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| Public Act 101-0153 | ||||
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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 3.50 as follows:
| ||||
(210 ILCS 50/3.50)
| ||||
(Text of Section before amendment by P.A. 100-1082)
| ||||
Sec. 3.50. Emergency Medical Services personnel licensure | ||||
levels.
| ||||
(a) "Emergency Medical Technician" or
"EMT" means a person | ||||
who has successfully completed a course in basic life support
| ||||
as approved by the
Department, is currently licensed by the | ||||
Department in
accordance with standards prescribed by this Act | ||||
and rules
adopted by the Department pursuant to this Act, and | ||||
practices within an EMS
System. A valid Emergency Medical | ||||
Technician-Basic (EMT-B) license issued under this Act shall | ||||
continue to be valid and shall be recognized as an Emergency | ||||
Medical Technician (EMT) license until the Emergency Medical | ||||
Technician-Basic (EMT-B) license expires.
| ||||
(b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||||
means a person who has successfully completed a
course in | ||||
intermediate life support
as approved
by the Department, is | ||||
currently licensed by the
Department in accordance with | ||||
standards prescribed by this
Act and rules adopted by the | ||
Department pursuant to this
Act, and practices within an | ||
Intermediate or Advanced
Life Support EMS System.
| ||
(b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||
means a person who has successfully completed a course in basic | ||
and limited advanced emergency medical care as approved by the | ||
Department, is currently licensed by the Department in | ||
accordance with standards prescribed by this Act and rules | ||
adopted by the Department pursuant to this Act, and practices | ||
within an Intermediate or Advanced Life Support EMS System. | ||
(c) "Paramedic (EMT-P)" means a person who
has successfully | ||
completed a
course in advanced life support care
as approved
by | ||
the Department, is licensed by the Department
in accordance | ||
with standards prescribed by this Act and
rules adopted by the | ||
Department pursuant to this Act, and
practices within an | ||
Advanced Life Support EMS System. A valid Emergency Medical | ||
Technician-Paramedic (EMT-P) license issued under this Act | ||
shall continue to be valid and shall be recognized as a | ||
Paramedic license until the Emergency Medical | ||
Technician-Paramedic (EMT-P) license expires.
| ||
(c-5) "Emergency Medical Responder" or "EMR (First | ||
Responder)" means a person who has successfully completed a | ||
course in emergency medical response as approved by the | ||
Department and provides emergency medical response services | ||
prior to the arrival of an ambulance or specialized emergency | ||
medical services vehicle, in accordance with the level of care | ||
established by the National EMS Educational Standards | ||
Emergency Medical Responder course as modified by the | ||
Department. An Emergency Medical Responder who provides | ||
services as part of an EMS System response plan shall comply | ||
with the applicable sections of the Program Plan, as approved | ||
by the Department, of that EMS System. The Department shall | ||
have the authority to adopt rules governing the curriculum, | ||
practice, and necessary equipment applicable to Emergency | ||
Medical Responders. | ||
On August 15, 2014 (the effective date of Public Act | ||
98-973) this amendatory Act of the 98th General Assembly, a | ||
person who is licensed by the Department as a First Responder | ||
and has completed a Department-approved course in first | ||
responder defibrillator training based on, or equivalent to, | ||
the National EMS Educational Standards or other standards | ||
previously recognized by the Department shall be eligible for | ||
licensure as an Emergency Medical Responder upon meeting the | ||
licensure requirements and submitting an application to the | ||
Department. A valid First Responder license issued under this | ||
Act shall continue to be valid and shall be recognized as an | ||
Emergency Medical Responder license until the First Responder | ||
license expires. | ||
(c-10) All EMS Systems and licensees shall be fully | ||
compliant with the National EMS Education Standards, as | ||
modified by the Department in administrative rules, within 24 | ||
months after the adoption of the administrative rules. | ||
(d) The Department shall have the authority and
| ||
responsibility to:
| ||
(1) Prescribe education and training requirements, | ||
which
includes training in the use of epinephrine,
for all | ||
levels of EMS personnel except for EMRs, based on the | ||
National EMS Educational Standards
and any modifications | ||
to those curricula specified by the
Department through | ||
rules adopted pursuant to this Act.
| ||
(2) Prescribe licensure testing requirements
for all | ||
levels of EMS personnel, which shall include a requirement | ||
that
all phases of instruction, training, and field | ||
experience be
completed before taking the appropriate | ||
licensure examination.
Candidates may elect to take the | ||
appropriate National Registry examination in lieu of the
| ||
Department's examination, but are responsible for making
| ||
their own arrangements for taking the National Registry
| ||
examination. In prescribing licensure testing requirements | ||
for honorably discharged members of the armed forces of the | ||
United States under this paragraph (2), the Department | ||
shall ensure that a candidate's military emergency medical | ||
training, emergency medical curriculum completed, and | ||
clinical experience, as described in paragraph (2.5), are | ||
recognized.
| ||
(2.5) Review applications for EMS personnel licensure | ||
from
honorably discharged members of the armed forces of | ||
the United States with military emergency medical | ||
training. Applications shall be filed with the Department | ||
within one year after military discharge and shall contain: | ||
(i) proof of successful completion of military emergency | ||
medical training; (ii) a detailed description of the | ||
emergency medical curriculum completed; and (iii) a | ||
detailed description of the applicant's clinical | ||
experience. The Department may request additional and | ||
clarifying information. The Department shall evaluate the | ||
application, including the applicant's training and | ||
experience, consistent with the standards set forth under | ||
subsections (a), (b), (c), and (d) of Section 3.10. If the | ||
application clearly demonstrates that the training and | ||
experience meets such standards, the Department shall | ||
offer the applicant the opportunity to successfully | ||
complete a Department-approved EMS personnel examination | ||
for the level of license for which the applicant is | ||
qualified. Upon passage of an examination, the Department | ||
shall issue a license, which shall be subject to all | ||
provisions of this Act that are otherwise applicable to the | ||
level of EMS personnel
license issued. | ||
(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| ||
or Paramedic who have met the Department's education, | ||
training and
examination requirements.
| ||
(4) Prescribe annual continuing education and
| ||
relicensure requirements for all EMS personnel licensure
| ||
levels.
| ||
(5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||
A-EMT,
or Paramedic every 4 years, based on their | ||
compliance with
continuing education and relicensure | ||
requirements as required by the Department pursuant to this | ||
Act. Every 4 years, a Paramedic shall have 100 hours of | ||
approved continuing education, an EMT-I and an advanced EMT | ||
shall have 80 hours of approved continuing education, and | ||
an EMT shall have 60 hours of approved continuing | ||
education. An Illinois licensed EMR, EMD, EMT, EMT-I, | ||
A-EMT, Paramedic, ECRN, or PHRN whose license has been | ||
expired for less than 36 months may apply for reinstatement | ||
by the Department. Reinstatement shall require that the | ||
applicant (i) submit satisfactory proof of completion of | ||
continuing medical education and clinical requirements to | ||
be prescribed by the Department in an administrative rule; | ||
(ii) submit a positive recommendation from an Illinois EMS | ||
Medical Director attesting to the applicant's | ||
qualifications for retesting; and (iii) pass a Department | ||
approved test for the level of EMS personnel license sought | ||
to be reinstated.
| ||
(6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||
A-EMT, Paramedic, ECRN, or PHRN who
qualifies, based on | ||
standards and procedures established by
the Department in | ||
rules adopted pursuant to this Act.
| ||
(7) Charge a fee for EMS personnel examination, | ||
licensure, and license renewal.
| ||
(8) Suspend, revoke, or refuse to issue or renew the
| ||
license of any licensee, after an opportunity for an | ||
impartial hearing before a neutral administrative law | ||
judge appointed by the Director, where the preponderance of | ||
the evidence shows one or more of the following:
| ||
(A) The licensee has not met continuing
education | ||
or relicensure requirements as prescribed by the | ||
Department;
| ||
(B) The licensee has failed to maintain
| ||
proficiency in the level of skills for which he or she | ||
is licensed;
| ||
(C) The licensee, during the provision of
medical | ||
services, engaged in dishonorable, unethical, or
| ||
unprofessional conduct of a character likely to | ||
deceive,
defraud, or harm the public;
| ||
(D) The licensee has failed to maintain or
has | ||
violated standards of performance and conduct as | ||
prescribed
by the Department in rules adopted pursuant | ||
to this Act or
his or her EMS System's Program Plan;
| ||
(E) The licensee is physically impaired to
the | ||
extent that he or she cannot physically perform the | ||
skills and
functions for which he or she is licensed, | ||
as verified by a
physician, unless the person is on | ||
inactive status pursuant
to Department regulations;
| ||
(F) The licensee is mentally impaired to the
extent | ||
that he or she cannot exercise the appropriate | ||
judgment,
skill and safety for performing the | ||
functions for which he
or she is licensed, as verified | ||
by a physician, unless the person
is on inactive status | ||
pursuant to Department regulations;
| ||
(G) The licensee has violated this Act or any
rule | ||
adopted by the Department pursuant to this Act; or | ||
(H) The licensee has been convicted (or entered a | ||
plea of guilty or nolo-contendere) by a court of | ||
competent jurisdiction of a Class X, Class 1, or Class | ||
2 felony in this State or an out-of-state equivalent | ||
offense. | ||
(9) Prescribe education and training requirements in | ||
the administration and use of opioid antagonists for all | ||
levels of EMS personnel based on the National EMS | ||
Educational Standards and any modifications to those | ||
curricula specified by the Department through rules | ||
adopted pursuant to this Act. | ||
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or | ||
PHRN who is a member of the Illinois National Guard or an | ||
Illinois State Trooper or who exclusively serves as a volunteer | ||
for units of local government with a population base of less | ||
than 5,000 or as a volunteer
for a not-for-profit organization | ||
that serves a service area
with a population base of less than | ||
5,000 may submit an application to the Department for a waiver | ||
of the fees described under paragraph (7) of subsection (d) of | ||
this Section on a form prescribed by the Department. | ||
The education requirements prescribed by the Department | ||
under this Section must allow for the suspension of those | ||
requirements in the case of a member of the armed services or | ||
reserve forces of the United States or a member of the Illinois | ||
National Guard who is on active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor at | ||
the time that the member would otherwise be required to fulfill | ||
a particular education requirement. Such a person must fulfill | ||
the education requirement within 6 months after his or her | ||
release from active duty.
| ||
(e) In the event that any rule of the
Department or an EMS | ||
Medical Director that requires testing for drug
use as a | ||
condition of the applicable EMS personnel license conflicts | ||
with or
duplicates a provision of a collective bargaining | ||
agreement
that requires testing for drug use, that rule shall | ||
not
apply to any person covered by the collective bargaining
| ||
agreement.
| ||
(f) At the time of applying for or renewing his or her | ||
license, an applicant for a license or license renewal may | ||
submit an email address to the Department. The Department shall | ||
keep the email address on file as a form of contact for the | ||
individual. The Department shall send license renewal notices | ||
electronically and by mail to all licensees who provide the | ||
Department with his or her email address. The notices shall be | ||
sent at least 60 days prior to the expiration date of the | ||
license. | ||
(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, | ||
eff. 8-15-14; 99-480, eff. 9-9-15; revised 10-4-18.)
| ||
(Text of Section after amendment by P.A. 100-1082)
| ||
Sec. 3.50. Emergency Medical Services personnel licensure | ||
levels.
| ||
(a) "Emergency Medical Technician" or
"EMT" means a person | ||
who has successfully completed a course in basic life support
| ||
as approved by the
Department, is currently licensed by the | ||
Department in
accordance with standards prescribed by this Act | ||
and rules
adopted by the Department pursuant to this Act, and | ||
practices within an EMS
System. A valid Emergency Medical | ||
Technician-Basic (EMT-B) license issued under this Act shall | ||
continue to be valid and shall be recognized as an Emergency | ||
Medical Technician (EMT) license until the Emergency Medical | ||
Technician-Basic (EMT-B) license expires.
| ||
(b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||
means a person who has successfully completed a
course in | ||
intermediate life support
as approved
by the Department, is | ||
currently licensed by the
Department in accordance with | ||
standards prescribed by this
Act and rules adopted by the | ||
Department pursuant to this
Act, and practices within an | ||
Intermediate or Advanced
Life Support EMS System.
| ||
(b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||
means a person who has successfully completed a course in basic | ||
and limited advanced emergency medical care as approved by the | ||
Department, is currently licensed by the Department in | ||
accordance with standards prescribed by this Act and rules | ||
adopted by the Department pursuant to this Act, and practices | ||
within an Intermediate or Advanced Life Support EMS System. | ||
(c) "Paramedic (EMT-P)" means a person who
has successfully | ||
completed a
course in advanced life support care
as approved
by | ||
the Department, is licensed by the Department
in accordance | ||
with standards prescribed by this Act and
rules adopted by the | ||
Department pursuant to this Act, and
practices within an | ||
Advanced Life Support EMS System. A valid Emergency Medical | ||
Technician-Paramedic (EMT-P) license issued under this Act | ||
shall continue to be valid and shall be recognized as a | ||
Paramedic license until the Emergency Medical | ||
Technician-Paramedic (EMT-P) license expires.
| ||
(c-5) "Emergency Medical Responder" or "EMR (First | ||
Responder)" means a person who has successfully completed a | ||
course in emergency medical response as approved by the | ||
Department and provides emergency medical response services | ||
prior to the arrival of an ambulance or specialized emergency | ||
medical services vehicle, in accordance with the level of care | ||
established by the National EMS Educational Standards | ||
Emergency Medical Responder course as modified by the | ||
Department. An Emergency Medical Responder who provides | ||
services as part of an EMS System response plan shall comply | ||
with the applicable sections of the Program Plan, as approved | ||
by the Department, of that EMS System. The Department shall | ||
have the authority to adopt rules governing the curriculum, | ||
practice, and necessary equipment applicable to Emergency | ||
Medical Responders. | ||
On August 15, 2014 (the effective date of Public Act | ||
98-973) this amendatory Act of the 98th General Assembly, a | ||
person who is licensed by the Department as a First Responder | ||
and has completed a Department-approved course in first | ||
responder defibrillator training based on, or equivalent to, | ||
the National EMS Educational Standards or other standards | ||
previously recognized by the Department shall be eligible for | ||
licensure as an Emergency Medical Responder upon meeting the | ||
licensure requirements and submitting an application to the | ||
Department. A valid First Responder license issued under this | ||
Act shall continue to be valid and shall be recognized as an | ||
Emergency Medical Responder license until the First Responder | ||
license expires. | ||
(c-10) All EMS Systems and licensees shall be fully | ||
compliant with the National EMS Education Standards, as | ||
modified by the Department in administrative rules, within 24 | ||
months after the adoption of the administrative rules. | ||
(d) The Department shall have the authority and
| ||
responsibility to:
| ||
(1) Prescribe education and training requirements, | ||
which
includes training in the use of epinephrine,
for all | ||
levels of EMS personnel except for EMRs, based on the | ||
National EMS Educational Standards
and any modifications | ||
to those curricula specified by the
Department through | ||
rules adopted pursuant to this Act.
| ||
(2) Prescribe licensure testing requirements
for all | ||
levels of EMS personnel, which shall include a requirement | ||
that
all phases of instruction, training, and field | ||
experience be
completed before taking the appropriate | ||
licensure examination.
Candidates may elect to take the | ||
appropriate National Registry examination in lieu of the
| ||
Department's examination, but are responsible for making
| ||
their own arrangements for taking the National Registry
| ||
examination. In prescribing licensure testing requirements | ||
for honorably discharged members of the armed forces of the | ||
United States under this paragraph (2), the Department | ||
shall ensure that a candidate's military emergency medical | ||
training, emergency medical curriculum completed, and | ||
clinical experience, as described in paragraph (2.5), are | ||
recognized.
| ||
(2.5) Review applications for EMS personnel licensure | ||
from
honorably discharged members of the armed forces of | ||
the United States with military emergency medical | ||
training. Applications shall be filed with the Department | ||
within one year after military discharge and shall contain: | ||
(i) proof of successful completion of military emergency | ||
medical training; (ii) a detailed description of the | ||
emergency medical curriculum completed; and (iii) a | ||
detailed description of the applicant's clinical | ||
experience. The Department may request additional and | ||
clarifying information. The Department shall evaluate the | ||
application, including the applicant's training and | ||
experience, consistent with the standards set forth under | ||
subsections (a), (b), (c), and (d) of Section 3.10. If the | ||
application clearly demonstrates that the training and | ||
experience meet meets such standards, the Department shall | ||
offer the applicant the opportunity to successfully | ||
complete a Department-approved EMS personnel examination | ||
for the level of license for which the applicant is | ||
qualified. Upon passage of an examination, the Department | ||
shall issue a license, which shall be subject to all | ||
provisions of this Act that are otherwise applicable to the | ||
level of EMS personnel
license issued. | ||
(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| ||
or Paramedic who have met the Department's education, | ||
training and
examination requirements.
| ||
(4) Prescribe annual continuing education and
| ||
relicensure requirements for all EMS personnel licensure
| ||
levels.
| ||
(5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||
A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, | ||
based on their compliance with
continuing education and | ||
relicensure requirements as required by the Department | ||
pursuant to this Act. Every 4 years, a Paramedic shall have | ||
100 hours of approved continuing education, an EMT-I and an | ||
advanced EMT shall have 80 hours of approved continuing | ||
education, and an EMT shall have 60 hours of approved | ||
continuing education. An Illinois licensed EMR, EMD, EMT, | ||
EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose | ||
license has been expired for less than 36 months may apply | ||
for reinstatement by the Department. Reinstatement shall | ||
require that the applicant (i) submit satisfactory proof of | ||
completion of continuing medical education and clinical | ||
requirements to be prescribed by the Department in an | ||
administrative rule; (ii) submit a positive recommendation | ||
from an Illinois EMS Medical Director attesting to the | ||
applicant's qualifications for retesting; and (iii) pass a | ||
Department approved test for the level of EMS personnel | ||
license sought to be reinstated.
| ||
(6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||
A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
| ||
qualifies, based on standards and procedures established | ||
by
the Department in rules adopted pursuant to this Act.
| ||
(7) Charge a fee for EMS personnel examination, | ||
licensure, and license renewal.
| ||
(8) Suspend, revoke, or refuse to issue or renew the
| ||
license of any licensee, after an opportunity for an | ||
impartial hearing before a neutral administrative law | ||
judge appointed by the Director, where the preponderance of | ||
the evidence shows one or more of the following:
| ||
(A) The licensee has not met continuing
education | ||
or relicensure requirements as prescribed by the | ||
Department;
| ||
(B) The licensee has failed to maintain
| ||
proficiency in the level of skills for which he or she | ||
is licensed;
| ||
(C) The licensee, during the provision of
medical | ||
services, engaged in dishonorable, unethical, or
| ||
unprofessional conduct of a character likely to | ||
deceive,
defraud, or harm the public;
| ||
(D) The licensee has failed to maintain or
has | ||
violated standards of performance and conduct as | ||
prescribed
by the Department in rules adopted pursuant | ||
to this Act or
his or her EMS System's Program Plan;
| ||
(E) The licensee is physically impaired to
the | ||
extent that he or she cannot physically perform the | ||
skills and
functions for which he or she is licensed, | ||
as verified by a
physician, unless the person is on | ||
inactive status pursuant
to Department regulations;
| ||
(F) The licensee is mentally impaired to the
extent | ||
that he or she cannot exercise the appropriate | ||
judgment,
skill and safety for performing the | ||
functions for which he
or she is licensed, as verified | ||
by a physician, unless the person
is on inactive status | ||
pursuant to Department regulations;
| ||
(G) The licensee has violated this Act or any
rule | ||
adopted by the Department pursuant to this Act; or | ||
(H) The licensee has been convicted (or entered a | ||
plea of guilty or nolo-contendere) by a court of | ||
competent jurisdiction of a Class X, Class 1, or Class | ||
2 felony in this State or an out-of-state equivalent | ||
offense. | ||
(9) Prescribe education and training requirements in | ||
the administration and use of opioid antagonists for all | ||
levels of EMS personnel based on the National EMS | ||
Educational Standards and any modifications to those | ||
curricula specified by the Department through rules | ||
adopted pursuant to this Act. | ||
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | ||
PHAPRN, PHPA, or PHRN who is a member of the Illinois National | ||
Guard or an Illinois State Trooper or who exclusively serves as | ||
a volunteer for units of local government with a population | ||
base of less than 5,000 or as a volunteer
for a not-for-profit | ||
organization that serves a service area
with a population base | ||
of less than 5,000 may submit an application to the Department | ||
for a waiver of the fees described under paragraph (7) of | ||
subsection (d) of this Section on a form prescribed by the | ||
Department. | ||
The education requirements prescribed by the Department | ||
under this Section must allow for the suspension of those | ||
requirements in the case of a member of the armed services or | ||
reserve forces of the United States or a member of the Illinois | ||
National Guard who is on active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor at | ||
the time that the member would otherwise be required to fulfill | ||
a particular education requirement. Such a person must fulfill | ||
the education requirement within 6 months after his or her | ||
release from active duty.
| ||
(e) In the event that any rule of the
Department or an EMS | ||
Medical Director that requires testing for drug
use as a | ||
condition of the applicable EMS personnel license conflicts | ||
with or
duplicates a provision of a collective bargaining | ||
agreement
that requires testing for drug use, that rule shall | ||
not
apply to any person covered by the collective bargaining
| ||
agreement.
| ||
(f) At the time of applying for or renewing his or her | ||
license, an applicant for a license or license renewal may | ||
submit an email address to the Department. The Department shall | ||
keep the email address on file as a form of contact for the | ||
individual. The Department shall send license renewal notices | ||
electronically and by mail to all licensees who provide the | ||
Department with his or her email address. The notices shall be | ||
sent at least 60 days prior to the expiration date of the | ||
license. | ||
(Source: P.A. 99-480, eff. 9-9-15; 100-1082, eff. 8-24-19; | ||
revised 10-4-18.)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||