Full Text of SB0650 98th General Assembly
SB0650eng 98TH GENERAL ASSEMBLY |
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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 State Finance Act is amended by adding | 5 | | Section 5.855 as follows: | 6 | | (30 ILCS 105/5.855 new) | 7 | | Sec. 5.855. The Medical Assisted Transport Licensure Fund. | 8 | | Section 10. The Emergency Medical Services (EMS) Systems | 9 | | Act is amended by changing Sections 3.10 and 3.220 and by | 10 | | adding Section 3.88 as follows:
| 11 | | (210 ILCS 50/3.10)
| 12 | | Sec. 3.10. Scope of Services.
| 13 | | (a) "Advanced Life Support (ALS) Services" means
an | 14 | | advanced level of pre-hospital and inter-hospital emergency
| 15 | | care and non-emergency medical services that includes basic | 16 | | life
support care, cardiac monitoring, cardiac defibrillation,
| 17 | | electrocardiography, intravenous therapy, administration of
| 18 | | medications, drugs and solutions, use of adjunctive medical
| 19 | | devices, trauma care, and other authorized techniques and
| 20 | | procedures, as outlined in the Advanced Life Support
national | 21 | | curriculum of the United States Department of
Transportation |
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| 1 | | and any modifications to that curriculum
specified in rules | 2 | | adopted by the Department pursuant to
this Act.
| 3 | | That care shall be initiated as authorized by the EMS
| 4 | | Medical Director in a Department approved advanced life
support | 5 | | EMS System, under the written or verbal direction of
a | 6 | | physician licensed to practice medicine in all of its
branches | 7 | | or under the verbal direction of an Emergency
Communications | 8 | | Registered Nurse.
| 9 | | (b) "Intermediate Life Support (ILS) Services"
means an | 10 | | intermediate level of pre-hospital and inter-hospital
| 11 | | emergency care and non-emergency medical services that | 12 | | includes
basic life support care plus intravenous cannulation | 13 | | and
fluid therapy, invasive airway management, trauma care, and
| 14 | | other authorized techniques and procedures, as outlined in
the | 15 | | Intermediate Life Support national curriculum of the
United | 16 | | States Department of Transportation and any
modifications to | 17 | | that curriculum specified in rules adopted
by the Department | 18 | | pursuant to this Act.
| 19 | | That care shall be initiated as authorized by the EMS
| 20 | | Medical Director in a Department approved intermediate or
| 21 | | advanced life support EMS System, under the written or
verbal | 22 | | direction of a physician licensed to practice
medicine in all | 23 | | of its branches or under the verbal
direction of an Emergency | 24 | | Communications Registered Nurse.
| 25 | | (c) "Basic Life Support (BLS) Services" means a
basic level | 26 | | of pre-hospital and inter-hospital emergency care and
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| 1 | | non-emergency medical services that includes airway | 2 | | management, clinical observation,
cardiopulmonary | 3 | | resuscitation (CPR), control of shock and
bleeding and | 4 | | splinting of fractures, as outlined in the Basic Life Support
| 5 | | national curriculum of the United States
Department of | 6 | | Transportation and any modifications to that
curriculum | 7 | | specified in rules adopted by the Department
pursuant to this | 8 | | Act.
| 9 | | That care shall be initiated, where authorized by the
EMS | 10 | | Medical Director in a Department approved EMS System,
under the | 11 | | written or verbal direction of a physician
licensed to practice | 12 | | medicine in all of its branches or
under the verbal direction | 13 | | of an Emergency Communications
Registered Nurse.
| 14 | | (d) "First Response Services" means a preliminary
level of | 15 | | pre-hospital emergency care that includes
cardiopulmonary | 16 | | resuscitation (CPR), monitoring vital signs
and control of | 17 | | bleeding, as outlined in the First Responder
curriculum of the | 18 | | United States Department of Transportation
and any | 19 | | modifications to that curriculum specified in rules
adopted by | 20 | | the Department pursuant to this Act.
| 21 | | (e) "Pre-hospital care" means those emergency
medical | 22 | | services rendered to emergency patients for analytic,
| 23 | | resuscitative, stabilizing, or preventive purposes,
precedent | 24 | | to and during transportation of such patients to
hospitals.
| 25 | | (f) "Inter-hospital care" means those emergency
medical | 26 | | services rendered to emergency patients for
analytic, |
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| 1 | | resuscitative, stabilizing, or preventive
purposes, during | 2 | | transportation of such patients from one
hospital to another | 3 | | hospital.
| 4 | | (f-5) "Critical care transport" means the pre-hospital or | 5 | | inter-hospital transportation of a critically injured or ill | 6 | | patient by a vehicle service provider, including the provision | 7 | | of medically necessary supplies and services, at a level of | 8 | | service beyond the scope of the EMT-paramedic. When medically | 9 | | indicated for a patient, as determined by a physician licensed | 10 | | to practice medicine in all of its branches, an advanced | 11 | | practice nurse, or a physician's assistant, in compliance with | 12 | | subsections (b) and (c) of Section 3.155 of this Act, critical | 13 | | care transport may be provided by: | 14 | | (1) Department-approved critical care transport | 15 | | providers, not owned or operated by a hospital, utilizing | 16 | | EMT-paramedics with additional training, nurses, or other | 17 | | qualified health professionals; or | 18 | | (2) Hospitals, when utilizing any vehicle service | 19 | | provider or any hospital-owned or operated vehicle service | 20 | | provider. Nothing in this amendatory Act of the 96th | 21 | | General Assembly requires a hospital to use, or to be, a | 22 | | Department-approved critical care transport provider when | 23 | | transporting patients, including those critically injured | 24 | | or ill. Nothing in this Act shall restrict or prohibit a | 25 | | hospital from providing, or arranging for, the medically | 26 | | appropriate transport of any patient, as determined by a |
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| 1 | | physician licensed to practice in all of its branches, an | 2 | | advanced practice nurse, or a physician's assistant. | 3 | | (g) "Non-emergency medical services" means medical care or | 4 | | monitoring rendered to
patients whose conditions do not meet | 5 | | this Act's definition of emergency, before or
during | 6 | | transportation of such patients to or from health care | 7 | | facilities visited for the
purpose of obtaining medical or | 8 | | health care services which are not emergency in
nature, using a | 9 | | vehicle regulated by this Act.
| 10 | | (g-1) "Clinical observation" means the ongoing observation | 11 | | of a patient's condition by a licensed physician, nurse, or | 12 | | emergency medical technician using a medical skill set while | 13 | | the licensed physician, nurse, or emergency medical technician | 14 | | continues assessment and care of the patient. | 15 | | (g-5) The Department shall have the authority to promulgate | 16 | | minimum standards for critical care transport providers | 17 | | through rules adopted pursuant to this Act. All critical care | 18 | | transport providers must function within a Department-approved | 19 | | EMS System. Nothing in Department rules shall restrict a | 20 | | hospital's ability to furnish personnel, equipment, and | 21 | | medical supplies to any vehicle service provider, including a | 22 | | critical care transport provider. Minimum critical care | 23 | | transport provider standards shall include, but are not limited | 24 | | to: | 25 | | (1) Personnel staffing and licensure. | 26 | | (2) Education, certification, and experience. |
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| 1 | | (3) Medical equipment and supplies. | 2 | | (4) Vehicular standards. | 3 | | (5) Treatment and transport protocols. | 4 | | (6) Quality assurance and data collection. | 5 | | (h)
The provisions of this Act shall not apply to
the use | 6 | | of an ambulance or SEMSV, unless and until
emergency or | 7 | | non-emergency medical services are needed
during the use of the | 8 | | ambulance or SEMSV.
| 9 | | (Source: P.A. 96-1469, eff. 1-1-11.)
| 10 | | (210 ILCS 50/3.88 new) | 11 | | Sec. 3.88. Medical assisted transport providers. | 12 | | (a) In this Section, "medical assisted transport provider" | 13 | | means an entity licensed by the Department to provide | 14 | | non-emergency bedside-to-bedside transportation of passengers | 15 | | in compliance with this Act or the rules adopted by the | 16 | | Department pursuant to this Act, using a medical assisted | 17 | | transport vehicle. | 18 | | In this Section, "medical assisted transport vehicle" | 19 | | means any publicly or privately owned on-road vehicle that is | 20 | | equipped for, intended to be used for, and operated for | 21 | | non-emergency bedside-to-bedside transportation. | 22 | | (b) The Department has the authority and the responsibility | 23 | | to do the following: | 24 | | (1) Require that all medical assisted transport | 25 | | providers, both publicly and privately owned, be licensed |
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| 1 | | by the Department. | 2 | | (2) Establish licensing, safety, and training | 3 | | standards and requirements for medical assisted transport | 4 | | providers through rules adopted pursuant to this Act, | 5 | | including, but not limited to, the following: | 6 | | (A) Vehicle design, specification, operation, and | 7 | | maintenance standards. | 8 | | (B) Safety equipment requirements and standards. | 9 | | (C) Medical supply and equipment requirements and | 10 | | standards, including, but not limited to, the | 11 | | requirement to have the following medical supply and | 12 | | equipment items on each medical assisted transport | 13 | | vehicle: | 14 | | (i) a first aid kit; and | 15 | | (ii) an automated external defibrillator | 16 | | (AED), as described in Section 10 of the Automated | 17 | | External Defibrillator Act. | 18 | | (D) Training requirements, including, but not | 19 | | limited to, the requirement that all staff members | 20 | | providing medical assisted transport services under | 21 | | this Section receive the following training: | 22 | | (i) safety training as specified in subsection | 23 | | (e) of Section 5-4.2 of the Illinois Public Aid | 24 | | Code; | 25 | | (ii) defensive driving training equivalent to | 26 | | the National Safety Council's Coaching the Van |
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| 1 | | Driver 3 course; | 2 | | (iii) basic first aid training equivalent to | 3 | | the American Red Cross's First Aid course; and | 4 | | (iv) cardiopulmonary resuscitation (CPR) | 5 | | training, including training in the proper use of | 6 | | an automated external defibrillator (AED), | 7 | | equivalent to the American Red Cross's CPR/AED for | 8 | | Professional Rescuers and Health Care Providers | 9 | | course. | 10 | | (E) Annual license renewal. | 11 | | (3) License all medical assisted transport providers | 12 | | that have met the Department's requirements for licensure. | 13 | | (4) Annually inspect all licensed medical assisted | 14 | | transport providers and relicense providers that have met | 15 | | the Department's requirements for license renewal. | 16 | | (5) Suspend, revoke, refuse to issue, or refuse to | 17 | | renew the license of any medical assisted transport | 18 | | provider, or that portion of a license pertaining to a | 19 | | specific vehicle operated by a provider, after an | 20 | | opportunity for a hearing when findings show that the | 21 | | provider or one or more of its vehicles has failed to | 22 | | comply with the rules adopted by the Department pursuant to | 23 | | this Act. | 24 | | (6) Issue an emergency suspension order for any medical | 25 | | assisted transport provider or vehicle licensed under this | 26 | | Act when the Director or his or her designee has determined |
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| 1 | | that an immediate or serious danger to the public health, | 2 | | safety, and welfare exists. Suspension or revocation | 3 | | proceedings that offer an opportunity for a hearing shall | 4 | | be promptly initiated after the emergency suspension order | 5 | | has been issued. | 6 | | (7) Prohibit any medical assisted transport provider | 7 | | from advertising, identifying its vehicles, or | 8 | | disseminating information in a false or misleading manner | 9 | | concerning the provider's type and level of vehicles, | 10 | | location, response times, level of personnel, licensure | 11 | | status, or EMS System participation. | 12 | | (8) Charge each medical assisted transport provider a | 13 | | fee that shall not exceed $25 per vehicle nor $500 per | 14 | | provider. The fee shall be submitted with each application | 15 | | for licensure and license renewal. | 16 | | (c) A medical assisted transport provider may provide | 17 | | transport of a passenger who is ambulatory or is in a | 18 | | wheelchair, provided that all of the following requirements are | 19 | | met: | 20 | | (1) The passenger needs no medical monitoring or | 21 | | clinical observation. | 22 | | (2) The passenger is transported as follows: (A) if the | 23 | | passenger resides in a facility licensed under the Nursing | 24 | | Home Care Act, he or she is transported from the inside of | 25 | | his or her room to a room at a physician's office or to a | 26 | | ward, unit, or room of a hospital licensed under the |
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| 1 | | Hospital Licensing Act or operated under the University of | 2 | | Illinois Hospital Act or (B) from a room at a physician's | 3 | | office or ward, unit, or room of a hospital licensed under | 4 | | the Hospital Licensing Act or operated under the University | 5 | | of Illinois Hospital Act to the inside of his or her | 6 | | residence or, if the passenger resides in a facility | 7 | | licensed under the Nursing Home Care Act, to the inside of | 8 | | his or her room. | 9 | | (d) A medical assisted transport provider may not transport | 10 | | a passenger who meets any of the following conditions: | 11 | | (1) He or she is acutely ill, wounded, or medically | 12 | | unstable as determined by a licensed physician. | 13 | | (2) He or she is experiencing an emergency medical | 14 | | condition, an acute medical condition, or a sudden illness | 15 | | or injury. | 16 | | (3) He or she was administered a medication that might | 17 | | prevent the passenger from caring for himself or herself. | 18 | | (4) He or she requires active medical monitoring, | 19 | | clinical observation, isolation precautions, supplemental | 20 | | oxygen that is not self-administered, continuous airway | 21 | | management, suctioning during transport, or the | 22 | | administration of intravenous fluids during transport. | 23 | | (e) The Medical Assisted Transport Licensure Fund is | 24 | | created as a special fund in the State treasury. All fees | 25 | | received by the Department in connection with the licensure of | 26 | | medical assisted transport providers under this Section shall |
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| 1 | | be deposited into the Fund. Moneys in the Fund shall be used by | 2 | | the Department, subject to appropriation, to implement this | 3 | | Section.
| 4 | | (210 ILCS 50/3.220)
| 5 | | Sec. 3.220. EMS Assistance Fund.
| 6 | | (a) There is hereby created an "EMS Assistance
Fund" within | 7 | | the State treasury, for the purpose of receiving
fines and fees | 8 | | collected by the Illinois Department of
Health pursuant to this | 9 | | Act.
| 10 | | (b) (Blank).
| 11 | | (b-5) All licensing, testing, and certification fees | 12 | | authorized by this Act, excluding ambulance licensure fees, | 13 | | within this fund shall be used by the Department for | 14 | | administration, oversight, and enforcement of activities | 15 | | authorized under this Act. | 16 | | (c) All other moneys within this fund shall be
distributed | 17 | | by the Department to the EMS Regions for
disbursement in | 18 | | accordance with protocols established in the
EMS Region Plans, | 19 | | for the purposes of organization,
development and improvement | 20 | | of Emergency Medical Services
Systems, including but not | 21 | | limited to training of personnel
and acquisition, modification | 22 | | and maintenance of necessary
supplies, equipment and vehicles.
| 23 | | (d) All fees and fines collected pursuant to this
Act shall | 24 | | be deposited into the EMS Assistance Fund, except that all fees | 25 | | collected under Section 3.86 in connection with the licensure |
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| 1 | | of stretcher van providers shall be deposited into the | 2 | | Stretcher Van Licensure Fund and all fees collected under | 3 | | Section 3.88 in connection with the licensure of medical | 4 | | assisted transport providers shall be deposited into the | 5 | | Medical Assisted Transport Licensure Fund .
| 6 | | (Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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