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


Rep. Chapin Rose

Filed: 3/2/2012





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2    AMENDMENT NO. ______. Amend House Bill 5880 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Emergency Medical Services (EMS) Systems
5Act is amended by changing Sections 3.50, 3.55, 3.60, and 3.85
6as 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
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 is a member of the Illinois National
11    Guard or , an Illinois State Trooper, or who exclusively
12    serves as a volunteer for units of local government with a
13    population base of less than 5,000 or as a volunteer for a
14    not-for-profit organization that serves a service area
15    with a population base of less than 5,000 may submit an
16    application to the Department for a waiver of these fees on
17    a form prescribed by the Department.
18    The education requirements prescribed by the Department
19under this subsection must allow for the suspension of those
20requirements in the case of a member of the armed services or
21reserve forces of the United States or a member of the Illinois
22National Guard who is on active duty pursuant to an executive
23order of the President of the United States, an act of the
24Congress of the United States, or an order of the Governor at
25the time that the member would otherwise be required to fulfill
26a particular education requirement. Such a person must fulfill



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1the education requirement within 6 months after his or her
2release from active duty.
3    The Department may not implement the U.S. Department of
4Transportation National Emergency Medical Services (EMS)
5Education Standards until expressly authorized to do so by the
6General Assembly.
7    (e) In the event that any rule of the Department or an EMS
8Medical Director that requires testing for drug use as a
9condition for EMT licensure conflicts with or duplicates a
10provision of a collective bargaining agreement that requires
11testing for drug use, that rule shall not apply to any person
12covered by the collective bargaining agreement.
13(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;
1496-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff.
158-23-11; revised 11-18-11.)
16    (210 ILCS 50/3.55)
17    Sec. 3.55. Scope of practice.
18    (a) Any person currently licensed as an EMT-B, EMT-I, or
19EMT-P may perform emergency and non-emergency medical services
20as defined in this Act, in accordance with his or her level of
21education, training and licensure, the standards of
22performance and conduct prescribed by the Department in rules
23adopted pursuant to this Act, and the requirements of the EMS
24System in which he or she practices, as contained in the
25approved Program Plan for that System. An EMT-B, EMT-I, or



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1EMT-P may perform such medical services, in accordance with his
2or her level of education, training, and licensure, regardless
3of the level or type of vehicle (as described in subdivision
4(b)(4) of Section 3.85) in which he or she is practicing as an
6    (a-5) A person currently approved as a First Responder or
7licensed as an EMT-B, EMT-I, or EMT-P who has successfully
8completed a Department approved course in automated
9defibrillator operation and who is functioning within a
10Department approved EMS System may utilize such automated
11defibrillator according to the standards of performance and
12conduct prescribed by the Department in rules adopted pursuant
13to this Act and the requirements of the EMS System in which he
14or she practices, as contained in the approved Program Plan for
15that System.
16    (a-7) A person currently licensed as an EMT-B, EMT-I, or
17EMT-P who has successfully completed a Department approved
18course in the administration of epinephrine, shall be required
19to carry epinephrine with him or her as part of the EMT medical
20supplies whenever he or she is performing the duties of an
21emergency medical technician.
22    (b) A person currently licensed as an EMT-B, EMT-I, or
23EMT-P may only practice as an EMT or utilize his or her EMT
24license in pre-hospital or inter-hospital emergency care
25settings or non-emergency medical transport situations, under
26the written or verbal direction of the EMS Medical Director.



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1For purposes of this Section, a "pre-hospital emergency care
2setting" may include a location, that is not a health care
3facility, which utilizes EMTs to render pre-hospital emergency
4care prior to the arrival of a transport vehicle. The location
5shall include communication equipment and all of the portable
6equipment and drugs appropriate for the EMT's level of care, as
7required by this Act, rules adopted by the Department pursuant
8to this Act, and the protocols of the EMS Systems, and shall
9operate only with the approval and under the direction of the
10EMS Medical Director.
11    This Section shall not prohibit an EMT-B, EMT-I, or EMT-P
12from practicing within an emergency department or other health
13care setting for the purpose of receiving continuing education
14or training approved by the EMS Medical Director. This Section
15shall also not prohibit an EMT-B, EMT-I, or EMT-P from seeking
16credentials other than his or her EMT license and utilizing
17such credentials to work in emergency departments or other
18health care settings under the jurisdiction of that employer.
19    (c) A person currently licensed as an EMT-B, EMT-I, or
20EMT-P may honor Do Not Resuscitate (DNR) orders and powers of
21attorney for health care only in accordance with rules adopted
22by the Department pursuant to this Act and protocols of the EMS
23System in which he or she practices.
24    (d) A student enrolled in a Department approved emergency
25medical technician program, while fulfilling the clinical
26training and in-field supervised experience requirements



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1mandated for licensure or approval by the System and the
2Department, may perform prescribed procedures under the direct
3supervision of a physician licensed to practice medicine in all
4of its branches, a qualified registered professional nurse or a
5qualified EMT, only when authorized by the EMS Medical
7(Source: P.A. 92-376, eff. 8-15-01.)
8    (210 ILCS 50/3.60)
9    Sec. 3.60. First Responder.
10    (a) "First Responder" means a person who is at least 16
11years of age, who has successfully completed a course of
12instruction in emergency first response as prescribed by the
13Department, and who provides first response services prior to
14the arrival of an ambulance or specialized emergency medical
15services vehicle, in accordance with the level of care
16established in the emergency first response course. A First
17Responder who provides such services as part of an EMS System
18response plan which utilizes First Responders as the personnel
19dispatched to the scene of an emergency to provide initial
20emergency medical care shall comply with the applicable
21sections of the Program Plan of that EMS System.
22    Persons who have already completed a course of instruction
23in emergency first response based on or equivalent to the
24national curriculum of the United States Department of
25Transportation, or as otherwise previously recognized by the



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



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1    Responder who exclusively serves as a volunteer for units
2    of local government or a not-for-profit organization that
3    serves a service area with a population base of less than
4    5,000 may submit an application to the Department for a
5    waiver of these fees on a form prescribed by the
6    Department.
7(Source: P.A. 96-1469, eff. 1-1-11.)
8    (210 ILCS 50/3.85)
9    Sec. 3.85. Vehicle Service Providers.
10    (a) "Vehicle Service Provider" means an entity licensed by
11the Department to provide emergency or non-emergency medical
12services in compliance with this Act, the rules promulgated by
13the Department pursuant to this Act, and an operational plan
14approved by its EMS System(s), utilizing at least ambulances or
15specialized emergency medical service vehicles (SEMSV).
16        (1) "Ambulance" means any publicly or privately owned
17    on-road vehicle that is specifically designed, constructed
18    or modified and equipped, and is intended to be used for,
19    and is maintained or operated for the emergency
20    transportation of persons who are sick, injured, wounded or
21    otherwise incapacitated or helpless, or the non-emergency
22    medical transportation of persons who require the presence
23    of medical personnel to monitor the individual's condition
24    or medical apparatus being used on such individuals.
25        (2) "Specialized Emergency Medical Services Vehicle"



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1    or "SEMSV" means a vehicle or conveyance, other than those
2    owned or operated by the federal government, that is
3    primarily intended for use in transporting the sick or
4    injured by means of air, water, or ground transportation,
5    that is not an ambulance as defined in this Act. The term
6    includes watercraft, aircraft and special purpose ground
7    transport vehicles or conveyances not intended for use on
8    public roads.
9        (3) An ambulance or SEMSV may also be designated as a
10    Limited Operation Vehicle or Special-Use Vehicle:
11            (A) "Limited Operation Vehicle" means a vehicle
12        which is licensed by the Department to provide basic,
13        intermediate or advanced life support emergency or
14        non-emergency medical services that are exclusively
15        limited to specific events or locales.
16            (B) "Special-Use Vehicle" means any publicly or
17        privately owned vehicle that is specifically designed,
18        constructed or modified and equipped, and is intended
19        to be used for, and is maintained or operated solely
20        for the emergency or non-emergency transportation of a
21        specific medical class or category of persons who are
22        sick, injured, wounded or otherwise incapacitated or
23        helpless (e.g. high-risk obstetrical patients,
24        neonatal patients).
25            (C) "Reserve Ambulance" means a vehicle that meets
26        all criteria set forth in this Section and all



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1        Department rules, except for the required inventory of
2        medical supplies and durable medical equipment, which
3        may be rapidly transferred from a fully functional
4        ambulance to a reserve ambulance without the use of
5        tools or special mechanical expertise.
6    (b) The Department shall have the authority and
7responsibility to:
8        (1) Require all Vehicle Service Providers, both
9    publicly and privately owned, to function within an EMS
10    System. ;
11        (2) Require a Vehicle Service Provider utilizing
12    ambulances to have a primary affiliation with an EMS System
13    within the EMS Region in which its Primary Service Area is
14    located, which is the geographic areas in which the
15    provider renders the majority of its emergency responses.
16    This requirement shall not apply to Vehicle Service
17    Providers which exclusively utilize Limited Operation
18    Vehicles. ;
19        (3) Establish licensing standards and requirements for
20    Vehicle Service Providers, through rules adopted pursuant
21    to this Act, including but not limited to:
22            (A) Vehicle design, specification, operation and
23        maintenance standards, including standards for the use
24        of reserve ambulances;
25            (B) Equipment requirements;
26            (C) Staffing requirements; and



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1            (D) Annual license renewal.
2        The Department's standards and requirements with
3    respect to vehicle staffing must allow for a person who is
4    not an EMT-B, EMT-I, or EMT-P to serve as the driver of a
5    vehicle covered by a Vehicle Service Provider's license
6    while the vehicle is being used to provide emergency or
7    non-emergency transportation and must provide for the
8    licensure of such a person to serve in that capacity. ;
9        (4) License all Vehicle Service Providers that have met
10    the Department's requirements for licensure, unless such
11    Provider is owned or licensed by the federal government.
12    All Provider licenses issued by the Department shall
13    specify the level and type of each vehicle covered by the
14    license (BLS, ILS, ALS, ambulance, SEMSV, limited
15    operation vehicle, special use vehicle, reserve
16    ambulance). ;
17        (5) Annually inspect all licensed Vehicle Service
18    Providers, and relicense such Providers that have met the
19    Department's requirements for license renewal. ;
20        (6) Suspend, revoke, refuse to issue or refuse to renew
21    the license of any Vehicle Service Provider, or that
22    portion of a license pertaining to a specific vehicle
23    operated by the Provider, after an opportunity for a
24    hearing, when findings show that the Provider or one or
25    more of its vehicles has failed to comply with the
26    standards and requirements of this Act or rules adopted by



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1    the Department pursuant to this Act. ;
2        (7) Issue an Emergency Suspension Order for any
3    Provider or vehicle licensed under this Act, when the
4    Director or his designee has determined that an immediate
5    and serious danger to the public health, safety and welfare
6    exists. Suspension or revocation proceedings which offer
7    an opportunity for hearing shall be promptly initiated
8    after the Emergency Suspension Order has been issued. ;
9        (8) Exempt any licensed vehicle from subsequent
10    vehicle design standards or specifications required by the
11    Department, as long as said vehicle is continuously in
12    compliance with the vehicle design standards and
13    specifications originally applicable to that vehicle, or
14    until said vehicle's title of ownership is transferred. ;
15        (9) Exempt any vehicle (except an SEMSV) which was
16    being used as an ambulance on or before December 15, 1980,
17    from vehicle design standards and specifications required
18    by the Department, until said vehicle's title of ownership
19    is transferred. Such vehicles shall not be exempt from all
20    other licensing standards and requirements prescribed by
21    the Department. ;
22        (10) Prohibit any Vehicle Service Provider from
23    advertising, identifying its vehicles, or disseminating
24    information in a false or misleading manner concerning the
25    Provider's type and level of vehicles, location, primary
26    service area, response times, level of personnel,



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1    licensure status or System participation. ;
2        (10.5) Prohibit any Vehicle Service Provider, whether
3    municipal, private, or hospital-owned, from advertising
4    itself as a critical care transport provider unless it
5    participates in a Department-approved EMS System critical
6    care transport plan. ; and
7        (11) Charge each Vehicle Service Provider a fee per
8    transport vehicle, to be submitted with each application
9    for licensure and license renewal. The fee per transport
10    vehicle shall be set by administrative rule by the
11    Department and shall not exceed 100 vehicles per provider.
12(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11.)".