Full Text of SB3255 100th General Assembly
SB3255 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3255 Introduced 2/15/2018, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 210 ILCS 50/3.5 | | 210 ILCS 50/3.35 | | 210 ILCS 50/3.40 | | 210 ILCS 50/3.45 | | 210 ILCS 50/3.50 | | 210 ILCS 50/3.65 | | 210 ILCS 50/3.80 | | 210 ILCS 50/3.165 | |
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Amends the Emergency Medical Services (EMS) Systems Act. Defines "Pre-Hospital Physician Assistant" or "PHPA". Includes Pre-Hospital Physician Assistants in the definition of "Emergency Medical Services Personnel". Adds PHPAs to provisions concerning licensing and educational requirements. Provides than an EMS Medical Director may immediately suspend a PHPA for specified reasons. Adds a PHPA to the State Emergency Medical Services Disciplinary Review Board. Adds PHPAs to provisions concerning misrepresentation. Makes other changes. Effective immediately.
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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 Sections 3.5, 3.35, 3.40, 3.45, 3.50, | 6 | | 3.65, 3.80, and 3.165 as follows:
| 7 | | (210 ILCS 50/3.5)
| 8 | | Sec. 3.5. Definitions. As used in this Act:
| 9 | | "Clinical observation" means the on-going observation of a | 10 | | patient's condition by a licensed health care professional | 11 | | utilizing a medical skill set while continuing assessment and | 12 | | care. | 13 | | "Department" means the Illinois Department of Public | 14 | | Health.
| 15 | | "Director" means the Director of the Illinois Department of | 16 | | Public Health.
| 17 | | "Emergency" means a medical condition of recent onset and | 18 | | severity that
would lead a prudent layperson, possessing an | 19 | | average knowledge of medicine and
health, to believe that | 20 | | urgent or unscheduled medical care is required.
| 21 | | "Emergency Medical Services personnel" or "EMS personnel" | 22 | | means persons licensed as an Emergency Medical Responder (EMR) | 23 | | (First Responder), Emergency Medical Dispatcher (EMD), |
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| 1 | | Emergency Medical Technician (EMT), Emergency Medical | 2 | | Technician-Intermediate (EMT-I), Advanced Emergency Medical | 3 | | Technician (A-EMT), Paramedic (EMT-P), Emergency | 4 | | Communications Registered Nurse (ECRN), Pre-Hospital Physician | 5 | | Assistant (PHPA), or Pre-Hospital Registered Nurse (PHRN). | 6 | | "Health care facility" means a hospital,
nursing home, | 7 | | physician's office or other fixed location at which
medical and | 8 | | health care services are performed. It does not
include | 9 | | "pre-hospital emergency care settings" which utilize EMS | 10 | | personnel to render
pre-hospital emergency care prior to the
| 11 | | arrival of a transport vehicle, as defined in this Act.
| 12 | | "Hospital" has the meaning ascribed to that
term in the | 13 | | Hospital Licensing Act.
| 14 | | "Medical monitoring" means the performance of medical | 15 | | tests and physical exams to evaluate an individual's on-going | 16 | | exposure to a factor that could negatively impact that person's | 17 | | health. "Medical monitoring" includes close surveillance or | 18 | | supervision of patients liable to suffer deterioration in | 19 | | physical or mental health and checks of various parameters such | 20 | | as pulse rate, temperature, respiration rate, the condition of | 21 | | the pupils, the level of consciousness and awareness, the | 22 | | degree of appreciation of pain, and blood gas concentrations | 23 | | such as oxygen and carbon dioxide. | 24 | | "Trauma" means any significant injury which
involves | 25 | | single or multiple organ systems.
| 26 | | (Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17 .)
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| 1 | | (210 ILCS 50/3.35)
| 2 | | Sec. 3.35.
Emergency Medical Services (EMS) Resource
| 3 | | Hospital; Functions.
The Resource Hospital of an EMS System | 4 | | shall:
| 5 | | (a) Prepare a Program Plan in accordance with the
| 6 | | provisions of this Act and minimum standards and criteria
| 7 | | established in rules adopted by the Department pursuant to
| 8 | | this Act, and submit such Program Plan to the Department | 9 | | for
approval.
| 10 | | (b) Appoint an EMS Medical Director, who will
| 11 | | continually monitor and supervise the System and who will
| 12 | | have the responsibility and authority for total management
| 13 | | of the System as delegated by the EMS Resource Hospital.
| 14 | | The Program Plan shall require the EMS Medical Director | 15 | | to
appoint an alternate EMS Medical Director and establish | 16 | | a
written protocol addressing the functions to be carried | 17 | | out
in his or her absence.
| 18 | | (c) Appoint an EMS System Coordinator and EMS
| 19 | | Administrative Director in consultation with the EMS | 20 | | Medical
Director and in accordance with rules adopted by | 21 | | the Department
pursuant to this Act.
| 22 | | (d) Identify potential EMS System participants and
| 23 | | obtain commitments from them for the provision of services.
| 24 | | (e) Educate or coordinate the education of EMS | 25 | | personnel and all other license holders in accordance with |
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| 1 | | the requirements of this Act,
rules adopted by the | 2 | | Department pursuant to this Act, and
the EMS System Program | 3 | | Plan.
| 4 | | (f) Notify the Department of EMS personnel
who have | 5 | | successfully completed the requirements as provided by law | 6 | | for initial licensure, license renewal, and license | 7 | | reinstatement
by the Department.
| 8 | | (g) Educate or coordinate the education of Emergency
| 9 | | Medical Dispatcher candidates, in accordance with the
| 10 | | requirements of this Act, rules adopted by the Department
| 11 | | pursuant to this Act, and the EMS System Program Plan.
| 12 | | (h) Establish or approve protocols for prearrival
| 13 | | medical instructions to callers by System Emergency | 14 | | Medical
Dispatchers who provide such instructions.
| 15 | | (i) Educate or coordinate the education of
| 16 | | Pre-Hospital Registered Nurse , Pre-Hospital Physician | 17 | | Assistant, and ECRN candidates, in accordance with the | 18 | | requirements of
this Act, rules adopted by the Department
| 19 | | pursuant to this Act, and the EMS System Program Plan.
| 20 | | (j) Approve Pre-Hospital Registered Nurse , | 21 | | Pre-Hospital Physician Assistant, and ECRN candidates to
| 22 | | practice within the System, and reapprove Pre-Hospital | 23 | | Registered Nurses , Pre-Hospital Physician Assistants,
and | 24 | | ECRNs every 4 years in accordance with the
requirements of | 25 | | the Department and the System Program Plan.
| 26 | | (k) Establish protocols for the use of Pre-Hospital |
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| 1 | | Registered Nurses
within the System.
| 2 | | (l) Establish protocols for utilizing ECRNs and
| 3 | | physicians licensed to practice medicine in all of its
| 4 | | branches to monitor telecommunications from, and give | 5 | | voice
orders to, EMS personnel, under the authority of the | 6 | | EMS
Medical Director.
| 7 | | (m) Monitor emergency and non-emergency medical
| 8 | | transports within the System, in accordance with rules
| 9 | | adopted by the Department pursuant to this Act.
| 10 | | (n) Utilize levels of personnel required by the
| 11 | | Department to provide emergency care to the sick and | 12 | | injured
at the scene of an emergency, during transport to a | 13 | | hospital
or during inter-hospital transport and within the | 14 | | hospital
emergency department until the responsibility for | 15 | | the care
of the patient is assumed by the medical personnel | 16 | | of a
hospital emergency department or other facility within | 17 | | the
hospital to which the patient is first delivered by | 18 | | System
personnel.
| 19 | | (o) Utilize levels of personnel required by the
| 20 | | Department to provide non-emergency medical services | 21 | | during
transport to a health care facility and within the | 22 | | health
care facility until the responsibility for the care | 23 | | of the
patient is assumed by the medical personnel of the | 24 | | health
care facility to which the patient is delivered by | 25 | | System
personnel.
| 26 | | (p) Establish and implement a program for System
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| 1 | | participant information and education, in accordance with
| 2 | | rules adopted by the Department pursuant to this Act.
| 3 | | (q) Establish and implement a program for public
| 4 | | information and education, in accordance with rules | 5 | | adopted
by the Department pursuant to this Act.
| 6 | | (r) Operate in compliance with the EMS Region Plan.
| 7 | | (Source: P.A. 98-973, eff. 8-15-14.)
| 8 | | (210 ILCS 50/3.40)
| 9 | | Sec. 3.40. EMS System Participation Suspensions and
Due | 10 | | Process. | 11 | | (a) An EMS Medical Director may suspend from
participation | 12 | | within the System any EMS personnel, EMS Lead Instructor (LI), | 13 | | individual, individual
provider or other participant | 14 | | considered not to be meeting
the requirements of the Program | 15 | | Plan of that approved EMS
System.
| 16 | | (b) Prior to suspending any individual or entity, an EMS | 17 | | Medical Director
shall provide an opportunity for a hearing | 18 | | before the
local System review board in accordance with | 19 | | subsection (f) and the rules
promulgated by the Department.
| 20 | | (1) If the local System review board affirms or | 21 | | modifies the EMS Medical
Director's suspension order, the | 22 | | individual or entity shall have the opportunity for
a | 23 | | review of the local board's decision by the State EMS | 24 | | Disciplinary Review
Board, pursuant to Section 3.45 of this | 25 | | Act.
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| 1 | | (2) If the local System review board reverses or | 2 | | modifies the EMS Medical
Director's order, the EMS Medical | 3 | | Director shall have the
opportunity for a review of the | 4 | | local board's decision by the State EMS
Disciplinary Review | 5 | | Board, pursuant to Section 3.45 of this Act.
| 6 | | (3) The suspension shall commence only upon the | 7 | | occurrence of one of the
following:
| 8 | | (A) the individual or entity has waived the | 9 | | opportunity for a hearing before
the local System | 10 | | review board; or
| 11 | | (B) the order has been affirmed or modified by the | 12 | | local system review
board
and the individual or entity | 13 | | has waived the opportunity for review by the State
| 14 | | Board; or
| 15 | | (C) the order has been affirmed or modified by the | 16 | | local system review
board,
and the local board's | 17 | | decision has been affirmed or modified by the State
| 18 | | Board.
| 19 | | (c) An EMS Medical Director may immediately suspend an EMR, | 20 | | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHRN, LI, or | 21 | | other individual or entity if he or she finds that the
| 22 | | continuation in practice by the individual or entity would | 23 | | constitute an
imminent danger to the public. The suspended | 24 | | individual or entity shall be
issued an immediate verbal | 25 | | notification followed by a written suspension order
by the EMS | 26 | | Medical Director which states the
length, terms and basis for |
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| 1 | | the suspension.
| 2 | | (1) Within 24 hours following the commencement of the | 3 | | suspension, the EMS
Medical Director shall deliver to the | 4 | | Department, by messenger, telefax, or other | 5 | | Department-approved electronic communication, a
copy of | 6 | | the suspension order and copies of any written materials | 7 | | which relate
to the EMS Medical Director's decision to | 8 | | suspend the individual or entity. All medical and | 9 | | patient-specific information, including Department | 10 | | findings with respect to the quality of care rendered, | 11 | | shall be strictly confidential pursuant to the Medical | 12 | | Studies Act (Part 21 of Article VIII of the Code of Civil | 13 | | Procedure).
| 14 | | (2) Within 24 hours following the commencement of the | 15 | | suspension, the
suspended individual or entity may deliver | 16 | | to the Department, by messenger,
telefax, or other | 17 | | Department-approved electronic communication, a written | 18 | | response to the suspension order and copies of any written
| 19 | | materials which the individual or entity feels are | 20 | | appropriate. All medical and patient-specific information, | 21 | | including Department findings with respect to the quality | 22 | | of care rendered, shall be strictly confidential pursuant | 23 | | to the Medical Studies Act.
| 24 | | (3) Within 24 hours following receipt of the EMS | 25 | | Medical Director's
suspension order or the individual or | 26 | | entity's written response, whichever is later,
the |
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| 1 | | Director or the Director's designee shall determine | 2 | | whether the suspension
should be stayed pending an | 3 | | opportunity for a hearing or
review in accordance with this | 4 | | Act, or whether the suspension should continue
during the | 5 | | course of that hearing or review. The Director or the | 6 | | Director's
designee shall issue this determination to the | 7 | | EMS Medical Director, who shall
immediately notify the | 8 | | suspended individual or entity. The suspension shall | 9 | | remain
in effect during this period of review by the | 10 | | Director or the Director's
designee.
| 11 | | (d) Upon issuance of a suspension order for reasons | 12 | | directly related to
medical care, the EMS Medical Director | 13 | | shall also provide the individual or entity
with the | 14 | | opportunity for a hearing before the local System review board, | 15 | | in
accordance with subsection (f) and the rules promulgated by | 16 | | the Department.
| 17 | | (1) If the local System review board affirms or | 18 | | modifies the EMS Medical
Director's suspension order, the | 19 | | individual or entity shall have the opportunity for
a | 20 | | review of the local board's decision by the State EMS | 21 | | Disciplinary Review
Board, pursuant to Section 3.45 of this | 22 | | Act.
| 23 | | (2) If the local System review board reverses or | 24 | | modifies the EMS Medical
Director's suspension order, the | 25 | | EMS Medical Director shall have the
opportunity for a | 26 | | review of the local board's decision by the State EMS
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| 1 | | Disciplinary Review Board, pursuant to Section 3.45 of this | 2 | | Act.
| 3 | | (3) The suspended individual or entity may elect to | 4 | | bypass the local System review board
and seek direct review | 5 | | of the EMS Medical Director's suspension order by the
State | 6 | | EMS Disciplinary Review Board.
| 7 | | (e) The Resource Hospital shall designate a local System | 8 | | review board in
accordance with the rules of the Department, | 9 | | for the purpose of providing a
hearing to any individual or | 10 | | entity participating within the
System who is suspended from | 11 | | participation by the EMS Medical Director. The
EMS Medical | 12 | | Director shall arrange for a certified shorthand reporter to | 13 | | make a
stenographic record of that hearing and thereafter | 14 | | prepare a transcript of the
proceedings. The transcript, all | 15 | | documents or materials received as evidence
during the hearing | 16 | | and the local System review board's written decision shall
be | 17 | | retained in the custody of the EMS system. The System shall | 18 | | implement a
decision of the local System review board unless | 19 | | that decision has been
appealed to the State Emergency Medical | 20 | | Services Disciplinary Review Board in
accordance with this Act | 21 | | and the rules of the Department.
| 22 | | (f) The Resource Hospital shall implement a decision of the | 23 | | State Emergency
Medical Services Disciplinary Review Board | 24 | | which has been rendered in
accordance with this Act and the | 25 | | rules of the Department.
| 26 | | (Source: P.A. 100-201, eff. 8-18-17.)
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| 1 | | (210 ILCS 50/3.45)
| 2 | | Sec. 3.45. State Emergency Medical Services Disciplinary
| 3 | | Review Board. | 4 | | (a) The Governor shall appoint a State Emergency
Medical | 5 | | Services Disciplinary Review Board, composed of an
EMS Medical | 6 | | Director, an EMS System Coordinator, a Paramedic, an Emergency
| 7 | | Medical Technician (EMT), and the following members,
who shall | 8 | | only review cases in which a party is from the
same | 9 | | professional category: a Pre-Hospital Registered Nurse, a | 10 | | Pre-Hospital Physician Assistant, an ECRN, a
Trauma Nurse | 11 | | Specialist, an Emergency Medical
Technician-Intermediate | 12 | | (EMT-I), an Advanced Emergency Medical Technician (A-EMT), a | 13 | | representative from a
private vehicle service provider, a | 14 | | representative from a
public vehicle service provider, and an | 15 | | emergency physician
who monitors telecommunications from and | 16 | | gives voice orders
to EMS personnel. The Governor shall also | 17 | | appoint one
alternate for each member of the Board, from the | 18 | | same
professional category as the member of the Board.
| 19 | | (b) The members
shall be appointed for a term of 3 years. | 20 | | All appointees
shall serve until their successors are | 21 | | appointed. The
alternate members shall be appointed and serve | 22 | | in the same
fashion as the members of the Board. If a member | 23 | | resigns
his or her appointment, the corresponding alternate | 24 | | shall serve the
remainder of that member's term until a | 25 | | subsequent member is
appointed by the Governor.
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| 1 | | (c) The function of the Board is to review and affirm,
| 2 | | reverse or modify disciplinary orders.
| 3 | | (d) Any individual or entity, who received an immediate | 4 | | suspension from an EMS
Medical Director may request the Board | 5 | | to reverse or modify
the suspension order. If the suspension | 6 | | had been affirmed
or modified by a local System review board, | 7 | | the suspended individual or entity
may request the Board to | 8 | | reverse or modify the
local board's decision.
| 9 | | (e) Any individual or entity who received a non-immediate | 10 | | suspension order
from an EMS Medical Director which was | 11 | | affirmed or modified
by a local System review board may request | 12 | | the Board to
reverse or modify the local board's decision.
| 13 | | (f) An EMS Medical Director whose suspension order
was | 14 | | reversed or modified by a local System review board may
request | 15 | | the Board to reverse or modify the local board's
decision.
| 16 | | (g) The Board shall meet on the first
Tuesday of every | 17 | | month, unless no requests for review have
been submitted. | 18 | | Additional meetings of the Board shall be
scheduled to ensure | 19 | | that a request for direct
review of an immediate suspension | 20 | | order is scheduled within
14 days after the Department receives | 21 | | the request for review
or as soon thereafter as a quorum is | 22 | | available. The Board
shall meet in Springfield or Chicago, | 23 | | whichever location is
closer to the majority of the members or | 24 | | alternates
attending the meeting. The Department shall | 25 | | reimburse the
members and alternates of the Board for | 26 | | reasonable travel
expenses incurred in attending meetings of |
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| 1 | | the Board.
| 2 | | (h) A request for review shall be submitted in
writing to | 3 | | the Chief of the Department's Division of Emergency
Medical | 4 | | Services and Highway Safety, within 10 days after
receiving the | 5 | | local board's decision or the EMS Medical
Director's suspension | 6 | | order, whichever is applicable, a copy
of which shall be | 7 | | enclosed.
| 8 | | (i) At its regularly scheduled meetings, the Board
shall | 9 | | review requests which have been received by the
Department at | 10 | | least 10 working days prior to the Board's
meeting date. | 11 | | Requests for review which are received less
than 10 working | 12 | | days prior to a scheduled meeting shall be
considered at the | 13 | | Board's next scheduled meeting, except
that requests for direct | 14 | | review of an immediate suspension
order may be scheduled up to | 15 | | 3 working days prior to the
Board's meeting date.
| 16 | | (j) A quorum shall be required for the Board to
meet, which | 17 | | shall consist of 3 members or alternates, including
the EMS | 18 | | Medical Director or alternate and the member or
alternate from | 19 | | the same professional category as the subject
of the suspension | 20 | | order. At each meeting of the Board, the
members or alternates | 21 | | present shall select a Chairperson to
conduct the meeting.
| 22 | | (k) Deliberations for decisions of the State EMS
| 23 | | Disciplinary Review
Board shall be conducted in closed session. | 24 | | Department
staff may attend for the purpose of providing | 25 | | clerical
assistance, but no other persons may be in attendance | 26 | | except
for the parties to the dispute being reviewed by the |
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| 1 | | Board
and their attorneys, unless by request of the Board.
| 2 | | (l) The Board shall review the transcript,
evidence and | 3 | | written decision of the local review board or the
written | 4 | | decision and supporting documentation of the EMS
Medical | 5 | | Director, whichever is applicable, along with any
additional | 6 | | written or verbal testimony or argument offered
by the parties | 7 | | to the dispute.
| 8 | | (m) At the conclusion of its review, the Board
shall issue | 9 | | its decision and the basis for its decision on a form
provided | 10 | | by the Department, and shall submit to the
Department its | 11 | | written decision together with the record of
the local System | 12 | | review board. The Department shall
promptly issue a copy of the | 13 | | Board's decision to all
affected parties. The Board's decision | 14 | | shall be binding on
all parties.
| 15 | | (Source: P.A. 98-973, eff. 8-15-14.)
| 16 | | (210 ILCS 50/3.50)
| 17 | | Sec. 3.50. Emergency Medical Services personnel licensure | 18 | | levels.
| 19 | | (a) "Emergency Medical Technician" or
"EMT" means a person | 20 | | who has successfully completed a course in basic life support
| 21 | | as approved by the
Department, is currently licensed by the | 22 | | Department in
accordance with standards prescribed by this Act | 23 | | and rules
adopted by the Department pursuant to this Act, and | 24 | | practices within an EMS
System. A valid Emergency Medical | 25 | | Technician-Basic (EMT-B) license issued under this Act shall |
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| 1 | | continue to be valid and shall be recognized as an Emergency | 2 | | Medical Technician (EMT) license until the Emergency Medical | 3 | | Technician-Basic (EMT-B) license expires.
| 4 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | 5 | | means a person who has successfully completed a
course in | 6 | | intermediate life support
as approved
by the Department, is | 7 | | currently licensed by the
Department in accordance with | 8 | | standards prescribed by this
Act and rules adopted by the | 9 | | Department pursuant to this
Act, and practices within an | 10 | | Intermediate or Advanced
Life Support EMS System.
| 11 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | 12 | | means a person who has successfully completed a course in basic | 13 | | and limited advanced emergency medical care as approved by the | 14 | | Department, is currently licensed by the Department in | 15 | | accordance with standards prescribed by this Act and rules | 16 | | adopted by the Department pursuant to this Act, and practices | 17 | | within an Intermediate or Advanced Life Support EMS System. | 18 | | (c) "Paramedic (EMT-P)" means a person who
has successfully | 19 | | completed a
course in advanced life support care
as approved
by | 20 | | the Department, is licensed by the Department
in accordance | 21 | | with standards prescribed by this Act and
rules adopted by the | 22 | | Department pursuant to this Act, and
practices within an | 23 | | Advanced Life Support EMS System. A valid Emergency Medical | 24 | | Technician-Paramedic (EMT-P) license issued under this Act | 25 | | shall continue to be valid and shall be recognized as a | 26 | | Paramedic license until the Emergency Medical |
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| 1 | | Technician-Paramedic (EMT-P) license expires.
| 2 | | (c-5) "Emergency Medical Responder" or "EMR (First | 3 | | Responder)" means a person who has successfully completed a | 4 | | course in emergency medical response as approved by the | 5 | | Department and provides emergency medical response services | 6 | | prior to the arrival of an ambulance or specialized emergency | 7 | | medical services vehicle, in accordance with the level of care | 8 | | established by the National EMS Educational Standards | 9 | | Emergency Medical Responder course as modified by the | 10 | | Department. An Emergency Medical Responder who provides | 11 | | services as part of an EMS System response plan shall comply | 12 | | with the applicable sections of the Program Plan, as approved | 13 | | by the Department, of that EMS System. The Department shall | 14 | | have the authority to adopt rules governing the curriculum, | 15 | | practice, and necessary equipment applicable to Emergency | 16 | | Medical Responders. | 17 | | On the effective date of this amendatory Act of the 98th | 18 | | General Assembly, a person who is licensed by the Department as | 19 | | a First Responder and has completed a Department-approved | 20 | | course in first responder defibrillator training based on, or | 21 | | equivalent to, the National EMS Educational Standards or other | 22 | | standards previously recognized by the Department shall be | 23 | | eligible for licensure as an Emergency Medical Responder upon | 24 | | meeting the licensure requirements and submitting an | 25 | | application to the Department. A valid First Responder license | 26 | | issued under this Act shall continue to be valid and shall be |
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| 1 | | recognized as an Emergency Medical Responder license until the | 2 | | First Responder license expires. | 3 | | (c-10) All EMS Systems and licensees shall be fully | 4 | | compliant with the National EMS Education Standards, as | 5 | | modified by the Department in administrative rules, within 24 | 6 | | months after the adoption of the administrative rules. | 7 | | (d) The Department shall have the authority and
| 8 | | responsibility to:
| 9 | | (1) Prescribe education and training requirements, | 10 | | which
includes training in the use of epinephrine,
for all | 11 | | levels of EMS personnel except for EMRs, based on the | 12 | | National EMS Educational Standards
and any modifications | 13 | | to those curricula specified by the
Department through | 14 | | rules adopted pursuant to this Act.
| 15 | | (2) Prescribe licensure testing requirements
for all | 16 | | levels of EMS personnel, which shall include a requirement | 17 | | that
all phases of instruction, training, and field | 18 | | experience be
completed before taking the appropriate | 19 | | licensure examination.
Candidates may elect to take the | 20 | | appropriate National Registry examination in lieu of the
| 21 | | Department's examination, but are responsible for making
| 22 | | their own arrangements for taking the National Registry
| 23 | | examination. In prescribing licensure testing requirements | 24 | | for honorably discharged members of the armed forces of the | 25 | | United States under this paragraph (2), the Department | 26 | | shall ensure that a candidate's military emergency medical |
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| 1 | | training, emergency medical curriculum completed, and | 2 | | clinical experience, as described in paragraph (2.5), are | 3 | | recognized.
| 4 | | (2.5) Review applications for EMS personnel licensure | 5 | | from
honorably discharged members of the armed forces of | 6 | | the United States with military emergency medical | 7 | | training. Applications shall be filed with the Department | 8 | | within one year after military discharge and shall contain: | 9 | | (i) proof of successful completion of military emergency | 10 | | medical training; (ii) a detailed description of the | 11 | | emergency medical curriculum completed; and (iii) a | 12 | | detailed description of the applicant's clinical | 13 | | experience. The Department may request additional and | 14 | | clarifying information. The Department shall evaluate the | 15 | | application, including the applicant's training and | 16 | | experience, consistent with the standards set forth under | 17 | | subsections (a), (b), (c), and (d) of Section 3.10. If the | 18 | | application clearly demonstrates that the training and | 19 | | experience meets such standards, the Department shall | 20 | | offer the applicant the opportunity to successfully | 21 | | complete a Department-approved EMS personnel examination | 22 | | for the level of license for which the applicant is | 23 | | qualified. Upon passage of an examination, the Department | 24 | | shall issue a license, which shall be subject to all | 25 | | provisions of this Act that are otherwise applicable to the | 26 | | level of EMS personnel
license issued. |
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| 1 | | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| 2 | | or Paramedic who have met the Department's education, | 3 | | training and
examination requirements.
| 4 | | (4) Prescribe annual continuing education and
| 5 | | relicensure requirements for all EMS personnel licensure
| 6 | | levels.
| 7 | | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | 8 | | A-EMT,
or Paramedic every 4 years, based on their | 9 | | compliance with
continuing education and relicensure | 10 | | requirements as required by the Department pursuant to this | 11 | | Act. Every 4 years, a Paramedic shall have 100 hours of | 12 | | approved continuing education, an EMT-I and an advanced EMT | 13 | | shall have 80 hours of approved continuing education, and | 14 | | an EMT shall have 60 hours of approved continuing | 15 | | education. An Illinois licensed EMR, EMD, EMT, EMT-I, | 16 | | A-EMT, Paramedic, ECRN, PHPA, or PHRN 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 EMS personnel | 26 | | license sought to be reinstated.
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| 1 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | 2 | | A-EMT, Paramedic, ECRN, PHPA, or PHRN who
qualifies, based | 3 | | on standards and procedures established by
the Department | 4 | | in rules adopted pursuant to this Act.
| 5 | | (7) Charge a fee for EMS personnel examination, | 6 | | licensure, and license renewal.
| 7 | | (8) Suspend, revoke, or refuse to issue or renew the
| 8 | | license of any licensee, after an opportunity for an | 9 | | impartial hearing before a neutral administrative law | 10 | | judge appointed by the Director, where the preponderance of | 11 | | the evidence shows one or more of the following:
| 12 | | (A) The licensee has not met continuing
education | 13 | | or relicensure requirements as prescribed by the | 14 | | Department;
| 15 | | (B) The licensee has failed to maintain
| 16 | | proficiency in the level of skills for which he or she | 17 | | is licensed;
| 18 | | (C) The licensee, during the provision of
medical | 19 | | services, engaged in dishonorable, unethical, or
| 20 | | unprofessional conduct of a character likely to | 21 | | deceive,
defraud, or harm the public;
| 22 | | (D) The licensee has failed to maintain or
has | 23 | | violated standards of performance and conduct as | 24 | | prescribed
by the Department in rules adopted pursuant | 25 | | to this Act or
his or her EMS System's Program Plan;
| 26 | | (E) The licensee is physically impaired to
the |
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| 1 | | extent that he or she cannot physically perform the | 2 | | skills and
functions for which he or she is licensed, | 3 | | as verified by a
physician, unless the person is on | 4 | | inactive status pursuant
to Department regulations;
| 5 | | (F) The licensee is mentally impaired to the
extent | 6 | | that he or she cannot exercise the appropriate | 7 | | judgment,
skill and safety for performing the | 8 | | functions for which he
or she is licensed, as verified | 9 | | by a physician, unless the person
is on inactive status | 10 | | pursuant to Department regulations;
| 11 | | (G) The licensee has violated this Act or any
rule | 12 | | adopted by the Department pursuant to this Act; or | 13 | | (H) The licensee has been convicted (or entered a | 14 | | plea of guilty or nolo-contendere) by a court of | 15 | | competent jurisdiction of a Class X, Class 1, or Class | 16 | | 2 felony in this State or an out-of-state equivalent | 17 | | offense. | 18 | | (9) Prescribe education and training requirements in | 19 | | the administration and use of opioid antagonists for all | 20 | | levels of EMS personnel based on the National EMS | 21 | | Educational Standards and any modifications to those | 22 | | curricula specified by the Department through rules | 23 | | adopted pursuant to this Act. | 24 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | 25 | | PHPA, or PHRN who is a member of the Illinois National Guard or | 26 | | an Illinois State Trooper or who exclusively serves as a |
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| 1 | | volunteer for units of local government with a population base | 2 | | of less than 5,000 or as a volunteer
for a not-for-profit | 3 | | organization that serves a service area
with a population base | 4 | | of less than 5,000 may submit an application to the Department | 5 | | for a waiver of the fees described under paragraph (7) of | 6 | | subsection (d) of this Section on a form prescribed by the | 7 | | Department. | 8 | | The education requirements prescribed by the Department | 9 | | under this Section must allow for the suspension of those | 10 | | requirements in the case of a member of the armed services or | 11 | | reserve forces of the United States or a member of the Illinois | 12 | | National Guard who is on active duty pursuant to an executive | 13 | | order of the President of the United States, an act of the | 14 | | Congress of the United States, or an order of the Governor at | 15 | | the time that the member would otherwise be required to fulfill | 16 | | a particular education requirement. Such a person must fulfill | 17 | | the education requirement within 6 months after his or her | 18 | | release from active duty.
| 19 | | (e) In the event that any rule of the
Department or an EMS | 20 | | Medical Director that requires testing for drug
use as a | 21 | | condition of the applicable EMS personnel license conflicts | 22 | | with or
duplicates a provision of a collective bargaining | 23 | | agreement
that requires testing for drug use, that rule shall | 24 | | not
apply to any person covered by the collective bargaining
| 25 | | agreement.
| 26 | | (Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, |
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| 1 | | eff. 8-15-14; 99-480, eff. 9-9-15.)
| 2 | | (210 ILCS 50/3.65)
| 3 | | Sec. 3.65. EMS Lead Instructor.
| 4 | | (a) "EMS Lead Instructor" means a person who has
| 5 | | successfully completed a course of education as approved
by the | 6 | | Department, and who is currently approved by the
Department to | 7 | | coordinate or teach education, training
and continuing | 8 | | education courses, in accordance with
standards prescribed by | 9 | | this Act and rules adopted by the
Department pursuant to this | 10 | | Act.
| 11 | | (b) The Department shall have the authority and
| 12 | | responsibility to:
| 13 | | (1) Prescribe education requirements for EMS
Lead | 14 | | Instructor candidates through rules adopted pursuant to | 15 | | this
Act.
| 16 | | (2) Prescribe testing requirements for EMS
Lead | 17 | | Instructor candidates through rules adopted pursuant to | 18 | | this
Act.
| 19 | | (3) Charge each candidate for EMS Lead
Instructor a fee | 20 | | to be submitted with an application for an
examination, an | 21 | | application for licensure, and an application for | 22 | | relicensure.
| 23 | | (4) Approve individuals as EMS Lead
Instructors who | 24 | | have met the Department's education and testing
| 25 | | requirements.
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| 1 | | (5) Require that all education, training and
| 2 | | continuing education courses for EMT, EMT-I, A-EMT, | 3 | | Paramedic, PHRN, ECRN, PHPA, EMR, and Emergency Medical
| 4 | | Dispatcher be coordinated by at least one approved EMS Lead
| 5 | | Instructor. A program which includes education, training | 6 | | or
continuing education for more than one type of personnel | 7 | | may
use one EMS Lead Instructor to coordinate the program, | 8 | | and a
single EMS Lead Instructor may simultaneously | 9 | | coordinate
more than one program or course.
| 10 | | (6) Provide standards and procedures for
awarding EMS | 11 | | Lead Instructor approval to persons previously approved
by | 12 | | the Department to coordinate such courses, based on
| 13 | | qualifications prescribed by the Department through rules
| 14 | | adopted pursuant to this Act.
| 15 | | (7) Suspend, revoke, or refuse to issue or renew the | 16 | | approval of an EMS
Lead Instructor, after an opportunity | 17 | | for a hearing, when
findings show one or more of the | 18 | | following:
| 19 | | (A) The EMS Lead Instructor has failed
to conduct a | 20 | | course in accordance with the curriculum
prescribed by | 21 | | this Act and rules adopted by the Department
pursuant | 22 | | to this Act; or
| 23 | | (B) The EMS Lead Instructor has failed
to comply | 24 | | with protocols prescribed by the Department through
| 25 | | rules adopted pursuant to this Act.
| 26 | | (Source: P.A. 98-973, eff. 8-15-14.)
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| 1 | | (210 ILCS 50/3.80)
| 2 | | Sec. 3.80. Pre-Hospital Registered Nurse , Pre-Hospital | 3 | | Physician Assistant, and Emergency Communications Registered | 4 | | Nurse.
| 5 | | (a) "Emergency Communications Registered Nurse" or
"ECRN" | 6 | | means a registered professional nurse licensed under
the Nurse | 7 | | Practice Act who
has
successfully completed supplemental | 8 | | education in accordance
with rules adopted by the Department, | 9 | | and who is approved by
an EMS Medical Director to monitor | 10 | | telecommunications from
and give voice orders to EMS System | 11 | | personnel, under the
authority of the EMS Medical Director and | 12 | | in accordance with
System protocols. For out-of-state | 13 | | facilities that have Illinois recognition under the EMS, trauma | 14 | | or pediatric programs, the professional shall have an | 15 | | unencumbered registered nurse license in the state in which he | 16 | | or she practices. In this Section, the term "license" is used | 17 | | to reflect a change in terminology from "certification" to | 18 | | "license" only.
| 19 | | (a-5) "Pre-Hospital Physician Assistant" or "PHPA" means a | 20 | | physician assistant licensed under the Physician Assistant | 21 | | Practice Act of 1987 who has successfully completed | 22 | | supplemental education in accordance with rules adopted by the | 23 | | Department pursuant to this Act, and who has a collaboration | 24 | | agreement with an EMS Medical Director to practice within an | 25 | | Illinois EMS System as emergency medical services personnel for |
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| 1 | | pre-hospital and inter-hospital emergency care and | 2 | | non-emergency medical transports. For out-of-state facilities | 3 | | that have Illinois recognition under the EMS, trauma or | 4 | | pediatric programs, the professional shall have an | 5 | | unencumbered physician assistant license in the state in which | 6 | | he or she practices. | 7 | | (b) "Pre-Hospital Registered Nurse", "PHRN", or | 8 | | "Pre-Hospital RN" means a registered professional nurse | 9 | | licensed under
the Nurse Practice Act who has
successfully | 10 | | completed supplemental education in accordance
with rules | 11 | | adopted by the Department pursuant to this Act,
and who is | 12 | | approved by an EMS Medical Director to practice
within an | 13 | | Illinois EMS System as emergency medical services personnel
for | 14 | | pre-hospital and inter-hospital emergency care and
| 15 | | non-emergency medical transports. For out-of-state facilities | 16 | | that have Illinois recognition under the EMS, trauma or | 17 | | pediatric programs, the professional shall have an | 18 | | unencumbered registered nurse license in the state in which he | 19 | | or she practices. In this Section, the term "license" is used | 20 | | to reflect a change in terminology from "certification" to | 21 | | "license" only.
| 22 | | (c) The Department shall have the authority and
| 23 | | responsibility to:
| 24 | | (1) Prescribe education and continuing education
| 25 | | requirements for Pre-Hospital Registered Nurse , | 26 | | Pre-Hospital Physician Assistant, and ECRN candidates |
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| 1 | | through
rules adopted pursuant to this Act:
| 2 | | (A) Education for a Pre-Hospital Registered Nurse | 3 | | or a Pre-Hospital Physician Assistant shall
include | 4 | | extrication, telecommunications, and pre-hospital
| 5 | | cardiac, medical, and trauma care;
| 6 | | (B) Education for ECRN shall include
| 7 | | telecommunications, System standing medical orders and | 8 | | the
procedures and protocols established by the EMS | 9 | | Medical
Director;
| 10 | | (C) A Pre-Hospital Registered Nurse candidate who | 11 | | is
fulfilling clinical training and in-field | 12 | | supervised
experience requirements may perform | 13 | | prescribed procedures
under the direct supervision of | 14 | | a physician licensed to
practice medicine in all of its | 15 | | branches, a qualified
registered professional nurse or | 16 | | a qualified EMT, only when
authorized by the EMS | 17 | | Medical Director;
| 18 | | (D) An EMS Medical Director may impose in-field | 19 | | supervised field
experience requirements on System
| 20 | | ECRNs as part of their training or continuing | 21 | | education, in
which they perform prescribed procedures | 22 | | under the direct
supervision of a physician licensed to | 23 | | practice medicine in
all of its branches, a qualified | 24 | | registered professional
nurse, or qualified EMS | 25 | | personnel, only when authorized by the EMS
Medical | 26 | | Director;
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| 1 | | (2) Require EMS Medical Directors to
reapprove | 2 | | Pre-Hospital Registered Nurses , Pre-Hospital Physician | 3 | | Assistants, and ECRNs every 4 years, based on
compliance | 4 | | with continuing education requirements prescribed
by the | 5 | | Department through rules adopted pursuant to this
Act;
| 6 | | (3) Allow EMS Medical Directors to grant
inactive | 7 | | status to any Pre-Hospital Registered Nurse , Pre-Hospital | 8 | | Physician Assistants, or ECRN who qualifies, based
on | 9 | | standards and procedures established by the Department in
| 10 | | rules adopted pursuant to this Act;
| 11 | | (4) Require a Pre-Hospital Registered Nurse or a | 12 | | Pre-Hospital Physician Assistant to honor Do Not
| 13 | | Resuscitate (DNR) orders and powers of attorney for health
| 14 | | care only in accordance with rules adopted by the | 15 | | Department
pursuant to this Act and protocols of the EMS | 16 | | System in
which he or she practices;
| 17 | | (5) Charge each Pre-Hospital Registered Nurse , | 18 | | Pre-Hospital Physician Assistant, applicant and ECRN | 19 | | applicant a fee for licensure and relicensure. | 20 | | (d) The Department shall have the authority to suspend, | 21 | | revoke, or refuse to issue or renew a Department-issued PHRN , | 22 | | PHPA, or ECRN license when, after notice and the opportunity | 23 | | for a hearing, the Department demonstrates that the licensee | 24 | | has violated this Act, violated the rules adopted by the | 25 | | Department, or failed to comply with the applicable standards | 26 | | of care. |
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| 1 | | (Source: P.A. 98-973, eff. 8-15-14.)
| 2 | | (210 ILCS 50/3.165)
| 3 | | Sec. 3.165. Misrepresentation.
| 4 | | (a) No person shall hold himself or herself out to be or | 5 | | engage
in the practice of an EMS Medical Director, EMS
| 6 | | Administrative Director, EMS System Coordinator, EMR, EMD, | 7 | | EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, PHPA, TNS, or LI | 8 | | without being licensed,
certified, approved or otherwise | 9 | | authorized pursuant to this
Act.
| 10 | | (b) A hospital or other entity which employs or
utilizes an | 11 | | EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic in a manner which is | 12 | | outside the scope of
his or her license shall not use the words | 13 | | "emergency medical responder", "EMR", "emergency medical | 14 | | technician", "EMT", "emergency medical | 15 | | technician-intermediate", "EMT-I", "advanced emergency medical | 16 | | technician", "A-EMT", or "Paramedic" in that person's job
| 17 | | description or title, or in any other manner hold that
person | 18 | | out to be so licensed.
| 19 | | (c) No provider or participant within an EMS
System shall | 20 | | hold itself out as providing a type or level of
service that | 21 | | has not been approved by that System's EMS
Medical Director.
| 22 | | (Source: P.A. 98-973, eff. 8-15-14.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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