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Public Act 098-0973 |
SB3414 Enrolled | LRB098 16189 RPS 55673 b |
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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 Firemen's Disciplinary Act is amended by |
changing Section 2 as follows: |
(50 ILCS 745/2) (from Ch. 85, par. 2502)
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Sec. 2. Definitions. For the purposes of this Act, unless |
clearly required otherwise,
the terms defined in this Section |
have the meaning ascribed herein:
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(a) "Fireman" means a person who is a "firefighter" or |
"fireman" as defined
in Sections 4-106 or 6-106 of the Illinois |
Pension Code, a paramedic employed by a unit of local |
government, or an EMT , emergency medical |
technician-intermediate (EMT-I), or advanced emergency medical |
technician (A-EMT) employed by a unit of local government, and |
includes a person
who is an "employee" as defined in Section |
15-107 of the Illinois Pension Code
and whose primary duties |
relate to firefighting.
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(b) "Informal inquiry" means a meeting by supervisory or |
command personnel
with a fireman upon whom an allegation of |
misconduct has come to the attention
of such supervisory or |
command personnel, the purpose of which meeting is
to mediate a |
citizen complaint or discuss the facts to determine whether
a |
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formal investigation should be commenced.
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(c) "Formal investigation" means the process of |
investigation ordered
by a commanding officer during which the |
questioning of a fireman is intended
to gather evidence of |
misconduct which may be the basis for filing charges
seeking |
his or her removal, discharge, or suspension from duty in
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excess of 24 duty hours.
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(d) "Interrogation" means the questioning of a fireman |
pursuant to an
investigation initiated by the respective State |
or local governmental
unit in connection with an alleged |
violation of such unit's rules which may
be the basis for |
filing charges seeking his or her suspension, removal, or
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discharge. The term does not include questioning as part of an |
informal
inquiry as to allegations of misconduct relating to |
minor infractions of
agency rules which may be noted on the |
fireman's record but which may not in
themselves result in |
removal, discharge, or suspension from duty in
excess of 24 |
duty hours.
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(e) "Administrative proceeding" means any non-judicial |
hearing which
is authorized to recommend, approve or order the |
suspension, removal, or
discharge of a fireman.
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(Source: P.A. 96-922, eff. 6-10-10.)
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Section 10. The Volunteer Emergency Worker Job Protection |
Act is amended by changing Section 3 as follows: |
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(50 ILCS 748/3)
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Sec. 3. Definitions. As used in this Act: |
"Volunteer emergency worker" means a firefighter who does |
not receive monetary compensation for his or her services to a |
fire department or fire protection district and who does not |
work for any other fire department or fire protection district |
for monetary compensation. "Volunteer emergency worker" also |
means a person who does not receive monetary compensation for |
his or her services as a volunteer Emergency Medical Technician |
(licensed as an EMT EMT-B , EMT-I, A-EMT, or Paramedic EMT-P |
under the Emergency Medical Services (EMS) Systems Act), a |
volunteer ambulance driver or attendant, or a volunteer |
" Emergency Medical First Responder", as defined in Sec. 3.50 |
3.60 of the Emergency Medical Services (EMT) Systems Act, to a |
fire department, fire protection district, or other |
governmental entity and who does not work in one of these |
capacities for any other fire department, fire protection |
district, or governmental entity for monetary compensation. |
"Volunteer emergency worker" also means a person who is a |
volunteer member of a county or municipal emergency services |
and disaster agency pursuant to the Illinois Emergency |
Management Agency Act, an auxiliary policeman appointed |
pursuant to the Municipal Code, or an auxiliary deputy |
appointed by a county sheriff pursuant to the Counties Code.
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"Monetary compensation" does not include a monetary |
incentive awarded to a firefighter by the board of trustees of |
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a fire protection district under Section 6 of the Fire |
Protection District Act.
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(Source: P.A. 94-599, eff. 1-1-06; 95-332, eff. 8-21-07.) |
Section 15. The Illinois Municipal Code is amended by |
changing Sections 10-1-7, 10-1-7.1, 10-2.1-4, 10-2.1-6.3, |
10-2.1-14, and 10-2.1-31 as follows:
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(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
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Sec. 10-1-7. Examination of applicants; disqualifications.
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(a) All applicants for offices or places in the classified |
service, except
those mentioned in Section 10-1-17, are subject |
to examination. The
examination shall be public, competitive, |
and open to all citizens of the
United States, with specified |
limitations as to residence, age, health, habits
and moral |
character.
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(b) Residency requirements in effect at the time an |
individual enters the
fire or police service of a municipality |
(other than a municipality that
has more than 1,000,000 |
inhabitants) cannot be made more restrictive
for that |
individual during his or her period of service for that |
municipality,
or be made a condition of promotion, except for |
the rank or position of Fire or
Police Chief.
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(c) No person with a record of misdemeanor convictions |
except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
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14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, |
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and |
(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and
(8) |
of Section 24-1 of the Criminal Code of 1961 or the Criminal |
Code of 2012 or arrested for any cause but
not convicted on |
that cause shall be disqualified from taking the examination
on |
grounds of habits or moral character, unless the person is |
attempting to
qualify for a position on the police department, |
in which case the conviction
or arrest may be considered as a |
factor in determining the person's habits or
moral character.
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(d) Persons entitled to military preference under Section |
10-1-16
shall not be subject to limitations specifying age |
unless they are
applicants for a position as a fireman or a |
policeman having no previous
employment status as a fireman or |
policeman in the regularly constituted
fire or police |
department of the municipality, in which case they must not
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have attained their 35th birthday, except any person who has |
served as an
auxiliary police officer under Section 3.1-30-20 |
for at least 5 years and is
under 40 years of age.
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(e) All employees of a municipality of less than 500,000 |
population (except
those who would be excluded from the |
classified service as provided in this
Division 1) who are |
holding that employment as of the date a municipality
adopts |
this Division 1, or as of July 17, 1959, whichever date is the |
later,
and who have held that employment for at least 2 years |
immediately before that
later date, and all firemen and |
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policemen regardless of length of service who
were either |
appointed to their respective positions by the board of fire |
and
police commissioners under the provisions of Division 2 of |
this Article or who
are serving in a position (except as a |
temporary employee) in the fire or
police department in the |
municipality on the date a municipality adopts
this Division 1, |
or as of July 17, 1959, whichever date is the later, shall
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become members of the classified civil service of the |
municipality
without examination.
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(f) The examinations shall be practical in their character, |
and shall
relate to those matters that will fairly test the |
relative capacity of the
persons examined to discharge the |
duties of the positions to which they
seek to be appointed. The |
examinations shall include tests of physical
qualifications, |
health, and (when appropriate) manual skill. If an applicant
is |
unable to pass the physical examination solely as the result of |
an injury
received by the applicant as the result of the |
performance of an act of duty
while working as a temporary |
employee in the position for which he or she is
being examined, |
however, the physical examination shall be waived and the
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applicant shall be considered to have passed the examination. |
No questions in
any examination shall relate to political or |
religious opinions or
affiliations. Results of examinations |
and the eligible registers prepared from
the results shall be |
published by the commission within 60 days after any
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examinations are held.
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(g) The commission shall control all examinations, and may, |
whenever an
examination is to take place, designate a suitable |
number of persons,
either in or not in the official service of |
the municipality, to be
examiners. The examiners shall conduct |
the examinations as directed by the
commission and shall make a |
return or report of the examinations to the
commission. If the |
appointed examiners are in the official service of the
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municipality, the examiners shall not receive extra |
compensation for conducting
the examinations unless the |
examiners are subject to a collective bargaining agreement with |
the municipality. The commission may at any time substitute any |
other person,
whether or not in the service of the |
municipality, in the place of any one
selected as an examiner. |
The commission members may themselves at any time act
as |
examiners without appointing examiners. The examiners at any |
examination
shall not all be members of the same political |
party.
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(h) In municipalities of 500,000 or more population, no |
person who has
attained his or her 35th birthday shall be |
eligible to take an examination for
a position as a fireman or |
a policeman unless the person has had previous
employment |
status as a policeman or fireman in the regularly constituted |
police
or fire department of the municipality, except as |
provided in this Section.
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(i) In municipalities of more than 5,000 but not more than |
200,000
inhabitants, no person who has attained his or her 35th |
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birthday shall be
eligible to take an examination for a |
position as a fireman or a policeman
unless the person has had |
previous employment status as a policeman or fireman
in the |
regularly constituted police or fire department of the |
municipality,
except as provided in this Section.
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(j) In all municipalities, applicants who are 20 years of |
age and who have
successfully completed 2 years of law |
enforcement studies at an accredited
college or university may |
be considered for appointment to active duty with
the police |
department. An applicant described in this subsection (j) who |
is
appointed to active duty shall not have power of arrest, nor |
shall the
applicant be permitted to carry firearms, until he or |
she reaches 21 years of
age.
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(k) In municipalities of more than 500,000 population, |
applications for
examination for and appointment to positions |
as firefighters or police
shall be made available at various |
branches of the public library of the
municipality.
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(l) No municipality having a population less than 1,000,000 |
shall require
that any fireman appointed to the lowest rank |
serve a probationary employment
period of longer than one year. |
The limitation on periods of probationary
employment provided |
in this amendatory Act of 1989 is an exclusive power and
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function of the State. Pursuant to subsection (h) of Section 6 |
of Article VII
of the Illinois Constitution, a home rule |
municipality having a population less
than 1,000,000 must |
comply with this limitation on periods of probationary
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employment, which is a denial and limitation of home rule |
powers.
Notwithstanding anything to the contrary in this |
Section, the probationary
employment period limitation may be |
extended for a firefighter who is required, as a condition of |
employment, to be a licensed certified paramedic, during which |
time the sole reason that a firefighter may be discharged |
without a hearing is for failing to meet the requirements for |
paramedic licensure certification .
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(m) To the extent that this Section or any other Section in |
this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then |
Section 10-1-7.1 or 10-1-7.2 shall control. |
(Source: P.A. 96-1551, eff. 7-1-11; 97-251, eff. 8-4-11; |
97-898, eff. 8-6-12; 97-1109, eff. 1-1-13; 97-1150, eff. |
1-25-13.)
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(65 ILCS 5/10-1-7.1) |
Sec. 10-1-7.1. Original appointments; full-time fire |
department. |
(a) Applicability. Unless a commission elects to follow the |
provisions of Section 10-1-7.2, this Section shall apply to all |
original appointments to an affected full-time fire |
department. Existing registers of eligibles shall continue to |
be valid until their expiration dates, or up to a maximum of 2 |
years after the effective date of this amendatory Act of the |
97th General Assembly. |
Notwithstanding any statute, ordinance, rule, or other law |
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to the contrary, all original appointments to an affected |
department to which this Section applies shall be administered |
in the manner provided for in this Section. Provisions of the |
Illinois Municipal Code, municipal ordinances, and rules |
adopted pursuant to such authority and other laws relating to |
initial hiring of firefighters in affected departments shall |
continue to apply to the extent they are compatible with this |
Section, but in the event of a conflict between this Section |
and any other law, this Section shall control. |
A home rule or non-home rule municipality may not |
administer its fire department process for original |
appointments in a manner that is less stringent than this |
Section. This Section is a limitation under subsection (i) of |
Section 6 of Article VII of the Illinois Constitution on the |
concurrent exercise by home rule units of the powers and |
functions exercised by the State. |
A municipality that is operating under a court order or |
consent decree regarding original appointments to a full-time |
fire department before the effective date of this amendatory |
Act of the 97th General Assembly is exempt from the |
requirements of this Section for the duration of the court |
order or consent decree. |
Notwithstanding any other provision of this subsection |
(a), this Section does not apply to a municipality with more |
than 1,000,000 inhabitants. |
(b) Original appointments. All original appointments made |
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to an affected fire department shall be made from a register of |
eligibles established in accordance with the processes |
established by this Section. Only persons who meet or exceed |
the performance standards required by this Section shall be |
placed on a register of eligibles for original appointment to |
an affected fire department. |
Whenever an appointing authority authorizes action to hire |
a person to perform the duties of a firefighter or to hire a |
firefighter-paramedic to fill a position that is a new position |
or vacancy due to resignation, discharge, promotion, death, the |
granting of a disability or retirement pension, or any other |
cause, the appointing authority shall appoint to that position |
the person with the highest ranking on the final eligibility |
list. If the appointing authority has reason to conclude that |
the highest ranked person fails to meet the minimum standards |
for the position or if the appointing authority believes an |
alternate candidate would better serve the needs of the |
department, then the appointing authority has the right to pass |
over the highest ranked person and appoint either: (i) any |
person who has a ranking in the top 5% of the register of |
eligibles or (ii) any person who is among the top 5 highest |
ranked persons on the list of eligibles if the number of people |
who have a ranking in the top 5% of the register of eligibles |
is less than 5 people. |
Any candidate may pass on an appointment once without |
losing his or her position on the register of eligibles. Any |
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candidate who passes a second time may be removed from the list |
by the appointing authority provided that such action shall not |
prejudice a person's opportunities to participate in future |
examinations, including an examination held during the time a |
candidate is already on the municipality's register of |
eligibles. |
The sole authority to issue certificates of appointment |
shall be vested in the Civil Service Commission. All |
certificates of appointment issued to any officer or member of |
an affected department shall be signed by the chairperson and |
secretary, respectively, of the commission upon appointment of |
such officer or member to the affected department by the |
commission. Each person who accepts a certificate of |
appointment and successfully completes his or her probationary |
period shall be enrolled as a firefighter and as a regular |
member of the fire department. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed by |
a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
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protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(c) Qualification for placement on register of eligibles. |
The purpose of establishing a register of eligibles is to |
identify applicants who possess and demonstrate the mental |
aptitude and physical ability to perform the duties required of |
members of the fire department in order to provide the highest |
quality of service to the public. To this end, all applicants |
for original appointment to an affected fire department shall |
be subject to examination and testing which shall be public, |
competitive, and open to all applicants unless the municipality |
shall by ordinance limit applicants to residents of the |
municipality, county or counties in which the municipality is |
located, State, or nation. Municipalities may establish |
educational, emergency medical service licensure, and other |
pre-requisites for participation in an examination or for hire |
as a firefighter. Any municipality may charge a fee to cover |
the costs of the application process. |
Residency requirements in effect at the time an individual |
enters the fire service of a municipality cannot be made more |
restrictive for that individual during his or her period of |
service for that municipality, or be made a condition of |
promotion, except for the rank or position of fire chief and |
for no more than 2 positions that rank immediately below that |
of the chief rank which are appointed positions pursuant to the |
Fire Department Promotion Act. |
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No person who is 35 years of age or older shall be eligible |
to take an examination for a position as a firefighter unless |
the person has had previous employment status as a firefighter |
in the regularly constituted fire department of the |
municipality, except as provided in this Section. The age |
limitation does not apply to: |
(1) any person previously employed as a full-time |
firefighter in a regularly constituted fire department of |
(i) any municipality or fire protection district located in |
Illinois, (ii) a fire protection district whose |
obligations were assumed by a municipality under Section 21 |
of the Fire Protection District Act, or (iii) a |
municipality whose obligations were taken over by a fire |
protection district, or |
(2) any person who has served a municipality as a |
regularly enrolled volunteer, paid-on-call, or part-time |
firefighter for the 5 years immediately preceding the time |
that the municipality begins to use full-time firefighters |
to provide all or part of its fire protection service. |
No person who is under 21 years of age shall be eligible |
for employment as a firefighter. |
No applicant shall be examined concerning his or her |
political or religious opinions or affiliations. The |
examinations shall be conducted by the commissioners of the |
municipality or their designees and agents. |
No municipality shall require that any firefighter |
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appointed to the lowest rank serve a probationary employment |
period of longer than one year of actual active employment, |
which may exclude periods of training, or injury or illness |
leaves, including duty related leave, in excess of 30 calendar |
days. Notwithstanding anything to the contrary in this Section, |
the probationary employment period limitation may be extended |
for a firefighter who is required, as a condition of |
employment, to be a licensed certified paramedic, during which |
time the sole reason that a firefighter may be discharged |
without a hearing is for failing to meet the requirements for |
paramedic licensure certification . |
In the event that any applicant who has been found eligible |
for appointment and whose name has been placed upon the final |
eligibility register provided for in this Division 1 has not |
been appointed to a firefighter position within one year after |
the date of his or her physical ability examination, the |
commission may cause a second examination to be made of that |
applicant's physical ability prior to his or her appointment. |
If, after the second examination, the physical ability of the |
applicant shall be found to be less than the minimum standard |
fixed by the rules of the commission, the applicant shall not |
be appointed. The applicant's name may be retained upon the |
register of candidates eligible for appointment and when next |
reached for certification and appointment that applicant may be |
again examined as provided in this Section, and if the physical |
ability of that applicant is found to be less than the minimum |
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standard fixed by the rules of the commission, the applicant |
shall not be appointed, and the name of the applicant shall be |
removed from the register. |
(d) Notice, examination, and testing components. Notice of |
the time, place, general scope, merit criteria for any |
subjective component, and fee of every examination shall be |
given by the commission, by a publication at least 2 weeks |
preceding the examination: (i) in one or more newspapers |
published in the municipality, or if no newspaper is published |
therein, then in one or more newspapers with a general |
circulation within the municipality, or (ii) on the |
municipality's Internet website. Additional notice of the |
examination may be given as the commission shall prescribe. |
The examination and qualifying standards for employment of |
firefighters shall be based on: mental aptitude, physical |
ability, preferences, moral character, and health. The mental |
aptitude, physical ability, and preference components shall |
determine an applicant's qualification for and placement on the |
final register of eligibles. The examination may also include a |
subjective component based on merit criteria as determined by |
the commission. Scores from the examination must be made |
available to the public. |
(e) Mental aptitude. No person who does not possess at |
least a high school diploma or an equivalent high school |
education shall be placed on a register of eligibles. |
Examination of an applicant's mental aptitude shall be based |
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upon a written examination. The examination shall be practical |
in character and relate to those matters that fairly test the |
capacity of the persons examined to discharge the duties |
performed by members of a fire department. Written examinations |
shall be administered in a manner that ensures the security and |
accuracy of the scores achieved. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform the |
essential functions included in the duties they may be called |
upon to perform as a member of a fire department. For the |
purposes of this Section, essential functions of the job are |
functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in the following |
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties including |
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions |
to test both the candidate's speed and endurance in |
performing tasks and evolutions. Tasks tested may be based |
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on standards developed, or approved, by the local |
appointing authority. |
(2) The ability to climb ladders, operate from heights, |
walk or crawl in the dark along narrow and uneven surfaces, |
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
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capabilities in each of these dimensions may be tests based on
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industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
Physical ability examinations administered under this |
Section shall be conducted with a reasonable number of proctors |
and monitors, open to the public, and subject to reasonable |
regulations of the commission. |
(g) Scoring of examination components. Appointing |
authorities may create a preliminary eligibility register. A |
person shall be placed on the list based upon his or her |
passage of the written examination or the passage of the |
written examination and the physical ability component. |
Passage of the written examination means a score that is at or |
above the median score for all applicants participating in the |
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written test. The appointing authority may conduct the physical |
ability component and any subjective components subsequent to |
the posting of the preliminary eligibility register. |
The examination components for an initial eligibility |
register shall be graded on a 100-point scale. A person's |
position on the list shall be determined by the following: (i)
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the person's score on the written examination, (ii) the person
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successfully passing the physical ability component, and (iii) |
the
person's results on any subjective component as described |
in
subsection (d). |
In order to qualify for placement on the final eligibility |
register, an applicant's score on the written examination, |
before any applicable preference points or subjective points |
are applied, shall be at or above the median score. The local |
appointing authority may prescribe the score to qualify for |
placement on the final eligibility register, but the score |
shall not be less than the median score. |
The commission shall prepare and keep a register of persons |
whose total score is not less than the minimum fixed by this |
Section and who have passed the physical ability examination. |
These persons shall take rank upon the register as candidates |
in the order of their relative excellence based on the highest |
to the lowest total points scored on the mental aptitude, |
subjective component, and preference components of the test |
administered in accordance with this Section. No more than 60 |
days after each examination, an initial eligibility list shall |
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be posted by the commission. The list shall include the final |
grades of the candidates without reference to priority of the |
time of examination and subject to claim for preference credit. |
Commissions may conduct additional examinations, including |
without limitation a polygraph test, after a final eligibility |
register is established and before it expires with the |
candidates ranked by total score without regard to date of |
examination. No more than 60 days after each examination, an |
initial eligibility list shall be posted by the commission |
showing the final grades of the candidates without reference to |
priority of time of examination and subject to claim for |
preference credit. |
(h) Preferences. The following are preferences: |
(1) Veteran preference. Persons who were engaged in the |
military service of the United States for a period of at |
least one year of active duty and who were honorably |
discharged therefrom, or who are now or have been members |
on inactive or reserve duty in such military or naval |
service, shall be preferred for appointment to and |
employment with the fire department of an affected |
department. |
(2) Fire cadet preference. Persons who have |
successfully completed 2 years of study in fire techniques |
or cadet training within a cadet program established under |
the rules of the Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
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Promotion Act, may be preferred for appointment to and |
employment with the fire department. |
(3) Educational preference. Persons who have |
successfully obtained an associate's degree in the field of |
fire service or emergency medical services, or a bachelor's |
degree from an accredited college or university may be |
preferred for appointment to and employment with the fire |
department. |
(4) Paramedic preference. Persons who have obtained a |
license certification as a paramedic an Emergency Medical |
Technician-Paramedic (EMT-P) may be preferred for |
appointment to and employment with the fire department of |
an affected department providing emergency medical |
services. |
(5) Experience preference. All persons employed by a |
municipality who have been paid-on-call or part-time |
certified Firefighter II, certified Firefighter III, State |
of Illinois or nationally licensed EMT, EMT-B or EMT-I, |
A-EMT, or licensed paramedic, or any combination of those |
capacities may be awarded up to a maximum of 5 points. |
However, the applicant may not be awarded more than 0.5 |
points for each complete year of paid-on-call or part-time |
service. Applicants from outside the municipality who were |
employed as full-time firefighters or |
firefighter-paramedics by a fire protection district or |
another municipality may be awarded up to 5 experience |
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preference points. However, the applicant may not be |
awarded more than one point for each complete year of |
full-time service. |
Upon request by the commission, the governing body of |
the municipality or in the case of applicants from outside |
the municipality the governing body of any fire protection |
district or any other municipality shall certify to the |
commission, within 10 days after the request, the number of |
years of successful paid-on-call, part-time, or full-time |
service of any person. A candidate may not receive the full |
amount of preference points under this subsection if the |
amount of points awarded would place the candidate before a |
veteran on the eligibility list. If more than one candidate |
receiving experience preference points is prevented from |
receiving all of their points due to not being allowed to |
pass a veteran, the candidates shall be placed on the list |
below the veteran in rank order based on the totals |
received if all points under this subsection were to be |
awarded. Any remaining ties on the list shall be determined |
by lot. |
(6) Residency preference. Applicants whose principal |
residence is located within the fire department's |
jurisdiction may be preferred for appointment to and |
employment with the fire department. |
(7) Additional preferences. Up to 5 additional |
preference points may be awarded for unique categories |
|
based on an applicant's experience or background as |
identified by the commission. |
(8) Scoring of preferences. The commission shall give |
preference for original appointment to persons designated |
in item (1)
by adding to the final grade that they receive |
5 points
for the recognized preference achieved. The |
commission shall determine the number of preference points |
for each category except (1). The number of preference |
points for each category shall range from 0 to 5. In |
determining the number of preference points, the |
commission shall prescribe that if a candidate earns the |
maximum number of preference points in all categories, that |
number may not be less than 10 nor more than 30. The |
commission shall give preference for original appointment |
to persons designated in items (2) through (7) by adding |
the requisite number of points to the final grade for each |
recognized preference achieved. The numerical result thus |
attained shall be applied by the commission in determining |
the final eligibility list and appointment from the |
eligibility list. The local appointing authority may |
prescribe the total number of preference points awarded |
under this Section, but the total number of preference |
points shall not be less than 10 points or more than 30 |
points. |
No person entitled to any preference shall be required to |
claim the credit before any examination held under the |
|
provisions of this Section, but the preference shall be given |
after the posting or publication of the initial eligibility |
list or register at the request of a person entitled to a |
credit before any certification or appointments are made from |
the eligibility register, upon the furnishing of verifiable |
evidence and proof of qualifying preference credit. Candidates |
who are eligible for preference credit shall make a claim in |
writing within 10 days after the posting of the initial |
eligibility list, or the claim shall be deemed waived. Final |
eligibility registers shall be established after the awarding |
of verified preference points. All employment shall be subject |
to the commission's initial hire background review including, |
but not limited to, criminal history, employment history, moral |
character, oral examination, and medical and psychological |
examinations, all on a pass-fail basis. The medical and |
psychological examinations must be conducted last, and may only |
be performed after a conditional offer of employment has been |
extended. |
Any person placed on an eligibility list who exceeds the |
age requirement before being appointed to a fire department |
shall remain eligible for appointment until the list is |
abolished, or his or her name has been on the list for a period |
of 2 years. No person who has attained the age of 35 years |
shall be inducted into a fire department, except as otherwise |
provided in this Section. |
The commission shall strike off the names of candidates for |
|
original appointment after the names have been on the list for |
more than 2 years. |
(i) Moral character. No person shall be appointed to a fire |
department unless he or she is a person of good character; not |
a habitual drunkard, a gambler, or a person who has been |
convicted of a felony or a crime involving moral turpitude. |
However, no person shall be disqualified from appointment to |
the fire department because of the person's record of |
misdemeanor convictions except those under Sections 11-6, |
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
Criminal Code of 2012, or arrest for any cause without |
conviction thereon. Any such person who is in the department |
may be removed on charges brought for violating this subsection |
and after a trial as hereinafter provided. |
A classifiable set of the fingerprints of every person who |
is offered employment as a certificated member of an affected |
fire department whether with or without compensation, shall be |
furnished to the Illinois Department of State Police and to the |
Federal Bureau of Investigation by the commission. |
Whenever a commission is authorized or required by law to |
consider some aspect of criminal history record information for |
the purpose of carrying out its statutory powers and |
responsibilities, then, upon request and payment of fees in |
|
conformance with the requirements of Section 2605-400 of the |
State Police Law of the Civil Administrative Code of Illinois, |
the Department of State Police is authorized to furnish, |
pursuant to positive identification, the information contained |
in State files as is necessary to fulfill the request. |
(j) Temporary appointments. In order to prevent a stoppage |
of public business, to meet extraordinary exigencies, or to |
prevent material impairment of the fire department, the |
commission may make temporary appointments, to remain in force |
only until regular appointments are made under the provisions |
of this Division, but never to exceed 60 days. No temporary |
appointment of any one person shall be made more than twice in |
any calendar year. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or otherwise |
knowingly violates or subverts any requirement of this Section, |
commits a violation of this Section and may be subject to |
charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions.
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
97-1150, eff. 1-25-13.)
|
|
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
|
Sec. 10-2.1-4. Fire and police departments; Appointment of
|
members; Certificates of appointments. |
The board of fire and police commissioners shall appoint |
all officers
and members of the fire and police departments of |
the municipality,
including the chief of police and the chief |
of the fire department,
unless the council or board of trustees |
shall by ordinance as to them
otherwise provide; except as |
otherwise provided in this Section, and
except that in any |
municipality which adopts or has
adopted this Division 2.1 and |
also adopts or has adopted Article 5 of
this Code, the chief of |
police and the chief of the fire department
shall be appointed |
by the municipal manager, if it is provided by
ordinance in |
such municipality that such chiefs, or either of them,
shall |
not be appointed by the board of fire and police commissioners.
|
If the chief of the fire department or the chief of the |
police department
or both of them are appointed in the manner |
provided by ordinance, they
may be removed or discharged by the |
appointing authority. In such case
the appointing authority |
shall file with the corporate authorities the reasons
for such |
removal or discharge, which removal or discharge shall not |
become
effective unless confirmed by a majority vote of the |
corporate authorities.
|
If a member of the department is appointed chief of police |
or chief
of the fire department prior to being eligible to |
retire on pension, he
shall be considered as on furlough from |
|
the rank he held immediately
prior to his appointment as chief. |
If he resigns as chief or is
discharged as chief prior to |
attaining eligibility to retire on pension,
he shall revert to |
and be established in whatever rank he currently holds,
except |
for previously appointed positions, and thereafter
be entitled |
to all the benefits and emoluments of that rank,
without regard |
as to whether a vacancy then exists in that rank.
|
All appointments to each department other than that of the |
lowest
rank, however, shall be from the rank next below that to |
which the
appointment is made except as otherwise provided in |
this Section, and
except that the chief of police and the chief |
of the
fire department may be appointed from among members of |
the police and
fire departments, respectively, regardless of |
rank, unless the council
or board of trustees shall have by |
ordinance as to them otherwise provided.
A chief of police or |
the chief of the fire department, having been appointed
from |
among members
of the police or fire department, respectively, |
shall be permitted, regardless
of rank, to
take promotional
|
exams and be promoted to a higher classified rank than he |
currently holds,
without having to
resign as chief of police or |
chief of the fire department.
|
The sole authority to issue certificates of appointment |
shall be
vested in the Board of Fire and Police Commissioners |
and all
certificates of appointments issued to any officer or |
member of the fire
or police department of a municipality shall |
be signed by the chairman
and secretary respectively of the |
|
board of fire and police commissioners
of such municipality, |
upon appointment of such officer or member of the
fire and |
police department of such municipality by action of the board
|
of fire and police commissioners. In any municipal fire |
department that employs full-time firefighters and is subject |
to a collective bargaining agreement, a person who has not |
qualified for regular appointment under the provisions of this |
Division 2.1 shall not be used as a temporary or permanent |
substitute for classified members of a municipality's fire |
department or for regular appointment as a classified member of |
a municipality's fire department unless mutually agreed to by |
the employee's certified bargaining agent. Such agreement |
shall be considered a permissive subject of bargaining. |
Municipal fire departments covered by the changes made by this |
amendatory Act of the 95th General Assembly that are using |
non-certificated employees as substitutes immediately prior to |
the effective date of this amendatory Act of the 95th General |
Assembly may, by mutual agreement with the certified bargaining |
agent, continue the existing practice or a modified practice |
and that agreement shall be considered a permissive subject of |
bargaining. A home rule unit may not regulate the hiring of |
temporary or substitute members of the municipality's fire |
department in a manner that is inconsistent with this Section. |
This Section is a limitation under subsection (i) of Section 6 |
of Article VII of the Illinois Constitution on the concurrent |
exercise by home rule units of powers and functions exercised |
|
by the State.
|
The term "policemen" as used in this Division does not |
include
auxiliary police officers except as provided for in |
Section 10-2.1-6.
|
Any full time member of a regular fire or police department |
of any
municipality which comes under the provisions of this |
Division or adopts
this Division 2.1 or which has adopted any |
of the prior Acts pertaining to
fire and police commissioners, |
is a city officer.
|
Notwithstanding any other provision of this Section, the |
Chief of
Police of a department in a non-home rule municipality |
of more than 130,000
inhabitants may, without the advice or |
consent of the Board of
Fire and Police Commissioners, appoint |
up to 6 officers who shall be known
as deputy chiefs or |
assistant deputy chiefs, and whose rank shall be
immediately |
below that of Chief. The deputy or assistant deputy chiefs may
|
be appointed from any rank of sworn officers of that |
municipality, but no
person who is not such a sworn officer may |
be so appointed. Such deputy
chief or assistant deputy chief |
shall have the authority to direct and
issue orders to all |
employees of the Department holding the rank of captain
or any |
lower rank.
A deputy chief of police or assistant deputy chief |
of police, having been
appointed from any rank
of sworn |
officers of that municipality, shall be permitted, regardless |
of rank,
to take promotional
exams and be promoted to a higher |
classified rank than he currently holds,
without having to
|
|
resign as deputy chief of police or assistant deputy chief of |
police.
|
Notwithstanding any other provision of this Section, a |
non-home rule
municipality of 130,000 or fewer inhabitants, |
through its council or board
of trustees, may, by ordinance, |
provide for a position of deputy chief to be
appointed by the |
chief of the police department. The ordinance shall provide
for |
no more than one deputy chief position if the police department |
has fewer
than 25 full-time police officers and for no more |
than 2 deputy chief positions
if the police department has 25 |
or more full-time police officers. The deputy
chief position
|
shall be an exempt rank immediately below that of Chief. The |
deputy chief may
be appointed from any rank of sworn, full-time |
officers of the municipality's
police department, but must have |
at least 5 years of full-time service as a
police officer in |
that department. A deputy chief shall serve at the
discretion |
of the Chief and, if removed from the position,
shall revert to |
the rank currently held, without regard as to whether a
vacancy |
exists in
that rank. A deputy chief
of police, having been |
appointed from any rank of sworn full-time officers of
that |
municipality's
police department, shall be permitted, |
regardless of rank, to take promotional
exams and be
promoted |
to a higher classified rank than he currently holds, without |
having to
resign as deputy
chief of police.
|
No municipality having a population less than 1,000,000 |
shall require
that any firefighter appointed to the lowest
rank |
|
serve a probationary employment period of longer than one year. |
The
limitation on periods of probationary employment provided |
in this
amendatory Act of 1989 is an exclusive power and |
function of the State.
Pursuant to subsection (h) of Section 6 |
of Article VII of the Illinois
Constitution, a home rule |
municipality having a population less than 1,000,000
must |
comply with this limitation on periods of probationary |
employment, which
is a denial and limitation of home rule |
powers. Notwithstanding anything to
the contrary in this |
Section, the probationary employment period limitation
may be |
extended for a firefighter who is required, as a condition of |
employment, to be a licensed certified paramedic, during which |
time the sole reason that a firefighter may be discharged |
without a hearing is for failing to meet the requirements for |
paramedic licensure certification .
|
To the extent that this Section or any other Section in |
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, |
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. |
(Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12.)
|
(65 ILCS 5/10-2.1-6.3) |
Sec. 10-2.1-6.3. Original appointments; full-time fire |
department. |
(a) Applicability. Unless a commission elects to follow the |
provisions of Section 10-2.1-6.4, this Section shall apply to |
all original appointments to an affected full-time fire |
|
department. Existing registers of eligibles shall continue to |
be valid until their expiration dates, or up to a maximum of 2 |
years after the effective date of this amendatory Act of the |
97th General Assembly. |
Notwithstanding any statute, ordinance, rule, or other law |
to the contrary, all original appointments to an affected |
department to which this Section applies shall be administered |
in the manner provided for in this Section. Provisions of the |
Illinois Municipal Code, municipal ordinances, and rules |
adopted pursuant to such authority and other laws relating to |
initial hiring of firefighters in affected departments shall |
continue to apply to the extent they are compatible with this |
Section, but in the event of a conflict between this Section |
and any other law, this Section shall control. |
A home rule or non-home rule municipality may not |
administer its fire department process for original |
appointments in a manner that is less stringent than this |
Section. This Section is a limitation under subsection (i) of |
Section 6 of Article VII of the Illinois Constitution on the |
concurrent exercise by home rule units of the powers and |
functions exercised by the State. |
A municipality that is operating under a court order or |
consent decree regarding original appointments to a full-time |
fire department before the effective date of this amendatory |
Act of the 97th General Assembly is exempt from the |
requirements of this Section for the duration of the court |
|
order or consent decree. |
Notwithstanding any other provision of this subsection |
(a), this Section does not apply to a municipality with more |
than 1,000,000 inhabitants. |
(b) Original appointments. All original appointments made |
to an affected fire department shall be made from a register of |
eligibles established in accordance with the processes |
established by this Section. Only persons who meet or exceed |
the performance standards required by this Section shall be |
placed on a register of eligibles for original appointment to |
an affected fire department. |
Whenever an appointing authority authorizes action to hire |
a person to perform the duties of a firefighter or to hire a |
firefighter-paramedic to fill a position that is a new position |
or vacancy due to resignation, discharge, promotion, death, the |
granting of a disability or retirement pension, or any other |
cause, the appointing authority shall appoint to that position |
the person with the highest ranking on the final eligibility |
list. If the appointing authority has reason to conclude that |
the highest ranked person fails to meet the minimum standards |
for the position or if the appointing authority believes an |
alternate candidate would better serve the needs of the |
department, then the appointing authority has the right to pass |
over the highest ranked person and appoint either: (i) any |
person who has a ranking in the top 5% of the register of |
eligibles or (ii) any person who is among the top 5 highest |
|
ranked persons on the list of eligibles if the number of people |
who have a ranking in the top 5% of the register of eligibles |
is less than 5 people. |
Any candidate may pass on an appointment once without |
losing his or her position on the register of eligibles. Any |
candidate who passes a second time may be removed from the list |
by the appointing authority provided that such action shall not |
prejudice a person's opportunities to participate in future |
examinations, including an examination held during the time a |
candidate is already on the municipality's register of |
eligibles. |
The sole authority to issue certificates of appointment |
shall be vested in the board of fire and police commissioners. |
All certificates of appointment issued to any officer or member |
of an affected department shall be signed by the chairperson |
and secretary, respectively, of the board upon appointment of |
such officer or member to the affected department by action of |
the board. Each person who accepts a certificate of appointment |
and successfully completes his or her probationary period shall |
be enrolled as a firefighter and as a regular member of the |
fire department. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed by |
a State university and sworn or commissioned to perform |
|
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(c) Qualification for placement on register of eligibles. |
The purpose of establishing a register of eligibles is to |
identify applicants who possess and demonstrate the mental |
aptitude and physical ability to perform the duties required of |
members of the fire department in order to provide the highest |
quality of service to the public. To this end, all applicants |
for original appointment to an affected fire department shall |
be subject to examination and testing which shall be public, |
competitive, and open to all applicants unless the municipality |
shall by ordinance limit applicants to residents of the |
municipality, county or counties in which the municipality is |
located, State, or nation. Municipalities may establish |
educational, emergency medical service licensure, and other |
pre-requisites for participation in an examination or for hire |
as a firefighter. Any municipality may charge a fee to cover |
the costs of the application process. |
Residency requirements in effect at the time an individual |
enters the fire service of a municipality cannot be made more |
restrictive for that individual during his or her period of |
|
service for that municipality, or be made a condition of |
promotion, except for the rank or position of fire chief and |
for no more than 2 positions that rank immediately below that |
of the chief rank which are appointed positions pursuant to the |
Fire Department Promotion Act. |
No person who is 35 years of age or older shall be eligible |
to take an examination for a position as a firefighter unless |
the person has had previous employment status as a firefighter |
in the regularly constituted fire department of the |
municipality, except as provided in this Section. The age |
limitation does not apply to: |
(1) any person previously employed as a full-time |
firefighter in a regularly constituted fire department of |
(i) any municipality or fire protection district located in |
Illinois, (ii) a fire protection district whose |
obligations were assumed by a municipality under Section 21 |
of the Fire Protection District Act, or (iii) a |
municipality whose obligations were taken over by a fire |
protection district, or |
(2) any person who has served a municipality as a |
regularly enrolled volunteer, paid-on-call, or part-time |
firefighter for the 5 years immediately preceding the time |
that the municipality begins to use full-time firefighters |
to provide all or part of its fire protection service. |
No person who is under 21 years of age shall be eligible |
for employment as a firefighter. |
|
No applicant shall be examined concerning his or her |
political or religious opinions or affiliations. The |
examinations shall be conducted by the commissioners of the |
municipality or their designees and agents. |
No municipality shall require that any firefighter |
appointed to the lowest rank serve a probationary employment |
period of longer than one year of actual active employment, |
which may exclude periods of training, or injury or illness |
leaves, including duty related leave, in excess of 30 calendar |
days. Notwithstanding anything to the contrary in this Section, |
the probationary employment period limitation may be extended |
for a firefighter who is required, as a condition of |
employment, to be a licensed certified paramedic, during which |
time the sole reason that a firefighter may be discharged |
without a hearing is for failing to meet the requirements for |
paramedic licensure certification . |
In the event that any applicant who has been found eligible |
for appointment and whose name has been placed upon the final |
eligibility register provided for in this Section has not been |
appointed to a firefighter position within one year after the |
date of his or her physical ability examination, the commission |
may cause a second examination to be made of that applicant's |
physical ability prior to his or her appointment. If, after the |
second examination, the physical ability of the applicant shall |
be found to be less than the minimum standard fixed by the |
rules of the commission, the applicant shall not be appointed. |
|
The applicant's name may be retained upon the register of |
candidates eligible for appointment and when next reached for |
certification and appointment that applicant may be again |
examined as provided in this Section, and if the physical |
ability of that applicant is found to be less than the minimum |
standard fixed by the rules of the commission, the applicant |
shall not be appointed, and the name of the applicant shall be |
removed from the register. |
(d) Notice, examination, and testing components. Notice of |
the time, place, general scope, merit criteria for any |
subjective component, and fee of every examination shall be |
given by the commission, by a publication at least 2 weeks |
preceding the examination: (i) in one or more newspapers |
published in the municipality, or if no newspaper is published |
therein, then in one or more newspapers with a general |
circulation within the municipality, or (ii) on the |
municipality's Internet website. Additional notice of the |
examination may be given as the commission shall prescribe. |
The examination and qualifying standards for employment of |
firefighters shall be based on: mental aptitude, physical |
ability, preferences, moral character, and health. The mental |
aptitude, physical ability, and preference components shall |
determine an applicant's qualification for and placement on the |
final register of eligibles. The examination may also include a |
subjective component based on merit criteria as determined by |
the commission. Scores from the examination must be made |
|
available to the public. |
(e) Mental aptitude. No person who does not possess at |
least a high school diploma or an equivalent high school |
education shall be placed on a register of eligibles. |
Examination of an applicant's mental aptitude shall be based |
upon a written examination. The examination shall be practical |
in character and relate to those matters that fairly test the |
capacity of the persons examined to discharge the duties |
performed by members of a fire department. Written examinations |
shall be administered in a manner that ensures the security and |
accuracy of the scores achieved. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform the |
essential functions included in the duties they may be called |
upon to perform as a member of a fire department. For the |
purposes of this Section, essential functions of the job are |
functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in the following |
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
|
that may be required in the performance of duties including |
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions |
to test both the candidate's speed and endurance in |
performing tasks and evolutions. Tasks tested may be based |
on standards developed, or approved, by the local |
appointing authority. |
(2) The ability to climb ladders, operate from heights, |
walk or crawl in the dark along narrow and uneven surfaces, |
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
|
capabilities in each of these dimensions may be tests based on
|
industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
Physical ability examinations administered under this |
Section shall be conducted with a reasonable number of proctors |
and monitors, open to the public, and subject to reasonable |
regulations of the commission. |
(g) Scoring of examination components. Appointing |
authorities may create a preliminary eligibility register. A |
|
person shall be placed on the list based upon his or her |
passage of the written examination or the passage of the |
written examination and the physical ability component. |
Passage of the written examination means a score that is at or |
above the median score for all applicants participating in the |
written test. The appointing authority may conduct the physical |
ability component and any subjective components subsequent to |
the posting of the preliminary eligibility register. |
The examination components for an initial eligibility |
register shall be graded on a 100-point scale. A person's |
position on the list shall be determined by the following: (i)
|
the person's score on the written examination, (ii) the person
|
successfully passing the physical ability component, and (iii) |
the
person's results on any subjective component as described |
in
subsection (d). |
In order to qualify for placement on the final eligibility |
register, an applicant's score on the written examination, |
before any applicable preference points or subjective points |
are applied, shall be at or above the median score. The local |
appointing authority may prescribe the score to qualify for |
placement on the final eligibility register, but the score |
shall not be less than the median score. |
The commission shall prepare and keep a register of persons |
whose total score is not less than the minimum fixed by this |
Section and who have passed the physical ability examination. |
These persons shall take rank upon the register as candidates |
|
in the order of their relative excellence based on the highest |
to the lowest total points scored on the mental aptitude, |
subjective component, and preference components of the test |
administered in accordance with this Section. No more than 60 |
days after each examination, an initial eligibility list shall |
be posted by the commission. The list shall include the final |
grades of the candidates without reference to priority of the |
time of examination and subject to claim for preference credit. |
Commissions may conduct additional examinations, including |
without limitation a polygraph test, after a final eligibility |
register is established and before it expires with the |
candidates ranked by total score without regard to date of |
examination. No more than 60 days after each examination, an |
initial eligibility list shall be posted by the commission |
showing the final grades of the candidates without reference to |
priority of time of examination and subject to claim for |
preference credit. |
(h) Preferences. The following are preferences: |
(1) Veteran preference. Persons who were engaged in the |
military service of the United States for a period of at |
least one year of active duty and who were honorably |
discharged therefrom, or who are now or have been members |
on inactive or reserve duty in such military or naval |
service, shall be preferred for appointment to and |
employment with the fire department of an affected |
department. |
|
(2) Fire cadet preference. Persons who have |
successfully completed 2 years of study in fire techniques |
or cadet training within a cadet program established under |
the rules of the Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may be preferred for appointment to and |
employment with the fire department. |
(3) Educational preference. Persons who have |
successfully obtained an associate's degree in the field of |
fire service or emergency medical services, or a bachelor's |
degree from an accredited college or university may be |
preferred for appointment to and employment with the fire |
department. |
(4) Paramedic preference. Persons who have obtained a |
license certification as a paramedic an Emergency Medical |
Technician-Paramedic (EMT-P) shall be preferred for |
appointment to and employment with the fire department of |
an affected department providing emergency medical |
services. |
(5) Experience preference. All persons employed by a |
municipality who have been paid-on-call or part-time |
certified Firefighter II, State of Illinois or nationally |
licensed EMT, EMT-B or EMT-I, A-EMT, or any combination of |
those capacities shall be awarded 0.5 point for each year |
of successful service in one or more of those capacities, |
up to a maximum of 5 points. Certified Firefighter III and |
|
State of Illinois or nationally licensed paramedics shall |
be awarded one point per year up to a maximum of 5 points. |
Applicants from outside the municipality who were employed |
as full-time firefighters or firefighter-paramedics by a |
fire protection district or another municipality for at |
least 2 years shall be awarded 5 experience preference |
points. These additional points presuppose a rating scale |
totaling 100 points available for the eligibility list. If |
more or fewer points are used in the rating scale for the |
eligibility list, the points awarded under this subsection |
shall be increased or decreased by a factor equal to the |
total possible points available for the examination |
divided by 100. |
Upon request by the commission, the governing body of |
the municipality or in the case of applicants from outside |
the municipality the governing body of any fire protection |
district or any other municipality shall certify to the |
commission, within 10 days after the request, the number of |
years of successful paid-on-call, part-time, or full-time |
service of any person. A candidate may not receive the full |
amount of preference points under this subsection if the |
amount of points awarded would place the candidate before a |
veteran on the eligibility list. If more than one candidate |
receiving experience preference points is prevented from |
receiving all of their points due to not being allowed to |
pass a veteran, the candidates shall be placed on the list |
|
below the veteran in rank order based on the totals |
received if all points under this subsection were to be |
awarded. Any remaining ties on the list shall be determined |
by lot. |
(6) Residency preference. Applicants whose principal |
residence is located within the fire department's |
jurisdiction shall be preferred for appointment to and |
employment with the fire department. |
(7) Additional preferences. Up to 5 additional |
preference points may be awarded for unique categories |
based on an applicant's experience or background as |
identified by the commission. |
(8) Scoring of preferences. The commission shall give |
preference for original appointment
to persons designated |
in item (1)
by adding to the final grade that they receive |
5 points
for the recognized preference achieved. The |
commission shall determine the number of preference points |
for each category except (1). The number of preference |
points for each category shall range from 0 to 5. In |
determining the number of preference points, the |
commission shall prescribe that if a candidate earns the |
maximum number of preference points in all categories, that |
number may not be less than 10 nor more than 30. The |
commission shall give preference for original appointment |
to persons designated in items (2) through (7) by adding |
the requisite number of points to the final grade for each |
|
recognized preference achieved. The numerical result thus |
attained shall be applied by the commission in determining |
the final eligibility list and appointment from the |
eligibility list. The local appointing authority may |
prescribe the total number of preference points awarded |
under this Section, but the total number of preference |
points shall not be less than 10 points or more than 30 |
points. |
No person entitled to any preference shall be required to |
claim the credit before any examination held under the |
provisions of this Section, but the preference shall be given |
after the posting or publication of the initial eligibility |
list or register at the request of a person entitled to a |
credit before any certification or appointments are made from |
the eligibility register, upon the furnishing of verifiable |
evidence and proof of qualifying preference credit. Candidates |
who are eligible for preference credit shall make a claim in |
writing within 10 days after the posting of the initial |
eligibility list, or the claim shall be deemed waived. Final |
eligibility registers shall be established after the awarding |
of verified preference points. All employment shall be subject |
to the commission's initial hire background review including, |
but not limited to, criminal history, employment history, moral |
character, oral examination, and medical and psychological |
examinations, all on a pass-fail basis. The medical and |
psychological examinations must be conducted last, and may only |
|
be performed after a conditional offer of employment has been |
extended. |
Any person placed on an eligibility list who exceeds the |
age requirement before being appointed to a fire department |
shall remain eligible for appointment until the list is |
abolished, or his or her name has been on the list for a period |
of 2 years. No person who has attained the age of 35 years |
shall be inducted into a fire department, except as otherwise |
provided in this Section. |
The commission shall strike off the names of candidates for |
original appointment after the names have been on the list for |
more than 2 years. |
(i) Moral character. No person shall be appointed to a fire |
department unless he or she is a person of good character; not |
a habitual drunkard, a gambler, or a person who has been |
convicted of a felony or a crime involving moral turpitude. |
However, no person shall be disqualified from appointment to |
the fire department because of the person's record of |
misdemeanor convictions except those under Sections 11-6, |
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
Criminal Code of 2012, or arrest for any cause without |
conviction thereon. Any such person who is in the department |
may be removed on charges brought for violating this subsection |
|
and after a trial as hereinafter provided. |
A classifiable set of the fingerprints of every person who |
is offered employment as a certificated member of an affected |
fire department whether with or without compensation, shall be |
furnished to the Illinois Department of State Police and to the |
Federal Bureau of Investigation by the commission. |
Whenever a commission is authorized or required by law to |
consider some aspect of criminal history record information for |
the purpose of carrying out its statutory powers and |
responsibilities, then, upon request and payment of fees in |
conformance with the requirements of Section 2605-400 of the |
State Police Law of the Civil Administrative Code of Illinois, |
the Department of State Police is authorized to furnish, |
pursuant to positive identification, the information contained |
in State files as is necessary to fulfill the request. |
(j) Temporary appointments. In order to prevent a stoppage |
of public business, to meet extraordinary exigencies, or to |
prevent material impairment of the fire department, the |
commission may make temporary appointments, to remain in force |
only until regular appointments are made under the provisions |
of this Division, but never to exceed 60 days. No temporary |
appointment of any one person shall be made more than twice in |
any calendar year. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or otherwise |
knowingly violates or subverts any requirement of this Section, |
|
commits a violation of this Section and may be subject to |
charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions.
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
97-1150, eff. 1-25-13.)
|
(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
|
Sec. 10-2.1-14. Register of eligibles. The board of fire |
and police
commissioners shall prepare and keep a register of |
persons whose general
average standing, upon examination, is |
not less than the minimum fixed by the
rules of the board, and |
who are otherwise eligible. These persons shall take
rank upon |
the register as candidates in the order of their relative |
excellence
as determined by examination, without reference to |
priority of time of
examination.
The board of fire and police |
commissioners may prepare and keep a second register of persons |
who have previously been full-time sworn officers of a regular |
police department in any municipal, county, university, or |
State law enforcement agency, provided they are certified by |
the Illinois Law Enforcement Training Standards Board and have |
been with their respective law enforcement agency within the |
State for at least 2 years. The persons on this list shall take |
|
rank upon the register as candidates in the order of their |
relative excellence as determined by members of the board of |
fire and police commissioners. Applicants who have been awarded |
a certificate attesting to their successful
completion of the |
Minimum Standards Basic Law Enforcement Training Course, as
|
provided in the Illinois Police Training Act, may be given |
preference in
appointment over noncertified applicants. |
Applicants for appointment to fire departments who are licensed |
as an EMT EMT-B , EMT-I, A-EMT, or paramedic EMT-P under the |
Emergency Medical Services (EMS) Systems Act, may be given |
preference in appointment over non-licensed applicants.
|
Within 60 days after each examination, an eligibility list
|
shall be posted by the board, which shall show the final grades |
of
the candidates without reference to priority of time of |
examination
and subject to claim for military credit. |
Candidates who are
eligible for military credit shall make a |
claim in writing within 10 days after
the posting of the |
eligibility list or such claim shall be deemed waived.
|
Appointment shall be subject to a final physical examination.
|
If a person is placed on an eligibility list and becomes |
overage before he
or she is appointed to a police or fire |
department, the person remains eligible
for appointment until |
the list is abolished pursuant to authorized procedures.
|
Otherwise no person who has attained the age of 36 years shall |
be inducted as a
member of a police department and no person |
who has attained the age of 35
years shall be inducted as a |
|
member of a fire department, except as otherwise
provided in |
this division. With respect to a police department, a veteran |
shall be allowed to exceed the maximum age provision of this |
Section by the number of years served on active military duty, |
but by no more than 10 years of active military duty.
|
(Source: P.A. 95-931, eff. 1-1-09; 96-472, eff. 8-14-09.)
|
(65 ILCS 5/10-2.1-31) |
Sec. 10-2.1-31. Emergency medical technician licensure. |
The corporate authorities of any municipality may require that |
all firefighters hired by the municipality on or after January |
1, 2009 ( the effective date of Public Act 95-935) this |
amendatory Act of the 95th General Assembly be licensed as an |
EMT EMT-B , EMT-I, A-EMT, or paramedic EMT-P under the Emergency |
Medical Services (EMS) Systems Act.
|
(Source: P.A. 95-935, eff. 1-1-09.) |
Section 20. The Fire Protection District Act is amended by |
changing Sections 16.06b, 16.08b, and 16.13b as follows: |
(70 ILCS 705/16.06b) |
Sec. 16.06b. Original appointments; full-time fire |
department. |
(a) Applicability. Unless a commission elects to follow the |
provisions of Section 16.06c, this Section shall apply to all |
original appointments to an affected full-time fire |
|
department. Existing registers of eligibles shall continue to |
be valid until their expiration dates, or up to a maximum of 2 |
years after the effective date of this amendatory Act of the |
97th General Assembly. |
Notwithstanding any statute, ordinance, rule, or other law |
to the contrary, all original appointments to an affected |
department to which this Section applies shall be administered |
in a no less stringent manner than the manner provided for in |
this Section. Provisions of the Illinois Municipal Code, Fire |
Protection District Act, fire district ordinances, and rules |
adopted pursuant to such authority and other laws relating to |
initial hiring of firefighters in affected departments shall |
continue to apply to the extent they are compatible with this |
Section, but in the event of a conflict between this Section |
and any other law, this Section shall control. |
A fire protection district that is operating under a court |
order or consent decree regarding original appointments to a |
full-time fire department before the effective date of this |
amendatory Act of the 97th General Assembly is exempt from the |
requirements of this Section for the duration of the court |
order or consent decree. |
(b) Original appointments. All original appointments made |
to an affected fire department shall be made from a register of |
eligibles established in accordance with the processes |
required by this Section. Only persons who meet or exceed the |
performance standards required by the Section shall be placed |
|
on a register of eligibles for original appointment to an |
affected fire department. |
Whenever an appointing authority authorizes action to hire |
a person to perform the duties of a firefighter or to hire a |
firefighter-paramedic to fill a position that is a new position |
or vacancy due to resignation, discharge, promotion, death, the |
granting of a disability or retirement pension, or any other |
cause, the appointing authority shall appoint to that position |
the person with the highest ranking on the final eligibility |
list. If the appointing authority has reason to conclude that |
the highest ranked person fails to meet the minimum standards |
for the position or if the appointing authority believes an |
alternate candidate would better serve the needs of the |
department, then the appointing authority has the right to pass |
over the highest ranked person and appoint either: (i) any |
person who has a ranking in the top 5% of the register of |
eligibles or (ii) any person who is among the top 5 highest |
ranked persons on the list of eligibles if the number of people |
who have a ranking in the top 5% of the register of eligibles |
is less than 5 people. |
Any candidate may pass on an appointment once without |
losing his or her position on the register of eligibles. Any |
candidate who passes a second time may be removed from the list |
by the appointing authority provided that such action shall not |
prejudice a person's opportunities to participate in future |
examinations, including an examination held during the time a |
|
candidate is already on the fire district's register of |
eligibles. |
The sole authority to issue certificates of appointment |
shall be vested in the board of fire commissioners, or board of |
trustees serving in the capacity of a board of fire |
commissioners. All certificates of appointment issued to any |
officer or member of an affected department shall be signed by |
the chairperson and secretary, respectively, of the commission |
upon appointment of such officer or member to the affected |
department by action of the commission. Each person who accepts |
a certificate of appointment and successfully completes his or |
her probationary period shall be enrolled as a firefighter and |
as a regular member of the fire department. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed by |
a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(c) Qualification for placement on register of eligibles. |
|
The purpose of establishing a register of eligibles is to |
identify applicants who possess and demonstrate the mental |
aptitude and physical ability to perform the duties required of |
members of the fire department in order to provide the highest |
quality of service to the public. To this end, all applicants |
for original appointment to an affected fire department shall |
be subject to examination and testing which shall be public, |
competitive, and open to all applicants unless the district |
shall by ordinance limit applicants to residents of the |
district, county or counties in which the district is located, |
State, or nation. Districts may establish educational, |
emergency medical service licensure, and other pre-requisites |
for participation in an examination or for hire as a |
firefighter. Any fire protection district may charge a fee to |
cover the costs of the application process. |
Residency requirements in effect at the time an individual |
enters the fire service of a district cannot be made more |
restrictive for that individual during his or her period of |
service for that district, or be made a condition of promotion, |
except for the rank or position of fire chief and for no more |
than 2 positions that rank immediately below that of the chief |
rank which are appointed positions pursuant to the Fire |
Department Promotion Act. |
No person who is 35 years of age or older shall be eligible |
to take an examination for a position as a firefighter unless |
the person has had previous employment status as a firefighter |
|
in the regularly constituted fire department of the district, |
except as provided in this Section. The age limitation does not |
apply to: |
(1) any person previously employed as a full-time |
firefighter in a regularly constituted fire department of |
(i) any municipality or fire protection district located in |
Illinois, (ii) a fire protection district whose |
obligations were assumed by a municipality under Section 21 |
of the Fire Protection District Act, or (iii) a |
municipality whose obligations were taken over by a fire |
protection district, or |
(2) any person who has served a fire district as a |
regularly enrolled volunteer, paid-on-call, or part-time |
firefighter for the 5 years immediately preceding the time |
that the district begins to use full-time firefighters to |
provide all or part of its fire protection service. |
No person who is under 21 years of age shall be eligible |
for employment as a firefighter. |
No applicant shall be examined concerning his or her |
political or religious opinions or affiliations. The |
examinations shall be conducted by the commissioners of the |
district or their designees and agents. |
No district shall require that any firefighter appointed to |
the lowest rank serve a probationary employment period of |
longer than one year of actual active employment, which may |
exclude periods of training, or injury or illness leaves, |
|
including duty related leave, in excess of 30 calendar days. |
Notwithstanding anything to the contrary in this Section, the |
probationary employment period limitation may be extended for a |
firefighter who is required, as a condition of employment, to |
be a licensed certified paramedic, during which time the sole |
reason that a firefighter may be discharged without a hearing |
is for failing to meet the requirements for paramedic licensure |
certification . |
In the event that any applicant who has been found eligible |
for appointment and whose name has been placed upon the final |
eligibility register provided for in this Section has not been |
appointed to a firefighter position within one year after the |
date of his or her physical ability examination, the commission |
may cause a second examination to be made of that applicant's |
physical ability prior to his or her appointment. If, after the |
second examination, the physical ability of the applicant shall |
be found to be less than the minimum standard fixed by the |
rules of the commission, the applicant shall not be appointed. |
The applicant's name may be retained upon the register of |
candidates eligible for appointment and when next reached for |
certification and appointment that applicant may be again |
examined as provided in this Section, and if the physical |
ability of that applicant is found to be less than the minimum |
standard fixed by the rules of the commission, the applicant |
shall not be appointed, and the name of the applicant shall be |
removed from the register. |
|
(d) Notice, examination, and testing components. Notice of |
the time, place, general scope, merit criteria for any |
subjective component, and fee of every examination shall be |
given by the commission, by a publication at least 2 weeks |
preceding the examination: (i) in one or more newspapers |
published in the district, or if no newspaper is published |
therein, then in one or more newspapers with a general |
circulation within the district, or (ii) on the fire protection |
district's Internet website. Additional notice of the |
examination may be given as the commission shall prescribe. |
The examination and qualifying standards for employment of |
firefighters shall be based on: mental aptitude, physical |
ability, preferences, moral character, and health. The mental |
aptitude, physical ability, and preference components shall |
determine an applicant's qualification for and placement on the |
final register of eligibles. The examination may also include a |
subjective component based on merit criteria as determined by |
the commission. Scores from the examination must be made |
available to the public. |
(e) Mental aptitude. No person who does not possess at |
least a high school diploma or an equivalent high school |
education shall be placed on a register of eligibles. |
Examination of an applicant's mental aptitude shall be based |
upon a written examination. The examination shall be practical |
in character and relate to those matters that fairly test the |
capacity of the persons examined to discharge the duties |
|
performed by members of a fire department. Written examinations |
shall be administered in a manner that ensures the security and |
accuracy of the scores achieved. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform the |
essential functions included in the duties they may be called |
upon to perform as a member of a fire department. For the |
purposes of this Section, essential functions of the job are |
functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in the following |
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties including |
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions |
to test both the candidate's speed and endurance in |
performing tasks and evolutions. Tasks tested may be based |
on standards developed, or approved, by the local |
appointing authority. |
(2) The ability to climb ladders, operate from heights, |
|
walk or crawl in the dark along narrow and uneven surfaces, |
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
|
capabilities in each of these dimensions may be tests based on
|
industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
Physical ability examinations administered under this |
Section shall be conducted with a reasonable number of proctors |
and monitors, open to the public, and subject to reasonable |
regulations of the commission. |
(g) Scoring of examination components. Appointing |
authorities may create a preliminary eligibility register. A |
person shall be placed on the list based upon his or her |
passage of the written examination or the passage of the |
written examination and the physical ability component. |
Passage of the written examination means a score that is at or |
above the median score for all applicants participating in the |
written test. The appointing authority may conduct the physical |
ability component and any subjective components subsequent to |
the posting of the preliminary eligibility register. |
|
The examination components for an initial eligibility |
register shall be graded on a 100-point scale. A person's |
position on the list shall be determined by the following: (i)
|
the person's score on the written examination, (ii) the person
|
successfully passing the physical ability component, and (iii) |
the
person's results on any subjective component as described |
in
subsection (d). |
In order to qualify for placement on the final eligibility |
register, an applicant's score on the written examination, |
before any applicable preference points or subjective points |
are applied, shall be at or above the median score. The local |
appointing authority may prescribe the score to qualify for |
placement on the final eligibility register, but the score |
shall not be less than the median score. |
The commission shall prepare and keep a register of persons |
whose total score is not less than the minimum fixed by this |
Section and who have passed the physical ability examination. |
These persons shall take rank upon the register as candidates |
in the order of their relative excellence based on the highest |
to the lowest total points scored on the mental aptitude, |
subjective component, and preference components of the test |
administered in accordance with this Section. No more than 60 |
days after each examination, an initial eligibility list shall |
be posted by the commission. The list shall include the final |
grades of the candidates without reference to priority of the |
time of examination and subject to claim for preference credit. |
|
Commissions may conduct additional examinations, including |
without limitation a polygraph test, after a final eligibility |
register is established and before it expires with the |
candidates ranked by total score without regard to date of |
examination. No more than 60 days after each examination, an |
initial eligibility list shall be posted by the commission |
showing the final grades of the candidates without reference to |
priority of time of examination and subject to claim for |
preference credit. |
(h) Preferences. The following are preferences: |
(1) Veteran preference. Persons who were engaged in the |
military service of the United States for a period of at |
least one year of active duty and who were honorably |
discharged therefrom, or who are now or have been members |
on inactive or reserve duty in such military or naval |
service, shall be preferred for appointment to and |
employment with the fire department of an affected |
department. |
(2) Fire cadet preference. Persons who have |
successfully completed 2 years of study in fire techniques |
or cadet training within a cadet program established under |
the rules of the Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may be preferred for appointment to and |
employment with the fire department. |
(3) Educational preference. Persons who have |
|
successfully obtained an associate's degree in the field of |
fire service or emergency medical services, or a bachelor's |
degree from an accredited college or university may be |
preferred for appointment to and employment with the fire |
department. |
(4) Paramedic preference. Persons who have obtained a |
license certification as a paramedic an Emergency Medical |
Technician-Paramedic (EMT-P) may be preferred for |
appointment to and employment with the fire department of |
an affected department providing emergency medical |
services. |
(5) Experience preference. All persons employed by a |
district who have been paid-on-call or part-time certified |
Firefighter II, certified Firefighter III, State of |
Illinois or nationally licensed EMT, EMT-B or EMT-I, A-EMT, |
or licensed paramedic, or any combination of those |
capacities may be awarded up to a maximum of 5 points. |
However, the applicant may not be awarded more than 0.5 |
points for each complete year of paid-on-call or part-time |
service. Applicants from outside the district who were |
employed as full-time firefighters or |
firefighter-paramedics by a fire protection district or |
municipality for at least 2 years may be awarded up to 5 |
experience preference points. However, the applicant may |
not be awarded more than one point for each complete year |
of full-time service. |
|
Upon request by the commission, the governing body of |
the district or in the case of applicants from outside the |
district the governing body of any other fire protection |
district or any municipality shall certify to the |
commission, within 10 days after the request, the number of |
years of successful paid-on-call, part-time, or full-time |
service of any person. A candidate may not receive the full |
amount of preference points under this subsection if the |
amount of points awarded would place the candidate before a |
veteran on the eligibility list. If more than one candidate |
receiving experience preference points is prevented from |
receiving all of their points due to not being allowed to |
pass a veteran, the candidates shall be placed on the list |
below the veteran in rank order based on the totals |
received if all points under this subsection were to be |
awarded. Any remaining ties on the list shall be determined |
by lot. |
(6) Residency preference. Applicants whose principal |
residence is located within the fire department's |
jurisdiction may be preferred for appointment to and |
employment with the fire department. |
(7) Additional preferences. Up to 5 additional |
preference points may be awarded for unique categories |
based on an applicant's experience or background as |
identified by the commission. |
(8) Scoring of preferences. The
commission shall give |
|
preference for original appointment
to persons designated |
in item (1)
by adding to the final grade that they receive |
5 points
for the recognized preference achieved. The |
commission shall determine the number of preference points |
for each category except (1). The number of preference |
points for each category shall range from 0 to 5. In |
determining the number of preference points, the |
commission shall prescribe that if a candidate earns the |
maximum number of preference points in all categories, that |
number may not be less than 10 nor more than 30. The |
commission shall give preference for original appointment |
to persons designated in items (2) through (7) by adding |
the requisite number of points to the final grade for each |
recognized preference achieved. The numerical result thus |
attained shall be applied by the commission in determining |
the final eligibility list and appointment from the |
eligibility list. The local appointing authority may |
prescribe the total number of preference points awarded |
under this Section, but the total number of preference |
points shall not be less than 10 points or more than 30 |
points. |
No person entitled to any preference shall be required to |
claim the credit before any examination held under the |
provisions of this Section, but the preference shall be given |
after the posting or publication of the initial eligibility |
list or register at the request of a person entitled to a |
|
credit before any certification or appointments are made from |
the eligibility register, upon the furnishing of verifiable |
evidence and proof of qualifying preference credit. Candidates |
who are eligible for preference credit shall make a claim in |
writing within 10 days after the posting of the initial |
eligibility list, or the claim shall be deemed waived. Final |
eligibility registers shall be established after the awarding |
of verified preference points. All employment shall be subject |
to the commission's initial hire background review including, |
but not limited to, criminal history, employment history, moral |
character, oral examination, and medical and psychological |
examinations, all on a pass-fail basis. The medical and |
psychological examinations must be conducted last, and may only |
be performed after a conditional offer of employment has been |
extended. |
Any person placed on an eligibility list who exceeds the |
age requirement before being appointed to a fire department |
shall remain eligible for appointment until the list is |
abolished, or his or her name has been on the list for a period |
of 2 years. No person who has attained the age of 35 years |
shall be inducted into a fire department, except as otherwise |
provided in this Section. |
The commission shall strike off the names of candidates for |
original appointment after the names have been on the list for |
more than 2 years. |
(i) Moral character. No person shall be appointed to a fire |
|
department unless he or she is a person of good character; not |
a habitual drunkard, a gambler, or a person who has been |
convicted of a felony or a crime involving moral turpitude. |
However, no person shall be disqualified from appointment to |
the fire department because of the person's record of |
misdemeanor convictions except those under Sections 11-6, |
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
Criminal Code of 2012, or arrest for any cause without |
conviction thereon. Any such person who is in the department |
may be removed on charges brought for violating this subsection |
and after a trial as hereinafter provided. |
A classifiable set of the fingerprints of every person who |
is offered employment as a certificated member of an affected |
fire department whether with or without compensation, shall be |
furnished to the Illinois Department of State Police and to the |
Federal Bureau of Investigation by the commission. |
Whenever a commission is authorized or required by law to |
consider some aspect of criminal history record information for |
the purpose of carrying out its statutory powers and |
responsibilities, then, upon request and payment of fees in |
conformance with the requirements of Section 2605-400 of the |
State Police Law of the Civil Administrative Code of Illinois, |
the Department of State Police is authorized to furnish, |
|
pursuant to positive identification, the information contained |
in State files as is necessary to fulfill the request. |
(j) Temporary appointments. In order to prevent a stoppage |
of public business, to meet extraordinary exigencies, or to |
prevent material impairment of the fire department, the |
commission may make temporary appointments, to remain in force |
only until regular appointments are made under the provisions |
of this Section, but never to exceed 60 days. No temporary |
appointment of any one person shall be made more than twice in |
any calendar year. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or otherwise |
knowingly violates or subverts any requirement of this Section, |
commits a violation of this Section and may be subject to |
charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions.
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
97-1150, eff. 1-25-13.) |
(70 ILCS 705/16.08b) |
Sec. 16.08b. Emergency medical technician licensure. The |
board of trustees of a fire protection district may require |
|
that all firefighters hired on or after January 1, 2005 ( the |
effective date of Public Act 93-952) this amendatory Act of the |
93rd General Assembly by any fire department within the |
district must be licensed as an EMT EMT-B , EMT-I, A-EMT, or |
paramedic EMT-P under the Emergency Medical Services (EMS) |
Systems Act.
|
(Source: P.A. 93-952, eff. 1-1-05.)
|
(70 ILCS 705/16.13b) (from Ch. 127 1/2, par. 37.13b)
|
Sec. 16.13b. Unless the employer and a labor organization |
have agreed
to a contract provision providing for final and |
binding arbitration of
disputes concerning the existence of |
just cause for disciplinary action,
no officer or member of the |
fire department of any protection district who
has held that |
position for one year shall be removed or discharged
except for |
just cause, upon written charges specifying the
complainant and |
the basis for the charges, and after a hearing on those
charges |
before the board of fire commissioners, affording the officer |
or
member an opportunity to be heard in his own defense. In |
such case the
appointing authority shall file with the board of |
trustees the reasons for
such removal or discharge, which |
removal or discharge shall not become
effective unless |
confirmed by a majority vote of the board of trustees.
If |
written charges are brought against an officer or member,
the |
board of fire commissioners shall conduct a fair and impartial |
hearing
of the charges, to be commenced within 30 days of the |
|
filing thereof, which
hearing may be continued from time to |
time. The Chief of the department
shall bear the burden of |
proving the guilt of the officer or member by a
preponderance |
of the evidence. In case an officer or member is found
guilty, |
the board may discharge him, or may suspend him not exceeding |
30
calendar days without pay. The board may suspend any officer |
or member
pending the hearing with or without pay, but in no |
event shall the
suspension pending hearing and the ultimate |
suspension imposed on the
officer or member, if any, exceed 30 |
calendar days without pay in the
aggregate. If the board of |
fire commissioners determines that the charges
are not |
sustained, the officer or member shall be reimbursed for all |
wages
withheld or lost, if any. In the conduct of this hearing, |
each member of
the board shall have power to secure by its |
subpoena both the attendance
and testimony of witnesses and the |
production of books and papers relevant
to the hearing.
|
Notwithstanding any other provision of this Section, a |
probationary employment period may be extended beyond one year |
for a firefighter who is required as a condition of employment |
to be a licensed certified paramedic, during which time the |
sole reason that a firefighter may be discharged without a |
hearing is for failing to meet the requirements for paramedic |
licensure certification .
|
The age for mandatory retirement of firemen in the service |
of any
department of such district is 65 years, unless the |
board of trustees shall
by ordinance provide for an earlier |
|
mandatory retirement age of not less
than 60 years.
|
The provisions of the Administrative Review Law, and all |
amendments and
modifications thereof, and the rules adopted |
pursuant thereto, shall apply
to and govern all proceedings for |
the judicial review of final
administrative decisions of the |
board of fire commissioners hereunder. The
term |
"administrative decision" is defined as in Section 3-101 of the |
Code
of Civil Procedure.
|
Nothing in this Section shall be construed to prevent the |
Chief of the
fire department from suspending without pay a |
member of his department for
a period of not more than 5 |
consecutive calendar days, but he shall
notify the board in |
writing of such suspension. Any fireman so suspended
may appeal |
to the board of fire commissioners for a review of the
|
suspension within 5 calendar days after such suspension. Upon |
such appeal,
the Chief of the department shall bear the burden |
of proof in establishing
the guilt of the officer or member by |
a preponderance of the evidence. The
board may sustain the |
action of the Chief of the department, may reduce the
|
suspension to a lesser penalty, or may reverse it with |
instructions that
the officer or member receive his pay and |
other benefits withheld for the
period involved, or may suspend |
the officer for an additional period of not
more than 30 days, |
or discharge him, depending upon the facts presented.
|
(Source: P.A. 94-135, eff. 7-7-05.)
|
|
Section 25. The Emergency Medical Services (EMS) Systems |
Act is amended by changing Sections 3.5, 3.10, 3.15, 3.20, |
3.25, 3.35, 3.40, 3.45, 3.50, 3.55, 3.65, 3.70, 3.75, 3.80, |
3.130, 3.140, 3.165, 3.170, 3.180, 3.200, 3.205, and 3.210 as |
follows:
|
(210 ILCS 50/3.5)
|
Sec. 3.5. Definitions. As used in this Act:
|
"Department" means the Illinois Department of Public |
Health.
|
"Director" means the Director of the Illinois Department of |
Public Health.
|
"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.
|
"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). |
"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 EMTs to render
pre-hospital emergency care prior to |
the
arrival of a transport vehicle, as defined in this Act.
|
"Hospital" has the meaning ascribed to that
term in the |
Hospital Licensing Act.
|
"Trauma" means any significant injury which
involves |
single or multiple organ systems.
|
(Source: P.A. 89-177, eff. 7-19-95.)
|
(210 ILCS 50/3.10)
|
Sec. 3.10. Scope of Services.
|
(a) "Advanced Life Support (ALS) Services" means
an |
advanced level of pre-hospital and inter-hospital emergency
|
care and non-emergency medical services that includes basic |
life
support care, cardiac monitoring, cardiac defibrillation,
|
electrocardiography, intravenous therapy, administration of
|
medications, drugs and solutions, use of adjunctive medical
|
devices, trauma care, and other authorized techniques and
|
procedures, as outlined in the provisions of the National EMS |
Education Standards relating to Advanced Life Support national |
curriculum of the United States Department of
Transportation |
and any modifications to that curriculum
specified in rules |
adopted by the Department pursuant to
this Act.
|
That care shall be initiated as authorized by the EMS
|
Medical Director in a Department approved advanced life
support |
|
EMS System, under the written or verbal direction of
a |
physician licensed to practice medicine in all of its
branches |
or under the verbal direction of an Emergency
Communications |
Registered Nurse.
|
(b) "Intermediate Life Support (ILS) Services"
means an |
intermediate level of pre-hospital and inter-hospital
|
emergency care and non-emergency medical services that |
includes
basic life support care plus intravenous cannulation |
and
fluid therapy, invasive airway management, trauma care, and
|
other authorized techniques and procedures, as outlined in
the |
Intermediate Life Support national curriculum of the
United |
States Department of Transportation and any
modifications to |
that curriculum specified in rules adopted
by the Department |
pursuant to this Act.
|
That care shall be initiated as authorized by the EMS
|
Medical Director in a Department approved intermediate or
|
advanced life support EMS System, under the written or
verbal |
direction of a physician licensed to practice
medicine in all |
of its branches or under the verbal
direction of an Emergency |
Communications Registered Nurse.
|
(c) "Basic Life Support (BLS) Services" means a
basic level |
of pre-hospital and inter-hospital emergency care and
|
non-emergency medical services that includes airway |
management,
cardiopulmonary resuscitation (CPR), control of |
shock and
bleeding and splinting of fractures, as outlined in |
the provisions of the National EMS Education Standards relating |
|
to Basic Life Support national curriculum of the United States
|
Department of Transportation and any modifications to that
|
curriculum specified in rules adopted by the Department
|
pursuant to this Act.
|
That care shall be initiated, where authorized by the
EMS |
Medical Director in a Department approved EMS System,
under the |
written or verbal direction of a physician
licensed to practice |
medicine in all of its branches or
under the verbal direction |
of an Emergency Communications
Registered Nurse.
|
(d) " Emergency Medical Responder First Response Services" |
means a preliminary
level of pre-hospital emergency care that |
includes
cardiopulmonary resuscitation (CPR), monitoring vital |
signs
and control of bleeding, as outlined in the Emergency |
Medical Responder (EMR) curriculum of the National EMS |
Education Standards First Responder
curriculum of the United |
States Department of Transportation
and any modifications to |
that curriculum specified in rules
adopted by the Department |
pursuant to this Act.
|
(e) "Pre-hospital care" means those emergency
medical |
services rendered to emergency patients for analytic,
|
resuscitative, stabilizing, or preventive purposes,
precedent |
to and during transportation of such patients to
health care |
facilities hospitals .
|
(f) "Inter-hospital care" means those emergency
medical |
services rendered to emergency patients for
analytic, |
resuscitative, stabilizing, or preventive
purposes, during |
|
transportation of such patients from one
hospital to another |
hospital.
|
(f-5) "Critical care transport" means the pre-hospital or |
inter-hospital transportation of a critically injured or ill |
patient by a vehicle service provider, including the provision |
of medically necessary supplies and services, at a level of |
service beyond the scope of the Paramedic EMT-paramedic . When |
medically indicated for a patient, as determined by a physician |
licensed to practice medicine in all of its branches, an |
advanced practice nurse, or a physician's assistant, in |
compliance with subsections (b) and (c) of Section 3.155 of |
this Act, critical care transport may be provided by: |
(1) Department-approved critical care transport |
providers, not owned or operated by a hospital, utilizing |
Paramedics EMT-paramedics with additional training, |
nurses, or other qualified health professionals; or |
(2) Hospitals, when utilizing any vehicle service |
provider or any hospital-owned or operated vehicle service |
provider. Nothing in Public Act 96-1469 this amendatory Act |
of the 96th General Assembly requires a hospital to use, or |
to be, a Department-approved critical care transport |
provider when transporting patients, including those |
critically injured or ill. Nothing in this Act shall |
restrict or prohibit a hospital from providing, or |
arranging for, the medically appropriate transport of any |
patient, as determined by a physician licensed to practice |
|
in all of its branches, an advanced practice nurse, or a |
physician's assistant. |
(g) "Non-emergency medical services" means medical care or |
monitoring rendered to
patients whose conditions do not meet |
this Act's definition of emergency, before or
during |
transportation of such patients to or from health care |
facilities visited for the
purpose of obtaining medical or |
health care services which are not emergency in
nature, using a |
vehicle regulated by this Act.
|
(g-5) The Department shall have the authority to promulgate |
minimum standards for critical care transport providers |
through rules adopted pursuant to this Act. All critical care |
transport providers must function within a Department-approved |
EMS System. Nothing in Department rules shall restrict a |
hospital's ability to furnish personnel, equipment, and |
medical supplies to any vehicle service provider, including a |
critical care transport provider. Minimum critical care |
transport provider standards shall include, but are not limited |
to: |
(1) Personnel staffing and licensure. |
(2) Education, certification, and experience. |
(3) Medical equipment and supplies. |
(4) Vehicular standards. |
(5) Treatment and transport protocols. |
(6) Quality assurance and data collection. |
(h)
The provisions of this Act shall not apply to
the use |
|
of an ambulance or SEMSV, unless and until
emergency or |
non-emergency medical services are needed
during the use of the |
ambulance or SEMSV.
|
(Source: P.A. 96-1469, eff. 1-1-11.)
|
(210 ILCS 50/3.15)
|
Sec. 3.15. Emergency Medical Services (EMS) Regions. The |
Beginning September 1, 1995, the Department shall
designate |
Emergency Medical Services (EMS) Regions within the
State, |
consisting of specific geographic areas encompassing
EMS |
Systems and trauma centers, in which emergency medical
|
services, trauma services, and non-emergency medical
services |
are coordinated under an EMS Region Plan.
|
In designating EMS Regions, the Department shall take
into |
consideration, but not be limited to, the location of
existing |
EMS Systems, Trauma Regions and trauma centers,
existing |
patterns of inter-System transports, population
locations and |
density, transportation modalities, and
geographical distance |
from available trauma and emergency
department care.
|
Use of the term Trauma Region to identify a specific
|
geographic area shall be discontinued upon designation of
areas |
as EMS Regions.
|
(Source: P.A. 89-177, eff. 7-19-95.)
|
(210 ILCS 50/3.20)
|
Sec. 3.20. Emergency Medical Services (EMS) Systems. |
|
(a) "Emergency Medical Services (EMS) System" means an
|
organization of hospitals, vehicle service providers and
|
personnel approved by the Department in a specific
geographic |
area, which coordinates and provides pre-hospital
and |
inter-hospital emergency care and non-emergency medical
|
transports at a BLS, ILS and/or ALS level pursuant to a
System |
program plan submitted to and approved by the
Department, and |
pursuant to the EMS Region Plan adopted for
the EMS Region in |
which the System is located. |
(b) One hospital in each System program plan must be
|
designated as the Resource Hospital. All other hospitals
which |
are located within the geographic boundaries of a
System and |
which have standby, basic or comprehensive level
emergency |
departments must function in that EMS System as
either an |
Associate Hospital or Participating Hospital and
follow all |
System policies specified in the System Program
Plan, including |
but not limited to the replacement of drugs
and equipment used |
by providers who have delivered patients
to their emergency |
departments. All hospitals and vehicle
service providers |
participating in an EMS System must
specify their level of |
participation in the System Program
Plan. |
(c) The Department shall have the authority and
|
responsibility to: |
(1) Approve BLS, ILS and ALS level EMS Systems which
|
meet minimum standards and criteria established in rules
|
adopted by the Department pursuant to this Act, including
|
|
the submission of a Program Plan for Department approval.
|
Beginning September 1, 1997, the Department shall approve
|
the development of a new EMS System only when a local or
|
regional need for establishing such System has been
|
verified by the Department. This shall not be construed as |
a needs assessment for health
planning or
other purposes |
outside of this Act.
Following Department approval, EMS |
Systems must
be fully operational within one year from the |
date of
approval. |
(2) Monitor EMS Systems, based on minimum standards for
|
continuing operation as prescribed in rules adopted by the
|
Department pursuant to this Act, which shall include
|
requirements for submitting Program Plan amendments to the
|
Department for approval. |
(3) Renew EMS System approvals every 4 years, after
an |
inspection, based on compliance with the standards for
|
continuing operation prescribed in rules adopted by the
|
Department pursuant to this Act. |
(4) Suspend, revoke, or refuse to renew approval of
any |
EMS System, after providing an opportunity for a
hearing, |
when findings show that it does not meet the
minimum |
standards for continuing operation as prescribed by
the |
Department, or is found to be in violation of its
|
previously approved Program Plan. |
(5) Require each EMS System to adopt written protocols
|
for the bypassing of or diversion to any hospital, trauma
|
|
center or regional trauma center, which provide that a |
person
shall not be transported to a facility other than |
the nearest
hospital, regional trauma center or trauma |
center unless the
medical benefits to the patient |
reasonably expected from the
provision of appropriate |
medical treatment at a more distant
facility outweigh the |
increased risks to the patient from
transport to the more |
distant facility, or the transport is in
accordance with |
the System's protocols for patient
choice or refusal. |
(6) Require that the EMS Medical Director of an ILS or
|
ALS level EMS System be a physician licensed to practice
|
medicine in all of its branches in Illinois, and certified |
by
the American Board of Emergency Medicine or the American |
Osteopathic Board
of Osteopathic Emergency Medicine, and |
that the EMS Medical
Director of a BLS level EMS System be |
a physician licensed to
practice medicine in all of its |
branches in Illinois, with
regular and frequent |
involvement in pre-hospital emergency
medical services. In |
addition, all EMS Medical Directors shall: |
(A) Have experience on an EMS vehicle at the
|
highest level available within the System, or make |
provision
to gain such experience within 12 months |
prior to the
date responsibility for the System is |
assumed or within 90
days after assuming the position; |
(B) Be thoroughly knowledgeable of all skills
|
included in the scope of practices of all levels of EMS
|
|
personnel within the System; |
(C) Have or make provision to gain experience
|
instructing students at a level similar to that of the |
levels
of EMS personnel within the System; and |
(D) For ILS and ALS EMS Medical Directors,
|
successfully complete a Department-approved EMS |
Medical
Director's Course. |
(7) Prescribe statewide EMS data elements to be
|
collected and documented by providers in all EMS Systems |
for
all emergency and non-emergency medical services, with |
a
one-year phase-in for commencing collection of such data
|
elements. |
(8) Define, through rules adopted pursuant to this Act,
|
the terms "Resource Hospital", "Associate Hospital",
|
"Participating Hospital", "Basic Emergency Department",
|
"Standby Emergency Department", "Comprehensive Emergency |
Department", "EMS
Medical Director", "EMS Administrative
|
Director", and "EMS System Coordinator". |
(A) (Blank). Upon the effective date of this |
amendatory Act of 1995,
all existing Project Medical |
Directors shall be considered EMS
Medical Directors, |
and all persons serving in such capacities
on the |
effective date of this amendatory Act of 1995 shall be |
exempt from
the requirements of paragraph (7) of this |
subsection; |
(B) (Blank). Upon the effective date of this |
|
amendatory Act of 1995, all
existing EMS System Project |
Directors shall be considered EMS
Administrative |
Directors. |
(9) Investigate the
circumstances that caused a |
hospital
in an EMS system
to go on
bypass status to |
determine whether that hospital's decision to go on bypass
|
status was reasonable. The Department may impose |
sanctions, as
set forth in Section 3.140 of the Act, upon a |
Department determination that the
hospital unreasonably
|
went on bypass status in violation of the Act. |
(10) Evaluate the capacity and performance of any |
freestanding emergency center established under Section |
32.5 of this Act in meeting emergency medical service needs |
of the public, including compliance with applicable |
emergency medical standards and assurance of the |
availability of and immediate access to the highest quality |
of medical care possible.
|
(11) Permit limited EMS System participation by |
facilities operated by the United States Department of |
Veterans Affairs, Veterans Health Administration. Subject |
to patient preference, Illinois EMS providers may |
transport patients to Veterans Health Administration |
facilities that voluntarily participate in an EMS System. |
Any Veterans Health Administration facility seeking |
limited participation in an EMS System shall agree to |
comply with all Department administrative rules |
|
implementing this Section. The Department may promulgate |
rules, including, but not limited to, the types of Veterans |
Health Administration facilities that may participate in |
an EMS System and the limitations of participation. |
(Source: P.A. 96-1009, eff. 1-1-11; 96-1469, eff. 1-1-11; |
97-333, eff. 8-12-11.)
|
(210 ILCS 50/3.25)
|
Sec. 3.25. EMS Region Plan; Development.
|
(a) Within 6 months after designation of an EMS
Region, an |
EMS Region Plan addressing at least the information
prescribed |
in Section 3.30 shall be submitted to the
Department for |
approval. The Plan shall be developed by the
Region's EMS |
Medical Directors Committee with advice from the
Regional EMS |
Advisory Committee; portions of the plan
concerning trauma |
shall be developed jointly with the Region's
Trauma Center |
Medical Directors or Trauma Center Medical
Directors |
Committee, whichever is applicable, with advice from
the |
Regional Trauma Advisory Committee, if such Advisory
Committee |
has been established in the Region. Portions of the Plan |
concerning stroke shall be developed jointly with the Regional |
Stroke Advisory Subcommittee.
|
(1) A Region's EMS Medical Directors
Committee shall be |
comprised of the Region's EMS Medical Directors,
along with |
the medical advisor to a fire department
vehicle service |
provider. For regions which include a municipal fire
|
|
department serving a population of over 2,000,000 people, |
that fire
department's medical advisor shall serve on the |
Committee. For other regions,
the fire department vehicle |
service providers shall select which medical
advisor to |
serve on the Committee on an annual basis.
|
(2) A Region's Trauma Center Medical Directors
|
Committee shall be comprised of the Region's Trauma Center
|
Medical Directors.
|
(b) A Region's Trauma Center Medical Directors may
choose |
to participate in the development of the EMS Region
Plan |
through membership on the Regional EMS Advisory
Committee, |
rather than through a separate Trauma Center Medical Directors
|
Committee. If that option is selected,
the Region's Trauma |
Center Medical Director shall also
determine whether a separate |
Regional Trauma Advisory
Committee is necessary for the Region.
|
(c) In the event of disputes over content of the
Plan |
between the Region's EMS Medical Directors Committee and the
|
Region's Trauma Center Medical Directors or Trauma Center
|
Medical Directors Committee, whichever is applicable, the
|
Director of the Illinois Department of Public Health shall
|
intervene through a mechanism established by the Department
|
through rules adopted pursuant to this Act.
|
(d) "Regional EMS Advisory Committee" means a
committee |
formed within an Emergency Medical Services (EMS)
Region to |
advise the Region's EMS Medical Directors
Committee and to |
select the Region's representative to the
State Emergency |
|
Medical Services Advisory Council,
consisting of at least the |
members of the Region's EMS
Medical Directors Committee, the |
Chair of the Regional
Trauma Committee, the EMS System |
Coordinators from each
Resource Hospital within the Region, one |
administrative
representative from an Associate Hospital |
within the Region,
one administrative representative from a |
Participating
Hospital within the Region, one administrative
|
representative from the vehicle service provider which
|
responds to the highest number of calls for emergency service |
within
the Region, one administrative representative of a |
vehicle
service provider from each System within the Region, |
one individual from each level of license provided in Section |
3.50 of this Act, one Pre-Hospital Registered Nurse
Emergency |
Medical Technician (EMT)/Pre-Hospital RN from each
level of |
EMT/Pre-Hospital RN practicing within the Region,
and one |
registered professional nurse currently practicing
in an |
emergency department within the Region.
Of the 2 administrative |
representatives of vehicle service providers, at
least one |
shall be an administrative representative of a private vehicle
|
service provider. The
Department's Regional EMS Coordinator |
for each Region shall
serve as a non-voting member of that |
Region's EMS Advisory
Committee.
|
Every 2 years, the members of the Region's EMS Medical
|
Directors Committee shall rotate serving as Committee Chair,
|
and select the Associate Hospital, Participating Hospital
and |
vehicle service providers which shall send
representatives to |
|
the Advisory Committee, and the
EMS personnel |
EMTs/Pre-Hospital RN and nurse who shall serve on the
Advisory |
Committee.
|
(e) "Regional Trauma Advisory Committee" means a
committee |
formed within an Emergency Medical Services (EMS)
Region, to |
advise the Region's Trauma Center Medical
Directors Committee, |
consisting of at least the Trauma
Center Medical Directors and |
Trauma Coordinators from each
Trauma Center within the Region, |
one EMS Medical Director
from a resource hospital within the |
Region, one EMS System
Coordinator from another resource |
hospital within the
Region, one representative each from a |
public and private
vehicle service provider which transports |
trauma patients
within the Region, an administrative |
representative from
each trauma center within the Region, one |
EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or PHRN EMT |
representing
the highest level of EMS personnel EMT practicing |
within the Region, one
emergency physician and one Trauma Nurse |
Specialist (TNS)
currently practicing in a trauma center. The |
Department's
Regional EMS Coordinator for each Region shall |
serve as a
non-voting member of that Region's Trauma Advisory
|
Committee.
|
Every 2 years, the members of the Trauma Center Medical
|
Directors Committee shall rotate serving as Committee Chair,
|
and select the vehicle service providers, EMS personnel EMT , |
emergency
physician, EMS System Coordinator and TNS who shall |
serve on
the Advisory Committee.
|
|
(Source: P.A. 96-514, eff. 1-1-10.)
|
(210 ILCS 50/3.35)
|
Sec. 3.35.
Emergency Medical Services (EMS) Resource
|
Hospital; Functions.
The Resource Hospital of an EMS System |
shall:
|
(a) Prepare a Program Plan in accordance with the
|
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.
|
(b) Appoint an EMS Medical Director, who will
continually |
monitor and supervise the System and who will
have the |
responsibility and authority for total management
of the System |
as delegated by the EMS Resource Hospital.
|
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.
|
(c) Appoint an EMS System Coordinator and EMS
|
Administrative Director in consultation with the EMS Medical
|
Director and in accordance with rules adopted by the Department
|
pursuant to this Act.
|
(d) Identify potential EMS System participants and
obtain |
commitments from them for the provision of services.
|
(e) Educate or coordinate the education of EMS personnel |
|
and all other license holders EMT
personnel 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 EMT provider |
personnel
who have successfully completed the requirements as |
provided by law for initial licensure , license renewal, and |
license reinstatement
testing and relicensure by the |
Department , except that an
ILS or ALS level System may require |
its EMT-B personnel to
apply directly to the Department for |
determination of
successful completion of relicensure |
requirements .
|
(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.
|
(h) Establish or approve protocols for prearrival
medical |
instructions to callers by System Emergency Medical
|
Dispatchers who provide such instructions.
|
(i) Educate or coordinate the education of
Pre-Hospital |
Registered Nurse RN 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.
|
(j) Approve Pre-Hospital Registered Nurse RN and ECRN |
candidates to
practice within the System, and reapprove |
Pre-Hospital Registered Nurses RNs
and ECRNs every 4 years in |
accordance with the
requirements of the Department and the |
|
System Program Plan.
|
(k) Establish protocols for the use of Pre-Hospital |
Registered Nurses
RNs within the System.
|
(l) Establish protocols for utilizing ECRNs and
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.
|
(m) Monitor emergency and non-emergency medical
transports |
within the System, in accordance with rules
adopted by the |
Department pursuant to this Act.
|
(n) Utilize levels of personnel required by the
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.
|
(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.
|
(p) Establish and implement a program for System
|
participant information and education, in accordance with
|
|
rules adopted by the Department pursuant to this Act.
|
(q) Establish and implement a program for public
|
information and education, in accordance with rules adopted
by |
the Department pursuant to this Act.
|
(r) Operate in compliance with the EMS Region Plan.
|
(Source: P.A. 89-177, eff. 7-19-95.)
|
(210 ILCS 50/3.40)
|
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 EMT or |
other provider , an EMS Medical Director
shall provide an the |
EMT or provider 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 EMT or provider 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 suspension shall commence only upon the |
occurrence of one of the
following:
|
(A) the individual or entity EMT or provider has |
waived the opportunity for a hearing before
the local |
System review board; or
|
(B) the suspension order has been affirmed or |
modified by the local system review
board
and the |
individual or entity EMT or provider has waived the |
opportunity for review by the State
Board; or
|
(C) the suspension 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.
|
(c) An EMS Medical Director may immediately suspend an EMR, |
EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other |
individual or entity EMT or other
provider if he or she finds |
that the information in his or her possession
indicates that |
the
continuation in practice by the individual or entity an EMT |
or other provider would constitute an
imminent danger to the |
public. The suspended individual or entity EMT or other |
|
provider shall be
issued an immediate verbal notification |
followed by a written suspension order
to the EMT or other |
provider 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 , or 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 EMT or provider . 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.
|
(2) Within 24 hours following the commencement of the |
suspension, the
suspended individual or entity EMT or |
provider may deliver to the Department, by messenger , or
|
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 EMT or provider feels are appropriate relate to that |
response . 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 EMT or provider's written response, whichever is |
later,
the Director or the Director's designee shall |
determine whether the suspension
should be stayed pending |
an the EMT's or provider's 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 EMT or provider . The suspension shall remain
in |
effect during this period of review by the Director or the |
Director's
designee.
|
(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 EMT or provider
|
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 EMT or provider 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 EMT or provider |
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 individual provider 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. 89-177, eff. 7-19-95.)
|
(210 ILCS 50/3.45)
|
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-Paramedic (EMT-P) , an Emergency
Medical |
Technician (EMT) Technician-Basic (EMT-B) , and the following |
members,
who shall only review cases in which a party is from |
the
same professional category: a Pre-Hospital Registered |
Nurse RN , 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 Of the members first appointed, 2 members shall
be |
appointed for a term of one year, 2 members shall be
appointed |
|
for a term of 2 years and the remaining members
shall be |
appointed for a term of 3 years. The terms of
subsequent |
appointments shall be 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 to suspend an EMT or |
other
individual provider from participating within an EMS |
System .
|
(d) Any An individual or entity , individual provider or |
other
participant 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
participant may request the Board to |
reverse or modify the
local board's decision.
|
(e) Any An individual or entity , individual provider or |
other
participant 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 regularly meet on the first
Tuesday of |
every month, unless no requests for review have
been submitted. |
Additional meetings of the Board shall be
scheduled as |
necessary to ensure insure 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.
|
(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. 89-177, eff. 7-19-95; 90-144, eff. 7-23-97.)
|
(210 ILCS 50/3.50)
|
Sec. 3.50. Emergency Medical Services personnel licensure |
levels Technician (EMT) Licensure .
|
(a) "Emergency Medical Technician Technician-Basic " or
|
" EMT EMT-B " means a person who has successfully completed a |
course of
instruction in basic life support
as approved |
prescribed 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 of |
instruction in intermediate life support
as approved
|
prescribed 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) Emergency Medical |
Technician-Paramedic" or "EMT-P " means a person who
has |
successfully completed a
course of instruction in advanced life |
support care
as approved
prescribed 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 EMT , based on the |
National EMS Educational Standards respective national
|
curricula of the United States Department of |
Transportation
and any modifications to those such |
curricula specified by the
Department through rules |
adopted pursuant to this Act.
|
(2) Prescribe licensure testing requirements
for all |
levels of EMS personnel EMT , which shall include a |
requirement that
all phases of instruction, training, and |
field experience be
completed before taking the |
appropriate EMT licensure examination.
Candidates may |
elect to take the appropriate National Registry of
|
Emergency Medical Technicians 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 EMT |
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 EMT |
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 class of EMS personnel EMT
license issued.
|
(3) License individuals as an EMR, EMT EMT-B , EMT-I, |
A-EMT,
or Paramedic EMT-P 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 levels of EMT .
|
|
(5) Relicense individuals as an EMD, EMR, EMT EMT-B , |
EMT-I, A-EMT,
or Paramedic EMT-P 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 an EMT-P 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 EMT-B shall have 60 hours of approved |
continuing education. An Illinois licensed EMR, EMD, EMT, |
EMT-I, A-EMT, Paramedic, ECRN, or PHRN Emergency Medical |
Technician 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 EMT license sought to be |
reinstated.
|
(6) Grant inactive status to any EMR, EMD, EMT, EMT-I, |
A-EMT, Paramedic, ECRN, or PHRN EMT 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 EMT 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. |
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or |
PHRN An EMT 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 subsection 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 for EMT |
licensure 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. 97-333, eff. 8-12-11; 97-509, eff. 8-23-11; |
97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; 98-53, eff. 1-1-14; |
98-463, eff. 8-16-13.)
|
(210 ILCS 50/3.55)
|
Sec. 3.55. Scope of practice.
|
(a) Any person currently licensed as an EMR, EMT EMT-B , |
EMT-I,
A-EMT, or Paramedic EMT-P 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 A person currently approved as a First |
Responder or licensed as an
EMT-B, EMT-I, or EMT-P who have has |
successfully completed a Department approved
course in |
automated defibrillator operation and who are is 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 he or she practices , as contained |
in the approved Program Plan for that
System.
|
(a-7) An EMT A person currently licensed as an EMT-B , |
EMT-I, A-EMT, or Paramedic EMT-P
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 EMT medical supplies whenever
|
he or she is performing official the duties as determined by |
the EMS System of an emergency medical
technician .
|
(b) An EMR, EMT A person currently licensed as an EMT-B ,
|
EMT-I, A-EMT, or Paramedic EMT-P may only practice as an EMR, |
EMT, EMT-I, A-EMT, or Paramedic EMT or utilize his or her EMR, |
EMT, EMT-I, A-EMT, or Paramedic EMT 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 EMTs 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
EMT'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-B , EMT-I, |
A-EMT, or Paramedic
EMT-P 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-B ,
EMT-I, A-EMT, or Paramedic EMT-P from seeking |
credentials other than his or her EMT , EMT-I, A-EMT, 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 A person currently licensed as an EMT-B ,
EMT-I, |
A-EMT, or Paramedic EMT-P 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
emergency medical technician 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 a qualified EMS personnel |
EMT , only when
authorized by the EMS Medical Director.
|
(Source: P.A. 92-376, eff. 8-15-01.)
|
(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 |
prescribed
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 certification , and an |
application for relicensure recertification .
|
(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-B , EMT-I, A-EMT, |
Paramedic, PHRN EMT-P,
Pre-Hospital RN , ECRN, EMR, First |
Responder 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 , or 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. 96-1469, eff. 1-1-11.)
|
(210 ILCS 50/3.70)
|
Sec. 3.70. Emergency Medical Dispatcher.
|
(a) "Emergency Medical Dispatcher" means a person
who has |
successfully completed a training course in emergency medical
|
dispatching meeting or
exceeding the national curriculum of the |
United States
Department of Transportation in accordance with |
rules
adopted by the Department pursuant to this Act, who |
accepts
calls from the public for emergency medical services |
and
dispatches designated emergency medical services personnel
|
and vehicles. The Emergency Medical Dispatcher must use the
|
Department-approved
emergency medical dispatch priority |
reference system (EMDPRS) protocol
selected for use by its |
|
agency and approved by its EMS medical director. This
protocol |
must be used by an emergency medical dispatcher in an emergency
|
medical dispatch agency to dispatch aid to medical emergencies |
which includes
systematized caller interrogation questions; |
systematized prearrival support
instructions; and systematized |
coding protocols that match the dispatcher's
evaluation of the |
injury or illness severity with the vehicle response mode and
|
vehicle response configuration and includes an appropriate |
training curriculum
and testing process consistent with the |
specific EMDPRS protocol used by the
emergency medical dispatch |
agency. Prearrival support instructions shall
be provided in a |
non-discriminatory manner and shall be provided in accordance
|
with the EMDPRS established by the EMS medical director of the |
EMS system in
which the EMD operates. If the dispatcher
|
operates under the authority of an Emergency Telephone
System |
Board established under the Emergency Telephone
System Act, the |
protocols shall be established by such Board
in consultation |
with the EMS Medical Director. Persons who
have already |
completed a course of instruction in emergency
medical dispatch |
based on, equivalent to or exceeding the
national curriculum of |
the United States Department of
Transportation, or as otherwise |
approved by the Department,
shall be considered Emergency |
Medical Dispatchers on the
effective date of this amendatory |
Act.
|
(b) The Department shall have the authority and
|
responsibility to:
|
|
(1) Require licensure and relicensure certification |
and recertification of a person who meets the
training and |
other requirements as an emergency medical dispatcher |
pursuant to
this Act.
|
(2) Require licensure and relicensure certification |
and recertification of a person, organization,
or |
government agency that operates an emergency medical |
dispatch agency that
meets
the minimum standards |
prescribed by the Department for an emergency medical
|
dispatch agency pursuant to this Act.
|
(3) Prescribe minimum education and continuing
|
education
requirements for the
Emergency Medical |
Dispatcher, which meet standards specified by the
national |
curriculum of the United States Department of
|
Transportation, through rules adopted pursuant to this |
Act.
|
(4) Require each EMS Medical Director to report to the |
Department
whenever
an
action has taken place that may |
require the revocation or suspension of a license
|
certificate issued by the Department.
|
(5) Require each EMD to provide
prearrival
|
instructions in compliance with protocols selected and |
approved by the system's
EMS
medical director and approved |
by the Department.
|
(6) Require the Emergency Medical Dispatcher
to keep |
the Department currently informed as to the entity or
|
|
agency that employs or supervises his activities as an
|
Emergency Medical Dispatcher.
|
(7) Establish an annual relicensure recertification |
requirement
that requires at least 12 hours of medical
|
dispatch-specific continuing education as prescribed by |
the Department through rules adopted pursuant to this Act
|
each year .
|
(8) Approve all EMDPRS protocols used by emergency |
medical dispatch
agencies to assure compliance with |
national standards.
|
(9) Require that Department-approved emergency medical |
dispatch training
programs are conducted in accordance |
with national standards.
|
(10) Require that the emergency medical dispatch |
agency be operated in
accordance with national standards, |
including, but not limited to, (i) the use
on every
request |
for medical assistance of an emergency medical dispatch |
priority
reference
system (EMDPRS) in accordance with |
Department-approved policies and procedures
and
(ii) under |
the approval and supervision of the EMS medical director, |
the
establishment of
a continuous quality improvement |
program.
|
(11) Require that a person may not represent himself or |
herself, nor may
an
agency or business represent an agent |
or employee of that agency or business,
as
an emergency |
medical dispatcher unless licensed certified by the |
|
Department as an
emergency medical dispatcher.
|
(12) Require that a person, organization, or |
government agency not
represent itself as an emergency |
medical dispatch agency unless the person,
organization, |
or government agency is certified by the Department as an
|
emergency medical dispatch agency.
|
(13) Require that a person, organization, or |
government agency may not
offer
or conduct a training |
course that is represented as a course for an emergency
|
medical dispatcher unless the person, organization, or |
agency is approved by
the Department to offer or conduct |
that course.
|
(14) Require that Department-approved emergency |
medical dispatcher
training programs are conducted by |
instructors licensed by the Department who:
|
(i) are, at a minimum, licensed certified as |
emergency medical dispatchers;
|
(ii) have completed a Department-approved course |
on methods of
instruction;
|
(iii) have previous experience in a medical |
dispatch agency; and
|
(iv) have demonstrated experience as an EMS |
instructor.
|
(15) Establish criteria for modifying or
waiving |
Emergency Medical Dispatcher requirements based on (i) the |
scope
and frequency of dispatch activities and the |
|
dispatcher's
access to training or (ii) whether the |
previously-attended dispatcher
training program merits |
automatic relicensure recertification for the dispatcher.
|
(16) Charge each Emergency Medical Dispatcher |
applicant a fee for licensure and license renewal. |
(c) The Department shall have the authority to suspend, |
revoke, or refuse to issue or renew the license of an EMD when, |
after notice and the opportunity for an impartial 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 standard of care. |
(Source: P.A. 96-1469, eff. 1-1-11.)
|
(210 ILCS 50/3.75)
|
Sec. 3.75. Trauma Nurse Specialist (TNS) licensure |
Certification .
|
(a) "Trauma Nurse Specialist" or "TNS"
means a registered |
professional nurse licensed under the Nurse Practice Act who |
has successfully completed supplemental
education and testing |
requirements as prescribed by the
Department, and is licensed |
certified by the Department in accordance
with rules adopted by |
the Department pursuant to this Act. 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) The Department shall have the authority and
|
responsibility to:
|
(1) Establish criteria for TNS training
sites, through |
rules adopted pursuant to this Act;
|
(2) Prescribe education and testing
requirements for |
TNS candidates, which shall include an opportunity for |
licensure
certification based on examination only, through |
rules
adopted pursuant to this Act;
|
(3) Charge each candidate for TNS licensure
|
certification a fee to be submitted with an application for |
a licensure certification
examination, an application for |
licensure certification , and an application for |
relicensure recertification ;
|
(4) License Certify an individual as a TNS who has
met |
the Department's education and testing requirements;
|
(5) Prescribe relicensure recertification requirements
|
through rules adopted pursuant to this Act;
|
(6) Relicense Recertify an individual as a TNS every
4 |
years, based on compliance with relicensure |
recertification
requirements;
|
(7) Grant inactive status to any TNS who
qualifies, |
based on standards and procedures established by
the |
Department in rules adopted pursuant to this Act; and
|
(8) Suspend, revoke , or refuse to issue or renew deny |
|
renewal of the license
certification of a TNS, after an |
opportunity for hearing by
the Department, if findings show |
that the TNS has failed to
maintain proficiency in the |
level of skills for which the
TNS is licensed certified or |
has failed to comply with relicensure
recertification |
requirements.
|
(Source: P.A. 96-1469, eff. 1-1-11.)
|
(210 ILCS 50/3.80)
|
Sec. 3.80. Pre-Hospital Registered Nurse RN 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.
|
Upon the effective date of this amendatory Act of 1995, all
|
|
existing Registered Professional Nurse/MICNs shall be
|
considered ECRNs.
|
(b) "Pre-Hospital Registered Nurse" , or "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.
|
Upon the effective date of this amendatory Act of 1995, all
|
existing Registered Professional Nurse/Field RNs shall be
|
considered Pre-Hospital RNs.
|
(c) The Department shall have the authority and
|
responsibility to:
|
(1) Prescribe education and continuing education
|
requirements for Pre-Hospital Registered Nurse RN and ECRN |
candidates through
rules adopted pursuant to this Act:
|
(A) Education for Pre-Hospital Registered Nurse RN |
|
shall
include extrication, telecommunications, 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 RN 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 EMT , only when authorized by the EMS
Medical |
Director;
|
(2) Require EMS Medical Directors to
reapprove |
Pre-Hospital Registered Nurses RNs 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 |
status to any Pre-Hospital Registered Nurse RN 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 RN 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 RN |
applicant and ECRN applicant a fee for licensure and |
relicensure certification and recertification . |
(d) The Department shall have the authority to suspend, |
revoke, or refuse to issue or renew a Department-issued PHRN 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. 95-639, eff. 10-5-07; 96-1469, eff. 1-1-11.)
|
(210 ILCS 50/3.130)
|
Sec. 3.130. Facility, system, and equipment violations; |
Plans of Correction. Except for emergency suspension orders, or |
|
actions
initiated pursuant to Sections 3.117(a), 3.117(b), and |
3.90(b)(10) of this Act, prior
to initiating an action in |
response to a facility, system, or equipment violation for |
suspension, revocation, denial,
nonrenewal, or imposition of a |
fine pursuant to this Act ,
the Department shall:
|
(a) Issue a Notice of Violation which specifies
the |
Department's allegations of noncompliance and requests a
plan |
of correction to be submitted within 10 days after
receipt of |
the Notice of Violation;
|
(b) Review and approve or reject the plan of
correction. If |
the Department rejects the plan of
correction, it shall send |
notice of the rejection and the
reason for the rejection. The |
party shall have 10 days
after receipt of the notice of |
rejection in which to submit
a modified plan;
|
(c) Impose a plan of correction if a modified plan
is not |
submitted in a timely manner or if the modified plan is
|
rejected by the Department;
|
(d) Issue a Notice of Intent to fine, suspend,
revoke, |
nonrenew or deny if the party has failed to comply with the
|
imposed plan of correction, and provide the party with an
|
opportunity to request an administrative hearing. The
Notice of |
Intent shall be effected by certified mail or by
personal |
service, shall set forth the particular reasons for
the |
proposed action, and shall provide the party with 15
days in |
which to request a hearing.
|
(Source: P.A. 96-514, eff. 1-1-10; 96-1469, eff. 1-1-11.)
|
|
(210 ILCS 50/3.140)
|
Sec. 3.140. Violations; Fines.
|
(a) The Department shall have the authority to
impose fines |
on any licensed vehicle service provider, stretcher van |
provider, designated
trauma center, resource hospital, |
associate hospital, or
participating hospital.
|
(b) The Department shall adopt rules pursuant to
this Act |
which establish a system of fines related to the type
and level |
of violation or repeat violation, including but
not limited to:
|
(1) A fine not exceeding $10,000 for a
violation which |
created a condition or occurrence presenting a
substantial |
probability that death or serious harm to an
individual |
will or did result therefrom; and
|
(2) A fine not exceeding $5,000 for a
violation which |
creates or created a condition or occurrence which
|
threatens the health, safety or welfare of an individual.
|
(c) A Notice of Intent to Impose Fine may be
issued in |
conjunction with or in lieu of a Notice of Intent to
Suspend, |
Revoke, Nonrenew or Deny, and shall conform to the
requirements |
specified in Section 3.130(d) of this Act. All
Hearings |
conducted pursuant to a Notice of Intent to Impose
Fine shall |
conform to the requirements specified in
Section 3.135 of this |
Act.
|
(d) All fines collected pursuant to this Section
shall be |
deposited into the EMS Assistance Fund.
|
|
(Source: P.A. 89-177, eff. 7-19-95.)
|
(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, TNS, or LI EMT, |
Trauma
Nurse Specialist, Pre-Hospital RN, Emergency |
Communications
Registered Nurse, EMS Lead Instructor, |
Emergency Medical
Dispatcher or First Responder 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 EMT in a manner which |
is outside the scope of
his or her EMT 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" "emergency medical
|
technician", "EMT" or "paramedic" in that person's job
|
description or title, or in any other manner hold that
person |
out to be so licensed an emergency medical technician .
|
(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. 89-177, eff. 7-19-95.)
|
(210 ILCS 50/3.170)
|
Sec. 3.170. Falsification of Documents. No person shall |
fabricate any license or knowingly enter any false information
|
on any application form, run sheet, record or other document
|
required to be completed or submitted pursuant to this Act
or |
any rule adopted pursuant to this Act, or knowingly
submit any |
application form, run sheet, record or other
document which |
contains false information.
|
(Source: P.A. 89-177, eff. 7-19-95.)
|
(210 ILCS 50/3.180)
|
Sec. 3.180. Injunctions. Notwithstanding the existence or |
pursuit of any other
remedy, the Director may, through the |
Attorney General, seek
an injunction:
|
(a) To restrain or prevent any person or entity
from |
functioning, practicing or operating without a license,
|
certification, classification, approval, permit, designation
|
or authorization required by this Act;
|
(b) To restrain or prevent any person, institution
or |
governmental unit from representing itself to be a trauma
|
center after the effective date of this amendatory Act of 1995 |
without
designation as such
pursuant to this Act;
|
(c) To restrain or prevent any hospital or other
entity |
which employs or utilizes an EMR, EMT, EMT-I, A-EMT, or |
|
Paramedic EMT in a manner which is
outside the scope of his or |
her EMT license from representing that
person to be an EMR, |
EMT, EMT-I, A-EMT, or Paramedic EMT .
|
(Source: P.A. 89-177, eff. 7-19-95.)
|
(210 ILCS 50/3.200)
|
Sec. 3.200. State Emergency Medical Services Advisory
|
Council. |
(a) There shall be established within the Department
of |
Public Health a State Emergency Medical Services Advisory
|
Council, which shall serve as an advisory body to the
|
Department on matters related to this Act.
|
(b) Membership of the Council shall include one
|
representative from each EMS Region, to be appointed by each
|
region's EMS Regional Advisory Committee. The Governor
shall |
appoint additional members to the Council as necessary
to |
insure that the Council includes one representative from
each |
of the following categories:
|
(1) EMS Medical Director,
|
(2) Trauma Center Medical Director,
|
(3) Licensed, practicing physician with
regular and |
frequent involvement in the provision of emergency care,
|
(4) Licensed, practicing physician with
special |
expertise in the surgical care of the trauma patient,
|
(5) EMS System Coordinator,
|
(6) TNS,
|
|
(7) Paramedic EMT-P ,
|
(7.5) A-EMT,
|
(8) EMT-I,
|
(9) EMT EMT-B ,
|
(10) Private vehicle service provider,
|
(11) Law enforcement officer,
|
(12) Chief of a public vehicle service provider,
|
(13) Statewide firefighters' union member
affiliated |
with a vehicle service provider,
|
(14) Administrative representative from a fire
|
department vehicle service provider in a municipality with |
a
population of over 2 million people;
|
(15) Administrative representative from a
Resource |
Hospital or EMS System Administrative Director.
|
(c) Members Of the members first appointed, 5 members
shall |
be appointed for a term of one year, 5 members shall be
|
appointed for a term of 2 years, and the remaining members
|
shall be appointed for a term of 3 years. The terms of
|
subsequent appointees shall be 3 years. All appointees
shall |
serve until their successors are appointed and
qualified.
|
(d) The Council shall be provided a 90-day period
in which |
to review and comment, in consultation with the subcommittee to |
which the rules are relevant, upon all rules proposed by the
|
Department pursuant to this Act, except for rules adopted
|
pursuant to Section 3.190(a) of this Act, rules submitted to
|
the State Trauma Advisory Council and emergency rules
adopted |
|
pursuant to Section 5-45 of the Illinois
Administrative |
Procedure Act. The 90-day review and comment
period may |
commence upon the Department's submission of the
proposed rules |
to the individual Council members, if the
Council is not |
meeting at the time the proposed rules are
ready for Council |
review. Any non-emergency rules adopted
prior to the Council's |
90-day review and comment period
shall be null and void. If the |
Council fails to advise the
Department within its 90-day review |
and comment period, the
rule shall be considered acted upon.
|
(e) Council members shall be reimbursed for
reasonable |
travel expenses incurred during the performance of their
duties |
under this Section.
|
(f) The Department shall provide administrative
support to |
the Council for the preparation of the agenda and
minutes for |
Council meetings and distribution of proposed
rules to Council |
members.
|
(g) The Council shall act pursuant to bylaws which
it |
adopts, which shall include the annual election of a Chair
and |
Vice-Chair.
|
(h) The Director or his designee shall be present
at all |
Council meetings.
|
(i) Nothing in this Section shall preclude the
Council from |
reviewing and commenting on proposed rules which fall
under the |
purview of the State Trauma Advisory Council.
|
(Source: P.A. 96-514, eff. 1-1-10.)
|
|
(210 ILCS 50/3.205)
|
Sec. 3.205. State Trauma Advisory Council.
|
(a) There shall be established within the Department
of |
Public Health a State Trauma Advisory Council, which
shall |
serve as an advisory body to the Department on matters
related |
to trauma care and trauma centers.
|
(b) Membership of the Council shall include one
|
representative from each Regional Trauma Advisory Committee,
|
to be appointed by each Committee. The Governor shall
appoint |
the following additional members:
|
(1) An EMS Medical Director,
|
(2) A trauma center medical director,
|
(3) A trauma surgeon,
|
(4) A trauma nurse coordinator,
|
(5) A representative from a private vehicle
service |
provider,
|
(6) A representative from a public vehicle
service |
provider,
|
(7) A member of the State EMS Advisory Council, and
|
(8) A neurosurgeon.
|
(c) Members Of the members first appointed, 5 members
shall |
be appointed for a term of one year, 5 members shall be
|
appointed for a term of 2 years, and the remaining members
|
shall be appointed for a term of 3 years. The terms of
|
subsequent appointees shall be 3 years. All appointees
shall |
serve until their successors are appointed and
qualified.
|
|
(d) The Council shall be provided a 90-day period in
which |
to review and comment upon all rules proposed by the
Department |
pursuant to this Act concerning trauma care,
except for |
emergency rules adopted pursuant to Section 5-45
of the |
Illinois Administrative Procedure Act. The 90-day
review and |
comment period may commence upon the Department's
submission of |
the proposed rules to the individual Council
members, if the |
Council is not meeting at the time the
proposed rules are ready |
for Council review. Any non-emergency rules adopted
prior to |
the Council's 90-day review
and comment period shall be null |
and void. If the Council
fails to advise the Department within |
its 90-day review and
comment period, the rule shall be |
considered acted upon;
|
(e) Council members shall be reimbursed for
reasonable |
travel expenses incurred during the performance of their
duties |
under this Section.
|
(f) The Department shall provide administrative
support to |
the Council for the preparation of the agenda and
minutes for |
Council meetings and distribution of proposed
rules to Council |
members.
|
(g) The Council shall act pursuant to bylaws which
it |
adopts, which shall include the annual election of a Chair
and |
Vice-Chair.
|
(h) The Director or his designee shall be present
at all |
Council meetings.
|
(i) Nothing in this Section shall preclude the
Council from |
|
reviewing and commenting on proposed rules which fall
under the |
purview of the State EMS Advisory Council.
|
(Source: P.A. 90-655, eff. 7-30-98; 91-743, eff. 6-2-00.)
|
(210 ILCS 50/3.210)
|
Sec. 3.210. EMS Medical Consultant. If the Chief of the |
Department's Division of Emergency
Medical Services and |
Highway Safety is not a physician
licensed to practice medicine |
in all of its branches, with
extensive emergency medical |
services experience, and
certified by the American Board of |
Emergency Medicine or the Osteopathic
American Board of |
Osteopathic Emergency Medicine, then the
Director shall |
appoint such a physician to serve as EMS
Medical Consultant to |
the Division Chief.
|
(Source: P.A. 89-177, eff. 7-19-95.)
|
Section 30. The Boxing and Full-contact Martial Arts Act is |
amended by changing Section 12 as follows:
|
(225 ILCS 105/12) (from Ch. 111, par. 5012)
|
(Section scheduled to be repealed on January 1, 2022)
|
Sec. 12. Professional or amateur contests. |
(a) The professional or amateur contest, or a combination |
of both,
shall be held in an area where adequate neurosurgical
|
facilities are immediately available for skilled emergency
|
treatment of an injured professional or amateur. |
|
(b) Each professional or amateur shall be examined before |
the contest
and promptly after each bout by a physician. The |
physician
shall determine, prior to
the contest, if each |
professional or amateur is physically fit to compete in the |
contest.
After the bout the physician shall examine the |
professional or amateur to
determine
possible injury. If the |
professional's or amateur's physical condition so indicates, |
the
physician shall recommend to the Department immediate |
medical suspension. The physician or a licensed paramedic |
emergency medical technician-paramedic (EMT-P) must check the |
vital signs of all contestants as established by rule. |
(c)
The physician may, at any time during the professional |
or amateur bout, stop the professional or amateur bout to
|
examine a professional or amateur contestant and may direct the |
referee to terminate the bout when, in the physician's opinion,
|
continuing the bout could result in serious injury to the |
professional or amateur. If the professional's or amateur's |
physical condition so indicates, the physician shall recommend |
to the Department immediate medical suspension. The
physician |
shall certify to the condition of the professional or amateur |
in writing, over
his signature on forms provided by the |
Department. Such reports shall
be submitted to the Department |
in a timely manner.
|
(d) No professional or amateur contest, or a combination of
|
both, shall be allowed to begin or be held unless
at least one |
physician, at least one EMT and one paramedic EMT-P , and one |
|
ambulance have been contracted
with solely for the care of |
professionals or amateurs who are competing as defined by rule.
|
(e) No professional boxing bout shall be more than 12 |
rounds in length. The rounds
shall not
be more than 3 minutes |
each with a one minute interval between them, and
no |
professional boxer shall be allowed to participate in more than |
one contest within a 7-day period. |
The number and length of rounds for all other professional |
or amateur boxing or full-contact martial
arts contests, or a |
combination of both, shall be determined by rule. |
(f) The number and types of officials required for each |
professional or amateur contest, or a combination of both, |
shall be determined by rule.
|
(g) The Department or its representative shall have
|
discretion to declare
a price, remuneration,
or purse or any |
part of it belonging to the professional withheld if in the
|
judgment of the Department or its representative the |
professional
is not honestly competing. |
(h)
The Department shall have the authority to prevent a |
professional or amateur contest, or a combination of
both,
from |
being held and shall have the authority to stop a professional |
or amateur contest, or a combination of
both, for noncompliance
|
with any part of this Act or rules or when, in the judgment of |
the Department,
or its representative, continuation of the |
event would endanger the health,
safety, and welfare of the |
professionals or amateurs or spectators. The Department's |
|
authority to stop a contest on the basis that the professional |
or amateur contest, or a combination of
both, would endanger |
the health, safety, and welfare of the professionals or |
amateurs or spectators shall extend to any professional or |
amateur contest, or a combination of
both, regardless of |
whether that amateur contest is exempted from the prohibition |
in Section 6 of this Act. Department staff, or its |
representative, may be present at any full-contact martial arts |
contest with scheduled amateur bouts.
|
(Source: P.A. 97-119, eff. 7-14-11.)
|
Section 35. The Abandoned Newborn Infant Protection Act is |
amended by changing Section 10 as follows: |
(325 ILCS 2/10)
|
Sec. 10. Definitions. In this Act:
|
"Abandon" has the same meaning as in the Abused and |
Neglected
Child Reporting Act.
|
"Abused child" has the same meaning as in the Abused and |
Neglected
Child Reporting Act.
|
"Child-placing agency" means a licensed public or private |
agency
that receives a child for the purpose of placing or |
arranging
for the placement of the child in a foster family |
home or
other facility for child care, apart from the custody |
of the child's
parents.
|
"Department" or "DCFS" means the Illinois Department of |
|
Children and
Family Services.
|
"Emergency medical facility" means a freestanding |
emergency center or
trauma center, as defined in the Emergency |
Medical Services (EMS) Systems
Act.
|
"Emergency medical professional" includes licensed |
physicians, and any
emergency medical technician |
technician-basic , emergency medical
technician-intermediate, |
advanced emergency medical technician, paramedic emergency |
medical technician-paramedic ,
trauma nurse specialist, and |
pre-hospital registered nurse RN , as defined in the
Emergency |
Medical Services (EMS) Systems Act.
|
"Fire station" means a fire station within the State with |
at least one staff person.
|
"Hospital" has the same meaning as in the Hospital |
Licensing Act.
|
"Legal custody" means the relationship created by a court |
order in
the best interest of a newborn infant that imposes on |
the infant's custodian
the responsibility of physical |
possession of the infant, the duty to
protect, train, and |
discipline the infant, and the duty to provide the infant
with |
food,
shelter, education, and medical care, except as these are |
limited by
parental rights and responsibilities.
|
"Neglected child" has the same meaning as in the Abused and
|
Neglected Child Reporting Act.
|
"Newborn infant" means a child who a licensed physician |
reasonably
believes is 30 days old or less at the time the |
|
child is
initially relinquished to a hospital, police station, |
fire station, or
emergency
medical facility, and who is not an |
abused or a neglected child.
|
"Police station" means a municipal police station, a county |
sheriff's
office, a campus police department located on any |
college or university owned or controlled by the State or any |
private college or private university that is not owned or |
controlled by the State when employees of the campus police |
department are present, or any of the district headquarters of |
the Illinois State Police.
|
"Relinquish" means to bring a newborn infant, who a
|
licensed physician reasonably believes is 30 days old or less,
|
to a hospital, police station, fire station, or emergency |
medical facility
and
to leave the infant with personnel of the |
facility, if the person leaving the
infant does not express an |
intent to return for the
infant or states that he or she will |
not return for the infant.
In the case of a mother who gives |
birth to an infant in a hospital,
the mother's act of leaving |
that newborn infant at the
hospital (i) without expressing an |
intent to return for the infant or (ii)
stating that she will |
not return for the infant is not a "relinquishment" under
this |
Act.
|
"Temporary protective custody" means the temporary |
placement of
a newborn infant within a hospital or other |
medical facility out of the
custody of the infant's parent.
|
(Source: P.A. 96-345, eff. 1-1-10; 97-293, eff. 8-11-11.)
|
|
Section 40. The Coal Mine Medical Emergencies Act is |
amended by changing Section 2 as follows:
|
(410 ILCS 15/2) (from Ch. 96 1/2, par. 3952)
|
Sec. 2. As used in this Act, unless the context clearly |
otherwise requires:
|
(a) "Emergency medical technician" means a person who has |
successfully
completed the course on emergency first-aid care |
and transportation of the
sick and injured recommended by the |
American Academy of Orthopedic Surgeons,
or the equivalent |
thereof, and has been licensed certified by the Department of |
Public
Health to provide emergency care.
|
(b) "Mine" means any surface coal mine or underground coal |
mine, as defined
in Section 1.03 of "The Coal Mining Act of |
1953".
|
(Source: P.A. 80-294.)
|
Section 45. The AIDS Confidentiality Act is amended by |
changing Sections 7 and 9 as follows: |
(410 ILCS 305/7) (from Ch. 111 1/2, par. 7307) |
Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
|
and 6 of this Act, informed consent is not required for a |
health
care provider or health facility to perform a test when |
the health care
provider or health facility procures, |
|
processes, distributes or uses a
human body part donated for a |
purpose specified under the Illinois
Anatomical Gift Act, or |
semen provided prior to the effective date of this
Act for the |
purpose of artificial insemination, and such a test is
|
necessary to assure medical acceptability of such gift or semen |
for the
purposes intended.
|
(b) Informed consent is not required for a health care
|
provider or health facility to perform a test when a health |
care provider
or employee of a health facility, or a |
firefighter or an EMR, EMT EMT-A , EMT-I , A-EMT, paramedic, or |
PHRN EMT-P ,
is involved in an accidental direct skin or mucous |
membrane contact with
the blood or bodily fluids of an |
individual which is of a nature that may
transmit HIV, as |
determined by a physician in his medical judgment. Should
such |
test prove to be positive, the patient and the health care |
provider,
health facility employee, firefighter, EMR, EMT |
EMT-A , EMT-I, A-EMT, paramedic, or PHRN EMT-P shall be
provided |
appropriate counseling consistent with this Act.
|
(c) Informed consent is not required for a health care
|
provider or health facility to perform a test when a law |
enforcement
officer is involved in the line of duty in a direct |
skin or mucous membrane
contact with the blood or bodily fluids |
of an individual which is of a
nature that may transmit HIV, as |
determined by a physician in his medical
judgment. Should such |
test prove to be positive, the patient shall be
provided |
appropriate counseling consistent with this Act. For purposes |
|
of
this subsection (c), "law enforcement officer" means any |
person employed by
the State, a county or a municipality as a |
policeman, peace officer,
auxiliary policeman, correctional |
officer or in some like position
involving the enforcement of |
the law and protection of the public interest
at the risk of |
that person's life.
|
(Source: P.A. 95-7, eff. 6-1-08 .)
|
(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
|
Sec. 9. No person may disclose or be compelled to disclose |
the
identity of any person upon whom a test is performed, or |
the results of
such a test in a manner which permits |
identification of the subject of the
test, except to the |
following persons:
|
(a) The subject of the test or the subject's legally
|
authorized representative. A physician may notify the spouse of |
the
test subject, if the test result is positive and has been |
confirmed
pursuant to rules adopted by the Department, provided |
that the physician has
first sought unsuccessfully to persuade |
the patient to notify the spouse or
that, a reasonable time |
after the patient has agreed to make the
notification, the |
physician has reason to believe that the patient has not
|
provided the notification. This paragraph shall not create a |
duty or
obligation under which a physician must notify the |
spouse of the test
results, nor shall such duty or obligation |
be implied. No civil liability
or criminal sanction under this |
|
Act shall be imposed for any disclosure or
non-disclosure of a |
test result to a spouse by a physician acting in good
faith |
under this paragraph. For the purpose of any proceedings, civil |
or
criminal, the good faith of any physician acting under this |
paragraph shall
be presumed.
|
(b) Any person designated in a legally effective release of |
the test
results executed by the subject of the test or the |
subject's legally
authorized representative.
|
(c) An authorized agent or employee of a health facility or |
health care
provider if the health facility or health care |
provider itself is
authorized to obtain the test results, the |
agent or employee provides
patient care or handles or processes |
specimens of body fluids or tissues,
and the agent or employee |
has a need to know such information.
|
(d) The Department and local health authorities serving a |
population of over 1,000,000 residents or other local health |
authorities as designated by the Department, in accordance with |
rules for reporting and
controlling the spread of disease, as |
otherwise provided by State law.
The Department,
local health |
authorities, and authorized representatives shall not disclose
|
information and records held by them relating to known or |
suspected cases of
AIDS or HIV infection, publicly or in any |
action of any kind in any court or
before any tribunal, board, |
or agency. AIDS and HIV infection data shall be
protected from |
disclosure in accordance with the provisions of Sections 8-2101
|
through 8-2105 of the Code of Civil Procedure.
|
|
(e) A health facility or health care provider which |
procures, processes,
distributes or uses: (i) a human body part |
from a deceased person
with respect to medical information |
regarding that person; or (ii) semen
provided prior to the |
effective date of this Act for the purpose of
artificial |
insemination.
|
(f) Health facility staff committees for the purposes of |
conducting
program monitoring, program evaluation or service |
reviews.
|
(f-5) A court in accordance with the provisions of Section |
12-5.01 of the Criminal Code of 2012. |
(g) (Blank).
|
(h) Any health care provider or employee of a health |
facility, and any
firefighter or EMR EMT-A , EMT, A-EMT, |
paramedic, PHRN EMT-P , or EMT-I, involved in an accidental |
direct
skin or mucous membrane contact with the blood or bodily |
fluids of an
individual which is of a nature that may transmit |
HIV, as determined by a
physician in his medical judgment.
|
(i) Any law enforcement officer, as defined in subsection |
(c) of
Section 7, involved in the line of duty in a direct skin |
or mucous membrane
contact with the blood or bodily fluids of |
an individual which is of a
nature that may transmit HIV, as |
determined by a physician in his medical
judgment.
|
(j) A temporary caretaker of a child taken into temporary |
protective
custody by the Department of Children and Family |
Services pursuant to Section 5
of the Abused and Neglected |
|
Child Reporting Act, as now or hereafter amended.
|
(k) In the case of a minor under 18 years of age whose test |
result is
positive and has been confirmed
pursuant to rules |
adopted by the Department, the health care provider who ordered |
the test shall make a reasonable
effort to notify the minor's |
parent or legal guardian if, in the
professional judgment
of |
the health care provider, notification would be
in the best |
interest of the child and the health care provider has first
|
sought unsuccessfully to persuade the minor to notify the |
parent or legal
guardian or a reasonable time after the minor |
has agreed to notify
the parent or legal guardian, the health |
care provider has reason to
believe that the minor has not made |
the notification. This subsection
shall not create a duty or |
obligation under which a health care provider
must notify the |
minor's parent or legal guardian of the test results, nor
shall |
a duty or obligation be implied. No civil liability or criminal |
sanction
under this Act shall be imposed for any notification |
or non-notification of a
minor's test result by a health care |
provider acting in good faith under this
subsection. For the |
purpose of any proceeding, civil or criminal, the good
faith of |
any health care provider acting under this subsection shall be
|
presumed.
|
(Source: P.A. 96-328, eff. 8-11-09; 97-1046, eff. 8-21-12; |
97-1150, eff. 1-25-13.)
|
Section 50. The Burn Injury Reporting Act is amended by |
|
changing Section 5 as follows: |
(425 ILCS 7/5)
|
Sec. 5. Burn injury reporting. |
(a) Every case of a burn injury treated in a hospital as |
described in this Act may be reported to the Office of the |
State Fire Marshal. The hospital's administrator, manager, |
superintendent, or his or her designee deciding to report under |
this Act shall make an oral report of every burn injury in a |
timely manner as soon as treatment permits, except as provided |
in subsection (c) of this Section, that meets one of the |
following criteria: |
(1) a person receives a serious second-degree burn or a |
third degree burn, but not a radiation burn, to 10% or more |
of the person's body as a whole; |
(2) a person sustains a burn to the upper respiratory |
tract or occurring laryngeal edema due to the inhalation of |
superheated air; |
(3) a person sustains any burn injury likely to result |
in death; or |
(4) a person sustains any other burn injury not |
excluded by subsection (c). |
(b) The oral report shall consist of notification by |
telephone to the Office of the State Fire Marshal using a |
toll-free number established by the Office of the State Fire |
Marshal for this purpose. |
|
(c) A hospital's administrator, manager, superintendent, |
or his or her designee deciding to report under this Act shall |
not report any of the following burn injuries: |
(1) a burn injury of an emergency medical a first |
responder, as defined in Section 3.50 3.60 of the Emergency |
Medical Services (EMS) Systems Act, sustained in the line |
of duty; |
(2) a burn injury caused by lighting; |
(3) a burn injury caused by a motor vehicle accident; |
or |
(4) a burn injury caused by an identifiable industrial |
accident or work-related accident.
|
(Source: P.A. 94-828, eff. 1-1-07 .) |
Section 55. The Illinois Vehicle Code is amended by |
changing Sections 11-501.01 and 11-501.2 as follows: |
(625 ILCS 5/11-501.01)
|
Sec. 11-501.01. Additional administrative sanctions. |
(a) After a finding of guilt and prior to any final |
sentencing or an order for supervision, for an offense based |
upon an arrest for a violation of Section 11-501 or a similar |
provision of a local ordinance, individuals shall be required |
to undergo a professional evaluation to determine if an |
alcohol, drug, or intoxicating compound abuse problem exists |
and the extent of the problem, and undergo the imposition of |
|
treatment as appropriate. Programs conducting these |
evaluations shall be licensed by the Department of Human |
Services. The cost of any professional evaluation shall be paid |
for by the individual required to undergo the professional |
evaluation. |
(b) Any person who is found guilty of or pleads guilty to |
violating Section 11-501, including any person receiving a |
disposition of court supervision for violating that Section, |
may be required by the Court to attend a victim impact panel |
offered by, or under contract with, a county State's Attorney's |
office, a probation and court services department, Mothers |
Against Drunk Driving, or the Alliance Against Intoxicated |
Motorists. All costs generated by the victim impact panel shall |
be paid from fees collected from the offender or as may be |
determined by the court. |
(c) Every person found guilty of violating Section 11-501, |
whose operation of a motor vehicle while in violation of that |
Section proximately caused any incident resulting in an |
appropriate emergency response, shall be liable for the expense |
of an emergency response as provided in subsection (i) of this |
Section. |
(d) The Secretary of State shall revoke the driving |
privileges of any person convicted under Section 11-501 or a |
similar provision of a local ordinance. |
(e) The Secretary of State shall require the use of |
ignition interlock devices on all vehicles owned by a person |
|
who has been convicted of a second or subsequent offense of |
Section 11-501 or a similar provision of a local ordinance. The |
person must pay to the Secretary of State DUI Administration |
Fund an amount not to exceed $30 for each month that he or she |
uses the device. The Secretary shall establish by rule and |
regulation the procedures for certification and use of the |
interlock system, the amount of the fee, and the procedures, |
terms, and conditions relating to these fees. |
(f) In addition to any other penalties and liabilities, a |
person who is found guilty of or pleads guilty to violating |
Section 11-501, including any person placed on court |
supervision for violating Section 11-501, shall be assessed |
$750, payable to the circuit clerk, who shall distribute the |
money as follows: $350 to the law enforcement agency that made |
the arrest, and $400 shall be forwarded to the State Treasurer |
for deposit into the General Revenue Fund. If the person has |
been previously convicted of violating Section 11-501 or a |
similar provision of a local ordinance, the fine shall be |
$1,000, and the circuit clerk shall distribute
$200 to the law |
enforcement agency that
made the arrest and $800 to the State
|
Treasurer for deposit into the General Revenue Fund. In the |
event that more than one agency is responsible for the arrest, |
the amount payable to law enforcement agencies shall be shared |
equally. Any moneys received by a law enforcement agency under |
this subsection (f) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
|
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by Section 11-501 of this Code, |
including but not limited to the purchase of law enforcement |
equipment and commodities that will assist in the prevention of |
alcohol related criminal violence throughout the State; police |
officer training and education in areas related to alcohol |
related crime, including but not limited to DUI training; and |
police officer salaries, including but not limited to salaries |
for hire back funding for safety checkpoints, saturation |
patrols, and liquor store sting operations. Any moneys received |
by the Department of State Police under this subsection (f) |
shall be deposited into the State Police DUI Fund and shall be |
used to purchase law enforcement equipment that will assist in |
the prevention of alcohol related criminal violence throughout |
the State. |
(g) The Secretary of State Police DUI Fund is created as a |
special fund in the State treasury. All moneys received by the |
Secretary of State Police under subsection (f) of this Section |
shall be deposited into the Secretary of State Police DUI Fund |
and, subject to appropriation, shall be used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by Section 11-501 of this Code, |
including but not limited to the purchase of law enforcement |
equipment and commodities to assist in the prevention of |
alcohol related criminal violence throughout the State; police |
|
officer training and education in areas related to alcohol |
related crime, including but not limited to DUI training; and |
police officer salaries, including but not limited to salaries |
for hire back funding for safety checkpoints, saturation |
patrols, and liquor store sting operations. |
(h) Whenever an individual is sentenced for an offense |
based upon an arrest for a violation of Section 11-501 or a |
similar provision of a local ordinance, and the professional |
evaluation recommends remedial or rehabilitative treatment or |
education, neither the treatment nor the education shall be the |
sole disposition and either or both may be imposed only in |
conjunction with another disposition. The court shall monitor |
compliance with any remedial education or treatment |
recommendations contained in the professional evaluation. |
Programs conducting alcohol or other drug evaluation or |
remedial education must be licensed by the Department of Human |
Services. If the individual is not a resident of Illinois, |
however, the court may accept an alcohol or other drug |
evaluation or remedial education program in the individual's |
state of residence. Programs providing treatment must be |
licensed under existing applicable alcoholism and drug |
treatment licensure standards. |
(i) In addition to any other fine or penalty required by |
law, an individual convicted of a violation of Section 11-501, |
Section 5-7 of the Snowmobile Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
|
similar provision, whose operation of a motor vehicle, |
snowmobile, or watercraft while in violation of Section 11-501, |
Section 5-7 of the Snowmobile Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar provision proximately caused an incident resulting in |
an appropriate emergency response, shall be required to make |
restitution to a public agency for the costs of that emergency |
response. The restitution may not exceed $1,000 per public |
agency for each emergency response. As used in this subsection |
(i), "emergency response" means any incident requiring a |
response by a police officer, a firefighter carried on the |
rolls of a regularly constituted fire department, or an |
ambulance. With respect to funds designated for the Department |
of State Police, the moneys shall be remitted by the circuit |
court clerk to the State Police within one month after receipt |
for deposit into the State Police DUI Fund. With respect to |
funds designated for the Department of Natural Resources, the |
Department of Natural Resources shall deposit the moneys into |
the Conservation Police Operations Assistance Fund.
|
(j) A person that is subject to a chemical test or tests of |
blood under subsection (a) of Section 11-501.1 or subdivision |
(c)(2) of Section 11-501.2 of this Code, whether or not that |
person consents to testing, shall be liable for the expense up |
to $500 for blood withdrawal by a physician authorized to |
practice medicine, a licensed physician assistant, a licensed |
advanced practice nurse, a registered nurse, a trained |
|
phlebotomist, a licensed certified paramedic, or a qualified |
person other than a police officer approved by the Department |
of State Police to withdraw blood, who responds, whether at a |
law enforcement facility or a health care facility, to a police |
department request for the drawing of blood based upon refusal |
of the person to submit to a lawfully requested breath test or |
probable cause exists to believe the test would disclose the |
ingestion, consumption, or use of drugs or intoxicating |
compounds if: |
(1) the person is found guilty of violating Section |
11-501 of this Code or a similar provision of a local |
ordinance; or |
(2) the person pleads guilty to or stipulates to facts |
supporting a violation of Section 11-503 of this Code or a |
similar provision of a local ordinance when the plea or |
stipulation was the result of a plea agreement in which the |
person was originally charged with violating Section |
11-501 of this Code or a similar local ordinance. |
(Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13; |
98-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
|
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
|
Sec. 11-501.2. Chemical and other tests.
|
(a) Upon the trial of any civil or criminal action or |
proceeding arising out
of an arrest for an offense as defined |
in Section 11-501 or a similar local
ordinance or proceedings |
|
pursuant to Section 2-118.1, evidence of the
concentration of |
alcohol, other drug or drugs, or intoxicating compound or
|
compounds, or any combination thereof in a person's blood
or |
breath at the time alleged, as determined by analysis of the |
person's blood,
urine, breath or other bodily substance, shall |
be admissible. Where such test
is made the following provisions |
shall apply:
|
1. Chemical analyses of the person's blood, urine, |
breath or other bodily
substance to be considered valid |
under the provisions of this Section shall
have been |
performed according to standards promulgated by the |
Department of State Police
by
a licensed physician, |
registered nurse, trained phlebotomist, licensed certified |
paramedic, or other individual
possessing a valid permit |
issued by that Department for
this purpose. The Director of |
State Police is authorized to approve satisfactory
|
techniques or methods, to ascertain the qualifications and |
competence of
individuals to conduct such analyses, to |
issue permits which shall be subject
to termination or |
revocation at the discretion of that Department and to
|
certify the accuracy of breath testing equipment. The |
Department
of
State Police shall prescribe regulations as |
necessary to
implement this
Section.
|
2. When a person in this State shall submit to a blood |
test at the request
of a law enforcement officer under the |
provisions of Section 11-501.1, only a
physician |
|
authorized to practice medicine, a licensed physician |
assistant, a licensed advanced practice nurse, a |
registered nurse, trained
phlebotomist, or licensed |
certified paramedic, or other
qualified person approved by |
the Department of State Police may withdraw blood
for the |
purpose of determining the alcohol, drug, or alcohol and |
drug content
therein. This limitation shall not apply to |
the taking of breath or urine
specimens.
|
When a blood test of a person who has been taken to an |
adjoining state
for medical treatment is requested by an |
Illinois law enforcement officer,
the blood may be |
withdrawn only by a physician authorized to practice
|
medicine in the adjoining state, a licensed physician |
assistant, a licensed advanced practice nurse, a |
registered nurse, a trained
phlebotomist acting under the |
direction of the physician, or licensed certified
|
paramedic. The law
enforcement officer requesting the test |
shall take custody of the blood
sample, and the blood |
sample shall be analyzed by a laboratory certified by the
|
Department of State Police for that purpose.
|
3. The person tested may have a physician, or a |
qualified technician,
chemist, registered nurse, or other |
qualified person of their own choosing
administer a |
chemical test or tests in addition to any administered at |
the
direction of a law enforcement officer. The failure or |
inability to obtain
an additional test by a person shall |
|
not preclude the admission of evidence
relating to the test |
or tests taken at the direction of a law enforcement
|
officer.
|
4. Upon the request of the person who shall submit to a |
chemical test
or tests at the request of a law enforcement |
officer, full information
concerning the test or tests |
shall be made available to the person or such
person's |
attorney.
|
5. Alcohol concentration shall mean either grams of |
alcohol per 100
milliliters of blood or grams of alcohol |
per 210 liters of breath.
|
(a-5) Law enforcement officials may use standardized field |
sobriety tests approved by the National Highway Traffic Safety |
Administration when conducting investigations of a violation |
of Section 11-501 or similar local ordinance by drivers |
suspected of driving under the influence of cannabis. The |
General Assembly finds that standardized field sobriety tests |
approved by the National Highway Traffic Safety Administration |
are divided attention tasks that are intended to determine if a |
person is under the influence of cannabis. The purpose of these |
tests is to determine the effect of the use of cannabis on a |
person's capacity to think and act with ordinary care and |
therefore operate a motor vehicle safely. Therefore, the |
results of these standardized field sobriety tests, |
appropriately administered, shall be admissible in the trial of |
any civil or criminal action or proceeding arising out of an |
|
arrest for a cannabis-related offense as defined in Section |
11-501 or a similar local ordinance or proceedings under |
Section 2-118.1. Where a test is made the following provisions |
shall apply: |
1. The person tested may have a physician, or a |
qualified technician, chemist, registered nurse, or other |
qualified person of their own choosing administer a |
chemical test or tests in addition to the standardized |
field sobriety test or tests administered at the direction |
of a law enforcement officer. The failure or inability to |
obtain an additional test by a person does not preclude the |
admission of evidence relating to the test or tests taken |
at the direction of a law enforcement officer. |
2. Upon the request of the person who shall submit to a |
standardized field sobriety test or tests at the request of |
a law enforcement officer, full information concerning the |
test or tests shall be made available to the person or the |
person's attorney. |
3. At the trial of any civil or criminal action or |
proceeding arising out of an arrest for an offense as |
defined in Section 11-501 or a similar local ordinance or |
proceedings under Section 2-118.1 in which the results of |
these standardized field sobriety tests are admitted, the |
cardholder may present and the trier of fact may consider |
evidence that the card holder lacked the physical capacity |
to perform the standardized field sobriety tests. |
|
(b) Upon the trial of any civil or criminal action or |
proceeding arising
out of acts alleged to have been committed |
by any person while driving or
in actual physical control of a |
vehicle while under the influence of alcohol,
the concentration |
of alcohol in the person's blood or breath at the time
alleged |
as shown by analysis of the person's blood, urine, breath, or |
other
bodily substance shall give rise to the following |
presumptions:
|
1. If there was at that time an alcohol concentration |
of 0.05 or less,
it shall be presumed that the person was |
not under the influence of alcohol.
|
2. If there was at that time an alcohol concentration |
in excess of 0.05
but less than 0.08, such facts shall not |
give rise to any
presumption that
the person was or was not |
under the influence of alcohol, but such fact
may be |
considered with other competent evidence in determining |
whether the
person was under the influence of alcohol.
|
3. If there was at that time an alcohol concentration |
of 0.08
or more,
it shall be presumed that the person was |
under the influence of alcohol.
|
4. The foregoing provisions of this Section shall not |
be construed as
limiting the introduction of any other |
relevant evidence bearing upon the
question whether the |
person was under the influence of alcohol.
|
(c) 1. If a person under arrest refuses to submit to a |
chemical test
under
the provisions of Section 11-501.1, |
|
evidence of refusal shall be admissible
in any civil or |
criminal action or proceeding arising out of acts alleged
to |
have been committed while the person under the influence of |
alcohol,
other drug or drugs, or intoxicating compound or |
compounds, or
any combination thereof was driving or in actual |
physical
control of a motor vehicle.
|
2. Notwithstanding any ability to refuse under this Code to |
submit to
these tests or any ability to revoke the implied |
consent to these tests, if a
law enforcement officer has |
probable cause to believe that a motor vehicle
driven by or in |
actual physical control of a person under the influence of
|
alcohol, other drug or drugs, or intoxicating compound or
|
compounds,
or any combination thereof
has caused the death or
|
personal injury to another, the law enforcement officer shall |
request, and that person shall submit, upon the request of a |
law
enforcement officer, to a chemical test or tests of his or |
her blood, breath or
urine for the purpose of
determining the |
alcohol content thereof or the presence of any other drug or
|
combination of both.
|
This provision does not affect the applicability of or |
imposition of driver's
license sanctions under Section |
11-501.1 of this Code.
|
3. For purposes of this Section, a personal injury includes |
any Type A
injury as indicated on the traffic accident report |
completed by a law
enforcement officer that requires immediate |
professional attention in either a
doctor's office or a medical |
|
facility. A Type A injury includes severe
bleeding wounds, |
distorted extremities, and injuries that require the injured
|
party to be carried from the scene.
|
(Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; |
97-813, eff. 7-13-12; 98-122, eff. 1-1-14.)
|
Section 60. The Workers' Compensation Act is amended by |
changing Section 6 as follows:
|
(820 ILCS 305/6) (from Ch. 48, par. 138.6)
|
Sec. 6. (a) Every employer within the provisions of this |
Act, shall,
under the rules and regulations prescribed by the |
Commission, post
printed notices in their respective places of |
employment in such number
and at such places as may be |
determined by the Commission, containing
such information |
relative to this Act as in the judgment of the
Commission may |
be necessary to aid employees to safeguard their rights
under |
this Act in event of injury.
|
In addition thereto, the employer shall post in a |
conspicuous place
on the place of the employment a printed or |
typewritten notice stating
whether he is insured or whether he |
has qualified and is operating as a
self-insured employer. In |
the event the employer is insured, the notice
shall state the |
name and address of his insurance carrier, the number of
the |
insurance policy, its effective date and the date of |
termination. In
the event of the termination of the policy for |
|
any reason prior to the
termination date stated, the posted |
notice shall promptly be corrected
accordingly. In the event |
the employer is operating as a self-insured
employer the notice |
shall state the name and address of the company, if
any, |
servicing the compensation payments of the employer, and the |
name
and address of the person in charge of making compensation |
payments.
|
(b) Every employer subject to this Act shall maintain |
accurate
records of work-related deaths, injuries and illness |
other than minor
injuries requiring only first aid treatment |
and which do not involve
medical treatment, loss of |
consciousness, restriction of work or motion,
or transfer to |
another job and file with the Commission, in writing, a
report |
of all accidental deaths, injuries and illnesses arising out of
|
and in the course of the employment resulting in the loss of |
more than
3 scheduled work days. In the case of death such |
report shall be
made no later than 2 working days following the |
accidental death. In
all other cases such report shall be made |
between the 15th and 25th of
each month unless required to be |
made sooner by rule of the Commission.
In case the injury |
results in permanent disability, a further report
shall be made |
as soon as it is determined that such permanent disability
has |
resulted or will result from the injury. All reports shall |
state
the date of the injury, including the time of day or |
night, the nature
of the employer's business, the name, |
address, age, sex, conjugal
condition of the injured person, |
|
the specific occupation of the injured
person, the direct cause |
of the injury and the nature of the accident,
the character of |
the injury, the length of disability, and in case of
death the |
length of disability before death, the wages of the injured
|
person, whether compensation has been paid to the injured |
person, or to
his or her legal representative or his heirs or |
next of kin, the amount of
compensation paid, the amount paid |
for physicians', surgeons' and
hospital bills, and by whom |
paid, and the amount paid for funeral or
burial expenses if |
known. The reports shall be made on forms and in the
manner as |
prescribed by the Commission and shall contain such further
|
information as the Commission shall deem necessary and require. |
The
making of these reports releases the employer from making |
such reports
to any other officer of the State and shall |
satisfy the reporting
provisions as contained in the "Health |
and Safety Act" and "An Act in
relation to safety inspections |
and education in industrial and
commercial establishments and |
to repeal an Act therein named", approved
July 18, 1955, as now |
or hereafter amended. The reports filed with the
Commission |
pursuant to this Section shall be made available by the
|
Commission to the Director of Labor or his representatives and |
to all
other departments of the State of Illinois which shall |
require such
information for the proper discharge of their |
official duties. Failure
to file with the Commission any of the |
reports required in this Section
is a petty offense.
|
Except as provided in this paragraph, all reports filed |
|
hereunder shall
be confidential and any person
having access to |
such records filed with the Illinois Workers' Compensation |
Commission as
herein required, who shall release any |
information therein contained
including the names or otherwise |
identify any persons sustaining
injuries or disabilities, or |
give access to such information to any
unauthorized person, |
shall be subject to discipline or discharge, and in
addition |
shall be guilty of a Class B misdemeanor. The Commission shall
|
compile and distribute to interested persons aggregate |
statistics, taken
from the reports filed hereunder. The |
aggregate statistics shall not give
the names or otherwise |
identify persons sustaining injuries or disabilities
or the |
employer of any injured or disabled person.
|
(c) Notice of the accident shall be given to the employer |
as soon as
practicable, but not later than 45 days after the |
accident. Provided:
|
(1) In case of the legal disability of the employee
or |
any dependent of a
deceased employee who may be entitled to |
compensation under the
provisions of this Act, the |
limitations of time by this Act provided do
not begin to |
run against such person under legal disability
until a
|
guardian has been appointed.
|
(2) In cases of injuries sustained by exposure to |
radiological
materials or equipment, notice shall be given |
to the employer within 90
days subsequent to the time that |
the employee knows or suspects that he
has received an |
|
excessive dose of radiation.
|
No defect or inaccuracy of such notice shall be a bar to |
the
maintenance of proceedings on arbitration or otherwise by |
the employee
unless the employer proves that he is unduly |
prejudiced in such
proceedings by such defect or inaccuracy.
|
Notice of the accident shall give the approximate date and |
place of
the accident, if known, and may be given orally or in |
writing.
|
(d) Every employer shall notify each injured employee who |
has been
granted compensation under the provisions of Section 8 |
of this Act
of his rights to rehabilitation services and advise |
him of the locations
of available public rehabilitation centers |
and any other such services
of which the employer has |
knowledge.
|
In any case, other than one where the injury was caused by |
exposure
to radiological materials or equipment or asbestos |
unless the application for
compensation is filed with the |
Commission within 3 years after the date
of the accident, where |
no compensation has been paid, or within 2 years
after the date |
of the last payment of compensation, where any has been
paid, |
whichever shall be later, the right to file such application |
shall
be barred.
|
In any case of injury caused by exposure to radiological |
materials or
equipment or asbestos, unless application for |
compensation is filed with the
Commission within 25 years after |
the last day that the employee was
employed in an environment |
|
of hazardous radiological activity or asbestos,
the right to |
file such application shall be barred.
|
If in any case except one where the injury was caused by |
exposure to
radiological materials or equipment or asbestos, |
the accidental injury
results in death application for |
compensation for death may be filed with the
Commission within |
3 years after the date of death where no compensation
has been |
paid or within 2 years after the date of the last payment of
|
compensation where any has been paid, whichever shall be later, |
but not
thereafter.
|
If an accidental injury caused by exposure to radiological |
material
or equipment or asbestos results in death within 25 |
years after the last
day that the employee was so exposed |
application for compensation for death may
be filed with the |
Commission within 3 years after the date of death,
where no |
compensation has been paid, or within 2 years after the date of
|
the last payment of compensation where any has been paid, |
whichever
shall be later, but not thereafter.
|
(e) Any contract or agreement made by any employer or his |
agent or
attorney with any employee or any other beneficiary of |
any claim under
the provisions of this Act within 7 days after |
the injury shall be
presumed to be fraudulent.
|
(f) Any condition or impairment of health of an employee |
employed as a
firefighter, emergency medical technician (EMT), |
emergency medical technician-intermediate (EMT-I), advanced |
emergency medical technician (A-EMT), or paramedic which |
|
results
directly or indirectly from any bloodborne pathogen, |
lung or respiratory
disease
or condition, heart
or vascular |
disease or condition, hypertension, tuberculosis, or cancer
|
resulting in any disability (temporary, permanent, total, or |
partial) to the
employee shall be rebuttably presumed to arise |
out of and in the course of
the employee's firefighting, EMT, |
or paramedic employment and, further, shall
be
rebuttably |
presumed to be causally connected to the hazards or exposures |
of
the employment. This presumption shall also apply to any |
hernia or hearing
loss suffered by an employee employed as a |
firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, this |
presumption shall not apply to any employee who has been |
employed
as a firefighter, EMT, or paramedic for less than 5 |
years at the time he or she files an Application for Adjustment |
of Claim concerning this condition or impairment with the |
Illinois Workers' Compensation Commission. The rebuttable |
presumption established under this subsection, however, does |
not apply to an emergency medical technician (EMT) , emergency |
medical technician-intermediate (EMT-I), advanced emergency |
medical technician (A-EMT), or paramedic employed by a private |
employer if the employee spends the preponderance of his or her |
work time for that employer engaged in medical transfers |
between medical care facilities or non-emergency medical |
transfers to or from medical care facilities. The changes made |
to this subsection by Public Act 98-291 this amendatory Act of |
the 98th General Assembly shall be narrowly construed. The |
|
Finding and Decision of the Illinois Workers' Compensation |
Commission under only the rebuttable presumption provision of |
this subsection shall not be admissible or be deemed res |
judicata in any disability claim under the Illinois Pension |
Code arising out of the same medical condition; however, this |
sentence makes no change to the law set forth in Krohe v. City |
of Bloomington, 204 Ill.2d 392.
|
(Source: P.A. 98-291, eff. 1-1-14.)
|
Section 65. The Workers' Occupational Diseases Act is |
amended by changing Section 1 as follows:
|
(820 ILCS 310/1) (from Ch. 48, par. 172.36)
|
Sec. 1. This Act shall be known and may be cited as the |
"Workers'
Occupational Diseases Act".
|
(a) The term "employer" as used in this Act shall be |
construed to
be:
|
1. The State and each county, city, town, township, |
incorporated
village, school district, body politic, or |
municipal corporation
therein.
|
2. Every person, firm, public or private corporation, |
including
hospitals, public service, eleemosynary, |
religious or charitable
corporations or associations, who |
has any person in service or under any
contract for hire, |
express or implied, oral or written.
|
3. Where an employer operating under and subject to the |
|
provisions
of this Act loans an employee to another such |
employer and such loaned
employee sustains a compensable |
occupational disease in the employment
of such borrowing |
employer and where such borrowing employer does not
provide |
or pay the benefits or payments due such employee, such |
loaning
employer shall be liable to provide or pay all |
benefits or payments due
such employee under this Act and |
as to such employee the liability of
such loaning and |
borrowing employers shall be joint and several,
provided |
that such loaning employer shall in the absence of |
agreement to
the contrary be entitled to receive from such |
borrowing employer full
reimbursement for all sums paid or |
incurred pursuant to this paragraph
together with |
reasonable attorneys' fees and expenses in any hearings
|
before the Illinois Workers' Compensation Commission or in |
any action to secure such
reimbursement. Where any benefit |
is provided or paid by such loaning
employer, the employee |
shall have the duty of rendering reasonable
co-operation in |
any hearings, trials or proceedings in the case,
including |
such proceedings for reimbursement.
|
Where an employee files an Application for Adjustment |
of Claim with
the Illinois Workers' Compensation |
Commission alleging that his or her claim is covered by
the |
provisions of the preceding paragraph, and joining both the |
alleged
loaning and borrowing employers, they and each of |
them, upon written
demand by the employee and within 7 days |
|
after receipt of such demand,
shall have the duty of filing |
with the Illinois Workers' Compensation Commission a |
written
admission or denial of the allegation that the |
claim is covered by the
provisions of the preceding |
paragraph and in default of such filing or
if any such |
denial be ultimately determined not to have been bona fide
|
then the provisions of Paragraph K of Section 19 of this |
Act shall
apply.
|
An employer whose business or enterprise or a |
substantial part
thereof consists of hiring, procuring or |
furnishing employees to or for
other employers operating |
under and subject to the provisions of this
Act for the |
performance of the work of such other employers and who |
pays
such employees their salary or wage notwithstanding |
that they are doing
the work of such other employers shall |
be deemed a loaning employer
within the meaning and |
provisions of this Section.
|
(b) The term "employee" as used in this Act, shall be |
construed to
mean:
|
1. Every person in the service of the State, county, |
city, town,
township, incorporated village or school |
district, body politic or
municipal corporation therein, |
whether by election, appointment or
contract of hire, |
express or implied, oral or written, including any
official |
of the State, or of any county, city, town, township,
|
incorporated village, school district, body politic or |
|
municipal
corporation therein and except any duly |
appointed member of the fire
department in any city whose |
population exceeds 500,000 according to the
last Federal or |
State census, and except any member of a fire insurance
|
patrol maintained by a board of underwriters in this State. |
One employed
by a contractor who has contracted with the |
State, or a county, city,
town, township, incorporated |
village, school district, body politic or
municipal |
corporation therein, through its representatives, shall |
not be
considered as an employee of the State, county, |
city, town, township,
incorporated village, school |
district, body politic or municipal
corporation which made |
the contract.
|
2. Every person in the service of another under any |
contract of
hire, express or implied, oral or written, who |
contracts an occupational
disease while working in the |
State of Illinois, or who contracts an
occupational disease |
while working outside of the State of Illinois but
where |
the contract of hire is made within the State of Illinois, |
and any
person whose employment is principally localized |
within the State of
Illinois, regardless of the place where |
the disease was contracted or
place where the contract of |
hire was made, including aliens, and minors
who, for the |
purpose of this Act, except Section 3 hereof, shall be
|
considered the same and have the same power to contract, |
receive
payments and give quittances therefor, as adult |
|
employees. An employee
or his or her dependents under this |
Act who shall have a cause of action
by reason of an |
occupational disease, disablement or death arising out
of |
and in the course of his or her employment may elect or |
pursue
his or her remedy in the State where the disease was |
contracted, or in the
State where the contract of hire is |
made, or in the State where the
employment is principally |
localized.
|
(c) "Commission" means the Illinois Workers' Compensation |
Commission created by the
Workers' Compensation Act, approved |
July 9, 1951, as amended.
|
(d) In this Act the term "Occupational Disease" means a |
disease
arising out of and in the course of the employment or |
which has become
aggravated and rendered disabling as a result |
of the exposure of the
employment. Such aggravation shall arise |
out of a risk peculiar to or
increased by the employment and |
not common to the general public.
|
A disease shall be deemed to arise out of the employment if |
there is
apparent to the rational mind, upon consideration of |
all the
circumstances, a causal connection between the |
conditions under which
the work is performed and the |
occupational disease. The disease need not
to have been |
foreseen or expected but after its contraction it must
appear |
to have had its origin or aggravation in a risk connected with
|
the employment and to have flowed from that source as a |
rational
consequence.
|
|
An employee shall be conclusively deemed to have been |
exposed to the
hazards of an occupational disease when, for any |
length of time however
short, he or she is employed in an |
occupation or process in which the
hazard of the disease |
exists; provided however, that in a claim of
exposure to atomic |
radiation, the fact of such exposure must be verified
by the |
records of the central registry of radiation exposure |
maintained
by the Department of Public Health or by some other |
recognized
governmental agency maintaining records of such |
exposures whenever and
to the extent that the records are on |
file with the Department of Public
Health or the agency. |
Any injury to or disease or death of an employee arising |
from the administration of a vaccine, including without |
limitation smallpox vaccine, to prepare for, or as a response |
to, a threatened or potential bioterrorist incident to the |
employee as part of a voluntary inoculation program in |
connection with the person's employment or in connection with |
any governmental program or recommendation for the inoculation |
of workers in the employee's occupation, geographical area, or |
other category that includes the employee is deemed to arise |
out of and in the course of the employment for all purposes |
under this Act. This paragraph added by Public Act 93-829 is |
declarative of existing law and is not a new enactment.
|
The employer liable for the compensation in this Act |
provided shall
be the employer in whose employment the employee |
was last exposed to the
hazard of the occupational disease |
|
claimed upon regardless of the length
of time of such last |
exposure, except, in cases of silicosis or
asbestosis, the only |
employer liable shall be the last employer in whose
employment |
the employee was last exposed during a period of 60 days or
|
more after the effective date of this Act, to the hazard of |
such
occupational disease, and, in such cases, an exposure |
during a period of
less than 60 days, after the effective date |
of this Act, shall not be
deemed a last exposure. If a miner |
who is suffering or suffered from
pneumoconiosis was employed |
for 10 years or more in one or more coal
mines there shall, |
effective July 1, 1973 be a rebuttable presumption
that his or |
her pneumoconiosis arose out of such employment.
|
If a deceased miner was employed for 10 years or more in |
one or more
coal mines and died from a respirable disease there |
shall, effective
July 1, 1973, be a rebuttable presumption that |
his or her death was due
to pneumoconiosis.
|
Any condition or impairment of health of an employee |
employed as a
firefighter, emergency medical technician (EMT), |
emergency medical technician-intermediate (EMT-I), advanced |
emergency medical technician (A-EMT), or paramedic which |
results
directly or indirectly from any bloodborne pathogen, |
lung or respiratory
disease
or
condition, heart
or vascular |
disease or condition, hypertension, tuberculosis, or cancer
|
resulting
in any disability (temporary, permanent, total, or |
partial) to the employee
shall be rebuttably presumed to arise |
out of and in the course of the
employee's firefighting, EMT, |
|
EMT-I, A-EMT, or paramedic employment and, further, shall be
|
rebuttably presumed to be causally connected to the hazards or |
exposures of
the employment. This presumption shall also apply |
to any hernia or hearing
loss suffered by an employee employed |
as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, |
this presumption shall not apply to any employee who has been |
employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for |
less than 5 years at the time he or she files an Application |
for Adjustment of Claim concerning this condition or impairment |
with the Illinois Workers' Compensation Commission. The |
rebuttable presumption established under this subsection, |
however, does not apply to an emergency medical technician |
(EMT) , emergency medical technician-intermediate (EMT-I), |
advanced emergency medical technician (A-EMT), or paramedic |
employed by a private employer if the employee spends the |
preponderance of his or her work time for that employer engaged |
in medical transfers between medical care facilities or |
non-emergency medical transfers to or from medical care |
facilities. The changes made to this subsection by this |
amendatory Act of the 98th General Assembly shall be narrowly |
construed. The Finding and Decision of the Illinois Workers' |
Compensation Commission under only the rebuttable presumption |
provision of this paragraph shall not be admissible or be |
deemed res judicata in any disability claim under the Illinois |
Pension Code arising out of the same medical condition; |
however, this sentence makes no change to the law set forth in |
|
Krohe v. City of Bloomington, 204 Ill.2d 392.
|
The insurance carrier liable shall be the carrier whose |
policy was in
effect covering the employer liable on the last |
day of the exposure
rendering such employer liable in |
accordance with the provisions of this
Act.
|
(e) "Disablement" means an impairment or partial |
impairment,
temporary or permanent, in the function of the body |
or any of the
members of the body, or the event of becoming |
disabled from earning full
wages at the work in which the |
employee was engaged when last exposed to
the hazards of the |
occupational disease by the employer from whom he or
she claims |
compensation, or equal wages in other suitable employment;
and |
"disability" means the state of being so incapacitated.
|
(f) No compensation shall be payable for or on account of |
any
occupational disease unless disablement, as herein |
defined, occurs
within two years after the last day of the last |
exposure to the hazards
of the disease, except in cases of |
occupational disease caused by
berylliosis or by the inhalation |
of silica dust or asbestos dust and, in
such cases, within 3 |
years after the last day of the last exposure to
the hazards of |
such disease and except in the case of occupational
disease |
caused by exposure to radiological materials or equipment, and
|
in such case, within 25 years after the last day of last |
exposure to the
hazards of such disease.
|
(Source: P.A. 98-291, eff. 1-1-14.)
|