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[ House Amendment 002 ] |
92_SB1329enr SB1329 Enrolled LRB9201653LBgc 1 AN ACT regarding emergency medical services. 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 Sections 3.50, 3.55, and 3.155 as 6 follows: 7 (210 ILCS 50/3.50) 8 Sec. 3.50. Emergency Medical Technician (EMT) Licensure. 9 (a) "Emergency Medical Technician-Basic" or "EMT-B" 10 means a person who has successfully completed a course of 11 instruction in basic life support as prescribed by the 12 Department, is currently licensed by the Department in 13 accordance with standards prescribed by this Act and rules 14 adopted by the Department pursuant to this Act, and practices 15 within an EMS System. 16 (b) "Emergency Medical Technician-Intermediate" or 17 "EMT-I" means a person who has successfully completed a 18 course of instruction in intermediate life support as 19 prescribed by the Department, is currently licensed by the 20 Department in accordance with standards prescribed by this 21 Act and rules adopted by the Department pursuant to this Act, 22 and practices within an Intermediate or Advanced Life Support 23 EMS System. 24 (c) "Emergency Medical Technician-Paramedic" or "EMT-P" 25 means a person who has successfully completed a course of 26 instruction in advanced life support care as prescribed by 27 the Department, is licensed by the Department in accordance 28 with standards prescribed by this Act and rules adopted by 29 the Department pursuant to this Act, and practices within an 30 Advanced Life Support EMS System. 31 (d) The Department shall have the authority and SB1329 Enrolled -2- LRB9201653LBgc 1 responsibility to: 2 (1) Prescribe education and training requirements, 3 which includes training in the use of epinephrine, for 4 all levels of EMT, based on the respective national 5 curricula of the United States Department of 6 Transportation and any modifications to such curricula 7 specified by the Department through rules adopted 8 pursuant to this Act; 9 (2) Prescribe licensure testing requirements for 10 all levels of EMT, which shall include a requirement that 11 all phases of instruction, training, and field experience 12 be completed before taking the EMT licensure examination. 13 Candidates may elect to take the National Registry of 14 Emergency Medical Technicians examination in lieu of the 15 Department's examination, but are responsible for making 16 their own arrangements for taking the National Registry 17 examination; 18 (3) License individuals as an EMT-B, EMT-I, or 19 EMT-P who have met the Department's education, training 20 and testing requirements; 21 (4) Prescribe annual continuing education and 22 relicensure requirements for all levels of EMT; 23 (5) Relicense individuals as an EMT-B, EMT-I, or 24 EMT-P every 4 years, based on their compliance with 25 continuing education and relicensure requirements; 26 (6) Grant inactive status to any EMT who qualifies, 27 based on standards and procedures established by the 28 Department in rules adopted pursuant to this Act; 29 (7) Charge each candidate for EMT a fee to be 30 submitted with an application for a licensure 31 examination; 32 (8) Suspend, revoke, or refuse to renew the license 33 of an EMT, after an opportunity for a hearing, when 34 findings show one or more of the following: SB1329 Enrolled -3- LRB9201653LBgc 1 (A) The EMT has not met continuing education 2 or relicensure requirements as prescribed by the 3 Department; 4 (B) The EMT has failed to maintain proficiency 5 in the level of skills for which he or she is 6 licensed; 7 (C) The EMT, during the provision of medical 8 services, engaged in dishonorable, unethical or 9 unprofessional conduct of a character likely to 10 deceive, defraud or harm the public; 11 (D) The EMT has failed to maintain or has 12 violated standards of performance and conduct as 13 prescribed by the Department in rules adopted 14 pursuant to this Act or his or her EMS System's 15 Program Plan; 16 (E) The EMT is physically impaired to the 17 extent that he or she cannot physically perform the 18 skills and functions for which he or she is 19 licensed, as verified by a physician, unless the 20 person is on inactive status pursuant to Department 21 regulations; 22 (F) The EMT is mentally impaired to the extent 23 that he or she cannot exercise the appropriate 24 judgment, skill and safety for performing the 25 functions for which he or she is licensed, as 26 verified by a physician, unless the person is on 27 inactive status pursuant to Department regulations; 28 or 29 (G) The EMT has violated this Act or any rule 30 adopted by the Department pursuant to this Act. 31 (e) In the event that any rule of the Department or an 32 EMS Medical Director that requires testing for drug use as a 33 condition for EMT licensure conflicts with or duplicates a 34 provision of a collective bargaining agreement that requires SB1329 Enrolled -4- LRB9201653LBgc 1 testing for drug use, that rule shall not apply to any person 2 covered by the collective bargaining agreement. 3 (Source: P.A. 89-177, eff. 7-19-95.) 4 (210 ILCS 50/3.55) 5 Sec. 3.55. Scope of practice. 6 (a) Any person currently licensed as an EMT-B, EMT-I, or 7 EMT-P may perform emergency and non-emergency medical 8 services as defined in this Act, in accordance with his or 9 her level of education, training and licensure, the standards 10 of performance and conduct prescribed by the Department in 11 rules adopted pursuant to this Act, and the requirements of 12 the EMS System in which he or she practices, as contained in 13 the approved Program Plan for that System. 14 (a-5) A person currently approved as a First Responder 15 or licensed as an EMT-B, EMT-I, or EMT-P who has successfully 16 completed a Department approved course in automated 17 defibrillator operation and who is functioning within a 18 Department approved EMS System may utilize such automated 19 defibrillator according to the standards of performance and 20 conduct prescribed by the Department in rules adopted 21 pursuant to this Act and the requirements of the EMS System 22 in which he or she practices, as contained in the approved 23 Program Plan for that System. 24 (a-7) A person currently licensed as an EMT-B, EMT-I, or 25 EMT-P who has successfully completed a Department approved 26 course in the administration of epinephrine, shall be 27 required to carry epinephrine with him or her as part of the 28 EMT medical supplies whenever he or she is performing the 29 duties of an emergency medical technician. 30 (b) A person currently licensed as an EMT-B, EMT-I, or 31 EMT-P may only practice as an EMT or utilize his or her EMT 32 license in pre-hospital or inter-hospital emergency care 33 settings or non-emergency medical transport situations, under SB1329 Enrolled -5- LRB9201653LBgc 1 the written or verbal direction of the EMS Medical Director. 2 For purposes of this Section, a "pre-hospital emergency care 3 setting" may include a location, that is not a health care 4 facility, which utilizes EMTs to render pre-hospital 5 emergency care prior to the arrival of a transport vehicle. 6 The location shall include communication equipment and all of 7 the portable equipment and drugs appropriate for the EMT's 8 level of care, as required by this Act, rules adopted by the 9 Department pursuant to this Act, and the protocols of the EMS 10 Systems, and shall operate only with the approval and under 11 the direction of the EMS Medical Director. 12 This Section shall not prohibit an EMT-B, EMT-I, or EMT-P 13 from practicing within an emergency department or other 14 health care setting for the purpose of receiving continuing 15 education or training approved by the EMS Medical Director. 16 This Section shall also not prohibit an EMT-B, EMT-I, or 17 EMT-P from seeking credentials other than his or her EMT 18 license and utilizing such credentials to work in emergency 19 departments or other health care settings under the 20 jurisdiction of that employer. 21 (c) A person currently licensed as an EMT-B, EMT-I, or 22 EMT-P may honor Do Not Resuscitate (DNR) orders and powers of 23 attorney for health care only in accordance with rules 24 adopted by the Department pursuant to this Act and protocols 25 of the EMS System in which he or she practices. 26 (d) A student enrolled in a Department approved 27 emergency medical technician program, while fulfilling the 28 clinical training and in-field supervised experience 29 requirements mandated for licensure or approval by the System 30 and the Department, may perform prescribed procedures under 31 the direct supervision of a physician licensed to practice 32 medicine in all of its branches, a qualified registered 33 professional nurse or a qualified EMT, only when authorized 34 by the EMS Medical Director. SB1329 Enrolled -6- LRB9201653LBgc 1 (Source: P.A. 89-177, eff. 7-19-95; 90-440, eff. 1-1-98.) 2 (210 ILCS 50/3.155) 3 Sec. 3.155. General Provisions. 4 (a) Authority and responsibility for the EMS System 5 shall be vested in the EMS Resource Hospital, through the EMS 6 Medical Director or his designee. 7 (b) For an inter-hospital emergency or non-emergency 8 medical transport, in which the physician from the sending 9 hospital provides the EMS personnel with written medical 10 orders, such written medical orders cannot exceed the scope 11 of care which the EMS personnel are authorized to render 12 pursuant to this Act. 13 (c) For an inter-hospital emergency or non-emergency 14 medical transport of a patient who requires medical care 15 beyond the scope of care which the EMS personnel are 16 authorized to render pursuant to this Act, a qualified 17 physician, nurse, perfusionist, or respiratory therapist 18 familiar with the scope of care needed must accompany the 19 patient and the transferring hospital and physician shall 20 assume medical responsibility for that portion of the medical 21 care. 22 (d) No emergency medical services vehicles or personnel 23 from another State or nation may be utilized on a regular 24 basis to pick up and transport patients within this State 25 without first complying with this Act and all rules adopted 26 by the Department pursuant to this Act. 27 (e) This Act shall not prevent emergency medical 28 services vehicles or personnel from another State or nation 29 from rendering requested assistance in this State in a 30 disaster situation, or operating from a location outside the 31 State and occasionally transporting patients into this State 32 for needed medical care. Except as provided in Section 31 of 33 this Act, this Act shall not provide immunity from liability SB1329 Enrolled -7- LRB9201653LBgc 1 for such activities. 2 (f) Except as provided in subsection (e) of this 3 Section, no person or entity shall transport emergency or 4 non-emergency patients by ambulance, SEMSV, or medical 5 carrier without first complying with the provisions of this 6 Act and all rules adopted pursuant to this Act. 7 (g) Nothing in this Act or the rules adopted by the 8 Department under this Act shall be construed to authorize any 9 medical treatment to or transportation of any person who 10 objects on religious grounds. 11 (h) Patients, individuals who accompany a patient, and 12 emergency medical services personnel may not smoke while 13 inside an ambulance or SEMSV. The Department of Public 14 Health may impose a civil penalty on an individual who 15 violates this subsection in the amount of $100. 16 (Source: P.A. 89-177, eff. 7-19-95.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.