the Department, if findings show that the TNS has failed to
| 18 |
| maintain proficiency in the level of skills for which the
| 19 |
| TNS is certified or has failed to comply with
| 20 |
| recertification requirements.
| 21 |
| (Source: P.A. 89-177, eff. 7-19-95.)
| 22 |
| (210 ILCS 50/3.80)
| 23 |
| Sec. 3.80. Pre-Hospital RN and Emergency Communications | 24 |
| Registered Nurse.
| 25 |
| (a) Emergency Communications Registered Nurse or
"ECRN" |
|
|
|
HB5183 Enrolled |
- 26 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| means a registered professional nurse licensed under
the Nurse | 2 |
| Practice Act who
has
successfully completed supplemental | 3 |
| education in accordance
with rules adopted by the Department, | 4 |
| and who is approved by
an EMS Medical Director to monitor | 5 |
| telecommunications from
and give voice orders to EMS System | 6 |
| personnel, under the
authority of the EMS Medical Director and | 7 |
| in accordance with
System protocols.
| 8 |
| Upon the effective date of this amendatory Act of 1995, all
| 9 |
| existing Registered Professional Nurse/MICNs shall be
| 10 |
| considered ECRNs.
| 11 |
| (b) "Pre-Hospital Registered Nurse" or
"Pre-Hospital RN" | 12 |
| means a registered professional nurse licensed under
the Nurse | 13 |
| Practice Act who has
successfully completed supplemental | 14 |
| education in accordance
with rules adopted by the Department | 15 |
| pursuant to this Act,
and who is approved by an EMS Medical | 16 |
| Director to practice
within an EMS System as emergency medical | 17 |
| services personnel
for pre-hospital and inter-hospital | 18 |
| emergency care and
non-emergency medical transports.
| 19 |
| Upon the effective date of this amendatory Act of 1995, all
| 20 |
| existing Registered Professional Nurse/Field RNs shall be
| 21 |
| considered Pre-Hospital RNs.
| 22 |
| (c) The Department shall have the authority and
| 23 |
| responsibility to:
| 24 |
| (1) Prescribe education and continuing education
| 25 |
| requirements for Pre-Hospital RN and ECRN candidates | 26 |
| through
rules adopted pursuant to this Act:
|
|
|
|
HB5183 Enrolled |
- 27 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| (A) Education for Pre-Hospital RN shall
include | 2 |
| extrication, telecommunications, and pre-hospital
| 3 |
| cardiac and trauma care;
| 4 |
| (B) Education for ECRN shall include
| 5 |
| telecommunications, System standing medical orders and | 6 |
| the
procedures and protocols established by the EMS | 7 |
| Medical
Director;
| 8 |
| (C) A Pre-Hospital RN candidate who is
fulfilling | 9 |
| clinical training and in-field supervised
experience | 10 |
| requirements may perform prescribed procedures
under | 11 |
| the direct supervision of a physician licensed to
| 12 |
| practice medicine in all of its branches, a qualified
| 13 |
| registered professional nurse or a qualified EMT, only | 14 |
| when
authorized by the EMS 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 EMT, only | 22 |
| when authorized by the EMS
Medical Director;
| 23 |
| (2) Require EMS Medical Directors to
reapprove | 24 |
| Pre-Hospital RNs and ECRNs every 4 years, based on
| 25 |
| compliance with continuing education requirements | 26 |
| prescribed
by the Department through rules adopted |
|
|
|
HB5183 Enrolled |
- 28 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| pursuant to this
Act;
| 2 |
| (3) Allow EMS Medical Directors to grant
inactive | 3 |
| status to any Pre-Hospital RN or ECRN who qualifies, based
| 4 |
| on standards and procedures established by the Department | 5 |
| in
rules adopted pursuant to this Act;
| 6 |
| (4) Require a Pre-Hospital RN to honor Do Not
| 7 |
| Resuscitate (DNR) orders and powers of attorney for health
| 8 |
| care only in accordance with rules adopted by the | 9 |
| Department
pursuant to this Act and protocols of the EMS | 10 |
| System in
which he or she practices ; .
| 11 |
| (5) Charge each Pre-Hospital RN applicant and ECRN | 12 |
| applicant a fee for certification and recertification. | 13 |
| (Source: P.A. 95-639, eff. 10-5-07.)
| 14 |
| (210 ILCS 50/3.85)
| 15 |
| Sec. 3.85. Vehicle Service Providers.
| 16 |
| (a) "Vehicle Service Provider" means an entity
licensed by | 17 |
| the Department to provide emergency or
non-emergency medical | 18 |
| services in compliance with this Act,
the rules promulgated by | 19 |
| the Department pursuant to this
Act, and an operational plan | 20 |
| approved by its EMS System(s),
utilizing at least ambulances or | 21 |
| specialized emergency
medical service vehicles (SEMSV).
| 22 |
| (1) "Ambulance" means any publicly or
privately owned | 23 |
| on-road vehicle that is specifically designed,
constructed | 24 |
| or modified and equipped, and is intended to be
used for, | 25 |
| and is maintained or operated for the emergency
|
|
|
|
HB5183 Enrolled |
- 29 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| transportation of persons who are sick, injured, wounded or
| 2 |
| otherwise incapacitated or helpless, or the non-emergency
| 3 |
| medical transportation of persons who require the presence
| 4 |
| of medical personnel to monitor the individual's condition
| 5 |
| or medical apparatus being used on such individuals.
| 6 |
| (2) "Specialized Emergency Medical Services
Vehicle" | 7 |
| or "SEMSV" means a vehicle or conveyance, other
than those | 8 |
| owned or operated by the federal government, that
is | 9 |
| primarily intended for use in transporting the sick or
| 10 |
| injured by means of air, water, or ground transportation,
| 11 |
| that is not an ambulance as defined in this Act. The term
| 12 |
| includes watercraft, aircraft and special purpose ground
| 13 |
| transport vehicles or conveyances not intended for use on
| 14 |
| public roads.
| 15 |
| (3) An ambulance or SEMSV may also be
designated as a | 16 |
| Limited Operation Vehicle or Special-Use Vehicle:
| 17 |
| (A) "Limited Operation Vehicle" means a
vehicle | 18 |
| which is licensed by the Department to provide
basic, | 19 |
| intermediate or advanced life support emergency or
| 20 |
| non-emergency medical services that are exclusively | 21 |
| limited
to specific events or locales.
| 22 |
| (B) "Special-Use Vehicle" means any
publicly or | 23 |
| privately owned vehicle that is specifically designed,
| 24 |
| constructed or modified and equipped, and is intended | 25 |
| to be
used for, and is maintained or operated solely | 26 |
| for the
emergency or non-emergency transportation of a |
|
|
|
HB5183 Enrolled |
- 30 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| specific
medical class or category of persons who are | 2 |
| sick, injured,
wounded or otherwise incapacitated or | 3 |
| helpless (e.g.
high-risk obstetrical patients, | 4 |
| neonatal patients).
| 5 |
| (C) "Reserve Ambulance" means a vehicle that meets | 6 |
| all criteria set forth in this Section and all | 7 |
| Department rules, except for the required inventory of | 8 |
| medical supplies and durable medical equipment, which | 9 |
| may be rapidly transferred from a fully functional | 10 |
| ambulance to a reserve ambulance without the use of | 11 |
| tools or special mechanical expertise. | 12 |
| (b) The Department shall have the authority and
| 13 |
| responsibility to:
| 14 |
| (1) Require all Vehicle Service Providers, both
| 15 |
| publicly and privately owned, to function within an EMS
| 16 |
| System;
| 17 |
| (2) Require a Vehicle Service Provider
utilizing | 18 |
| ambulances to have a primary affiliation with an EMS System
| 19 |
| within the EMS Region in which its Primary Service Area is
| 20 |
| located, which is the geographic areas in which the | 21 |
| provider
renders the majority of its emergency responses. | 22 |
| This
requirement shall not apply to Vehicle Service | 23 |
| Providers
which exclusively utilize Limited Operation | 24 |
| Vehicles;
| 25 |
| (3) Establish licensing standards and
requirements for | 26 |
| Vehicle Service Providers, through rules
adopted pursuant |
|
|
|
HB5183 Enrolled |
- 31 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| to this Act, including but not limited to:
| 2 |
| (A) Vehicle design, specification,
operation and | 3 |
| maintenance standards , including standards for the use | 4 |
| of reserve ambulances ;
| 5 |
| (B) Equipment requirements;
| 6 |
| (C) Staffing requirements; and
| 7 |
| (D) Annual license renewal.
| 8 |
| (4) License all Vehicle Service Providers
that have met | 9 |
| the Department's requirements for licensure, unless
such | 10 |
| Provider is owned or licensed by the federal
government. | 11 |
| All Provider licenses issued by the Department
shall | 12 |
| specify the level and type of each vehicle covered by
the | 13 |
| license (BLS, ILS, ALS, ambulance, SEMSV, limited
| 14 |
| operation vehicle, special use vehicle , reserve | 15 |
| ambulance );
| 16 |
| (5) Annually inspect all licensed Vehicle
Service | 17 |
| Providers, and relicense such Providers that have met the
| 18 |
| Department's requirements for license renewal;
| 19 |
| (6) Suspend, revoke, refuse to issue or refuse to
renew | 20 |
| the license of any Vehicle Service Provider, or that
| 21 |
| portion of a license pertaining to a specific vehicle
| 22 |
| operated by the Provider, after an opportunity for a
| 23 |
| hearing, when findings show that the Provider or one or | 24 |
| more
of its vehicles has failed to comply with the | 25 |
| standards and
requirements of this Act or rules adopted by | 26 |
| the Department
pursuant to this Act;
|
|
|
|
HB5183 Enrolled |
- 32 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| (7) Issue an Emergency Suspension Order for
any | 2 |
| Provider or vehicle licensed under this Act, when the
| 3 |
| Director or his designee has determined that an immediate
| 4 |
| and serious danger to the public health, safety and welfare
| 5 |
| exists. Suspension or revocation proceedings which offer | 6 |
| an
opportunity for hearing shall be promptly initiated | 7 |
| after
the Emergency Suspension Order has been issued;
| 8 |
| (8) Exempt any licensed vehicle from
subsequent | 9 |
| vehicle design standards or specifications required by the
| 10 |
| Department, as long as said vehicle is continuously in
| 11 |
| compliance with the vehicle design standards and
| 12 |
| specifications originally applicable to that vehicle, or
| 13 |
| until said vehicle's title of ownership is transferred;
| 14 |
| (9) Exempt any vehicle (except an SEMSV)
which was | 15 |
| being used as an ambulance on or before December 15,
1980, | 16 |
| from vehicle design standards and specifications
required | 17 |
| by the Department, until said vehicle's title of
ownership | 18 |
| is transferred. Such vehicles shall not be exempt
from all | 19 |
| other licensing standards and requirements
prescribed by | 20 |
| the Department;
| 21 |
| (10) Prohibit any Vehicle Service Provider
from | 22 |
| advertising, identifying its vehicles, or disseminating
| 23 |
| information in a false or misleading manner concerning the
| 24 |
| Provider's type and level of vehicles, location, primary
| 25 |
| service area, response times, level of personnel, | 26 |
| licensure
status or System participation; and
|
|
|
|
HB5183 Enrolled |
- 33 - |
LRB096 16642 KTG 31923 b |
|
| 1 |
| (10.5) Prohibit any Vehicle Service Provider, whether | 2 |
| municipal, private, or hospital-owned, from advertising | 3 |
| itself as a critical care transport provider unless it | 4 |
| participates in a Department-approved EMS System critical | 5 |
| care transport plan; and
| 6 |
| (11) Charge each Vehicle Service Provider a
fee per | 7 |
| transport vehicle , to be submitted with each application | 8 |
| for licensure and
license renewal . The fee per transport | 9 |
| vehicle shall be set by administrative rule by the | 10 |
| Department and shall not exceed 100 vehicles per provider , | 11 |
| which shall not exceed $25.00 per vehicle,
up to $500.00 | 12 |
| per Provider .
| 13 |
| (Source: P.A. 89-177, eff. 7-19-95.)
| 14 |
| (210 ILCS 50/3.86) | 15 |
| Sec. 3.86. Stretcher van providers. | 16 |
| (a) In this Section, "stretcher van provider" means an | 17 |
| entity licensed by the Department to provide non-emergency | 18 |
| transportation of passengers on a stretcher in compliance with | 19 |
| this Act or the rules adopted by the Department pursuant to | 20 |
| this Act, utilizing stretcher vans. | 21 |
| (b) The Department has the authority and responsibility to | 22 |
| do the following: | 23 |
| (1) Require all stretcher van providers, both publicly | 24 |
| and privately owned, to be licensed by the Department. | 25 |
| (2) Establish licensing and safety standards and |
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| requirements for stretcher van providers, through rules | 2 |
| adopted pursuant to this Act, including but not limited to: | 3 |
| (A) Vehicle design, specification, operation, and | 4 |
| maintenance standards. | 5 |
| (B) Safety equipment requirements and standards. | 6 |
| (C) Staffing requirements. | 7 |
| (D) Annual license renewal. | 8 |
| (3) License all stretcher van providers that have met | 9 |
| the Department's requirements for licensure. | 10 |
| (4) Annually inspect all licensed stretcher van | 11 |
| providers, and relicense providers that have met the | 12 |
| Department's requirements for license renewal. | 13 |
| (5) Suspend, revoke, refuse to issue, or refuse to | 14 |
| renew the license of any stretcher van provider, or that | 15 |
| portion of a license pertaining to a specific vehicle | 16 |
| operated by a provider, after an opportunity for a hearing, | 17 |
| when findings show that the provider or one or more of its | 18 |
| vehicles has failed to comply with the standards and | 19 |
| requirements of this Act or the rules adopted by the | 20 |
| Department pursuant to this Act. | 21 |
| (6) Issue an emergency suspension order for any | 22 |
| provider or vehicle licensed under this Act when the | 23 |
| Director or his or her designee has determined that an | 24 |
| immediate or serious danger to the public health, safety, | 25 |
| and welfare exists. Suspension or revocation proceedings | 26 |
| that offer an opportunity for a hearing shall be promptly |
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| initiated after the emergency suspension order has been | 2 |
| issued. | 3 |
| (7) Prohibit any stretcher van provider from | 4 |
| advertising, identifying its vehicles, or disseminating | 5 |
| information in a false or misleading manner concerning the | 6 |
| provider's type and level of vehicles, location, response | 7 |
| times, level of personnel, licensure status, or EMS System | 8 |
| participation. | 9 |
| (8) Charge each stretcher van provider a fee, to be | 10 |
| submitted with each application for licensure and license | 11 |
| renewal , which shall not exceed $25 per vehicle, up to $500 | 12 |
| per provider . | 13 |
| (c) A stretcher van provider may provide transport of a | 14 |
| passenger on a stretcher, provided the passenger meets all of | 15 |
| the following requirements: | 16 |
| (1) He or she needs no medical equipment, except | 17 |
| self-administered medications. | 18 |
| (2) He or she needs no medical monitoring or medical | 19 |
| observation. | 20 |
| (3) He or she needs routine transportation to or from a | 21 |
| medical appointment or service if the passenger is | 22 |
| convalescent or otherwise bed-confined and does not | 23 |
| require medical monitoring, aid, care, or treatment during | 24 |
| transport. | 25 |
| (d) A stretcher van provider may not transport a passenger | 26 |
| who meets any of the following conditions: |
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| (1) He or she is currently admitted to a hospital or is | 2 |
| being transported to a hospital for admission or emergency | 3 |
| treatment. | 4 |
| (2) He or she is acutely ill, wounded, or medically | 5 |
| unstable as determined by a licensed physician. | 6 |
| (3) He or she is experiencing an emergency medical | 7 |
| condition, an acute medical condition, an exacerbation of a | 8 |
| chronic medical condition, or a sudden illness or injury. | 9 |
| (4) He or she was administered a medication that might | 10 |
| prevent the passenger from caring for himself or herself. | 11 |
| (5) He or she was moved from one environment where | 12 |
| 24-hour medical monitoring or medical observation will | 13 |
| take place by certified or licensed nursing personnel to | 14 |
| another such environment. Such environments shall include, | 15 |
| but not be limited to, hospitals licensed under the | 16 |
| Hospital Licensing Act or operated under the University of | 17 |
| Illinois Hospital Act, and nursing facilities licensed | 18 |
| under the Nursing Home Care Act. | 19 |
| (e) The Stretcher Van Licensure Fund is created as a | 20 |
| special fund within the State treasury. All fees received by | 21 |
| the Department in connection with the licensure of stretcher | 22 |
| van providers under this Section shall be deposited into the | 23 |
| fund. Moneys in the fund shall be subject to appropriation to | 24 |
| the Department for use in implementing this Section.
| 25 |
| (Source: P.A. 96-702, eff. 8-25-09.)
|
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| (210 ILCS 50/3.130)
| 2 |
| Sec. 3.130. Facility, system, and equipment violations | 3 |
| Violations ; Plans of Correction. Except for emergency | 4 |
| suspension orders, or actions
initiated pursuant to Sections | 5 |
| 3.117(a), 3.117(b), and 3.90(b)(10) of this Act, prior
to | 6 |
| initiating an action for suspension, revocation, denial,
| 7 |
| nonrenewal, or imposition of a fine pursuant to this Act,
the | 8 |
| Department shall:
| 9 |
| (a) Issue a Notice of Violation which specifies
the | 10 |
| Department's allegations of noncompliance and requests a
plan | 11 |
| of correction to be submitted within 10 days after
receipt of | 12 |
| the Notice of Violation;
| 13 |
| (b) Review and approve or reject the plan of
correction. If | 14 |
| the Department rejects the plan of
correction, it shall send | 15 |
| notice of the rejection and the
reason for the rejection. The | 16 |
| party shall have 10 days
after receipt of the notice of | 17 |
| rejection in which to submit
a modified plan;
| 18 |
| (c) Impose a plan of correction if a modified plan
is not | 19 |
| submitted in a timely manner or if the modified plan is
| 20 |
| rejected by the Department;
| 21 |
| (d) Issue a Notice of Intent to fine, suspend,
revoke, | 22 |
| nonrenew or deny if the party has failed to comply with the
| 23 |
| imposed plan of correction, and provide the party with an
| 24 |
| opportunity to request an administrative hearing. The
Notice of | 25 |
| Intent shall be effected by certified mail or by
personal | 26 |
| service, shall set forth the particular reasons for
the |
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| proposed action, and shall provide the party with 15
days in | 2 |
| which to request a hearing.
| 3 |
| (Source: P.A. 96-514, eff. 1-1-10.)
| 4 |
| (210 ILCS 50/3.160)
| 5 |
| Sec. 3.160. Employer Responsibility.
| 6 |
| (a) (Blank) No employer shall employ or permit any employee | 7 |
| to
perform any services for which a license, certificate or
| 8 |
| other authorization is required by this Act, or by rules
| 9 |
| adopted pursuant to this Act, unless and until the person so
| 10 |
| employed possesses all licenses, certificates or
| 11 |
| authorizations that are so required .
| 12 |
| (a-5) No employer shall permit any employee to perform any | 13 |
| services for which a license, certificate, or other | 14 |
| authorization is required under this Act, unless the employer | 15 |
| first makes a good faith attempt to verify that the employee | 16 |
| possesses all necessary and valid licenses, certificates, and | 17 |
| authorizations required under this Act. | 18 |
| (b) Any person or entity that employs or
supervises a | 19 |
| person's activities as a First Responder or Emergency
Medical | 20 |
| Dispatcher shall cooperate with the Department's
efforts to | 21 |
| monitor and enforce compliance by those
individuals with the | 22 |
| requirements of this Act.
| 23 |
| (Source: P.A. 89-177, eff. 7-19-95.)
| 24 |
| (210 ILCS 50/3.175)
|
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| Sec. 3.175. Criminal Penalties. Any person who violates | 2 |
| Sections 3.155(d)
or (f), 3.160, 3.165 or 3.170 of this Act or | 3 |
| any rule promulgated thereto, is
guilty of a Class B C | 4 |
| misdemeanor.
| 5 |
| (Source: P.A. 89-177, eff. 7-19-95.)
| 6 |
| (210 ILCS 50/3.220)
| 7 |
| Sec. 3.220. EMS Assistance Fund.
| 8 |
| (a) There is hereby created an "EMS Assistance
Fund" within | 9 |
| the State treasury, for the purpose of receiving
fines and fees | 10 |
| collected by the Illinois Department of
Health pursuant to this | 11 |
| Act.
| 12 |
| (b) (Blank) EMT licensure examination fees collected shall
| 13 |
| be distributed by the Department to the Resource Hospital of
| 14 |
| the EMS System in which the EMT candidate was educated, to
be | 15 |
| used for educational and related expenses incurred by the
| 16 |
| System's hospitals, as identified in the EMS System Program
| 17 |
| Plan .
| 18 |
| (b-5) All licensing, testing, and certification fees | 19 |
| authorized by this Act, excluding ambulance licensure fees, | 20 |
| within this fund shall be used by the Department for | 21 |
| administration, oversight, and enforcement of activities | 22 |
| authorized under this Act. | 23 |
| (c) All other moneys within this fund shall be
distributed | 24 |
| by the Department to the EMS Regions for
disbursement in | 25 |
| accordance with protocols established in the
EMS Region Plans, |
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| for the purposes of organization,
development and improvement | 2 |
| of Emergency Medical Services
Systems, including but not | 3 |
| limited to training of personnel
and acquisition, modification | 4 |
| and maintenance of necessary
supplies, equipment and vehicles.
| 5 |
| (d) All fees and fines collected pursuant to this
Act shall | 6 |
| be deposited into the EMS Assistance Fund, except that all fees | 7 |
| collected under Section 3.86 in connection with the licensure | 8 |
| of stretcher van providers shall be deposited into the | 9 |
| Stretcher Van Licensure Fund.
| 10 |
| (Source: P.A. 96-702, eff. 8-25-09.)
| 11 |
| Section 99. Effective date. This Act takes effect January | 12 |
| 1, 2011. |
|