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Public Act 102-0623


 

Public Act 0623 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0623
 
SB0693 EnrolledLRB102 04346 CPF 14364 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 Sections 3.10, 3.50, 3.85, and
3.155 as follows:
 
    (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 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 medical
monitoring, clinical observation, 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 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 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 and any modifications to that curriculum specified
in rules adopted by the Department pursuant to this Act.
    (e) "Pre-hospital care" means those medical services
rendered to patients for analytic, resuscitative, stabilizing,
or preventive purposes, precedent to and during transportation
of such patients to health care facilities.
    (f) "Inter-hospital care" means those medical services
rendered to 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. When medically
indicated for a patient, as determined by a physician licensed
to practice medicine in all of its branches, an advanced
practice registered 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 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 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
    registered nurse, or a physician's assistant.
    (g) "Non-emergency medical services" means the provision
of, and all actions necessary before and after the provision
of, Basic Life Support (BLS) Services, Advanced Life Support
(ALS) Services, and critical care transport medical care,
clinical observation, or medical monitoring rendered to
patients whose conditions do not meet this Act's definition of
emergency, before, after, 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
and personnel licensed under 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. 99-661, eff. 1-1-17; 100-513, eff. 1-1-18.)
 
    (210 ILCS 50/3.50)
    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, or who . 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), 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 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 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 a licensee all licensees
who provides 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. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19;
101-153, eff. 1-1-20; revised 12-3-19.)
 
    (210 ILCS 50/3.85)
    Sec. 3.85. Vehicle Service Providers.
    (a) "Vehicle Service Provider" means an entity licensed by
the Department to provide emergency or non-emergency medical
services in compliance with this Act, the rules promulgated by
the Department pursuant to this Act, and an operational plan
approved by its EMS System(s), utilizing at least ambulances
or specialized emergency medical service vehicles (SEMSV).
        (1) "Ambulance" means any publicly or privately owned
    on-road vehicle that is specifically designed, constructed
    or modified and equipped, and is intended to be used for,
    and is maintained or operated for the emergency
    transportation of persons who are sick, injured, wounded
    or otherwise incapacitated or helpless, or the
    non-emergency medical transportation of persons who
    require the presence of medical personnel to monitor the
    individual's condition or medical apparatus being used on
    such individuals.
        (2) "Specialized Emergency Medical Services Vehicle"
    or "SEMSV" means a vehicle or conveyance, other than those
    owned or operated by the federal government, that is
    primarily intended for use in transporting the sick or
    injured by means of air, water, or ground transportation,
    that is not an ambulance as defined in this Act. The term
    includes watercraft, aircraft and special purpose ground
    transport vehicles or conveyances not intended for use on
    public roads.
        (3) An ambulance or SEMSV may also be designated as a
    Limited Operation Vehicle or Special-Use Vehicle:
            (A) "Limited Operation Vehicle" means a vehicle
        which is licensed by the Department to provide basic,
        intermediate or advanced life support emergency or
        non-emergency medical services that are exclusively
        limited to specific events or locales.
            (B) "Special-Use Vehicle" means any publicly or
        privately owned vehicle that is specifically designed,
        constructed or modified and equipped, and is intended
        to be used for, and is maintained or operated solely
        for the emergency or non-emergency transportation of a
        specific medical class or category of persons who are
        sick, injured, wounded or otherwise incapacitated or
        helpless (e.g. high-risk obstetrical patients,
        neonatal patients).
            (C) "Reserve Ambulance" means a vehicle that meets
        all criteria set forth in this Section and all
        Department rules, except for the required inventory of
        medical supplies and durable medical equipment, which
        may be rapidly transferred from a fully functional
        ambulance to a reserve ambulance without the use of
        tools or special mechanical expertise.
    (b) The Department shall have the authority and
responsibility to:
        (1) Require all Vehicle Service Providers, both
    publicly and privately owned, to function within an EMS
    System.
        (2) Require a Vehicle Service Provider utilizing
    ambulances to have a primary affiliation with an EMS
    System within the EMS Region in which its Primary Service
    Area is located, which is the geographic areas in which
    the provider renders the majority of its emergency
    responses. This requirement shall not apply to Vehicle
    Service Providers which exclusively utilize Limited
    Operation Vehicles.
        (3) Establish licensing standards and requirements for
    Vehicle Service Providers, through rules adopted pursuant
    to this Act, including but not limited to:
            (A) Vehicle design, specification, operation and
        maintenance standards, including standards for the use
        of reserve ambulances;
            (B) Equipment requirements;
            (C) Staffing requirements; and
            (D) License renewal at intervals determined by the
        Department, which shall be not less than every 4
        years.
        The Department's standards and requirements with
    respect to vehicle staffing for private, nonpublic local
    government employers must allow for an alternative rural
    staffing models that include an EMR who drives an
    ambulance with a licensed EMT, EMT-I, A-EMT, Paramedic, or
    PHRN, as appropriate, in the patient compartment providing
    care to the patient pursuant to the approval of the EMS
    System Program Plan developed and approved by the EMS
    Medical Director for an EMS System. The Department shall
    monitor the implementation and performance of alternative
    staffing models and may issue a notice of termination of
    an alternative staffing model only upon evidence that an
    EMS System Program Plan is not being adhered to.
        An EMS System Program Plan for a Basic Life Support
    transport utilizing an EMR and an EMT shall include the
    following:
            (A) Alternative staffing models for a Basic Life
        Support transport utilizing an EMR and an EMT shall
        only be utilized for interfacility Basic Life Support
        transports and medical appointments, excluding any
        transport to or from a dialysis center.
            (B) Protocols that shall include dispatch
        procedures to properly screen and assess patients for
        EMR-staffed and EMT-staffed Basic Life Support
        transport.
            (C) A requirement that a provider shall implement
        a quality assurance plan with mechanisms outlined to
        audit dispatch screening and the outcome of transports
        performed.
            (D) The EMT shall have at least one year of
        experience in performance of pre-hospital emergency
        care.
            (E) The licensed EMR must complete a defensive
        driving course prior to participation in the
        Department's alternative staffing model.
            (F) The length of the EMS System Program Plan for a
        Basic Life Support transport utilizing an EMR and an
        EMT shall be for one year, and must be renewed annually
        if proof of the criteria being met is submitted,
        validated, and approved by the EMS Medical Director
        for the EMS System and the Department.
        The Department must allow for an alternative rural
    staffing model for those vehicle service providers that
    serve a rural or semi-rural population of 10,000 or fewer
    inhabitants and exclusively uses volunteers, paid-on-call,
    or a combination thereof.
        (4) License all Vehicle Service Providers that have
    met the Department's requirements for licensure, unless
    such Provider is owned or licensed by the federal
    government. All Provider licenses issued by the Department
    shall specify the level and type of each vehicle covered
    by the license (BLS, ILS, ALS, ambulance, SEMSV, limited
    operation vehicle, special use vehicle, reserve
    ambulance).
        (5) Annually inspect all licensed vehicles operated by
    Vehicle Service Providers.
        (6) Suspend, revoke, refuse to issue or refuse to
    renew the license of any Vehicle Service Provider, or that
    portion of a license pertaining to a specific vehicle
    operated by the Provider, after an opportunity for a
    hearing, when findings show that the Provider or one or
    more of its vehicles has failed to comply with the
    standards and requirements of this Act or rules adopted by
    the Department pursuant to this Act.
        (7) Issue an Emergency Suspension Order for any
    Provider or vehicle licensed under this Act, when the
    Director or his designee has determined that an immediate
    and serious danger to the public health, safety and
    welfare exists. Suspension or revocation proceedings which
    offer an opportunity for hearing shall be promptly
    initiated after the Emergency Suspension Order has been
    issued.
        (8) Exempt any licensed vehicle from subsequent
    vehicle design standards or specifications required by the
    Department, as long as said vehicle is continuously in
    compliance with the vehicle design standards and
    specifications originally applicable to that vehicle, or
    until said vehicle's title of ownership is transferred.
        (9) Exempt any vehicle (except an SEMSV) which was
    being used as an ambulance on or before December 15, 1980,
    from vehicle design standards and specifications required
    by the Department, until said vehicle's title of ownership
    is transferred. Such vehicles shall not be exempt from all
    other licensing standards and requirements prescribed by
    the Department.
        (10) Prohibit any Vehicle Service Provider from
    advertising, identifying its vehicles, or disseminating
    information in a false or misleading manner concerning the
    Provider's type and level of vehicles, location, primary
    service area, response times, level of personnel,
    licensure status or System participation.
        (10.5) Prohibit any Vehicle Service Provider, whether
    municipal, private, or hospital-owned, from advertising
    itself as a critical care transport provider unless it
    participates in a Department-approved EMS System critical
    care transport plan.
        (11) Charge each Vehicle Service Provider a fee per
    transport vehicle, due annually at time of inspection. The
    fee per transport vehicle shall be set by administrative
    rule by the Department and shall not exceed 100 vehicles
    per provider.
(Source: P.A. 97-333, eff. 8-12-11; 97-1014, eff. 1-1-13;
98-452, eff. 1-1-14.)
 
    (210 ILCS 50/3.155)
    Sec. 3.155. General Provisions.
    (a) Authority and responsibility for the EMS System shall
be vested in the EMS Resource Hospital, through the EMS
Medical Director or his designee.
    (b) For an inter-hospital emergency or non-emergency
medical transport, in which the physician from the sending
hospital provides the EMS personnel with written medical
orders, such written medical orders cannot exceed the scope of
care which the EMS personnel are authorized to render pursuant
to this Act.
    (c) For an inter-hospital emergency or non-emergency
medical transport of a patient who requires medical care
beyond the scope of care which the EMS personnel are
authorized to render pursuant to this Act, a qualified
physician, nurse, perfusionist, or respiratory therapist
familiar with the scope of care needed must accompany the
patient and the transferring hospital and physician shall
assume medical responsibility for that portion of the medical
care.
    (d) No emergency medical services vehicles or personnel
from another State or nation may be utilized on a regular basis
to pick up and transport patients within this State without
first complying with this Act and all rules adopted by the
Department pursuant to this Act.
    (e) This Act shall not prevent emergency medical services
vehicles or personnel from another State or nation from
rendering requested assistance in this State in a disaster
situation, or operating from a location outside the State and
occasionally transporting patients into this State for needed
medical care. Except as provided in Section 31 of this Act,
this Act shall not provide immunity from liability for such
activities.
    (f) Except as provided in subsection (e) of this Section,
no person or entity shall transport emergency or non-emergency
patients by ambulance, SEMSV, or medical carrier without first
complying with the provisions of this Act and all rules
adopted pursuant to this Act.
    (g) Nothing in this Act or the rules adopted by the
Department under this Act shall be construed to authorize any
medical treatment to or transportation of any person who
objects on religious grounds.
    (h) Patients, individuals who accompany a patient, and
emergency medical services personnel may not smoke while
inside an ambulance or SEMSV. The Department of Public Health
may impose a civil penalty on an individual who violates this
subsection in the amount of $100.
    (i) When a patient has been determined by EMS personnel to
(1) have no immediate life-threatening injuries or illness,
(2) not be under the influence of drugs or alcohol, (3) have no
immediate or obvious need for transport to an emergency
department, and (4) have an immediate need for transport to an
EMS System-approved mental health facility, the EMS personnel
may contact Online Medical Control or his or her EMS Medical
Director or Emergency Communications Registered Nurse to
request bypass or diversion of the closest emergency
department, as outlined in paragraph (5) of subsection (c) of
Section 3.20, and request transport to the closest or
appropriate EMS System-approved mental health facility. In
addition, EMS personnel may transport a patient to an EMS
System-approved urgent care or immediate care facility that
meets the proper criteria and is approved by Online Medical
Control or his or her EMS Medical Director or Emergency
Communications Registered Nurse.
(Source: P.A. 92-376, eff. 8-15-01.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/27/2021