Full Text of HB3186 98th General Assembly
HB3186enr 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 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.
| 4 | | (5) Relicense individuals as an EMT-B, EMT-I,
or EMT-P | 5 | | every 4 years, based on their compliance with
continuing | 6 | | education and relicensure requirements. Every 4 years, an | 7 | | EMT-P shall have 100 hours of approved continuing | 8 | | education, an EMT-I and an advanced EMT shall have 80 hours | 9 | | of approved continuing education, and EMT-B shall have 60 | 10 | | hours of approved continuing education. An Illinois | 11 | | licensed Emergency Medical Technician whose license has | 12 | | been expired for less than 36 months may apply for | 13 | | reinstatement by the Department. Reinstatement shall | 14 | | require that the applicant (i) submit satisfactory proof of | 15 | | completion of continuing medical education and clinical | 16 | | requirements to be prescribed by the Department in an | 17 | | administrative rule; (ii) submit a positive recommendation | 18 | | from an Illinois EMS Medical Director attesting to the | 19 | | applicant's qualifications for retesting; and (iii) pass a | 20 | | Department approved test for the level of EMT license | 21 | | sought to be reinstated.
| 22 | | (6) Grant inactive status to any EMT who
qualifies, | 23 | | based on standards and procedures established by
the | 24 | | Department in rules adopted pursuant to this Act.
| 25 | | (7) Charge a fee for EMT examination, licensure, and | 26 | | license renewal.
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| 1 | | (8) Suspend, revoke, or refuse to issue or renew the
| 2 | | license of any licensee, after an opportunity for an | 3 | | impartial hearing before a neutral administrative law | 4 | | judge appointed by the Director, where the preponderance of | 5 | | the evidence shows one or more of the following:
| 6 | | (A) The licensee has not met continuing
education | 7 | | or relicensure requirements as prescribed by the | 8 | | Department;
| 9 | | (B) The licensee has failed to maintain
| 10 | | proficiency in the level of skills for which he or she | 11 | | is licensed;
| 12 | | (C) The licensee, during the provision of
medical | 13 | | services, engaged in dishonorable, unethical, or
| 14 | | unprofessional conduct of a character likely to | 15 | | deceive,
defraud, or harm the public;
| 16 | | (D) The licensee has failed to maintain or
has | 17 | | violated standards of performance and conduct as | 18 | | prescribed
by the Department in rules adopted pursuant | 19 | | to this Act or
his or her EMS System's Program Plan;
| 20 | | (E) The licensee is physically impaired to
the | 21 | | extent that he or she cannot physically perform the | 22 | | skills and
functions for which he or she is licensed, | 23 | | as verified by a
physician, unless the person is on | 24 | | inactive status pursuant
to Department regulations;
| 25 | | (F) The licensee is mentally impaired to the
extent | 26 | | that he or she cannot exercise the appropriate |
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| 1 | | judgment,
skill and safety for performing the | 2 | | functions for which he
or she is licensed, as verified | 3 | | by a physician, unless the person
is on inactive status | 4 | | pursuant to Department regulations;
| 5 | | (G) The licensee has violated this Act or any
rule | 6 | | adopted by the Department pursuant to this Act; or | 7 | | (H) The licensee has been convicted (or entered a | 8 | | plea of guilty or nolo-contendere) by a court of | 9 | | competent jurisdiction of a Class X, Class 1, or Class | 10 | | 2 felony in this State or an out-of-state equivalent | 11 | | offense. | 12 | | (9) An EMT who is a member of the Illinois National Guard | 13 | | or an Illinois State Trooper or who exclusively serves as a | 14 | | volunteer for units of local government with a population base | 15 | | of less than 5,000 or as a volunteer
for a not-for-profit | 16 | | organization that serves a service area
with a population base | 17 | | of less than 5,000 may submit an application to the Department | 18 | | for a waiver of the these fees described under paragraph (7) on | 19 | | a form prescribed by the Department. | 20 | | The education requirements prescribed by the Department | 21 | | under this subsection must allow for the suspension of those | 22 | | requirements in the case of a member of the armed services or | 23 | | reserve forces of the United States or a member of the Illinois | 24 | | National Guard who is on active duty pursuant to an executive | 25 | | order of the President of the United States, an act of the | 26 | | Congress of the United States, or an order of the Governor at |
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| 1 | | the time that the member would otherwise be required to fulfill | 2 | | a particular education requirement. Such a person must fulfill | 3 | | the education requirement within 6 months after his or her | 4 | | release from active duty.
| 5 | | (e) In the event that any rule of the
Department or an EMS | 6 | | Medical Director that requires testing for drug
use as a | 7 | | condition for EMT licensure conflicts with or
duplicates a | 8 | | provision of a collective bargaining agreement
that requires | 9 | | testing for drug use, that rule shall not
apply to any person | 10 | | covered by the collective bargaining
agreement.
| 11 | | (Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10; | 12 | | 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff. | 13 | | 8-23-11; 97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; revised | 14 | | 10-17-12.)
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