Public Act 098-0452
 
HB2777 EnrolledLRB098 09576 DRJ 39722 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Emergency Medical Services (EMS) Systems Act
is amended by changing Section 3.85 as follows:
 
    (210 ILCS 50/3.85)
    Sec. 3.85. Vehicle Service Providers.
    (a) "Vehicle Service Provider" means an entity licensed by
the Department to provide emergency or non-emergency medical
services in compliance with this Act, the rules promulgated by
the Department pursuant to this Act, and an operational plan
approved by its EMS System(s), utilizing at least ambulances or
specialized emergency medical service vehicles (SEMSV).
        (1) "Ambulance" means any publicly or privately owned
    on-road vehicle that is specifically designed, constructed
    or modified and equipped, and is intended to be used for,
    and is maintained or operated for the emergency
    transportation of persons who are sick, injured, wounded or
    otherwise incapacitated or helpless, or the non-emergency
    medical transportation of persons who require the presence
    of medical personnel to monitor the individual's condition
    or medical apparatus being used on such individuals.
        (2) "Specialized Emergency Medical Services Vehicle"
    or "SEMSV" means a vehicle or conveyance, other than those
    owned or operated by the federal government, that is
    primarily intended for use in transporting the sick or
    injured by means of air, water, or ground transportation,
    that is not an ambulance as defined in this Act. The term
    includes watercraft, aircraft and special purpose ground
    transport vehicles or conveyances not intended for use on
    public roads.
        (3) An ambulance or SEMSV may also be designated as a
    Limited Operation Vehicle or Special-Use Vehicle:
            (A) "Limited Operation Vehicle" means a vehicle
        which is licensed by the Department to provide basic,
        intermediate or advanced life support emergency or
        non-emergency medical services that are exclusively
        limited to specific events or locales.
            (B) "Special-Use Vehicle" means any publicly or
        privately owned vehicle that is specifically designed,
        constructed or modified and equipped, and is intended
        to be used for, and is maintained or operated solely
        for the emergency or non-emergency transportation of a
        specific medical class or category of persons who are
        sick, injured, wounded or otherwise incapacitated or
        helpless (e.g. high-risk obstetrical patients,
        neonatal patients).
            (C) "Reserve Ambulance" means a vehicle that meets
        all criteria set forth in this Section and all
        Department rules, except for the required inventory of
        medical supplies and durable medical equipment, which
        may be rapidly transferred from a fully functional
        ambulance to a reserve ambulance without the use of
        tools or special mechanical expertise.
    (b) The Department shall have the authority and
responsibility to:
        (1) Require all Vehicle Service Providers, both
    publicly and privately owned, to function within an EMS
    System.
        (2) Require a Vehicle Service Provider utilizing
    ambulances to have a primary affiliation with an EMS System
    within the EMS Region in which its Primary Service Area is
    located, which is the geographic areas in which the
    provider renders the majority of its emergency responses.
    This requirement shall not apply to Vehicle Service
    Providers which exclusively utilize Limited Operation
    Vehicles.
        (3) Establish licensing standards and requirements for
    Vehicle Service Providers, through rules adopted pursuant
    to this Act, including but not limited to:
            (A) Vehicle design, specification, operation and
        maintenance standards, including standards for the use
        of reserve ambulances;
            (B) Equipment requirements;
            (C) Staffing requirements; and
            (D) License renewal at intervals determined by the
        Department, which shall be not less than every 4 years
        Annual license renewal.
        The Department's standards and requirements with
    respect to vehicle staffing must allow for an alternative
    rural staffing model for those vehicle service providers
    that serve a rural or semi-rural population of 10,000 or
    fewer inhabitants and exclusively uses volunteers,
    paid-on-call, or a combination thereof.
        (4) License all Vehicle Service Providers that have met
    the Department's requirements for licensure, unless such
    Provider is owned or licensed by the federal government.
    All Provider licenses issued by the Department shall
    specify the level and type of each vehicle covered by the
    license (BLS, ILS, ALS, ambulance, SEMSV, limited
    operation vehicle, special use vehicle, reserve
    ambulance).
        (5) Annually inspect all licensed vehicles operated by
    Vehicle Service Providers, and relicense such Providers
    that have met the Department's requirements for license
    renewal.
        (6) Suspend, revoke, refuse to issue or refuse to renew
    the license of any Vehicle Service Provider, or that
    portion of a license pertaining to a specific vehicle
    operated by the Provider, after an opportunity for a
    hearing, when findings show that the Provider or one or
    more of its vehicles has failed to comply with the
    standards and requirements of this Act or rules adopted by
    the Department pursuant to this Act.
        (7) Issue an Emergency Suspension Order for any
    Provider or vehicle licensed under this Act, when the
    Director or his designee has determined that an immediate
    and serious danger to the public health, safety and welfare
    exists. Suspension or revocation proceedings which offer
    an opportunity for hearing shall be promptly initiated
    after the Emergency Suspension Order has been issued.
        (8) Exempt any licensed vehicle from subsequent
    vehicle design standards or specifications required by the
    Department, as long as said vehicle is continuously in
    compliance with the vehicle design standards and
    specifications originally applicable to that vehicle, or
    until said vehicle's title of ownership is transferred.
        (9) Exempt any vehicle (except an SEMSV) which was
    being used as an ambulance on or before December 15, 1980,
    from vehicle design standards and specifications required
    by the Department, until said vehicle's title of ownership
    is transferred. Such vehicles shall not be exempt from all
    other licensing standards and requirements prescribed by
    the Department.
        (10) Prohibit any Vehicle Service Provider from
    advertising, identifying its vehicles, or disseminating
    information in a false or misleading manner concerning the
    Provider's type and level of vehicles, location, primary
    service area, response times, level of personnel,
    licensure status or System participation.
        (10.5) Prohibit any Vehicle Service Provider, whether
    municipal, private, or hospital-owned, from advertising
    itself as a critical care transport provider unless it
    participates in a Department-approved EMS System critical
    care transport plan.
        (11) Charge each Vehicle Service Provider a fee per
    transport vehicle, due annually at time of inspection to be
    submitted with each application for licensure and license
    renewal. The fee per transport vehicle shall be set by
    administrative rule by the Department and shall not exceed
    100 vehicles per provider.
(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11;
97-1014, eff. 1-1-13.)