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91_SB0669
LRB9105609ACtm
1 AN ACT to amend the Emergency Medical Services (EMS)
2 Systems Act by adding Section 3.51.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Emergency Medical Services (EMS) Systems
6 Act is amended by adding Section 3.51 as follows:
7 (210 ILCS 50/3.51 new)
8 Sec. 3.51 Emergency Medical Technician (EMT) criminal
9 history records check.
10 (a) Beginning January 1, 2000, all applicants for
11 initial EMT licensure shall submit to a fingerprint-based
12 criminal history record check conducted by the Department of
13 State Police pursuant to the Illinois Uniform Conviction
14 Information Act.
15 (b) The applicant shall submit proof of live scan
16 fingerprinting and a fee covering the cost of the criminal
17 history record check with the application for licensure. Any
18 application for licensure that does not contain the proof of
19 live scan fingerprinting and the fee will not be processed.
20 (c) Beginning July 1, 2000, all applicants for renewal
21 of EMT licensure shall submit to a fingerprint-based criminal
22 history record check conducted by the Department of State
23 Police pursuant to the Illinois Uniform Conviction
24 Information Act.
25 (d) Fingerprint images submitted in accordance with
26 subsections (a) and (c) of this Section shall be maintained
27 by the Department of State Police, which shall notify the
28 Department of any convictions of the individual and
29 subsequent convictions of the individual.
30 (e) After January 1, 2000 or July 1, 2000, as
31 applicable, the Department shall not issue a license or
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1 renewal of a license to any individual who has been convicted
2 of committing or attempting to commit one or more of the
3 following offenses, unless the applicant or licensee obtains
4 a waiver pursuant to subsection (g):
5 (1) the offenses defined in Sections 8-1.1, 8-1.2,
6 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 10-1,
7 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6, 11-9.1,
8 11-19.2, 11-20.1, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
9 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-13, 12-14,
10 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
11 12-33, 16-1.3, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1,
12 24-1.2, and 25-1.5 of the Criminal Code of 1961;
13 (2) the offenses defined in Sections 5, 5.1, 5.2,
14 7, and 9 of the Cannabis Control Act;
15 (3) the offenses defined in Sections 401, 401.1,
16 404, 405, 405.1, 407, and 407.1 of the Illinois
17 Controlled Substances Act;
18 (4) the offenses defined in Sections 12-1, 12-3,
19 12-3.1, 12-3.2, 12-11, 16-1, 16A-3, 17-3, 18-1, 19-1,
20 19-3, 19-4, 24-1, and 33A-2 of the Criminal Code of 1961
21 if the conviction was within the 7 years prior to the
22 date of the criminal history record check;
23 (5) the following offenses, unless the conviction
24 occurred more than 12 months prior to the date of the
25 criminal history record check and the applicant or
26 licensee provides documentation of participation in a
27 recognized alcohol or drug recovery program:
28 (A) the offenses defined in Section 11-501 of
29 the Illinois Vehicle Code;
30 (B) the offenses defined in Section 4 of the
31 Cannabis Control Act;
32 (C) the offenses defined in Section 402 of the
33 Illinois Controlled Substances Act.
34 (f) An applicant for renewal of an EMT license whose
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1 criminal history record check includes a conviction listed in
2 subsection (e) shall have up to 90 days after the date that
3 the Department receives the results of criminal history
4 record check to request a waiver in accordance with
5 subsection (g).
6 (g) The Department may grant a waiver based upon any
7 mitigating circumstances, which may include, but need not be
8 limited to:
9 (1) the age of the applicant or licensee when the
10 crime was committed;
11 (2) the circumstances surrounding the crime;
12 (3) the length of time since the conviction;
13 (4) the applicant's or licensee's criminal history
14 since the conviction;
15 (5) the applicant's or licensee's work history;
16 (6) the applicant's or licensee's current
17 employment references;
18 (7) the applicant's or licensee's character
19 references; or
20 (8) other evidence demonstrating the ability of the
21 applicant or licensee to perform the responsibilities of
22 an EMT competently and evidence that the applicant or
23 licensee does not pose a threat to the health or safety
24 of patients.
25 (h) The Department shall be immune from liability for
26 any waivers granted under this Section.
27 (i) Each EMS System shall develop a policy governing the
28 employment of a licensee who has been granted a waiver under
29 this Section and governing employment of an applicant for
30 licensure renewal during the 90-day period during which the
31 waiver is being processed.
32 (j) Licensed EMTs shall inform the Department of any
33 change of address. If the Department receives notification
34 from the Department of State Police of any subsequent
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1 disqualifying convictions, the Department shall notify the
2 EMT and shall request information required to consider a
3 waiver under this Section. If the EMT does not respond to
4 the request within 30 days after the date that the request
5 for information was mailed, the Department shall revoke the
6 EMT's license. The Department shall notify the EMS Medical
7 Director of the EMS System in which the EMT is employed of
8 any licensure revocation taken under this Section. The EMS
9 System shall have policies in place to address such
10 revocation.
11 (k) Educational institutions that offer EMT courses
12 shall counsel students on or before the first day of class
13 concerning the requirements of this Section.
14 (l) An applicant for reciprocal licensure as an EMT who
15 has fewer than 3 years of Illinois residency shall submit to
16 a national criminal history record check through the Federal
17 Bureau of Investigation.