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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Emergency Medical Services (EMS) Systems Act | ||||||||||||||||||||||||
5 | is amended by changing Section 3.85 as follows:
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6 | (210 ILCS 50/3.85)
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7 | Sec. 3.85. Vehicle Service Providers.
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8 | (a) "Vehicle Service Provider" means an entity
licensed by | ||||||||||||||||||||||||
9 | the Department to provide emergency or
non-emergency medical | ||||||||||||||||||||||||
10 | services in compliance with this Act,
the rules promulgated by | ||||||||||||||||||||||||
11 | the Department pursuant to this
Act, and an operational plan | ||||||||||||||||||||||||
12 | approved by its EMS System(s),
utilizing at least ambulances or | ||||||||||||||||||||||||
13 | specialized emergency
medical service vehicles (SEMSV).
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14 | (1) "Ambulance" means any publicly or
privately owned | ||||||||||||||||||||||||
15 | on-road vehicle that is specifically designed,
constructed | ||||||||||||||||||||||||
16 | or modified and equipped, and is intended to be
used for, | ||||||||||||||||||||||||
17 | and is maintained or operated for the emergency
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18 | transportation of persons who are sick, injured, wounded or
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19 | otherwise incapacitated or helpless, or the non-emergency
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20 | medical transportation of persons who require the presence
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21 | of medical personnel to monitor the individual's condition
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22 | or medical apparatus being used on such individuals. | ||||||||||||||||||||||||
23 | "Ambulance" includes any public or privately owned on-road |
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1 | vehicle that has the capability to carry water for the | ||||||
2 | purposes of operation as a fire truck, but is otherwise | ||||||
3 | primarily designed, constructed, or modified and equipped | ||||||
4 | for the emergency transportation of persons who are sick, | ||||||
5 | injured, wounded, or otherwise incapacitated or helpless | ||||||
6 | or for the non-emergency medical transportation of persons | ||||||
7 | who require the presence of medical personnel to monitor | ||||||
8 | the individual's condition or medical apparatus being used | ||||||
9 | on such individuals.
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10 | (2) "Specialized Emergency Medical Services
Vehicle" | ||||||
11 | or "SEMSV" means a vehicle or conveyance, other
than those | ||||||
12 | owned or operated by the federal government, that
is | ||||||
13 | primarily intended for use in transporting the sick or
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14 | injured by means of air, water, or ground transportation,
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15 | that is not an ambulance as defined in this Act. The term
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16 | includes watercraft, aircraft and special purpose ground
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17 | transport vehicles or conveyances not intended for use on
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18 | public roads.
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19 | (3) An ambulance or SEMSV may also be
designated as a | ||||||
20 | Limited Operation Vehicle or Special-Use Vehicle:
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21 | (A) "Limited Operation Vehicle" means a
vehicle | ||||||
22 | which is licensed by the Department to provide
basic, | ||||||
23 | intermediate or advanced life support emergency or
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24 | non-emergency medical services that are exclusively | ||||||
25 | limited
to specific events or locales.
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26 | (B) "Special-Use Vehicle" means any
publicly or |
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1 | privately owned vehicle that is specifically designed,
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2 | constructed or modified and equipped, and is intended | ||||||
3 | to be
used for, and is maintained or operated solely | ||||||
4 | for the
emergency or non-emergency transportation of a | ||||||
5 | specific
medical class or category of persons who are | ||||||
6 | sick, injured,
wounded or otherwise incapacitated or | ||||||
7 | helpless (e.g.
high-risk obstetrical patients, | ||||||
8 | neonatal patients).
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9 | (C) "Reserve Ambulance" means a vehicle that meets | ||||||
10 | all criteria set forth in this Section and all | ||||||
11 | Department rules, except for the required inventory of | ||||||
12 | medical supplies and durable medical equipment, which | ||||||
13 | may be rapidly transferred from a fully functional | ||||||
14 | ambulance to a reserve ambulance without the use of | ||||||
15 | tools or special mechanical expertise. | ||||||
16 | (b) The Department shall have the authority and
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17 | responsibility to:
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18 | (1) Require all Vehicle Service Providers, both
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19 | publicly and privately owned, to function within an EMS
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20 | System.
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21 | (2) Require a Vehicle Service Provider
utilizing | ||||||
22 | ambulances to have a primary affiliation with an EMS System
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23 | within the EMS Region in which its Primary Service Area is
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24 | located, which is the geographic areas in which the | ||||||
25 | provider
renders the majority of its emergency responses. | ||||||
26 | This
requirement shall not apply to Vehicle Service |
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1 | Providers
which exclusively utilize Limited Operation | ||||||
2 | Vehicles.
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3 | (3) Establish licensing standards and
requirements for | ||||||
4 | Vehicle Service Providers, through rules
adopted pursuant | ||||||
5 | to this Act, including but not limited to:
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6 | (A) Vehicle design, specification,
operation and | ||||||
7 | maintenance standards, including standards for the use | ||||||
8 | of reserve ambulances;
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9 | (B) Equipment requirements;
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10 | (C) Staffing requirements; and
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11 | (D) License renewal at intervals determined by the | ||||||
12 | Department, which shall be not less than every 4 years. | ||||||
13 | The Department's standards and requirements with | ||||||
14 | respect to vehicle staffing must allow for an alternative | ||||||
15 | rural staffing model for those vehicle service providers | ||||||
16 | that serve a rural or semi-rural population of 10,000 or | ||||||
17 | fewer inhabitants and exclusively uses volunteers, | ||||||
18 | paid-on-call, or a combination thereof.
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19 | (4) License all Vehicle Service Providers
that have met | ||||||
20 | the Department's requirements for licensure, unless
such | ||||||
21 | Provider is owned or licensed by the federal
government. | ||||||
22 | All Provider licenses issued by the Department
shall | ||||||
23 | specify the level and type of each vehicle covered by
the | ||||||
24 | license (BLS, ILS, ALS, ambulance, SEMSV, limited
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25 | operation vehicle, special use vehicle, reserve | ||||||
26 | ambulance).
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1 | (5) Annually inspect all licensed vehicles operated by | ||||||
2 | Vehicle
Service Providers.
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3 | (6) Suspend, revoke, refuse to issue or refuse to
renew | ||||||
4 | the license of any Vehicle Service Provider, or that
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5 | portion of a license pertaining to a specific vehicle
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6 | operated by the Provider, after an opportunity for a
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7 | hearing, when findings show that the Provider or one or | ||||||
8 | more
of its vehicles has failed to comply with the | ||||||
9 | standards and
requirements of this Act or rules adopted by | ||||||
10 | the Department
pursuant to this Act.
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11 | (7) Issue an Emergency Suspension Order for
any | ||||||
12 | Provider or vehicle licensed under this Act, when the
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13 | Director or his designee has determined that an immediate
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14 | and serious danger to the public health, safety and welfare
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15 | exists. Suspension or revocation proceedings which offer | ||||||
16 | an
opportunity for hearing shall be promptly initiated | ||||||
17 | after
the Emergency Suspension Order has been issued.
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18 | (8) Exempt any licensed vehicle from
subsequent | ||||||
19 | vehicle design standards or specifications required by the
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20 | Department, as long as said vehicle is continuously in
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21 | compliance with the vehicle design standards and
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22 | specifications originally applicable to that vehicle, or
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23 | until said vehicle's title of ownership is transferred.
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24 | (9) Exempt any vehicle (except an SEMSV)
which was | ||||||
25 | being used as an ambulance on or before December 15,
1980, | ||||||
26 | from vehicle design standards and specifications
required |
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1 | by the Department, until said vehicle's title of
ownership | ||||||
2 | is transferred. Such vehicles shall not be exempt
from all | ||||||
3 | other licensing standards and requirements
prescribed by | ||||||
4 | the Department.
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5 | (10) Prohibit any Vehicle Service Provider
from | ||||||
6 | advertising, identifying its vehicles, or disseminating
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7 | information in a false or misleading manner concerning the
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8 | Provider's type and level of vehicles, location, primary
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9 | service area, response times, level of personnel, | ||||||
10 | licensure
status or System participation.
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11 | (10.5) Prohibit any Vehicle Service Provider, whether | ||||||
12 | municipal, private, or hospital-owned, from advertising | ||||||
13 | itself as a critical care transport provider unless it | ||||||
14 | participates in a Department-approved EMS System critical | ||||||
15 | care transport plan.
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16 | (11) Charge each Vehicle Service Provider a
fee per | ||||||
17 | transport vehicle, due annually at time of inspection. The | ||||||
18 | fee per transport vehicle shall be set by administrative | ||||||
19 | rule by the Department and shall not exceed 100 vehicles | ||||||
20 | per provider.
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21 | (Source: P.A. 97-333, eff. 8-12-11; 97-1014, eff. 1-1-13; | ||||||
22 | 98-452, eff. 1-1-14.)
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