Illinois General Assembly - Full Text of HB3255
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Full Text of HB3255  97th General Assembly

HB3255ham002 97TH GENERAL ASSEMBLY

Rep. Donald L. Moffitt

Filed: 3/17/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3255

2    AMENDMENT NO. ______. Amend House Bill 3255, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Emergency Medical Services (EMS) Systems
6Act is amended by changing Section 3.50 and 3.60 as follows:
 
7    (210 ILCS 50/3.50)
8    Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
9    (a) "Emergency Medical Technician-Basic" or "EMT-B" means
10a person who has successfully completed a course of instruction
11in basic life support as prescribed by the Department, is
12currently licensed by the Department in accordance with
13standards prescribed by this Act and rules adopted by the
14Department pursuant to this Act, and practices within an EMS
15System.
16    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"

 

 

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1means a person who has successfully completed a course of
2instruction in intermediate life support as prescribed 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) "Emergency Medical Technician-Paramedic" or "EMT-P"
8means a person who has successfully completed a course of
9instruction in advanced life support care as prescribed by the
10Department, is licensed by the Department in accordance with
11standards prescribed by this Act and rules adopted by the
12Department pursuant to this Act, and practices within an
13Advanced Life Support EMS System.
14    (d) The Department shall have the authority and
15responsibility to:
16        (1) Prescribe education and training requirements,
17    which includes training in the use of epinephrine, for all
18    levels of EMT, based on the respective national curricula
19    of the United States Department of Transportation and any
20    modifications to such curricula specified by the
21    Department through rules adopted pursuant to this Act.
22        (2) Prescribe licensure testing requirements for all
23    levels of EMT, which shall include a requirement that all
24    phases of instruction, training, and field experience be
25    completed before taking the EMT licensure examination.
26    Candidates may elect to take the National Registry of

 

 

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1    Emergency Medical Technicians examination in lieu of the
2    Department's examination, but are responsible for making
3    their own arrangements for taking the National Registry
4    examination.
5        (2.5) Review applications for EMT licensure from
6    honorably discharged members of the armed forces of the
7    United States with military emergency medical training.
8    Applications shall be filed with the Department within one
9    year after military discharge and shall contain: (i) proof
10    of successful completion of military emergency medical
11    training; (ii) a detailed description of the emergency
12    medical curriculum completed; and (iii) a detailed
13    description of the applicant's clinical experience. The
14    Department may request additional and clarifying
15    information. The Department shall evaluate the
16    application, including the applicant's training and
17    experience, consistent with the standards set forth under
18    subsections (a), (b), (c), and (d) of Section 3.10. If the
19    application clearly demonstrates that the training and
20    experience meets such standards, the Department shall
21    offer the applicant the opportunity to successfully
22    complete a Department-approved EMT examination for which
23    the applicant is qualified. Upon passage of an examination,
24    the Department shall issue a license, which shall be
25    subject to all provisions of this Act that are otherwise
26    applicable to the class of EMT license issued.

 

 

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1        (3) License individuals as an EMT-B, EMT-I, or EMT-P
2    who have met the Department's education, training and
3    examination requirements.
4        (4) Prescribe annual continuing education and
5    relicensure requirements for all levels of EMT.
6        (5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
7    every 4 years, based on their compliance with continuing
8    education and relicensure requirements. An Illinois
9    licensed Emergency Medical Technician whose license has
10    been expired for less than 36 months may apply for
11    reinstatement by the Department. Reinstatement shall
12    require that the applicant (i) submit satisfactory proof of
13    completion of continuing medical education and clinical
14    requirements to be prescribed by the Department in an
15    administrative rule; (ii) submit a positive recommendation
16    from an Illinois EMS Medical Director attesting to the
17    applicant's qualifications for retesting; and (iii) pass a
18    Department approved test for the level of EMT license
19    sought to be reinstated.
20        (6) Grant inactive status to any EMT who qualifies,
21    based on standards and procedures established by the
22    Department in rules adopted pursuant to this Act.
23        (7) Charge a fee for EMT examination, licensure, and
24    license renewal.
25        (8) Suspend, revoke, or refuse to issue or renew the
26    license of any licensee, after an opportunity for an

 

 

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1    impartial hearing before a neutral administrative law
2    judge appointed by the Director, where the preponderance of
3    the evidence shows one or more of the following:
4            (A) The licensee has not met continuing education
5        or relicensure requirements as prescribed by the
6        Department;
7            (B) The licensee has failed to maintain
8        proficiency in the level of skills for which he or she
9        is licensed;
10            (C) The licensee, during the provision of medical
11        services, engaged in dishonorable, unethical, or
12        unprofessional conduct of a character likely to
13        deceive, defraud, or harm the public;
14            (D) The licensee has failed to maintain or has
15        violated standards of performance and conduct as
16        prescribed by the Department in rules adopted pursuant
17        to this Act or his or her EMS System's Program Plan;
18            (E) The licensee is physically impaired to the
19        extent that he or she cannot physically perform the
20        skills and functions for which he or she is licensed,
21        as verified by a physician, unless the person is on
22        inactive status pursuant to Department regulations;
23            (F) The licensee is mentally impaired to the extent
24        that he or she cannot exercise the appropriate
25        judgment, skill and safety for performing the
26        functions for which he or she is licensed, as verified

 

 

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1        by a physician, unless the person is on inactive status
2        pursuant to Department regulations;
3            (G) The licensee has violated this Act or any rule
4        adopted by the Department pursuant to this Act; or
5            (H) The licensee has been convicted (or entered a
6        plea of guilty or nolo-contendere) by a court of
7        competent jurisdiction of a Class X, Class 1, or Class
8        2 felony in this State or an out-of-state equivalent
9        offense.
10        (9) An EMT who exclusively serves as a volunteer for
11    units of local government with a population base of less
12    than 5,000 or as a volunteer for a not-for-profit
13    organization that serves a service area with a population
14    base of less than 5,000 may submit an application to the
15    Department for a waiver of these fees on a form prescribed
16    by the Department.
17    The education requirements prescribed by the Department
18under this subsection must allow for the suspension of those
19requirements in the case of a member of the armed services or
20reserve forces of the United States or a member of the Illinois
21National Guard who is on active duty pursuant to an executive
22order of the President of the United States, an act of the
23Congress of the United States, or an order of the Governor at
24the time that the member would otherwise be required to fulfill
25a particular education requirement. Such a person must fulfill
26the education requirement within 6 months after his or her

 

 

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1release from active duty.
2    (e) In the event that any rule of the Department or an EMS
3Medical Director that requires testing for drug use as a
4condition for EMT licensure conflicts with or duplicates a
5provision of a collective bargaining agreement that requires
6testing for drug use, that rule shall not apply to any person
7covered by the collective bargaining agreement.
8(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;
996-1469, eff. 1-1-11; revised 9-16-10.)
 
10    (210 ILCS 50/3.60)
11    Sec. 3.60. First Responder.
12    (a) "First Responder" means a person who has successfully
13completed a course of instruction in emergency first response
14as prescribed by the Department, who provides first response
15services prior to the arrival of an ambulance or specialized
16emergency medical services vehicle, in accordance with the
17level of care established in the emergency first response
18course. A First Responder who provides such services as part of
19an EMS System response plan which utilizes First Responders as
20the personnel dispatched to the scene of an emergency to
21provide initial emergency medical care shall comply with the
22applicable sections of the Program Plan of that EMS System.
23    Persons who have already completed a course of instruction
24in emergency first response based on or equivalent to the
25national curriculum of the United States Department of

 

 

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1Transportation, or as otherwise previously recognized by the
2Department, shall be considered First Responders on the
3effective date of this amendatory Act of 1995.
4    (b) The Department shall have the authority and
5responsibility to:
6        (1) Prescribe education requirements for the First
7    Responder, which meet or exceed the national curriculum of
8    the United States Department of Transportation, through
9    rules adopted pursuant to this Act.
10        (2) Prescribe a standard set of equipment for use
11    during first response services. An individual First
12    Responder shall not be required to maintain his or her own
13    set of such equipment, provided he or she has access to
14    such equipment during a first response call.
15        (3) Require the First Responder to notify the
16    Department of any EMS System in which he or she
17    participates as dispatched personnel as described in
18    subsection (a).
19        (4) Require the First Responder to comply with the
20    applicable sections of the Program Plans for those Systems.
21        (5) Require the First Responder to keep the Department
22    currently informed as to who employs him or her and who
23    supervises his or her activities as a First Responder.
24        (6) Establish a mechanism for phasing in the First
25    Responder requirements over a 5-year period.
26        (7) Charge each First Responder applicant a fee for

 

 

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1    testing, initial licensure, and license renewal. A First
2    Responder who exclusively serves as a volunteer for units
3    of local government or a not-for-profit organization that
4    serves a service area with a population base of less than
5    5,000 may submit an application to the Department for a
6    waiver of these fees on a form prescribed by the
7    Department. These fees shall not apply to officers of the
8    Illinois State Police who are First Responders pursuant to
9    their employment.
10(Source: P.A. 96-1469, eff. 1-1-11.)".