State of Illinois
92nd General Assembly
Legislation

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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.

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