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| Public Act 100-1082 | ||||
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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 | ||||
is amended by changing Sections 3.5, 3.35, 3.40, 3.45, 3.50, | ||||
3.55, 3.65, 3.80, 3.87, and 3.165 as follows:
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(210 ILCS 50/3.5)
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Sec. 3.5. Definitions. As used in this Act:
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"Clinical observation" means the on-going observation of a | ||||
patient's condition by a licensed health care professional | ||||
utilizing a medical skill set while continuing assessment and | ||||
care. | ||||
"Department" means the Illinois Department of Public | ||||
Health.
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"Director" means the Director of the Illinois Department of | ||||
Public Health.
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"Emergency" means a medical condition of recent onset and | ||||
severity that
would lead a prudent layperson, possessing an | ||||
average knowledge of medicine and
health, to believe that | ||||
urgent or unscheduled medical care is required.
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"Emergency Medical Services personnel" or "EMS personnel" | ||||
means persons licensed as an Emergency Medical Responder (EMR) | ||||
(First Responder), Emergency Medical Dispatcher (EMD), | ||||
Emergency Medical Technician (EMT), Emergency Medical | ||
Technician-Intermediate (EMT-I), Advanced Emergency Medical | ||
Technician (A-EMT), Paramedic (EMT-P), Emergency | ||
Communications Registered Nurse (ECRN), or Pre-Hospital | ||
Registered Nurse (PHRN), Pre-Hospital Advanced Practice | ||
Registered Nurse (PHAPRN), or Pre-Hospital Physician Assistant | ||
(PHPA). | ||
"Health care facility" means a hospital,
nursing home, | ||
physician's office or other fixed location at which
medical and | ||
health care services are performed. It does not
include | ||
"pre-hospital emergency care settings" which utilize EMS | ||
personnel to render
pre-hospital emergency care prior to the
| ||
arrival of a transport vehicle, as defined in this Act.
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"Hospital" has the meaning ascribed to that
term in the | ||
Hospital Licensing Act.
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"Medical monitoring" means the performance of medical | ||
tests and physical exams to evaluate an individual's on-going | ||
exposure to a factor that could negatively impact that person's | ||
health. "Medical monitoring" includes close surveillance or | ||
supervision of patients liable to suffer deterioration in | ||
physical or mental health and checks of various parameters such | ||
as pulse rate, temperature, respiration rate, the condition of | ||
the pupils, the level of consciousness and awareness, the | ||
degree of appreciation of pain, and blood gas concentrations | ||
such as oxygen and carbon dioxide. | ||
"Trauma" means any significant injury which
involves | ||
single or multiple organ systems.
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(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)
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(210 ILCS 50/3.35)
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Sec. 3.35. Emergency Medical Services (EMS) Resource
| ||
Hospital; Functions.
The Resource Hospital of an EMS System | ||
shall:
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(a) Prepare a Program Plan in accordance with the
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provisions of this Act and minimum standards and criteria
| ||
established in rules adopted by the Department pursuant to
| ||
this Act, and submit such Program Plan to the Department | ||
for
approval.
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(b) Appoint an EMS Medical Director, who will
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continually monitor and supervise the System and who will
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have the responsibility and authority for total management
| ||
of the System as delegated by the EMS Resource Hospital.
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The Program Plan shall require the EMS Medical Director | ||
to
appoint an alternate EMS Medical Director and establish | ||
a
written protocol addressing the functions to be carried | ||
out
in his or her absence.
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(c) Appoint an EMS System Coordinator and EMS
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Administrative Director in consultation with the EMS | ||
Medical
Director and in accordance with rules adopted by | ||
the Department
pursuant to this Act.
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(d) Identify potential EMS System participants and
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obtain commitments from them for the provision of services.
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(e) Educate or coordinate the education of EMS | ||
personnel and all other license holders in accordance with | ||
the requirements of this Act,
rules adopted by the | ||
Department pursuant to this Act, and
the EMS System Program | ||
Plan.
| ||
(f) Notify the Department of EMS personnel
who have | ||
successfully completed the requirements as provided by law | ||
for initial licensure, license renewal, and license | ||
reinstatement
by the Department.
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(g) Educate or coordinate the education of Emergency
| ||
Medical Dispatcher candidates, in accordance with the
| ||
requirements of this Act, rules adopted by the Department
| ||
pursuant to this Act, and the EMS System Program Plan.
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(h) Establish or approve protocols for prearrival
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medical instructions to callers by System Emergency | ||
Medical
Dispatchers who provide such instructions.
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(i) Educate or coordinate the education of
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Pre-Hospital Registered Nurse, Pre-Hospital Advanced | ||
Practice Registered Nurse, Pre-Hospital Physician | ||
Assistant, and ECRN candidates, in accordance with the | ||
requirements of
this Act, rules adopted by the Department
| ||
pursuant to this Act, and the EMS System Program Plan.
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(j) Approve Pre-Hospital Registered Nurse, | ||
Pre-Hospital Advanced Practice Registered Nurse, | ||
Pre-Hospital Physician Assistant, and ECRN candidates to
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practice within the System, and reapprove Pre-Hospital | ||
Registered Nurses, Pre-Hospital Advanced Practice | ||
Registered Nurses, Pre-Hospital Physician Assistants,
and | ||
ECRNs every 4 years in accordance with the
requirements of | ||
the Department and the System Program Plan.
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(k) Establish protocols for the use of Pre-Hospital | ||
Registered Nurses, Pre-Hospital Advanced Practice | ||
Registered Nurses, and Pre-Hospital Physician Assistants
| ||
within the System.
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(l) Establish protocols for utilizing ECRNs and
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physicians licensed to practice medicine in all of its
| ||
branches to monitor telecommunications from, and give | ||
voice
orders to, EMS personnel, under the authority of the | ||
EMS
Medical Director.
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(m) Monitor emergency and non-emergency medical
| ||
transports within the System, in accordance with rules
| ||
adopted by the Department pursuant to this Act.
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(n) Utilize levels of personnel required by the
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Department to provide emergency care to the sick and | ||
injured
at the scene of an emergency, during transport to a | ||
hospital
or during inter-hospital transport and within the | ||
hospital
emergency department until the responsibility for | ||
the care
of the patient is assumed by the medical personnel | ||
of a
hospital emergency department or other facility within | ||
the
hospital to which the patient is first delivered by | ||
System
personnel.
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(o) Utilize levels of personnel required by the
| ||
Department to provide non-emergency medical services | ||
during
transport to a health care facility and within the | ||
health
care facility until the responsibility for the care | ||
of the
patient is assumed by the medical personnel of the | ||
health
care facility to which the patient is delivered by | ||
System
personnel.
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(p) Establish and implement a program for System
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participant information and education, in accordance with
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rules adopted by the Department pursuant to this Act.
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(q) Establish and implement a program for public
| ||
information and education, in accordance with rules | ||
adopted
by the Department pursuant to this Act.
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(r) Operate in compliance with the EMS Region Plan.
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(Source: P.A. 98-973, eff. 8-15-14.)
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(210 ILCS 50/3.40)
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Sec. 3.40. EMS System Participation Suspensions and
Due | ||
Process. | ||
(a) An EMS Medical Director may suspend from
participation | ||
within the System any EMS personnel, EMS Lead Instructor (LI), | ||
individual, individual
provider or other participant | ||
considered not to be meeting
the requirements of the Program | ||
Plan of that approved EMS
System.
| ||
(b) Prior to suspending any individual or entity, an EMS | ||
Medical Director
shall provide an opportunity for a hearing | ||
before the
local System review board in accordance with | ||
subsection (f) and the rules
promulgated by the Department.
| ||
(1) If the local System review board affirms or | ||
modifies the EMS Medical
Director's suspension order, the | ||
individual or entity shall have the opportunity for
a | ||
review of the local board's decision by the State EMS | ||
Disciplinary Review
Board, pursuant to Section 3.45 of this | ||
Act.
| ||
(2) If the local System review board reverses or | ||
modifies the EMS Medical
Director's order, the EMS Medical | ||
Director shall have the
opportunity for a review of the | ||
local board's decision by the State EMS
Disciplinary Review | ||
Board, pursuant to Section 3.45 of this Act.
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(3) The suspension shall commence only upon the | ||
occurrence of one of the
following:
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(A) the individual or entity has waived the | ||
opportunity for a hearing before
the local System | ||
review board; or
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(B) the order has been affirmed or modified by the | ||
local system review
board
and the individual or entity | ||
has waived the opportunity for review by the State
| ||
Board; or
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(C) the order has been affirmed or modified by the | ||
local system review
board,
and the local board's | ||
decision has been affirmed or modified by the State
| ||
Board.
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(c) An EMS Medical Director may immediately suspend an EMR, | ||
EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, | ||
PHAPRN, or other individual or entity if he or she finds that | ||
the
continuation in practice by the individual or entity would | ||
constitute an
imminent danger to the public. The suspended | ||
individual or entity shall be
issued an immediate verbal | ||
notification followed by a written suspension order
by the EMS | ||
Medical Director which states the
length, terms and basis for | ||
the suspension.
| ||
(1) Within 24 hours following the commencement of the | ||
suspension, the EMS
Medical Director shall deliver to the | ||
Department, by messenger, telefax, or other | ||
Department-approved electronic communication, a
copy of | ||
the suspension order and copies of any written materials | ||
which relate
to the EMS Medical Director's decision to | ||
suspend the individual or entity. All medical and | ||
patient-specific information, including Department | ||
findings with respect to the quality of care rendered, | ||
shall be strictly confidential pursuant to the Medical | ||
Studies Act (Part 21 of Article VIII of the Code of Civil | ||
Procedure).
| ||
(2) Within 24 hours following the commencement of the | ||
suspension, the
suspended individual or entity may deliver | ||
to the Department, by messenger,
telefax, or other | ||
Department-approved electronic communication, a written | ||
response to the suspension order and copies of any written
| ||
materials which the individual or entity feels are | ||
appropriate. All medical and patient-specific information, | ||
including Department findings with respect to the quality | ||
of care rendered, shall be strictly confidential pursuant | ||
to the Medical Studies Act.
| ||
(3) Within 24 hours following receipt of the EMS | ||
Medical Director's
suspension order or the individual or | ||
entity's written response, whichever is later,
the | ||
Director or the Director's designee shall determine | ||
whether the suspension
should be stayed pending an | ||
opportunity for a hearing or
review in accordance with this | ||
Act, or whether the suspension should continue
during the | ||
course of that hearing or review. The Director or the | ||
Director's
designee shall issue this determination to the | ||
EMS Medical Director, who shall
immediately notify the | ||
suspended individual or entity. The suspension shall | ||
remain
in effect during this period of review by the | ||
Director or the Director's
designee.
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(d) Upon issuance of a suspension order for reasons | ||
directly related to
medical care, the EMS Medical Director | ||
shall also provide the individual or entity
with the | ||
opportunity for a hearing before the local System review board, | ||
in
accordance with subsection (f) and the rules promulgated by | ||
the Department.
| ||
(1) If the local System review board affirms or | ||
modifies the EMS Medical
Director's suspension order, the | ||
individual or entity shall have the opportunity for
a | ||
review of the local board's decision by the State EMS | ||
Disciplinary Review
Board, pursuant to Section 3.45 of this | ||
Act.
| ||
(2) If the local System review board reverses or | ||
modifies the EMS Medical
Director's suspension order, the | ||
EMS Medical Director shall have the
opportunity for a | ||
review of the local board's decision by the State EMS
| ||
Disciplinary Review Board, pursuant to Section 3.45 of this | ||
Act.
| ||
(3) The suspended individual or entity may elect to | ||
bypass the local System review board
and seek direct review | ||
of the EMS Medical Director's suspension order by the
State | ||
EMS Disciplinary Review Board.
| ||
(e) The Resource Hospital shall designate a local System | ||
review board in
accordance with the rules of the Department, | ||
for the purpose of providing a
hearing to any individual or | ||
entity participating within the
System who is suspended from | ||
participation by the EMS Medical Director. The
EMS Medical | ||
Director shall arrange for a certified shorthand reporter to | ||
make a
stenographic record of that hearing and thereafter | ||
prepare a transcript of the
proceedings. The transcript, all | ||
documents or materials received as evidence
during the hearing | ||
and the local System review board's written decision shall
be | ||
retained in the custody of the EMS system. The System shall | ||
implement a
decision of the local System review board unless | ||
that decision has been
appealed to the State Emergency Medical | ||
Services Disciplinary Review Board in
accordance with this Act | ||
and the rules of the Department.
| ||
(f) The Resource Hospital shall implement a decision of the | ||
State Emergency
Medical Services Disciplinary Review Board | ||
which has been rendered in
accordance with this Act and the | ||
rules of the Department.
| ||
(Source: P.A. 100-201, eff. 8-18-17.)
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(210 ILCS 50/3.45)
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Sec. 3.45. State Emergency Medical Services Disciplinary
| ||
Review Board. | ||
(a) The Governor shall appoint a State Emergency
Medical | ||
Services Disciplinary Review Board, composed of an
EMS Medical | ||
Director, an EMS System Coordinator, a Paramedic, an Emergency
| ||
Medical Technician (EMT), and the following members,
who shall | ||
only review cases in which a party is from the
same | ||
professional category: a Pre-Hospital Registered Nurse, a | ||
Pre-Hospital Advanced Practice Registered Nurse, a | ||
Pre-Hospital Physician Assistant, an ECRN, a
Trauma Nurse | ||
Specialist, an Emergency Medical
Technician-Intermediate | ||
(EMT-I), an Advanced Emergency Medical Technician (A-EMT), a | ||
representative from a
private vehicle service provider, a | ||
representative from a
public vehicle service provider, and an | ||
emergency physician
who monitors telecommunications from and | ||
gives voice orders
to EMS personnel. The Governor shall also | ||
appoint one
alternate for each member of the Board, from the | ||
same
professional category as the member of the Board.
| ||
(b) The members
shall be appointed for a term of 3 years. | ||
All appointees
shall serve until their successors are | ||
appointed. The
alternate members shall be appointed and serve | ||
in the same
fashion as the members of the Board. If a member | ||
resigns
his or her appointment, the corresponding alternate | ||
shall serve the
remainder of that member's term until a | ||
subsequent member is
appointed by the Governor.
| ||
(c) The function of the Board is to review and affirm,
| ||
reverse or modify disciplinary orders.
| ||
(d) Any individual or entity, who received an immediate | ||
suspension from an EMS
Medical Director may request the Board | ||
to reverse or modify
the suspension order. If the suspension | ||
had been affirmed
or modified by a local System review board, | ||
the suspended individual or entity
may request the Board to | ||
reverse or modify the
local board's decision.
| ||
(e) Any individual or entity who received a non-immediate | ||
suspension order
from an EMS Medical Director which was | ||
affirmed or modified
by a local System review board may request | ||
the Board to
reverse or modify the local board's decision.
| ||
(f) An EMS Medical Director whose suspension order
was | ||
reversed or modified by a local System review board may
request | ||
the Board to reverse or modify the local board's
decision.
| ||
(g) The Board shall meet on the first
Tuesday of every | ||
month, unless no requests for review have
been submitted. | ||
Additional meetings of the Board shall be
scheduled to ensure | ||
that a request for direct
review of an immediate suspension | ||
order is scheduled within
14 days after the Department receives | ||
the request for review
or as soon thereafter as a quorum is | ||
available. The Board
shall meet in Springfield or Chicago, | ||
whichever location is
closer to the majority of the members or | ||
alternates
attending the meeting. The Department shall | ||
reimburse the
members and alternates of the Board for | ||
reasonable travel
expenses incurred in attending meetings of | ||
the Board.
| ||
(h) A request for review shall be submitted in
writing to | ||
the Chief of the Department's Division of Emergency
Medical | ||
Services and Highway Safety, within 10 days after
receiving the | ||
local board's decision or the EMS Medical
Director's suspension | ||
order, whichever is applicable, a copy
of which shall be | ||
enclosed.
| ||
(i) At its regularly scheduled meetings, the Board
shall | ||
review requests which have been received by the
Department at | ||
least 10 working days prior to the Board's
meeting date. | ||
Requests for review which are received less
than 10 working | ||
days prior to a scheduled meeting shall be
considered at the | ||
Board's next scheduled meeting, except
that requests for direct | ||
review of an immediate suspension
order may be scheduled up to | ||
3 working days prior to the
Board's meeting date.
| ||
(j) A quorum shall be required for the Board to
meet, which | ||
shall consist of 3 members or alternates, including
the EMS | ||
Medical Director or alternate and the member or
alternate from | ||
the same professional category as the subject
of the suspension | ||
order. At each meeting of the Board, the
members or alternates | ||
present shall select a Chairperson to
conduct the meeting.
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(k) Deliberations for decisions of the State EMS
| ||
Disciplinary Review
Board shall be conducted in closed session. | ||
Department
staff may attend for the purpose of providing | ||
clerical
assistance, but no other persons may be in attendance | ||
except
for the parties to the dispute being reviewed by the | ||
Board
and their attorneys, unless by request of the Board.
| ||
(l) The Board shall review the transcript,
evidence and | ||
written decision of the local review board or the
written | ||
decision and supporting documentation of the EMS
Medical | ||
Director, whichever is applicable, along with any
additional | ||
written or verbal testimony or argument offered
by the parties | ||
to the dispute.
| ||
(m) At the conclusion of its review, the Board
shall issue | ||
its decision and the basis for its decision on a form
provided | ||
by the Department, and shall submit to the
Department its | ||
written decision together with the record of
the local System | ||
review board. The Department shall
promptly issue a copy of the | ||
Board's decision to all
affected parties. The Board's decision | ||
shall be binding on
all parties.
| ||
(Source: P.A. 98-973, eff. 8-15-14.)
| ||
(210 ILCS 50/3.50)
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Sec. 3.50. Emergency Medical Services personnel licensure | ||
levels.
| ||
(a) "Emergency Medical Technician" or
"EMT" means a person | ||
who has successfully completed a course in basic life support
| ||
as approved by the
Department, is currently licensed by the | ||
Department in
accordance with standards prescribed by this Act | ||
and rules
adopted by the Department pursuant to this Act, and | ||
practices within an EMS
System. A valid Emergency Medical | ||
Technician-Basic (EMT-B) license issued under this Act shall | ||
continue to be valid and shall be recognized as an Emergency | ||
Medical Technician (EMT) license until the Emergency Medical | ||
Technician-Basic (EMT-B) license expires.
| ||
(b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||
means a person who has successfully completed a
course in | ||
intermediate life support
as approved
by the Department, is | ||
currently licensed by the
Department in accordance with | ||
standards prescribed by this
Act and rules adopted by the | ||
Department pursuant to this
Act, and practices within an | ||
Intermediate or Advanced
Life Support EMS System.
| ||
(b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||
means a person who has successfully completed a course in basic | ||
and limited advanced emergency medical care as approved by the | ||
Department, is currently licensed by the Department in | ||
accordance with standards prescribed by this Act and rules | ||
adopted by the Department pursuant to this Act, and practices | ||
within an Intermediate or Advanced Life Support EMS System. | ||
(c) "Paramedic (EMT-P)" means a person who
has successfully | ||
completed a
course in advanced life support care
as approved
by | ||
the Department, is licensed by the Department
in accordance | ||
with standards prescribed by this Act and
rules adopted by the | ||
Department pursuant to this Act, and
practices within an | ||
Advanced Life Support EMS System. A valid Emergency Medical | ||
Technician-Paramedic (EMT-P) license issued under this Act | ||
shall continue to be valid and shall be recognized as a | ||
Paramedic license until the Emergency Medical | ||
Technician-Paramedic (EMT-P) license expires.
| ||
(c-5) "Emergency Medical Responder" or "EMR (First | ||
Responder)" means a person who has successfully completed a | ||
course in emergency medical response as approved by the | ||
Department and provides emergency medical response services | ||
prior to the arrival of an ambulance or specialized emergency | ||
medical services vehicle, in accordance with the level of care | ||
established by the National EMS Educational Standards | ||
Emergency Medical Responder course as modified by the | ||
Department. An Emergency Medical Responder who provides | ||
services as part of an EMS System response plan shall comply | ||
with the applicable sections of the Program Plan, as approved | ||
by the Department, of that EMS System. The Department shall | ||
have the authority to adopt rules governing the curriculum, | ||
practice, and necessary equipment applicable to Emergency | ||
Medical Responders. | ||
On the effective date of this amendatory Act of the 98th | ||
General Assembly, a person who is licensed by the Department as | ||
a First Responder and has completed a Department-approved | ||
course in first responder defibrillator training based on, or | ||
equivalent to, the National EMS Educational Standards or other | ||
standards previously recognized by the Department shall be | ||
eligible for licensure as an Emergency Medical Responder upon | ||
meeting the licensure requirements and submitting an | ||
application to the Department. A valid First Responder license | ||
issued under this Act shall continue to be valid and shall be | ||
recognized as an Emergency Medical Responder license until the | ||
First Responder license expires. | ||
(c-10) All EMS Systems and licensees shall be fully | ||
compliant with the National EMS Education Standards, as | ||
modified by the Department in administrative rules, within 24 | ||
months after the adoption of the administrative rules. | ||
(d) The Department shall have the authority and
| ||
responsibility to:
| ||
(1) Prescribe education and training requirements, | ||
which
includes training in the use of epinephrine,
for all | ||
levels of EMS personnel except for EMRs, based on the | ||
National EMS Educational Standards
and any modifications | ||
to those curricula specified by the
Department through | ||
rules adopted pursuant to this Act.
| ||
(2) Prescribe licensure testing requirements
for all | ||
levels of EMS personnel, which shall include a requirement | ||
that
all phases of instruction, training, and field | ||
experience be
completed before taking the appropriate | ||
licensure examination.
Candidates may elect to take the | ||
appropriate National Registry examination in lieu of the
| ||
Department's examination, but are responsible for making
| ||
their own arrangements for taking the National Registry
| ||
examination. In prescribing licensure testing requirements | ||
for honorably discharged members of the armed forces of the | ||
United States under this paragraph (2), the Department | ||
shall ensure that a candidate's military emergency medical | ||
training, emergency medical curriculum completed, and | ||
clinical experience, as described in paragraph (2.5), are | ||
recognized.
| ||
(2.5) Review applications for EMS personnel licensure | ||
from
honorably discharged members of the armed forces of | ||
the United States with military emergency medical | ||
training. Applications shall be filed with the Department | ||
within one year after military discharge and shall contain: | ||
(i) proof of successful completion of military emergency | ||
medical training; (ii) a detailed description of the | ||
emergency medical curriculum completed; and (iii) a | ||
detailed description of the applicant's clinical | ||
experience. The Department may request additional and | ||
clarifying information. The Department shall evaluate the | ||
application, including the applicant's training and | ||
experience, consistent with the standards set forth under | ||
subsections (a), (b), (c), and (d) of Section 3.10. If the | ||
application clearly demonstrates that the training and | ||
experience meets such standards, the Department shall | ||
offer the applicant the opportunity to successfully | ||
complete a Department-approved EMS personnel examination | ||
for the level of license for which the applicant is | ||
qualified. Upon passage of an examination, the Department | ||
shall issue a license, which shall be subject to all | ||
provisions of this Act that are otherwise applicable to the | ||
level of EMS personnel
license issued. | ||
(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| ||
or Paramedic who have met the Department's education, | ||
training and
examination requirements.
| ||
(4) Prescribe annual continuing education and
| ||
relicensure requirements for all EMS personnel licensure
| ||
levels.
| ||
(5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||
A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, | ||
based on their compliance with
continuing education and | ||
relicensure requirements as required by the Department | ||
pursuant to this Act. Every 4 years, a Paramedic shall have | ||
100 hours of approved continuing education, an EMT-I and an | ||
advanced EMT shall have 80 hours of approved continuing | ||
education, and an EMT shall have 60 hours of approved | ||
continuing education. An Illinois licensed EMR, EMD, EMT, | ||
EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose | ||
license has been expired for less than 36 months may apply | ||
for reinstatement by the Department. Reinstatement shall | ||
require that the applicant (i) submit satisfactory proof of | ||
completion of continuing medical education and clinical | ||
requirements to be prescribed by the Department in an | ||
administrative rule; (ii) submit a positive recommendation | ||
from an Illinois EMS Medical Director attesting to the | ||
applicant's qualifications for retesting; and (iii) pass a | ||
Department approved test for the level of EMS personnel | ||
license sought to be reinstated.
| ||
(6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||
A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
| ||
qualifies, based on standards and procedures established | ||
by
the Department in rules adopted pursuant to this Act.
| ||
(7) Charge a fee for EMS personnel examination, | ||
licensure, and license renewal.
| ||
(8) Suspend, revoke, or refuse to issue or renew the
| ||
license of any licensee, after an opportunity for an | ||
impartial hearing before a neutral administrative law | ||
judge appointed by the Director, where the preponderance of | ||
the evidence shows one or more of the following:
| ||
(A) The licensee has not met continuing
education | ||
or relicensure requirements as prescribed by the | ||
Department;
| ||
(B) The licensee has failed to maintain
| ||
proficiency in the level of skills for which he or she | ||
is licensed;
| ||
(C) The licensee, during the provision of
medical | ||
services, engaged in dishonorable, unethical, or
| ||
unprofessional conduct of a character likely to | ||
deceive,
defraud, or harm the public;
| ||
(D) The licensee has failed to maintain or
has | ||
violated standards of performance and conduct as | ||
prescribed
by the Department in rules adopted pursuant | ||
to this Act or
his or her EMS System's Program Plan;
| ||
(E) The licensee is physically impaired to
the | ||
extent that he or she cannot physically perform the | ||
skills and
functions for which he or she is licensed, | ||
as verified by a
physician, unless the person is on | ||
inactive status pursuant
to Department regulations;
| ||
(F) The licensee is mentally impaired to the
extent | ||
that he or she cannot exercise the appropriate | ||
judgment,
skill and safety for performing the | ||
functions for which he
or she is licensed, as verified | ||
by a physician, unless the person
is on inactive status | ||
pursuant to Department regulations;
| ||
(G) The licensee has violated this Act or any
rule | ||
adopted by the Department pursuant to this Act; or | ||
(H) The licensee has been convicted (or entered a | ||
plea of guilty or nolo-contendere) by a court of | ||
competent jurisdiction of a Class X, Class 1, or Class | ||
2 felony in this State or an out-of-state equivalent | ||
offense. | ||
(9) Prescribe education and training requirements in | ||
the administration and use of opioid antagonists for all | ||
levels of EMS personnel based on the National EMS | ||
Educational Standards and any modifications to those | ||
curricula specified by the Department through rules | ||
adopted pursuant to this Act. | ||
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | ||
PHAPRN, PHPA, or PHRN who is a member of the Illinois National | ||
Guard or an Illinois State Trooper or who exclusively serves as | ||
a volunteer for units of local government with a population | ||
base of less than 5,000 or as a volunteer
for a not-for-profit | ||
organization that serves a service area
with a population base | ||
of less than 5,000 may submit an application to the Department | ||
for a waiver of the fees described under paragraph (7) of | ||
subsection (d) of this Section on a form prescribed by the | ||
Department. | ||
The education requirements prescribed by the Department | ||
under this Section must allow for the suspension of those | ||
requirements in the case of a member of the armed services or | ||
reserve forces of the United States or a member of the Illinois | ||
National Guard who is on active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor at | ||
the time that the member would otherwise be required to fulfill | ||
a particular education requirement. Such a person must fulfill | ||
the education requirement within 6 months after his or her | ||
release from active duty.
| ||
(e) In the event that any rule of the
Department or an EMS | ||
Medical Director that requires testing for drug
use as a | ||
condition of the applicable EMS personnel license conflicts | ||
with or
duplicates a provision of a collective bargaining | ||
agreement
that requires testing for drug use, that rule shall | ||
not
apply to any person covered by the collective bargaining
| ||
agreement.
| ||
(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, | ||
eff. 8-15-14; 99-480, eff. 9-9-15.)
| ||
(210 ILCS 50/3.55)
| ||
Sec. 3.55. Scope of practice.
| ||
(a) Any person currently licensed as an EMR, EMT, EMT-I,
| ||
A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency | ||
and non-emergency medical
services as defined in this Act, in | ||
accordance with his or her level of
education, training and | ||
licensure, the standards of
performance and conduct prescribed | ||
by the Department in
rules adopted pursuant to this Act, and | ||
the requirements of
the EMS System in which he or she | ||
practices, as contained in the
approved Program Plan for that | ||
System. The Director may, by written order, temporarily modify | ||
individual scopes of practice in response to public health | ||
emergencies for periods not exceeding 180 days.
| ||
(a-5) EMS personnel who have successfully completed a | ||
Department approved
course in automated defibrillator | ||
operation and who are functioning within a
Department approved | ||
EMS System may utilize such automated defibrillator
according | ||
to the standards of performance and conduct prescribed by the
| ||
Department
in rules adopted pursuant to this Act and the | ||
requirements of the EMS System in
which they practice, as | ||
contained in the approved Program Plan for that
System.
| ||
(a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||
Paramedic
who has successfully completed a Department approved | ||
course in the
administration of epinephrine shall be required | ||
to carry epinephrine
with him or her as part of the EMS | ||
personnel medical supplies whenever
he or she is performing | ||
official duties as determined by the EMS System. The | ||
epinephrine may be administered from a glass vial, | ||
auto-injector, ampule, or pre-filled syringe.
| ||
(b) An EMR, EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||
Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or | ||
Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN, | ||
PHAPRN, PHPA, or Paramedic license
in pre-hospital or | ||
inter-hospital emergency care settings or
non-emergency | ||
medical transport situations, under the
written or verbal | ||
direction of the EMS Medical Director.
For purposes of this | ||
Section, a "pre-hospital emergency care
setting" may include a | ||
location, that is not a health care
facility, which utilizes | ||
EMS personnel to render pre-hospital
emergency care prior to | ||
the arrival of a transport vehicle.
The location shall include | ||
communication equipment and all
of the portable equipment and | ||
drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or | ||
Paramedic's
level of care, as required by this Act, rules | ||
adopted
by the Department pursuant to this Act, and the | ||
protocols of
the EMS Systems, and shall operate only with the | ||
approval
and under the direction of the EMS Medical Director.
| ||
This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT, | ||
PHRN, PHAPRN, PHPA, or Paramedic
from practicing within an | ||
emergency department or
other health care setting for the | ||
purpose of receiving
continuing education or training approved | ||
by the EMS Medical
Director. This Section shall also not | ||
prohibit an EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic | ||
from seeking credentials other than his or her EMT, EMT-I, | ||
A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
license and utilizing | ||
such credentials to work in emergency
departments or other | ||
health care settings under the
jurisdiction of that employer.
| ||
(c) An EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic | ||
may honor Do Not Resuscitate (DNR) orders and powers
of | ||
attorney for health care only in accordance with rules
adopted | ||
by the Department pursuant to this Act and protocols
of the EMS | ||
System in which he or she practices.
| ||
(d) A student enrolled in a Department approved EMS | ||
personnel
program, while fulfilling the
clinical training and | ||
in-field supervised experience
requirements mandated for | ||
licensure or approval by the
System and the Department, may | ||
perform prescribed procedures
under the direct supervision of a | ||
physician licensed to
practice medicine in all of its branches, | ||
a qualified
registered professional nurse, or qualified EMS | ||
personnel, only when
authorized by the EMS Medical Director.
| ||
(e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||
Paramedic may transport a police dog injured in the line of | ||
duty to a veterinary clinic or similar facility if there are no | ||
persons requiring medical attention or transport at that time. | ||
For the purposes of this subsection, "police dog" means a dog | ||
owned or used by a law enforcement department or agency in the | ||
course of the department or agency's work, including a search | ||
and rescue dog, service dog, accelerant detection canine, or | ||
other dog that is in use by a county, municipal, or State law | ||
enforcement agency. | ||
(Source: P.A. 99-862, eff. 1-1-17; 100-108, eff. 1-1-18.)
| ||
(210 ILCS 50/3.65)
| ||
Sec. 3.65. EMS Lead Instructor.
| ||
(a) "EMS Lead Instructor" means a person who has
| ||
successfully completed a course of education as approved
by the | ||
Department, and who is currently approved by the
Department to | ||
coordinate or teach education, training
and continuing | ||
education courses, in accordance with
standards prescribed by | ||
this Act and rules adopted by the
Department pursuant to this | ||
Act.
| ||
(b) The Department shall have the authority and
| ||
responsibility to:
| ||
(1) Prescribe education requirements for EMS
Lead | ||
Instructor candidates through rules adopted pursuant to | ||
this
Act.
| ||
(2) Prescribe testing requirements for EMS
Lead | ||
Instructor candidates through rules adopted pursuant to | ||
this
Act.
| ||
(3) Charge each candidate for EMS Lead
Instructor a fee | ||
to be submitted with an application for an
examination, an | ||
application for licensure, and an application for | ||
relicensure.
| ||
(4) Approve individuals as EMS Lead
Instructors who | ||
have met the Department's education and testing
| ||
requirements.
| ||
(5) Require that all education, training and
| ||
continuing education courses for EMT, EMT-I, A-EMT, | ||
Paramedic, PHRN, PHPA, PHAPRN, ECRN, EMR, and Emergency | ||
Medical
Dispatcher be coordinated by at least one approved | ||
EMS Lead
Instructor. A program which includes education, | ||
training or
continuing education for more than one type of | ||
personnel may
use one EMS Lead Instructor to coordinate the | ||
program, and a
single EMS Lead Instructor may | ||
simultaneously coordinate
more than one program or course.
| ||
(6) Provide standards and procedures for
awarding EMS | ||
Lead Instructor approval to persons previously approved
by | ||
the Department to coordinate such courses, based on
| ||
qualifications prescribed by the Department through rules
| ||
adopted pursuant to this Act.
| ||
(7) Suspend, revoke, or refuse to issue or renew the | ||
approval of an EMS
Lead Instructor, after an opportunity | ||
for a hearing, when
findings show one or more of the | ||
following:
| ||
(A) The EMS Lead Instructor has failed
to conduct a | ||
course in accordance with the curriculum
prescribed by | ||
this Act and rules adopted by the Department
pursuant | ||
to this Act; or
| ||
(B) The EMS Lead Instructor has failed
to comply | ||
with protocols prescribed by the Department through
| ||
rules adopted pursuant to this Act.
| ||
(Source: P.A. 98-973, eff. 8-15-14.)
| ||
(210 ILCS 50/3.80)
| ||
Sec. 3.80. Pre-Hospital Registered Nurse, Pre-Hospital | ||
Advanced Practice Registered Nurse, Pre-Hospital Physician | ||
Assistant, and Emergency Communications Registered Nurse.
| ||
(a) "Emergency Communications Registered Nurse" or
"ECRN" | ||
means a registered professional nurse licensed under
the Nurse | ||
Practice Act who
has
successfully completed supplemental | ||
education in accordance
with rules adopted by the Department, | ||
and who is approved by
an EMS Medical Director to monitor | ||
telecommunications from
and give voice orders to EMS System | ||
personnel, under the
authority of the EMS Medical Director and | ||
in accordance with
System protocols. For out-of-state | ||
facilities that have Illinois recognition under the EMS, trauma | ||
or pediatric programs, the professional shall have an | ||
unencumbered registered nurse license in the state in which he | ||
or she practices. In this Section, the term "license" is used | ||
to reflect a change in terminology from "certification" to | ||
"license" only.
| ||
(b) "Pre-Hospital Registered Nurse", "PHRN", or | ||
"Pre-Hospital RN" means a registered professional nurse | ||
licensed under
the Nurse Practice Act who has
successfully | ||
completed supplemental education in accordance
with rules | ||
adopted by the Department pursuant to this Act,
and who is | ||
approved by an EMS Medical Director to practice
within an | ||
Illinois EMS System as emergency medical services personnel
for | ||
pre-hospital and inter-hospital emergency care and
| ||
non-emergency medical transports. For out-of-state facilities | ||
that have Illinois recognition under the EMS, trauma or | ||
pediatric programs, the professional shall have an | ||
unencumbered registered nurse license in the state in which he | ||
or she practices. In this Section, the term "license" is used | ||
to reflect a change in terminology from "certification" to | ||
"license" only.
| ||
(b-5) "Pre-Hospital Advanced Practice Registered Nurse", | ||
"PHAPRN", or "Pre-Hospital APRN" means an advanced practice | ||
registered nurse licensed under the Nurse Practice Act who has | ||
successfully completed supplemental education in accordance | ||
with rules adopted by the Department pursuant to this Act, and | ||
who has the approval of an EMS Medical Director to practice | ||
within an Illinois EMS System as emergency medical services | ||
personnel for pre-hospital and inter-hospital emergency care | ||
and non-emergency medical transports. For out-of-state | ||
facilities that have Illinois recognition under the EMS, trauma | ||
or pediatric programs, the professional shall have an | ||
unencumbered advanced practice registered nurse license in the | ||
state in which he or she practices. | ||
(b-10) "Pre-Hospital Physician Assistant", "PHPA", or | ||
"Pre-Hospital PA" means a physician assistant licensed under | ||
the Physician Assistant Practice Act of 1987 who has | ||
successfully completed supplemental education in accordance | ||
with rules adopted by the Department pursuant to this Act, and | ||
who has the approval of an EMS Medical Director to practice | ||
within an Illinois EMS System as emergency medical services | ||
personnel for pre-hospital and inter-hospital emergency care | ||
and non-emergency medical transports. For out-of-state | ||
facilities that have Illinois recognition under the EMS, trauma | ||
or pediatric programs, the professional shall have an | ||
unencumbered physician assistant license in the state in which | ||
he or she practices. | ||
(c) The Department shall have the authority and
| ||
responsibility to:
| ||
(1) Prescribe or pre-approve education and continuing | ||
education
requirements for Pre-Hospital Registered Nurse, | ||
Pre-Hospital Advanced Practice Registered Nurse, | ||
Pre-Hospital Physician Assistant, and ECRN candidates | ||
through
rules adopted pursuant to this Act:
| ||
(A) Education for a Pre-Hospital Registered Nurse, | ||
a Pre-Hospital Advanced Practice Registered Nurse, or | ||
a Pre-Hospital Physician Assistant shall
include | ||
extrication, telecommunications, EMS System standing | ||
medical orders, the procedures and protocols | ||
established by the EMS Medical Director, and | ||
pre-hospital
cardiac, medical, and trauma care;
| ||
(B) Education for ECRN shall include
| ||
telecommunications, System standing medical orders and | ||
the
procedures and protocols established by the EMS | ||
Medical
Director;
| ||
(C) A Pre-Hospital Registered Nurse, Pre-Hospital | ||
Advanced Practice Registered Nurse, or Pre-Hospital | ||
Physician Assistant candidate who is
fulfilling | ||
clinical training and in-field supervised
experience | ||
requirements may perform prescribed procedures
under | ||
the direct supervision of a physician licensed to
| ||
practice medicine in all of its branches, a qualified
| ||
registered professional nurse or a qualified EMT, only | ||
when
authorized by the EMS Medical Director;
| ||
(D) An EMS Medical Director may impose in-field | ||
supervised field
experience requirements on System
| ||
ECRNs as part of their training or continuing | ||
education, in
which they perform prescribed procedures | ||
under the direct
supervision of a physician licensed to | ||
practice medicine in
all of its branches, a qualified | ||
registered professional
nurse, or qualified EMS | ||
personnel, only when authorized by the EMS
Medical | ||
Director;
| ||
(2) Require EMS Medical Directors to
reapprove | ||
Pre-Hospital Registered Nurses, Pre-Hospital Advanced | ||
Practice Registered Nurses, Pre-Hospital Physician | ||
Assistants, and ECRNs every 4 years, based on
compliance | ||
with continuing education requirements prescribed
by the | ||
Department through rules adopted pursuant to this
Act;
| ||
(3) Allow EMS Medical Directors to grant
inactive EMS | ||
System status to any Pre-Hospital Registered Nurse, | ||
Pre-Hospital Advanced Practice Registered Nurse, | ||
Pre-Hospital Physician Assistant, or ECRN who qualifies, | ||
based
on standards and procedures established by the | ||
Department in
rules adopted pursuant to this Act;
| ||
(4) Require a Pre-Hospital Registered Nurse, a | ||
Pre-Hospital Advanced Practice Registered Nurse, or a | ||
Pre-Hospital Physician Assistant to honor Do Not
| ||
Resuscitate (DNR) orders and powers of attorney for health
| ||
care only in accordance with rules adopted by the | ||
Department
pursuant to this Act and protocols of the EMS | ||
System in
which he or she practices;
| ||
(5) Charge each Pre-Hospital Registered Nurse, | ||
Pre-Hospital Advanced Practice Registered Nurse, | ||
Pre-Hospital Physician Assistant, applicant and ECRN | ||
applicant a fee for licensure and relicensure. | ||
(d) The Department shall have the authority to suspend, | ||
revoke, or refuse to issue or renew a Department-issued PHRN, | ||
PHAPRN, PHPA, or ECRN license when, after notice and the | ||
opportunity for a hearing, the Department demonstrates that the | ||
licensee has violated this Act, violated the rules adopted by | ||
the Department, or failed to comply with the applicable | ||
standards of care. | ||
(Source: P.A. 98-973, eff. 8-15-14.)
| ||
(210 ILCS 50/3.87) | ||
Sec. 3.87. Ambulance service provider and vehicle service | ||
provider upgrades; rural population. | ||
(a) In this Section, "rural ambulance service provider" | ||
means an ambulance service provider licensed under this Act | ||
that serves a rural population of 7,500 or fewer inhabitants. | ||
In this Section, "rural vehicle service provider" means an | ||
entity that serves a rural population of 7,500 or fewer | ||
inhabitants and is licensed by the Department to provide | ||
emergency or non-emergency medical services in compliance with | ||
this Act, the rules adopted by the Department pursuant to this | ||
Act, and an operational plan approved by the entity's EMS | ||
System, utilizing at least an ambulance, alternate response | ||
vehicle as defined by the Department in rules, or specialized | ||
emergency medical services vehicle. | ||
(b) A rural ambulance service provider or rural vehicle | ||
service provider may submit a proposal to the EMS System | ||
Medical Director requesting approval of either or both of the | ||
following: | ||
(1) Rural ambulance service provider or rural vehicle | ||
service provider in-field service level upgrade. | ||
(A) An ambulance operated by a rural ambulance | ||
service provider or a specialized emergency medical | ||
services vehicle or alternate response vehicle | ||
operated by a rural vehicle service provider may be | ||
upgraded, as defined by the EMS System Medical Director | ||
in a policy or procedure, as long as the EMS System | ||
Medical Director and the Department have approved the | ||
proposal, to the highest level of EMT license (advanced | ||
life support/paramedic, intermediate life support, or | ||
basic life support) or Pre-Hospital APRN, Pre-Hospital | ||
PA, or Pre-Hospital RN license certification held by | ||
any person staffing that ambulance, specialized | ||
emergency medical services vehicle, or alternate | ||
response vehicle. The ambulance service provider's or | ||
rural vehicle service provider's proposal for an | ||
upgrade must include all of the following: | ||
(i) The manner in which the provider will | ||
secure and store advanced life support equipment, | ||
supplies, and medications. | ||
(ii) The type of quality assurance the | ||
provider will perform. | ||
(iii) An assurance that the provider will | ||
advertise only the level of care that can be | ||
provided 24 hours a day. | ||
(iv) A statement that the provider will have | ||
that vehicle inspected by the Department annually. | ||
(B) If a rural ambulance service provider or rural | ||
vehicle service provider is approved to provide an | ||
in-field service level upgrade based on the licensed | ||
personnel on the vehicle, all the advanced life support | ||
medical supplies, durable medical equipment, and | ||
medications must be environmentally controlled, | ||
secured, and locked with access by only the personnel | ||
who have been authorized by the EMS System Medical | ||
Director to utilize those supplies. | ||
(C) The EMS System shall routinely perform quality | ||
assurance, in compliance with the EMS System's quality | ||
assurance plan approved by the Department, on in-field | ||
service level upgrades authorized under this Section | ||
to ensure compliance with the EMS System plan. | ||
(2) Rural ambulance service provider or rural vehicle | ||
service provider in-field service level upgrade. The EMS | ||
System Medical Director may define what constitutes an | ||
in-field service level upgrade through an EMS System policy | ||
or procedure.
An in-field service level upgrade may | ||
include, but need not be limited to, an upgrade to a | ||
licensed ambulance, alternate response vehicle, or | ||
specialized emergency medical services vehicle. | ||
(c) If the EMS System Medical Director approves a proposal | ||
for a rural in-field service level upgrade under this Section, | ||
he or she shall submit the proposal to the Department along | ||
with a statement of approval signed by him or her. Once the | ||
Department has approved the proposal, the rural ambulance | ||
service provider or rural vehicle service provider will be | ||
authorized to function at the highest level of EMT license | ||
(advanced life support/paramedic, intermediate life support, | ||
or basic life support) or Pre-Hospital RN, Pre-Hospital APRN, | ||
or Pre-Hospital PA license certification held by any person | ||
staffing the vehicle.
| ||
(Source: P.A. 98-608, eff. 12-27-13; 98-880, eff. 1-1-15; | ||
98-881, eff. 8-13-14; 99-78, eff. 7-20-15.)
| ||
(210 ILCS 50/3.165)
| ||
Sec. 3.165. Misrepresentation.
| ||
(a) No person shall hold himself or herself out to be or | ||
engage
in the practice of an EMS Medical Director, EMS
| ||
Administrative Director, EMS System Coordinator, EMR, EMD, | ||
EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, PHAPRN, PHPA, TNS, or | ||
LI without being licensed,
certified, approved or otherwise | ||
authorized pursuant to this
Act.
| ||
(b) A hospital or other entity which employs or
utilizes an | ||
EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic in a manner which is | ||
outside the scope of
his or her license shall not use the words | ||
"emergency medical responder", "EMR", "emergency medical | ||
technician", "EMT", "emergency medical | ||
technician-intermediate", "EMT-I", "advanced emergency medical | ||
technician", "A-EMT", or "Paramedic" in that person's job
| ||
description or title, or in any other manner hold that
person | ||
out to be so licensed.
| ||
(c) No provider or participant within an EMS
System shall | ||
hold itself out as providing a type or level of
service that | ||
has not been approved by that System's EMS
Medical Director.
| ||
(Source: P.A. 98-973, eff. 8-15-14.)
| ||
Section 99. Effective date. This Act takes effect one year | ||
after becoming law.
| ||