Full Text of HB3571 102nd General Assembly
HB3571eng 102ND 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 | 5 | | Act is amended by changing Section 3.50 as follows:
| 6 | | (210 ILCS 50/3.50)
| 7 | | Sec. 3.50. Emergency Medical Services personnel licensure | 8 | | levels.
| 9 | | (a) "Emergency Medical Technician" or
"EMT" means a person | 10 | | who has successfully completed a course in basic life support
| 11 | | as approved by the
Department, is currently licensed by the | 12 | | Department in
accordance with standards prescribed by this Act | 13 | | and rules
adopted by the Department pursuant to this Act, and | 14 | | practices within an EMS
System. A valid Emergency Medical | 15 | | Technician-Basic (EMT-B) license issued under this Act shall | 16 | | continue to be valid and shall be recognized as an Emergency | 17 | | Medical Technician (EMT) license until the Emergency Medical | 18 | | Technician-Basic (EMT-B) license expires.
| 19 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | 20 | | means a person who has successfully completed a
course in | 21 | | intermediate life support
as approved
by the Department, is | 22 | | currently licensed by the
Department in accordance with | 23 | | standards prescribed by this
Act and rules adopted by the |
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| 1 | | Department pursuant to this
Act, and practices within an | 2 | | Intermediate or Advanced
Life Support EMS System.
| 3 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | 4 | | means a person who has successfully completed a course in | 5 | | basic and limited advanced emergency medical care as approved | 6 | | by the Department, is currently licensed by the Department in | 7 | | accordance with standards prescribed by this Act and rules | 8 | | adopted by the Department pursuant to this Act, and practices | 9 | | within an Intermediate or Advanced Life Support EMS System. | 10 | | (c) "Paramedic (EMT-P)" means a person who
has | 11 | | successfully completed a
course in advanced life support care
| 12 | | as approved
by the Department, is licensed by the Department
| 13 | | in accordance with standards prescribed by this Act and
rules | 14 | | adopted by the Department pursuant to this Act, and
practices | 15 | | within an Advanced Life Support EMS System. A valid Emergency | 16 | | Medical Technician-Paramedic (EMT-P) license issued under this | 17 | | Act shall continue to be valid and shall be recognized as a | 18 | | Paramedic license until the Emergency Medical | 19 | | Technician-Paramedic (EMT-P) license expires.
| 20 | | (c-5) "Emergency Medical Responder" or "EMR (First | 21 | | Responder)" means a person who has successfully completed a | 22 | | course in emergency medical response as approved by the | 23 | | Department and provides emergency medical response services | 24 | | prior to the arrival of an ambulance or specialized emergency | 25 | | medical services vehicle, in accordance with the level of care | 26 | | established by the National EMS Educational Standards |
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| 1 | | Emergency Medical Responder course as modified by the | 2 | | Department. An Emergency Medical Responder who provides | 3 | | services as part of an EMS System response plan shall comply | 4 | | with the applicable sections of the Program Plan, as approved | 5 | | by the Department, of that EMS System. The Department shall | 6 | | have the authority to adopt rules governing the curriculum, | 7 | | practice, and necessary equipment applicable to Emergency | 8 | | Medical Responders. | 9 | | On August 15, 2014 (the effective date of Public Act | 10 | | 98-973), a person who is licensed by the Department as a First | 11 | | Responder and has completed a Department-approved course in | 12 | | first responder defibrillator training based on, or equivalent | 13 | | to, the National EMS Educational Standards or other standards | 14 | | previously recognized by the Department shall be eligible for | 15 | | licensure as an Emergency Medical Responder upon meeting the | 16 | | licensure requirements and submitting an application to the | 17 | | Department. A valid First Responder license issued under this | 18 | | Act shall continue to be valid and shall be recognized as an | 19 | | Emergency Medical Responder license until the First Responder | 20 | | license expires. | 21 | | (c-10) All EMS Systems and licensees shall be fully | 22 | | compliant with the National EMS Education Standards, as | 23 | | modified by the Department in administrative rules, within 24 | 24 | | months after the adoption of the administrative rules. | 25 | | (d) The Department shall have the authority and
| 26 | | responsibility to:
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| 1 | | (1) Prescribe education and training requirements, | 2 | | which
includes training in the use of epinephrine,
for all | 3 | | levels of EMS personnel except for EMRs, based on the | 4 | | National EMS Educational Standards
and any modifications | 5 | | to those curricula specified by the
Department through | 6 | | rules adopted pursuant to this Act.
| 7 | | (2) Prescribe licensure testing requirements
for all | 8 | | levels of EMS personnel, which shall include a requirement | 9 | | that
all phases of instruction, training, and field | 10 | | experience be
completed before taking the appropriate | 11 | | licensure examination.
Candidates may elect to take the | 12 | | appropriate National Registry examination in lieu of the
| 13 | | Department's examination, but are responsible for making
| 14 | | their own arrangements for taking the National Registry
| 15 | | examination. In prescribing licensure testing requirements | 16 | | for honorably discharged members of the armed forces of | 17 | | the United States under this paragraph (2), the Department | 18 | | shall ensure that a candidate's military emergency medical | 19 | | training, emergency medical curriculum completed, and | 20 | | clinical experience, as described in paragraph (2.5), are | 21 | | recognized.
| 22 | | (2.5) Review applications for EMS personnel licensure | 23 | | from
honorably discharged members of the armed forces of | 24 | | the United States with military emergency medical | 25 | | training. Applications shall be filed with the Department | 26 | | within one year after military discharge and shall |
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| 1 | | contain: (i) proof of successful completion of military | 2 | | emergency medical training; (ii) a detailed description of | 3 | | the emergency medical curriculum completed; and (iii) a | 4 | | detailed description of the applicant's clinical | 5 | | experience. The Department may request additional and | 6 | | clarifying information. The Department shall evaluate the | 7 | | application, including the applicant's training and | 8 | | experience, consistent with the standards set forth under | 9 | | subsections (a), (b), (c), and (d) of Section 3.10. If the | 10 | | application clearly demonstrates that the training and | 11 | | experience meet such standards, the Department shall offer | 12 | | the applicant the opportunity to successfully complete a | 13 | | Department-approved EMS personnel examination for the | 14 | | level of license for which the applicant is qualified. | 15 | | Upon passage of an examination, the Department shall issue | 16 | | a license, which shall be subject to all provisions of | 17 | | this Act that are otherwise applicable to the level of EMS | 18 | | personnel
license issued. | 19 | | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| 20 | | or Paramedic who have met the Department's education, | 21 | | training and
examination requirements.
| 22 | | (4) Prescribe annual continuing education and
| 23 | | relicensure requirements for all EMS personnel licensure
| 24 | | levels.
| 25 | | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | 26 | | A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, |
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| 1 | | based on their compliance with
continuing education and | 2 | | relicensure requirements as required by the Department | 3 | | pursuant to this Act. Every 4 years, a Paramedic shall | 4 | | have 100 hours of approved continuing education, an EMT-I | 5 | | and an advanced EMT shall have 80 hours of approved | 6 | | continuing education, and an EMT shall have 60 hours of | 7 | | approved continuing education. An Illinois licensed EMR, | 8 | | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or | 9 | | PHRN whose license has expired may, within 6 months after | 10 | | license expiration, apply for relicensure, show compliance | 11 | | with all relicensure requirements, and submit the required | 12 | | relicensure fees, including a late fee. An Illinois | 13 | | licensed EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | 14 | | PHPA, PHAPRN, or PHRN whose license has been expired for | 15 | | more than 6 months but less than 36 months may apply for | 16 | | reinstatement by the Department. Reinstatement shall | 17 | | require that the applicant (i) submit satisfactory proof | 18 | | of completion of continuing medical education and clinical | 19 | | requirements to be prescribed by the Department in an | 20 | | administrative rule; (ii) submit a positive recommendation | 21 | | from an Illinois EMS Medical Director attesting to the | 22 | | applicant's qualifications for retesting; and (iii) pass a | 23 | | Department approved test for the level of EMS personnel | 24 | | license sought to be reinstated.
| 25 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | 26 | | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
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| 1 | | qualifies, based on standards and procedures established | 2 | | by
the Department in rules adopted pursuant to this Act.
| 3 | | (7) Charge a fee for EMS personnel examination, | 4 | | licensure, and license renewal.
| 5 | | (8) Suspend, revoke, or refuse to issue or renew the
| 6 | | license of any licensee, after an opportunity for an | 7 | | impartial hearing before a neutral administrative law | 8 | | judge appointed by the Director, where the preponderance | 9 | | of the evidence shows one or more of the following:
| 10 | | (A) The licensee has not met continuing
education | 11 | | or relicensure requirements as prescribed by the | 12 | | Department;
| 13 | | (B) The licensee has failed to maintain
| 14 | | proficiency in the level of skills for which he or she | 15 | | is licensed;
| 16 | | (C) The licensee, during the provision of
medical | 17 | | services, engaged in dishonorable, unethical, or
| 18 | | unprofessional conduct of a character likely to | 19 | | deceive,
defraud, or harm the public;
| 20 | | (D) The licensee has failed to maintain or
has | 21 | | violated standards of performance and conduct as | 22 | | prescribed
by the Department in rules adopted pursuant | 23 | | to this Act or
his or her EMS System's Program Plan;
| 24 | | (E) The licensee is physically impaired to
the | 25 | | extent that he or she cannot physically perform the | 26 | | skills and
functions for which he or she is licensed, |
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| 1 | | as verified by a
physician, unless the person is on | 2 | | inactive status pursuant
to Department regulations;
| 3 | | (F) The licensee is mentally impaired to the
| 4 | | extent that he or she cannot exercise the appropriate | 5 | | judgment,
skill and safety for performing the | 6 | | functions for which he
or she is licensed, as verified | 7 | | by a physician, unless the person
is on inactive | 8 | | status pursuant to Department regulations;
| 9 | | (G) The licensee has violated this Act or any
rule | 10 | | adopted by the Department pursuant to this Act; or | 11 | | (H) The licensee has been convicted (or entered a | 12 | | plea of guilty or nolo contendere nolo-contendere ) by | 13 | | a court of competent jurisdiction of a Class X, Class | 14 | | 1, or Class 2 felony in this State or an out-of-state | 15 | | equivalent offense. | 16 | | (9) Prescribe education and training requirements in | 17 | | the administration and use of opioid antagonists for all | 18 | | levels of EMS personnel based on the National EMS | 19 | | Educational Standards and any modifications to those | 20 | | curricula specified by the Department through rules | 21 | | adopted pursuant to this Act. | 22 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | 23 | | PHAPRN, PHPA, or PHRN who is a member of the Illinois National | 24 | | Guard or an Illinois State Trooper or who exclusively serves | 25 | | as a volunteer for units of local government with a population | 26 | | base of less than 5,000 or as a volunteer
for a not-for-profit |
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| 1 | | organization that serves a service area
with a population base | 2 | | of less than 5,000 may submit an application to the Department | 3 | | for a waiver of the fees described under paragraph (7) of | 4 | | subsection (d) of this Section on a form prescribed by the | 5 | | Department. | 6 | | The education requirements prescribed by the Department | 7 | | under this Section must allow for the suspension of those | 8 | | requirements in the case of a member of the armed services or | 9 | | reserve forces of the United States or a member of the Illinois | 10 | | National Guard who is on active duty pursuant to an executive | 11 | | order of the President of the United States, an act of the | 12 | | Congress of the United States, or an order of the Governor at | 13 | | the time that the member would otherwise be required to | 14 | | fulfill a particular education requirement. Such a person must | 15 | | fulfill the education requirement within 6 months after his or | 16 | | her release from active duty.
| 17 | | (e) In the event that any rule of the
Department or an EMS | 18 | | Medical Director that requires testing for drug
use as a | 19 | | condition of the applicable EMS personnel license conflicts | 20 | | with or
duplicates a provision of a collective bargaining | 21 | | agreement
that requires testing for drug use, that rule shall | 22 | | not
apply to any person covered by the collective bargaining
| 23 | | agreement.
| 24 | | (f) At the time of applying for or renewing his or her | 25 | | license, an applicant for a license or license renewal may | 26 | | submit an email address to the Department. The Department |
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| 1 | | shall keep the email address on file as a form of contact for | 2 | | the individual. The Department shall send license renewal | 3 | | notices electronically and by mail to a licensee all licensees | 4 | | who provides provide the Department with his or her email | 5 | | address. The notices shall be sent at least 60 days prior to | 6 | | the expiration date of the license. | 7 | | (Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19; | 8 | | 101-153, eff. 1-1-20; revised 12-3-19.)
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