Full Text of HB3186 98th General Assembly
HB3186 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3186 Introduced , by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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Amends the Emergency Medical Services (EMS) Systems Act. Provides that in prescribing EMT licensure testing requirements for honorably discharged members of the armed forces of the United States, the Department of Public Health shall ensure that a candidate's military emergency medical training, emergency medical curriculum completed, and clinical experience are recognized. Provides that if an EMT-B, EMT-I, or EMT-P has been actively involved in serving as an EMT in a rural area on a volunteer or paid-on-call basis, or a combination of volunteer and paid-on-call, during the period since he or she was licensed or last relicensed (whichever occurred later), the Department of Public Health shall deem that service as satisfying 50% of the number of hours of continuing education otherwise required for relicensure.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Emergency Medical Services (EMS) Systems Act | 5 | | is amended by changing Section 3.50 as follows:
| 6 | | (210 ILCS 50/3.50)
| 7 | | Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
| 8 | | (a) "Emergency Medical Technician-Basic" or
"EMT-B" means | 9 | | a person who has successfully completed a course of
instruction | 10 | | in basic life support
as prescribed by the
Department, is | 11 | | currently licensed by the Department in
accordance with | 12 | | standards prescribed by this Act and rules
adopted by the | 13 | | Department pursuant to this Act, and practices within an EMS
| 14 | | System.
| 15 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | 16 | | means a person who has successfully completed a
course of | 17 | | instruction in intermediate life support
as
prescribed by the | 18 | | Department, is currently licensed by the
Department in | 19 | | accordance with standards prescribed by this
Act and rules | 20 | | adopted by the Department pursuant to this
Act, and practices | 21 | | within an Intermediate or Advanced
Life Support EMS System.
| 22 | | (c) "Emergency Medical Technician-Paramedic" or "EMT-P" | 23 | | means a person who
has successfully completed a
course of |
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| 1 | | instruction in advanced life support care
as
prescribed by the | 2 | | Department, is licensed by the Department
in accordance with | 3 | | standards prescribed by this Act and
rules adopted by the | 4 | | Department pursuant to this Act, and
practices within an | 5 | | Advanced Life Support EMS System.
| 6 | | (d) The Department shall have the authority and
| 7 | | responsibility to:
| 8 | | (1) Prescribe education and training requirements, | 9 | | which
includes training in the use of epinephrine,
for all | 10 | | levels of EMT, based on the respective national
curricula | 11 | | of the United States Department of Transportation
and any | 12 | | modifications to such curricula specified by the
| 13 | | Department through rules adopted pursuant to this Act.
| 14 | | (2) Prescribe licensure testing requirements
for all | 15 | | levels of EMT, which shall include a requirement that
all | 16 | | phases of instruction, training, and field experience be
| 17 | | completed before taking the EMT licensure examination.
| 18 | | Candidates may elect to take the National Registry of
| 19 | | Emergency Medical Technicians examination in lieu of the
| 20 | | Department's examination, but are responsible for making
| 21 | | their own arrangements for taking the National Registry
| 22 | | examination. In prescribing licensure testing requirements | 23 | | for honorably discharged members of the armed forces of the | 24 | | United States under this paragraph (2), the Department | 25 | | shall ensure that a candidate's military emergency medical | 26 | | training, emergency medical curriculum completed, and |
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| 1 | | clinical experience, as described in paragraph (2.5), are | 2 | | recognized.
| 3 | | (2.5) Review applications for EMT licensure from
| 4 | | honorably discharged members of the armed forces of the | 5 | | United States with military emergency medical training. | 6 | | Applications shall be filed with the Department within one | 7 | | year after military discharge and shall contain: (i) proof | 8 | | of successful completion of military emergency medical | 9 | | training; (ii) a detailed description of the emergency | 10 | | medical curriculum completed; and (iii) a detailed | 11 | | description of the applicant's clinical experience. The | 12 | | Department may request additional and clarifying | 13 | | information. The Department shall evaluate the | 14 | | application, including the applicant's training and | 15 | | experience, consistent with the standards set forth under | 16 | | subsections (a), (b), (c), and (d) of Section 3.10. If the | 17 | | application clearly demonstrates that the training and | 18 | | experience meets such standards, the Department shall | 19 | | offer the applicant the opportunity to successfully | 20 | | complete a Department-approved
EMT examination for which | 21 | | the applicant is qualified. Upon passage of an examination, | 22 | | the Department shall issue a license, which shall be | 23 | | subject to all provisions of this Act that are otherwise | 24 | | applicable to the class of EMT
license issued.
| 25 | | (3) License individuals as an EMT-B, EMT-I,
or EMT-P | 26 | | who have met the Department's education, training and
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| 1 | | examination requirements.
| 2 | | (4) Prescribe annual continuing education and
| 3 | | relicensure requirements for all levels of EMT. If an | 4 | | EMT-B, EMT-I, or EMT-P has been actively involved in | 5 | | serving as an EMT in a rural area on a volunteer or | 6 | | paid-on-call basis, or a combination of volunteer and | 7 | | paid-on-call, during the period since he or she was | 8 | | licensed or last relicensed (whichever occurred later), | 9 | | the Department shall deem that service as satisfying 50% of | 10 | | the number of hours of continuing education otherwise | 11 | | required for relicensure. The Department shall adopt rules | 12 | | defining "actively involved" and "rural area".
| 13 | | (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P | 14 | | every 4 years, based on their compliance with
continuing | 15 | | education and relicensure requirements. An Illinois | 16 | | licensed Emergency Medical Technician whose license has | 17 | | been expired for less than 36 months may apply for | 18 | | reinstatement by the Department. Reinstatement shall | 19 | | require that the applicant (i) submit satisfactory proof of | 20 | | completion of continuing medical education and clinical | 21 | | requirements to be prescribed by the Department in an | 22 | | administrative rule; (ii) submit a positive recommendation | 23 | | from an Illinois EMS Medical Director attesting to the | 24 | | applicant's qualifications for retesting; and (iii) pass a | 25 | | Department approved test for the level of EMT license | 26 | | sought to be reinstated.
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| 1 | | (6) Grant inactive status to any EMT who
qualifies, | 2 | | based on standards and procedures established by
the | 3 | | Department in rules adopted pursuant to this Act.
| 4 | | (7) Charge a fee for EMT examination, licensure, and | 5 | | license renewal.
| 6 | | (8) Suspend, revoke, or refuse to issue or renew the
| 7 | | license of any licensee, after an opportunity for an | 8 | | impartial hearing before a neutral administrative law | 9 | | judge appointed by the Director, where the preponderance of | 10 | | the evidence shows one or more of the following:
| 11 | | (A) The licensee has not met continuing
education | 12 | | or relicensure requirements as prescribed by the | 13 | | Department;
| 14 | | (B) The licensee has failed to maintain
| 15 | | proficiency in the level of skills for which he or she | 16 | | is licensed;
| 17 | | (C) The licensee, during the provision of
medical | 18 | | services, engaged in dishonorable, unethical, or
| 19 | | unprofessional conduct of a character likely to | 20 | | deceive,
defraud, or harm the public;
| 21 | | (D) The licensee has failed to maintain or
has | 22 | | violated standards of performance and conduct as | 23 | | prescribed
by the Department in rules adopted pursuant | 24 | | to this Act or
his or her EMS System's Program Plan;
| 25 | | (E) The licensee is physically impaired to
the | 26 | | extent that he or she cannot physically perform the |
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| 1 | | skills and
functions for which he or she is licensed, | 2 | | as verified by a
physician, unless the person is on | 3 | | inactive status pursuant
to Department regulations;
| 4 | | (F) The licensee is mentally impaired to the
extent | 5 | | that he or she cannot exercise the appropriate | 6 | | judgment,
skill and safety for performing the | 7 | | functions for which he
or she is licensed, as verified | 8 | | by a physician, unless the person
is on inactive status | 9 | | pursuant to Department regulations;
| 10 | | (G) The licensee has violated this Act or any
rule | 11 | | adopted by the Department pursuant to this Act; or | 12 | | (H) The licensee has been convicted (or entered a | 13 | | plea of guilty or nolo-contendere) by a court of | 14 | | competent jurisdiction of a Class X, Class 1, or Class | 15 | | 2 felony in this State or an out-of-state equivalent | 16 | | offense. | 17 | | (9) An EMT who is a member of the Illinois National Guard | 18 | | or an Illinois State Trooper or who exclusively serves as a | 19 | | volunteer for units of local government with a population base | 20 | | of less than 5,000 or as a volunteer
for a not-for-profit | 21 | | organization that serves a service area
with a population base | 22 | | of less than 5,000 may submit an application to the Department | 23 | | for a waiver of the these fees described under paragraph (7) on | 24 | | a form prescribed by the Department. | 25 | | The education requirements prescribed by the Department | 26 | | under this subsection must allow for the suspension of those |
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| 1 | | requirements in the case of a member of the armed services or | 2 | | reserve forces of the United States or a member of the Illinois | 3 | | National Guard who is on active duty pursuant to an executive | 4 | | order of the President of the United States, an act of the | 5 | | Congress of the United States, or an order of the Governor at | 6 | | the time that the member would otherwise be required to fulfill | 7 | | a particular education requirement. Such a person must fulfill | 8 | | the education requirement within 6 months after his or her | 9 | | release from active duty.
| 10 | | (e) In the event that any rule of the
Department or an EMS | 11 | | Medical Director that requires testing for drug
use as a | 12 | | condition for EMT licensure conflicts with or
duplicates a | 13 | | provision of a collective bargaining agreement
that requires | 14 | | testing for drug use, that rule shall not
apply to any person | 15 | | covered by the collective bargaining
agreement.
| 16 | | (Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10; | 17 | | 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff. | 18 | | 8-23-11; 97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; revised | 19 | | 10-17-12.)
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