Full Text of SB3516 98th General Assembly
SB3516 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3516 Introduced 2/14/2014, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
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Amends the Emergency Medical Services (EMS) Systems Act. Provides that an EMS System's protocols for the bypassing of or diversion to a hospital, trauma center, or regional trauma center must allow for the transport of a patient to another healthcare facility if that facility can provide appropriate medical treatment for that person.
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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 3.20 as follows:
| 6 | | (210 ILCS 50/3.20)
| 7 | | Sec. 3.20. Emergency Medical Services (EMS) Systems. | 8 | | (a) "Emergency Medical Services (EMS) System" means an
| 9 | | organization of hospitals, vehicle service providers and
| 10 | | personnel approved by the Department in a specific
geographic | 11 | | area, which coordinates and provides pre-hospital
and | 12 | | inter-hospital emergency care and non-emergency medical
| 13 | | transports at a BLS, ILS and/or ALS level pursuant to a
System | 14 | | program plan submitted to and approved by the
Department, and | 15 | | pursuant to the EMS Region Plan adopted for
the EMS Region in | 16 | | which the System is located. | 17 | | (b) One hospital in each System program plan must be
| 18 | | designated as the Resource Hospital. All other hospitals
which | 19 | | are located within the geographic boundaries of a
System and | 20 | | which have standby, basic or comprehensive level
emergency | 21 | | departments must function in that EMS System as
either an | 22 | | Associate Hospital or Participating Hospital and
follow all | 23 | | System policies specified in the System Program
Plan, including |
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| 1 | | but not limited to the replacement of drugs
and equipment used | 2 | | by providers who have delivered patients
to their emergency | 3 | | departments. All hospitals and vehicle
service providers | 4 | | participating in an EMS System must
specify their level of | 5 | | participation in the System Program
Plan. | 6 | | (c) The Department shall have the authority and
| 7 | | responsibility to: | 8 | | (1) Approve BLS, ILS and ALS level EMS Systems which
| 9 | | meet minimum standards and criteria established in rules
| 10 | | adopted by the Department pursuant to this Act, including
| 11 | | the submission of a Program Plan for Department approval.
| 12 | | Beginning September 1, 1997, the Department shall approve
| 13 | | the development of a new EMS System only when a local or
| 14 | | regional need for establishing such System has been
| 15 | | verified by the Department. This shall not be construed as | 16 | | a needs assessment for health
planning or
other purposes | 17 | | outside of this Act.
Following Department approval, EMS | 18 | | Systems must
be fully operational within one year from the | 19 | | date of
approval. | 20 | | (2) Monitor EMS Systems, based on minimum standards for
| 21 | | continuing operation as prescribed in rules adopted by the
| 22 | | Department pursuant to this Act, which shall include
| 23 | | requirements for submitting Program Plan amendments to the
| 24 | | Department for approval. | 25 | | (3) Renew EMS System approvals every 4 years, after
an | 26 | | inspection, based on compliance with the standards for
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| 1 | | continuing operation prescribed in rules adopted by the
| 2 | | Department pursuant to this Act. | 3 | | (4) Suspend, revoke, or refuse to renew approval of
any | 4 | | EMS System, after providing an opportunity for a
hearing, | 5 | | when findings show that it does not meet the
minimum | 6 | | standards for continuing operation as prescribed by
the | 7 | | Department, or is found to be in violation of its
| 8 | | previously approved Program Plan. | 9 | | (5) Require each EMS System to adopt written protocols
| 10 | | for the bypassing of or diversion to any hospital, trauma
| 11 | | center , or regional trauma center, which provide that a | 12 | | person
shall not be transported to a facility other than | 13 | | the nearest
hospital, regional trauma center , or trauma | 14 | | center unless (i) the
medical benefits to the patient | 15 | | reasonably expected from the
provision of appropriate | 16 | | medical treatment at a more distant
facility outweigh the | 17 | | increased risks to the patient from
transport to the more | 18 | | distant facility, (ii) or the transport is in
accordance | 19 | | with the System's protocols for patient
choice or refusal , | 20 | | or (iii) another healthcare facility can provide | 21 | | appropriate medical treatment for that person . | 22 | | (6) Require that the EMS Medical Director of an ILS or
| 23 | | ALS level EMS System be a physician licensed to practice
| 24 | | medicine in all of its branches in Illinois, and certified | 25 | | by
the American Board of Emergency Medicine or the American | 26 | | Board
of Osteopathic Emergency Medicine, and that the EMS |
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| 1 | | Medical
Director of a BLS level EMS System be a physician | 2 | | licensed to
practice medicine in all of its branches in | 3 | | Illinois, with
regular and frequent involvement in | 4 | | pre-hospital emergency
medical services. In addition, all | 5 | | EMS Medical Directors shall: | 6 | | (A) Have experience on an EMS vehicle at the
| 7 | | highest level available within the System, or make | 8 | | provision
to gain such experience within 12 months | 9 | | prior to the
date responsibility for the System is | 10 | | assumed or within 90
days after assuming the position; | 11 | | (B) Be thoroughly knowledgeable of all skills
| 12 | | included in the scope of practices of all levels of EMS
| 13 | | personnel within the System; | 14 | | (C) Have or make provision to gain experience
| 15 | | instructing students at a level similar to that of the | 16 | | levels
of EMS personnel within the System; and | 17 | | (D) For ILS and ALS EMS Medical Directors,
| 18 | | successfully complete a Department-approved EMS | 19 | | Medical
Director's Course. | 20 | | (7) Prescribe statewide EMS data elements to be
| 21 | | collected and documented by providers in all EMS Systems | 22 | | for
all emergency and non-emergency medical services, with | 23 | | a
one-year phase-in for commencing collection of such data
| 24 | | elements. | 25 | | (8) Define, through rules adopted pursuant to this Act,
| 26 | | the terms "Resource Hospital", "Associate Hospital",
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| 1 | | "Participating Hospital", "Basic Emergency Department",
| 2 | | "Standby Emergency Department", "Comprehensive Emergency | 3 | | Department", "EMS
Medical Director", "EMS Administrative
| 4 | | Director", and "EMS System Coordinator". | 5 | | (A) Upon the effective date of this amendatory Act | 6 | | of 1995,
all existing Project Medical Directors shall | 7 | | be considered EMS
Medical Directors, and all persons | 8 | | serving in such capacities
on the effective date of | 9 | | this amendatory Act of 1995 shall be exempt from
the | 10 | | requirements of paragraph (7) of this subsection; | 11 | | (B) Upon the effective date of this amendatory Act | 12 | | of 1995, all
existing EMS System Project Directors | 13 | | shall be considered EMS
Administrative Directors. | 14 | | (9) Investigate the
circumstances that caused a | 15 | | hospital
in an EMS system
to go on
bypass status to | 16 | | determine whether that hospital's decision to go on bypass
| 17 | | status was reasonable. The Department may impose | 18 | | sanctions, as
set forth in Section 3.140 of the Act, upon a | 19 | | Department determination that the
hospital unreasonably
| 20 | | went on bypass status in violation of the Act. | 21 | | (10) Evaluate the capacity and performance of any | 22 | | freestanding emergency center established under Section | 23 | | 32.5 of this Act in meeting emergency medical service needs | 24 | | of the public, including compliance with applicable | 25 | | emergency medical standards and assurance of the | 26 | | availability of and immediate access to the highest quality |
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| 1 | | of medical care possible.
| 2 | | (11) Permit limited EMS System participation by | 3 | | facilities operated by the United States Department of | 4 | | Veterans Affairs, Veterans Health Administration. Subject | 5 | | to patient preference, Illinois EMS providers may | 6 | | transport patients to Veterans Health Administration | 7 | | facilities that voluntarily participate in an EMS System. | 8 | | Any Veterans Health Administration facility seeking | 9 | | limited participation in an EMS System shall agree to | 10 | | comply with all Department administrative rules | 11 | | implementing this Section. The Department may promulgate | 12 | | rules, including, but not limited to, the types of Veterans | 13 | | Health Administration facilities that may participate in | 14 | | an EMS System and the limitations of participation. | 15 | | (Source: P.A. 96-1009, eff. 1-1-11; 96-1469, eff. 1-1-11; | 16 | | 97-333, eff. 8-12-11.)
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