Illinois General Assembly - Full Text of Public Act 096-1009
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Public Act 096-1009





Public Act 096-1009
SB3637 Enrolled LRB096 18518 KTG 33900 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Emergency Medical Services (EMS) Systems Act
is amended by changing Section 3.20 as follows:
    (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
    identified. 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
        (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
    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
        (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) 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) 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. 95-584, eff. 8-31-07.)

Effective Date: 1/1/2011