Bill Text: IL HB3994 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Provides for licensure of stretcher van providers by the Department of Public Health. Provides that a stretcher van provider may provide transport of a passenger on a stretcher, provided the passenger needs no medical equipment, medical monitoring, or medical observation. Provides that a stretcher van provider may not provide transport of a passenger if the passenger is acutely ill, wounded, or medically unstable or meets certain other conditions. Sets forth the Department's responsibilities in connection with licensure of stretcher van providers. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0702 [HB3994 Detail]

Download: Illinois-2009-HB3994-Enrolled.html

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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 2. The State Finance Act is amended by adding
Section 5.723 as follows:
(30 ILCS 105/5.723 new)
Sec. 5.723. The Stretcher Van Licensure Fund.
Section 5. The Emergency Medical Services (EMS) Systems Act
is amended by adding Section 3.86 and changing Section 3.220 as
follows:
(210 ILCS 50/3.86 new)
Sec. 3.86. Stretcher van providers.
(a) In this Section, "stretcher van provider" means an
entity licensed by the Department to provide non-emergency
transportation of passengers on a stretcher in compliance with
this Act or the rules adopted by the Department pursuant to
this Act, utilizing stretcher vans.
(b) The Department has the authority and responsibility to
do the following:
(1) Require all stretcher van providers, both publicly
and privately owned, to be licensed by the Department.

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(2) Establish licensing and safety standards and
requirements for stretcher van providers, through rules
adopted pursuant to this Act, including but not limited to:
(A) Vehicle design, specification, operation, and
maintenance standards.
(B) Safety equipment requirements and standards.
(C) Staffing requirements.
(D) Annual license renewal.
(3) License all stretcher van providers that have met
the Department's requirements for licensure.
(4) Annually inspect all licensed stretcher van
providers, and relicense providers that have met the
Department's requirements for license renewal.
(5) Suspend, revoke, refuse to issue, or refuse to
renew the license of any stretcher van provider, or that
portion of a license pertaining to a specific vehicle
operated by a 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 the rules adopted by the
Department pursuant to this Act.
(6) Issue an emergency suspension order for any
provider or vehicle licensed under this Act when the
Director or his or her designee has determined that an
immediate or serious danger to the public health, safety,
and welfare exists. Suspension or revocation proceedings

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that offer an opportunity for a hearing shall be promptly
initiated after the emergency suspension order has been
issued.
(7) Prohibit any stretcher van 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, response
times, level of personnel, licensure status, or EMS System
participation.
(8) Charge each stretcher van provider a fee, to be
submitted with each application for licensure and license
renewal, which shall not exceed $25 per vehicle, up to $500
per provider.
(c) A stretcher van provider may provide transport of a
passenger on a stretcher, provided the passenger meets all of
the following requirements:
(1) He or she needs no medical equipment, except
self-administered medications.
(2) He or she needs no medical monitoring or medical
observation.
(3) He or she needs routine transportation to or from a
medical appointment or service if the passenger is
convalescent or otherwise bed-confined and does not
require medical monitoring, aid, care, or treatment during
transport.
(d) A stretcher van provider may not transport a passenger

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who meets any of the following conditions:
(1) He or she is currently admitted to a hospital or is
being transported to a hospital for admission or emergency
treatment.
(2) He or she is acutely ill, wounded, or medically
unstable as determined by a licensed physician.
(3) He or she is experiencing an emergency medical
condition, an acute medical condition, an exacerbation of a
chronic medical condition, or a sudden illness or injury.
(4) He or she was administered a medication that might
prevent the passenger from caring for himself or herself.
(5) He or she was moved from one environment where
24-hour medical monitoring or medical observation will
take place by certified or licensed nursing personnel to
another such environment. Such environments shall include,
but not be limited to, hospitals licensed under the
Hospital Licensing Act or operated under the University of
Illinois Hospital Act, and nursing facilities licensed
under the Nursing Home Care Act.
(e) The Stretcher Van Licensure Fund is created as a
special fund within the State treasury. All fees received by
the Department in connection with the licensure of stretcher
van providers under this Section shall be deposited into the
fund. Moneys in the fund shall be subject to appropriation to
the Department for use in implementing this Section.

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(210 ILCS 50/3.220)
Sec. 3.220. EMS Assistance Fund.
(a) There is hereby created an "EMS Assistance Fund" within
the State treasury, for the purpose of receiving fines and fees
collected by the Illinois Department of Health pursuant to this
Act.
(b) EMT licensure examination fees collected shall be
distributed by the Department to the Resource Hospital of the
EMS System in which the EMT candidate was educated, to be used
for educational and related expenses incurred by the System's
hospitals, as identified in the EMS System Program Plan.
(c) All other moneys within this fund shall be distributed
by the Department to the EMS Regions for disbursement in
accordance with protocols established in the EMS Region Plans,
for the purposes of organization, development and improvement
of Emergency Medical Services Systems, including but not
limited to training of personnel and acquisition, modification
and maintenance of necessary supplies, equipment and vehicles.
(d) All fees and fines collected pursuant to this to this
Act shall be deposited into the EMS Assistance Fund, except
that all fees collected under Section 3.86 in connection with
the licensure of stretcher van providers shall be deposited
into the Stretcher Van Licensure Fund.
(Source: P.A. 92-651, eff. 7-11-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.