Illinois General Assembly - Full Text of HB5880
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Full Text of HB5880  97th General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Emergency Medical Services (EMS) Systems Act
5is amended by changing Sections 3.50, 3.60, and 3.85 as
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
16    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
17means a person who has successfully completed a course of
18instruction in intermediate life support as prescribed by the
19Department, is currently licensed by the Department in
20accordance with standards prescribed by this Act and rules
21adopted by the Department pursuant to this Act, and practices
22within an Intermediate or Advanced Life Support EMS System.
23    (c) "Emergency Medical Technician-Paramedic" or "EMT-P"



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1means a person who has successfully completed a course of
2instruction in advanced life support care as prescribed by the
3Department, is licensed by the Department in accordance with
4standards prescribed by this Act and rules adopted by the
5Department pursuant to this Act, and practices within an
6Advanced Life Support EMS System.
7    (d) The Department shall have the authority and
8responsibility to:
9        (1) Prescribe education and training requirements,
10    which includes training in the use of epinephrine, for all
11    levels of EMT, based on the respective national curricula
12    of the United States Department of Transportation and any
13    modifications to such curricula specified by the
14    Department through rules adopted pursuant to this Act.
15        (2) Prescribe licensure testing requirements for all
16    levels of EMT, which shall include a requirement that all
17    phases of instruction, training, and field experience be
18    completed before taking the EMT licensure examination.
19    Candidates may elect to take the National Registry of
20    Emergency Medical Technicians examination in lieu of the
21    Department's examination, but are responsible for making
22    their own arrangements for taking the National Registry
23    examination.
24        (2.5) Review applications for EMT licensure from
25    honorably discharged members of the armed forces of the
26    United States with military emergency medical training.



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1    Applications shall be filed with the Department within one
2    year after military discharge and shall contain: (i) proof
3    of successful completion of military emergency medical
4    training; (ii) a detailed description of the emergency
5    medical curriculum completed; and (iii) a detailed
6    description of the applicant's clinical experience. The
7    Department may request additional and clarifying
8    information. The Department shall evaluate the
9    application, including the applicant's training and
10    experience, consistent with the standards set forth under
11    subsections (a), (b), (c), and (d) of Section 3.10. If the
12    application clearly demonstrates that the training and
13    experience meets such standards, the Department shall
14    offer the applicant the opportunity to successfully
15    complete a Department-approved EMT examination for which
16    the applicant is qualified. Upon passage of an examination,
17    the Department shall issue a license, which shall be
18    subject to all provisions of this Act that are otherwise
19    applicable to the class of EMT license issued.
20        (3) License individuals as an EMT-B, EMT-I, or EMT-P
21    who have met the Department's education, training and
22    examination requirements.
23        (4) Prescribe annual continuing education and
24    relicensure requirements for all levels of EMT.
25        (5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
26    every 4 years, based on their compliance with continuing



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1    education and relicensure requirements. An Illinois
2    licensed Emergency Medical Technician whose license has
3    been expired for less than 36 months may apply for
4    reinstatement by the Department. Reinstatement shall
5    require that the applicant (i) submit satisfactory proof of
6    completion of continuing medical education and clinical
7    requirements to be prescribed by the Department in an
8    administrative rule; (ii) submit a positive recommendation
9    from an Illinois EMS Medical Director attesting to the
10    applicant's qualifications for retesting; and (iii) pass a
11    Department approved test for the level of EMT license
12    sought to be reinstated.
13        (6) Grant inactive status to any EMT who qualifies,
14    based on standards and procedures established by the
15    Department in rules adopted pursuant to this Act.
16        (7) Charge a fee for EMT examination, licensure, and
17    license renewal.
18        (8) Suspend, revoke, or refuse to issue or renew the
19    license of any licensee, after an opportunity for an
20    impartial hearing before a neutral administrative law
21    judge appointed by the Director, where the preponderance of
22    the evidence shows one or more of the following:
23            (A) The licensee has not met continuing education
24        or relicensure requirements as prescribed by the
25        Department;
26            (B) The licensee has failed to maintain



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1        proficiency in the level of skills for which he or she
2        is licensed;
3            (C) The licensee, during the provision of medical
4        services, engaged in dishonorable, unethical, or
5        unprofessional conduct of a character likely to
6        deceive, defraud, or harm the public;
7            (D) The licensee 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 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 is mentally impaired to the extent
17        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;
22            (G) The licensee has violated this Act or any rule
23        adopted by the Department pursuant to this Act; or
24            (H) The licensee has been convicted (or entered a
25        plea of guilty or nolo-contendere) by a court of
26        competent jurisdiction of a Class X, Class 1, or Class



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1        2 felony in this State or an out-of-state equivalent
2        offense.
3        (9) An EMT who is a member of the Illinois National
4    Guard or , an Illinois State Trooper, or who exclusively
5    serves as a volunteer for units of local government with a
6    population base of less than 5,000 or as a volunteer for a
7    not-for-profit organization that serves a service area
8    with a population base of less than 5,000 may submit an
9    application to the Department for a waiver of these fees on
10    a form prescribed by the Department.
11    The education requirements prescribed by the Department
12under this subsection must allow for the suspension of those
13requirements in the case of a member of the armed services or
14reserve forces of the United States or a member of the Illinois
15National Guard who is on active duty pursuant to an executive
16order of the President of the United States, an act of the
17Congress of the United States, or an order of the Governor at
18the time that the member would otherwise be required to fulfill
19a particular education requirement. Such a person must fulfill
20the education requirement within 6 months after his or her
21release from active duty.
22    (e) In the event that any rule of the Department or an EMS
23Medical Director that requires testing for drug use as a
24condition for EMT licensure conflicts with or duplicates a
25provision of a collective bargaining agreement that requires
26testing for drug use, that rule shall not apply to any person



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1covered by the collective bargaining agreement.
2(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;
396-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff.
48-23-11; revised 11-18-11.)
5    (210 ILCS 50/3.60)
6    Sec. 3.60. First Responder.
7    (a) "First Responder" means a person who is at least 18
8years of age, who has successfully completed a course of
9instruction in emergency medical responder first response as
10prescribed by the Department, and who provides first response
11services prior to the arrival of an ambulance or specialized
12emergency medical services vehicle, in accordance with the
13level of care established in the emergency medical responder
14first response course. A First Responder who provides such
15services as part of an EMS System response plan which utilizes
16First Responders as the personnel dispatched to the scene of an
17emergency to provide initial emergency medical care shall
18comply with the applicable sections of the Program Plan of that
19EMS System.
20    Persons who have already completed a course of instruction
21in emergency first response based on or equivalent to the
22national curriculum of the United States Department of
23Transportation, or as otherwise previously recognized by the
24Department, shall be considered First Responders on the
25effective date of this amendatory Act of 1995.



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1    (a-5) "Provisional First Responder" means a person who is
2at least 16 years of age, who has successfully completed a
3course of instruction in emergency medical responder as
4prescribed by the Department, and who provides first response
5services prior to the arrival of an ambulance or specialized
6emergency medical services vehicle, in accordance with the
7level of care established in the emergency medical responder
8course. A Provisional First Responder must provide such
9services as part of an EMS System Response plan that utilizes
10Provisional First Responders with other EMS personnel
11dispatched to the scene of an emergency to provide initial
12emergency medical care and shall comply with the applicable
13sections of the program plan of that EMS System. A Provisional
14First Responder may apply to the Department for a First
15Responder license at the age of 18 upon the EMS Medical
16Director's written approval.
17    (b) The Department shall have the authority and
18responsibility to:
19        (1) Prescribe education requirements for the First
20    Responder, which meet or exceed the national curriculum of
21    the United States Department of Transportation, through
22    rules adopted pursuant to this Act.
23        (2) Prescribe a standard set of equipment for use
24    during first response services. An individual First
25    Responder shall not be required to maintain his or her own
26    set of such equipment, provided he or she has access to



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1    such equipment during a first response call.
2        (3) Require the First Responder to notify the
3    Department of any EMS System in which he or she
4    participates as dispatched personnel as described in
5    subsection (a).
6        (4) Require the First Responder to comply with the
7    applicable sections of the Program Plans for those Systems.
8        (5) Require the First Responder to keep the Department
9    currently informed as to who employs him or her and who
10    supervises his or her activities as a First Responder.
11        (6) Establish a mechanism for phasing in the First
12    Responder requirements over a 5-year period.
13        (7) Charge each First Responder applicant a fee for
14    testing, initial licensure, and license renewal. A First
15    Responder who exclusively serves as a volunteer for units
16    of local government or a not-for-profit organization that
17    serves a service area with a population base of less than
18    5,000 may submit an application to the Department for a
19    waiver of these fees on a form prescribed by the
20    Department.
21(Source: P.A. 96-1469, eff. 1-1-11.)
22    (210 ILCS 50/3.85)
23    Sec. 3.85. Vehicle Service Providers.
24    (a) "Vehicle Service Provider" means an entity licensed by
25the Department to provide emergency or non-emergency medical



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1services in compliance with this Act, the rules promulgated by
2the Department pursuant to this Act, and an operational plan
3approved by its EMS System(s), utilizing at least ambulances or
4specialized emergency medical service vehicles (SEMSV).
5        (1) "Ambulance" means any publicly or privately owned
6    on-road vehicle that is specifically designed, constructed
7    or modified and equipped, and is intended to be used for,
8    and is maintained or operated for the emergency
9    transportation of persons who are sick, injured, wounded or
10    otherwise incapacitated or helpless, or the non-emergency
11    medical transportation of persons who require the presence
12    of medical personnel to monitor the individual's condition
13    or medical apparatus being used on such individuals.
14        (2) "Specialized Emergency Medical Services Vehicle"
15    or "SEMSV" means a vehicle or conveyance, other than those
16    owned or operated by the federal government, that is
17    primarily intended for use in transporting the sick or
18    injured by means of air, water, or ground transportation,
19    that is not an ambulance as defined in this Act. The term
20    includes watercraft, aircraft and special purpose ground
21    transport vehicles or conveyances not intended for use on
22    public roads.
23        (3) An ambulance or SEMSV may also be designated as a
24    Limited Operation Vehicle or Special-Use Vehicle:
25            (A) "Limited Operation Vehicle" means a vehicle
26        which is licensed by the Department to provide basic,



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1        intermediate or advanced life support emergency or
2        non-emergency medical services that are exclusively
3        limited to specific events or locales.
4            (B) "Special-Use Vehicle" means any publicly or
5        privately owned vehicle that is specifically designed,
6        constructed or modified and equipped, and is intended
7        to be used for, and is maintained or operated solely
8        for the emergency or non-emergency transportation of a
9        specific medical class or category of persons who are
10        sick, injured, wounded or otherwise incapacitated or
11        helpless (e.g. high-risk obstetrical patients,
12        neonatal patients).
13            (C) "Reserve Ambulance" means a vehicle that meets
14        all criteria set forth in this Section and all
15        Department rules, except for the required inventory of
16        medical supplies and durable medical equipment, which
17        may be rapidly transferred from a fully functional
18        ambulance to a reserve ambulance without the use of
19        tools or special mechanical expertise.
20    (b) The Department shall have the authority and
21responsibility to:
22        (1) Require all Vehicle Service Providers, both
23    publicly and privately owned, to function within an EMS
24    System. ;
25        (2) Require a Vehicle Service Provider utilizing
26    ambulances to have a primary affiliation with an EMS System



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1    within the EMS Region in which its Primary Service Area is
2    located, which is the geographic areas in which the
3    provider renders the majority of its emergency responses.
4    This requirement shall not apply to Vehicle Service
5    Providers which exclusively utilize Limited Operation
6    Vehicles. ;
7        (3) Establish licensing standards and requirements for
8    Vehicle Service Providers, through rules adopted pursuant
9    to this Act, including but not limited to:
10            (A) Vehicle design, specification, operation and
11        maintenance standards, including standards for the use
12        of reserve ambulances;
13            (B) Equipment requirements;
14            (C) Staffing requirements; and
15            (D) Annual license renewal.
16        The Department's standards and requirements with
17    respect to vehicle staffing must allow for an alternative
18    rural staffing model for those vehicle service providers
19    that serve a rural or semi-rural population of 10,000 or
20    fewer inhabitants and exclusively uses volunteers,
21    paid-on-call, or a combination thereof. ;
22        (4) License all Vehicle Service Providers that have met
23    the Department's requirements for licensure, unless such
24    Provider is owned or licensed by the federal government.
25    All Provider licenses issued by the Department shall
26    specify the level and type of each vehicle covered by the



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1    license (BLS, ILS, ALS, ambulance, SEMSV, limited
2    operation vehicle, special use vehicle, reserve
3    ambulance). ;
4        (5) Annually inspect all licensed Vehicle Service
5    Providers, and relicense such Providers that have met the
6    Department's requirements for license renewal. ;
7        (6) Suspend, revoke, refuse to issue or refuse to renew
8    the license of any Vehicle Service Provider, or that
9    portion of a license pertaining to a specific vehicle
10    operated by the Provider, after an opportunity for a
11    hearing, when findings show that the Provider or one or
12    more of its vehicles has failed to comply with the
13    standards and requirements of this Act or rules adopted by
14    the Department pursuant to this Act. ;
15        (7) Issue an Emergency Suspension Order for any
16    Provider or vehicle licensed under this Act, when the
17    Director or his designee has determined that an immediate
18    and serious danger to the public health, safety and welfare
19    exists. Suspension or revocation proceedings which offer
20    an opportunity for hearing shall be promptly initiated
21    after the Emergency Suspension Order has been issued. ;
22        (8) Exempt any licensed vehicle from subsequent
23    vehicle design standards or specifications required by the
24    Department, as long as said vehicle is continuously in
25    compliance with the vehicle design standards and
26    specifications originally applicable to that vehicle, or



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1    until said vehicle's title of ownership is transferred. ;
2        (9) Exempt any vehicle (except an SEMSV) which was
3    being used as an ambulance on or before December 15, 1980,
4    from vehicle design standards and specifications required
5    by the Department, until said vehicle's title of ownership
6    is transferred. Such vehicles shall not be exempt from all
7    other licensing standards and requirements prescribed by
8    the Department. ;
9        (10) Prohibit any Vehicle Service Provider from
10    advertising, identifying its vehicles, or disseminating
11    information in a false or misleading manner concerning the
12    Provider's type and level of vehicles, location, primary
13    service area, response times, level of personnel,
14    licensure status or System participation. ;
15        (10.5) Prohibit any Vehicle Service Provider, whether
16    municipal, private, or hospital-owned, from advertising
17    itself as a critical care transport provider unless it
18    participates in a Department-approved EMS System critical
19    care transport plan. ; and
20        (11) Charge each Vehicle Service Provider a fee per
21    transport vehicle, to be submitted with each application
22    for licensure and license renewal. The fee per transport
23    vehicle shall be set by administrative rule by the
24    Department and shall not exceed 100 vehicles per provider.
25(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11.)