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


Sen. Antonio Muñoz

Filed: 3/11/2010





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2     AMENDMENT NO. ______. Amend Senate Bill 3637 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Emergency Medical Services (EMS) Systems
5 Act 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.



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1     (b) One hospital in each System program plan must be
2 designated as the Resource Hospital. All other hospitals which
3 are located within the geographic boundaries of a System and
4 which have standby, basic or comprehensive level emergency
5 departments must function in that EMS System as either an
6 Associate Hospital or Participating Hospital and follow all
7 System policies specified in the System Program Plan, including
8 but not limited to the replacement of drugs and equipment used
9 by providers who have delivered patients to their emergency
10 departments. All hospitals and vehicle service providers
11 participating in an EMS System must specify their level of
12 participation in the System Program Plan.
13     (c) The Department shall have the authority and
14 responsibility to:
15         (1) Approve BLS, ILS and ALS level EMS Systems which
16     meet minimum standards and criteria established in rules
17     adopted by the Department pursuant to this Act, including
18     the submission of a Program Plan for Department approval.
19     Beginning September 1, 1997, the Department shall approve
20     the development of a new EMS System only when a local or
21     regional need for establishing such System has been
22     identified. This shall not be construed as a needs
23     assessment for health planning or other purposes outside of
24     this Act. Following Department approval, EMS Systems must
25     be fully operational within one year from the date of
26     approval.



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1         (2) Monitor EMS Systems, based on minimum standards for
2     continuing operation as prescribed in rules adopted by the
3     Department pursuant to this Act, which shall include
4     requirements for submitting Program Plan amendments to the
5     Department for approval.
6         (3) Renew EMS System approvals every 4 years, after an
7     inspection, based on compliance with the standards for
8     continuing operation prescribed in rules adopted by the
9     Department pursuant to this Act.
10         (4) Suspend, revoke, or refuse to renew approval of any
11     EMS System, after providing an opportunity for a hearing,
12     when findings show that it does not meet the minimum
13     standards for continuing operation as prescribed by the
14     Department, or is found to be in violation of its
15     previously approved Program Plan.
16         (5) Require each EMS System to adopt written protocols
17     for the bypassing of or diversion to any hospital, trauma
18     center or regional trauma center, which provide that a
19     person shall not be transported to a facility other than
20     the nearest hospital, regional trauma center or trauma
21     center unless the medical benefits to the patient
22     reasonably expected from the provision of appropriate
23     medical treatment at a more distant facility outweigh the
24     increased risks to the patient from transport to the more
25     distant facility, or the transport is in accordance with
26     the System's protocols for patient choice or refusal.



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1         (6) Require that the EMS Medical Director of an ILS or
2     ALS level EMS System be a physician licensed to practice
3     medicine in all of its branches in Illinois, and certified
4     by the American Board of Emergency Medicine or the American
5     Board of Osteopathic Emergency Medicine, and that the EMS
6     Medical Director of a BLS level EMS System be a physician
7     licensed to practice medicine in all of its branches in
8     Illinois, with regular and frequent involvement in
9     pre-hospital emergency medical services. In addition, all
10     EMS Medical Directors shall:
11             (A) Have experience on an EMS vehicle at the
12         highest level available within the System, or make
13         provision to gain such experience within 12 months
14         prior to the date responsibility for the System is
15         assumed or within 90 days after assuming the position;
16             (B) Be thoroughly knowledgeable of all skills
17         included in the scope of practices of all levels of EMS
18         personnel within the System;
19             (C) Have or make provision to gain experience
20         instructing students at a level similar to that of the
21         levels of EMS personnel within the System; and
22             (D) For ILS and ALS EMS Medical Directors,
23         successfully complete a Department-approved EMS
24         Medical Director's Course.
25         (7) Prescribe statewide EMS data elements to be
26     collected and documented by providers in all EMS Systems



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1     for all emergency and non-emergency medical services, with
2     a one-year phase-in for commencing collection of such data
3     elements.
4         (8) Define, through rules adopted pursuant to this Act,
5     the terms "Resource Hospital", "Associate Hospital",
6     "Participating Hospital", "Basic Emergency Department",
7     "Standby Emergency Department", "Comprehensive Emergency
8     Department", "EMS Medical Director", "EMS Administrative
9     Director", and "EMS System Coordinator".
10             (A) Upon the effective date of this amendatory Act
11         of 1995, all existing Project Medical Directors shall
12         be considered EMS Medical Directors, and all persons
13         serving in such capacities on the effective date of
14         this amendatory Act of 1995 shall be exempt from the
15         requirements of paragraph (7) of this subsection;
16             (B) Upon the effective date of this amendatory Act
17         of 1995, all existing EMS System Project Directors
18         shall be considered EMS Administrative Directors.
19         (9) Investigate the circumstances that caused a
20     hospital in an EMS system to go on bypass status to
21     determine whether that hospital's decision to go on bypass
22     status was reasonable. The Department may impose
23     sanctions, as set forth in Section 3.140 of the Act, upon a
24     Department determination that the hospital unreasonably
25     went on bypass status in violation of the Act.
26         (10) Evaluate the capacity and performance of any



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1     freestanding emergency center established under Section
2     32.5 of this Act in meeting emergency medical service needs
3     of the public, including compliance with applicable
4     emergency medical standards and assurance of the
5     availability of and immediate access to the highest quality
6     of medical care possible.
7         (11) Permit limited EMS System participation by
8     facilities operated by the United States Department of
9     Veterans Affairs, Veterans Health Administration. Subject
10     to patient preference, Illinois EMS providers may
11     transport patients to Veterans Health Administration
12     facilities that voluntarily participate in an EMS System.
13     Any Veterans Health Administration facility seeking
14     limited participation in an EMS System shall agree to
15     comply with all Department administrative rules
16     implementing this Section. The Department may promulgate
17     rules, including, but not limited to, the types of Veterans
18     Health Administration facilities that may participate in
19     an EMS System and the limitations of participation.
20 (Source: P.A. 95-584, eff. 8-31-07.)".