Full Text of HB5765 95th General Assembly
HB5765 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5765
Introduced , by Rep. Rich Brauer SYNOPSIS AS INTRODUCED: |
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Amends the Emergency Medical Services (EMS) Systems Act. Provides that in an EMS Region with both a Level I Trauma Center and a Level II Trauma Center, if a patient meets or potentially meets Trauma Declaration Criteria as established by the Department of Public Health and the Trauma Program Plan and has not been treated at a medical facility for his or her trauma, a vehicle service provider shall transport the patient from the place where the trauma occurred or where the patient is found to the Level I Trauma Center, regardless of the patient's choice of a trauma center. Effective immediately.
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A BILL FOR
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HB5765 |
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LRB095 15702 DRJ 43994 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Emergency Medical Services (EMS) Systems Act | 5 |
| is amended by changing Section 3.20 as follows:
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| (210 ILCS 50/3.20)
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| Sec. 3.20. Emergency Medical Services (EMS) Systems.
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| (a) "Emergency Medical Services (EMS) System" means an
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| organization of hospitals, vehicle service providers and
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| 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
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| 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.
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| (b) One hospital in each System program plan must be
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| 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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LRB095 15702 DRJ 43994 b |
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| 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.
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| (c) The Department shall have the authority and
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| responsibility to:
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| (1) Approve BLS, ILS and ALS level EMS Systems which
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| meet minimum standards and criteria established in rules
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| adopted by the Department pursuant to this Act, including
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| the submission of a Program Plan for Department approval.
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| Beginning September 1, 1997, the Department shall approve
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| the development of a new EMS System only when a local or
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| regional need for establishing such System has been
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| identified. This shall not be construed as a needs | 16 |
| assessment for health
planning or
other purposes outside of | 17 |
| this Act.
Following Department approval, EMS Systems must
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| be fully operational within one year from the date of
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| approval.
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| (2) Monitor EMS Systems, based on minimum standards for
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| continuing operation as prescribed in rules adopted by the
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| Department pursuant to this Act, which shall include
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| requirements for submitting Program Plan amendments to the
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| Department for approval.
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| (3) Renew EMS System approvals every 4 years, after
an | 26 |
| inspection, based on compliance with the standards for
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LRB095 15702 DRJ 43994 b |
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| continuing operation prescribed in rules adopted by the
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| Department pursuant to this Act.
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| (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
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| previously approved Program Plan.
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| (5) Require each EMS System to adopt written protocols
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| for the bypassing of or diversion to any hospital, trauma
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| 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 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, or the transport is in
accordance with | 19 |
| the System's protocols for patient
choice or refusal. In an | 20 |
| EMS Region with both a Level I Trauma Center and a Level II | 21 |
| Trauma Center, if a patient meets or potentially meets | 22 |
| Trauma Declaration Criteria as established by the | 23 |
| Department and the Trauma Program Plan and has not been | 24 |
| treated at a medical facility for his or her trauma, a | 25 |
| vehicle service provider as defined in Section 3.85 shall | 26 |
| transport the patient from the place where the trauma |
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LRB095 15702 DRJ 43994 b |
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| occurred or where the patient is found to the Level I | 2 |
| Trauma Center, regardless of the patient's choice of a | 3 |
| trauma center.
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| (6) Require that the EMS Medical Director of an ILS or
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| ALS level EMS System be a physician licensed to practice
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| medicine in all of its branches in Illinois, and certified | 7 |
| by
the American Board of Emergency Medicine or the American | 8 |
| Board
of Osteopathic Emergency Medicine, and that the EMS | 9 |
| Medical
Director of a BLS level EMS System be a physician | 10 |
| licensed to
practice medicine in all of its branches in | 11 |
| Illinois, with
regular and frequent involvement in | 12 |
| pre-hospital emergency
medical services. In addition, all | 13 |
| EMS Medical Directors shall:
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| (A) Have experience on an EMS vehicle at the
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| highest level available within the System, or make | 16 |
| provision
to gain such experience within 12 months | 17 |
| prior to the
date responsibility for the System is | 18 |
| assumed or within 90
days after assuming the position;
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| (B) Be thoroughly knowledgeable of all skills
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| included in the scope of practices of all levels of EMS
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| personnel within the System;
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| (C) Have or make provision to gain experience
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| instructing students at a level similar to that of the | 24 |
| levels
of EMS personnel within the System; and
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| (D) For ILS and ALS EMS Medical Directors,
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| successfully complete a Department-approved EMS |
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| Medical
Director's Course.
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| (7) Prescribe statewide EMS data elements to be
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| collected and documented by providers in all EMS Systems | 4 |
| for
all emergency and non-emergency medical services, with | 5 |
| a
one-year phase-in for commencing collection of such data
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| elements.
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| (8) Define, through rules adopted pursuant to this Act,
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| the terms "Resource Hospital", "Associate Hospital",
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| "Participating Hospital", "Basic Emergency Department",
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| "Standby Emergency Department", "Comprehensive Emergency | 11 |
| Department", "EMS
Medical Director", "EMS Administrative
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| Director", and "EMS System Coordinator".
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| (A) Upon the effective date of this amendatory Act | 14 |
| of 1995,
all existing Project Medical Directors shall | 15 |
| be considered EMS
Medical Directors, and all persons | 16 |
| serving in such capacities
on the effective date of | 17 |
| this amendatory Act of 1995 shall be exempt from
the | 18 |
| requirements of paragraph (7) of this subsection;
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| (B) Upon the effective date of this amendatory Act | 20 |
| of 1995, all
existing EMS System Project Directors | 21 |
| shall be considered EMS
Administrative Directors.
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| (9) Investigate the
circumstances that caused a | 23 |
| hospital
in an EMS system
to go on
bypass status to | 24 |
| determine whether that hospital's decision to go on bypass
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| status was reasonable. The Department may impose | 26 |
| sanctions, as
set forth in Section 3.140 of the Act, upon a |
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| Department determination that the
hospital unreasonably
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| went on bypass status in violation of the Act.
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| (10) Evaluate the capacity and performance of any | 4 |
| freestanding emergency center established under Section | 5 |
| 32.5 of this Act in meeting emergency medical service needs | 6 |
| of the public, including compliance with applicable | 7 |
| emergency medical standards and assurance of the | 8 |
| availability of and immediate access to the highest quality | 9 |
| of medical care possible.
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| (Source: P.A. 95-584, eff. 8-31-07.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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