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| Public Act 098-0452
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| HB2777 Enrolled | LRB098 09576 DRJ 39722 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 Emergency Medical Services (EMS) Systems Act |
is amended by changing Section 3.85 as follows:
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(210 ILCS 50/3.85)
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Sec. 3.85. Vehicle Service Providers.
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(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).
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(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
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transportation of persons who are sick, injured, wounded or
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otherwise incapacitated or helpless, or the non-emergency
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medical transportation of persons who require the presence
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of medical personnel to monitor the individual's condition
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or medical apparatus being used on such individuals.
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(2) "Specialized Emergency Medical Services
Vehicle" |
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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
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injured by means of air, water, or ground transportation,
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that is not an ambulance as defined in this Act. The term
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includes watercraft, aircraft and special purpose ground
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transport vehicles or conveyances not intended for use on
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public roads.
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(3) An ambulance or SEMSV may also be
designated as a |
Limited Operation Vehicle or Special-Use Vehicle:
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(A) "Limited Operation Vehicle" means a
vehicle |
which is licensed by the Department to provide
basic, |
intermediate or advanced life support emergency or
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non-emergency medical services that are exclusively |
limited
to specific events or locales.
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(B) "Special-Use Vehicle" means any
publicly or |
privately owned vehicle that is specifically designed,
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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).
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(C) "Reserve Ambulance" means a vehicle that meets |
all criteria set forth in this Section and all |
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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
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responsibility to:
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(1) Require all Vehicle Service Providers, both
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publicly and privately owned, to function within an EMS
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System.
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(2) Require a Vehicle Service Provider
utilizing |
ambulances to have a primary affiliation with an EMS System
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within the EMS Region in which its Primary Service Area is
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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.
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(3) Establish licensing standards and
requirements for |
Vehicle Service Providers, through rules
adopted pursuant |
to this Act, including but not limited to:
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(A) Vehicle design, specification,
operation and |
maintenance standards, including standards for the use |
of reserve ambulances;
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(B) Equipment requirements;
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(C) Staffing requirements; and
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(D) License renewal at intervals determined by the |
Department, which shall be not less than every 4 years |
Annual license renewal. |
The Department's standards and requirements with |
respect to vehicle staffing must allow for an alternative |
rural staffing model for those vehicle service providers |
that serve a rural or semi-rural population of 10,000 or |
fewer inhabitants and exclusively uses volunteers, |
paid-on-call, or a combination thereof.
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(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
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operation vehicle, special use vehicle, reserve |
ambulance).
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(5) Annually inspect all licensed vehicles operated by |
Vehicle
Service Providers, and relicense such Providers |
that have met the
Department's requirements for license |
renewal.
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(6) Suspend, revoke, refuse to issue or refuse to
renew |
the license of any Vehicle Service Provider, or that
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portion of a license pertaining to a specific vehicle
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operated by the Provider, after an opportunity for a
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hearing, when findings show that the Provider or one or |
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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.
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(7) Issue an Emergency Suspension Order for
any |
Provider or vehicle licensed under this Act, when the
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Director or his designee has determined that an immediate
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and serious danger to the public health, safety and welfare
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exists. Suspension or revocation proceedings which offer |
an
opportunity for hearing shall be promptly initiated |
after
the Emergency Suspension Order has been issued.
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(8) Exempt any licensed vehicle from
subsequent |
vehicle design standards or specifications required by the
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Department, as long as said vehicle is continuously in
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compliance with the vehicle design standards and
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specifications originally applicable to that vehicle, or
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until said vehicle's title of ownership is transferred.
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(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.
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(10) Prohibit any Vehicle Service Provider
from |
advertising, identifying its vehicles, or disseminating
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information in a false or misleading manner concerning the
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Provider's type and level of vehicles, location, primary
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service area, response times, level of personnel, |
licensure
status or System participation.
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(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.
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(11) Charge each Vehicle Service Provider a
fee per |
transport vehicle, due annually at time of inspection to be |
submitted with each application for licensure and
license |
renewal. The fee per transport vehicle shall be set by |
administrative rule by the Department and shall not exceed |
100 vehicles per provider.
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(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11; |
97-1014, eff. 1-1-13.)
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