Bill Text: IL HB5793 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Provides that as soon as practicable after the effective date of the amendatory Act, the Department of Public Health shall adopt rules or amendments to its existing emergency medical responder licensing rules to authorize the electronic submission of licensure application documents to the Department for an EMR candidate who (i) is at least 18 years of age; (ii) has completed and passed all components of the education program required under the Act; (iii) has passed the National Registry Emergency Medical Technician EMR examination; and (iv) paid the appropriate initial licensure fee, unless the fee has not been waived under a specified administrative rule.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-03-27 - Referred to Rules Committee [HB5793 Detail]
Download: Illinois-2023-HB5793-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Emergency Medical Services (EMS) Systems | |||||||||||||||||||
5 | Act is amended by changing Section 3.50 as follows:
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6 | (210 ILCS 50/3.50) | |||||||||||||||||||
7 | Sec. 3.50. Emergency Medical Services personnel licensure | |||||||||||||||||||
8 | levels. | |||||||||||||||||||
9 | (a) "Emergency Medical Technician" or "EMT" means a person | |||||||||||||||||||
10 | who has successfully completed a course in basic life support | |||||||||||||||||||
11 | as approved by the Department, is currently licensed by the | |||||||||||||||||||
12 | Department in accordance with standards prescribed by this Act | |||||||||||||||||||
13 | and rules adopted by the Department pursuant to this Act, and | |||||||||||||||||||
14 | practices within an EMS System. A valid Emergency Medical | |||||||||||||||||||
15 | Technician-Basic (EMT-B) license issued under this Act shall | |||||||||||||||||||
16 | continue to be valid and shall be recognized as an Emergency | |||||||||||||||||||
17 | Medical Technician (EMT) license until the Emergency Medical | |||||||||||||||||||
18 | Technician-Basic (EMT-B) license expires. | |||||||||||||||||||
19 | (b) "Emergency Medical Technician-Intermediate" or "EMT-I" | |||||||||||||||||||
20 | means a person who has successfully completed a course in | |||||||||||||||||||
21 | intermediate life support as approved by the Department, is | |||||||||||||||||||
22 | currently licensed by the Department in accordance with | |||||||||||||||||||
23 | standards prescribed by this Act and rules adopted by the |
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1 | Department pursuant to this Act, and practices within an | ||||||
2 | Intermediate or Advanced Life Support EMS System. | ||||||
3 | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||||||
4 | means a person who has successfully completed a course in | ||||||
5 | basic and limited advanced emergency medical care as approved | ||||||
6 | by the Department, is currently licensed by the Department in | ||||||
7 | accordance with standards prescribed by this Act and rules | ||||||
8 | adopted by the Department pursuant to this Act, and practices | ||||||
9 | within an Intermediate or Advanced Life Support EMS System. | ||||||
10 | (c) "Paramedic (EMT-P)" means a person who has | ||||||
11 | successfully completed a course in advanced life support care | ||||||
12 | as approved by the Department, is licensed by the Department | ||||||
13 | in accordance with standards prescribed by this Act and rules | ||||||
14 | adopted by the Department pursuant to this Act, and practices | ||||||
15 | within an Advanced Life Support EMS System. A valid Emergency | ||||||
16 | Medical Technician-Paramedic (EMT-P) license issued under this | ||||||
17 | Act shall continue to be valid and shall be recognized as a | ||||||
18 | Paramedic license until the Emergency Medical | ||||||
19 | Technician-Paramedic (EMT-P) license expires. | ||||||
20 | (c-5) "Emergency Medical Responder" or "EMR (First | ||||||
21 | Responder)" means a person who has successfully completed a | ||||||
22 | course in emergency medical response as approved by the | ||||||
23 | Department and provides emergency medical response services in | ||||||
24 | accordance with the level of care established by the National | ||||||
25 | EMS Educational Standards Emergency Medical Responder course | ||||||
26 | as modified by the Department, or who provides services as |
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1 | part of an EMS System response plan, as approved by the | ||||||
2 | Department, of that EMS System. The Department shall have the | ||||||
3 | authority to adopt rules governing the curriculum, practice, | ||||||
4 | and necessary equipment applicable to Emergency Medical | ||||||
5 | Responders. | ||||||
6 | On August 15, 2014 (the effective date of Public Act | ||||||
7 | 98-973), a person who is licensed by the Department as a First | ||||||
8 | Responder and has completed a Department-approved course in | ||||||
9 | first responder defibrillator training based on, or equivalent | ||||||
10 | to, the National EMS Educational Standards or other standards | ||||||
11 | previously recognized by the Department shall be eligible for | ||||||
12 | licensure as an Emergency Medical Responder upon meeting the | ||||||
13 | licensure requirements and submitting an application to the | ||||||
14 | Department. A valid First Responder license issued under this | ||||||
15 | Act shall continue to be valid and shall be recognized as an | ||||||
16 | Emergency Medical Responder license until the First Responder | ||||||
17 | license expires. | ||||||
18 | (c-10) All EMS Systems and licensees shall be fully | ||||||
19 | compliant with the National EMS Education Standards, as | ||||||
20 | modified by the Department in administrative rules, within 24 | ||||||
21 | months after the adoption of the administrative rules. | ||||||
22 | (d) The Department shall have the authority and | ||||||
23 | responsibility to: | ||||||
24 | (1) Prescribe education and training requirements, | ||||||
25 | which includes training in the use of epinephrine, for all | ||||||
26 | levels of EMS personnel except for EMRs, based on the |
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1 | National EMS Educational Standards and any modifications | ||||||
2 | to those curricula specified by the Department through | ||||||
3 | rules adopted pursuant to this Act. | ||||||
4 | (2) Prescribe licensure testing requirements for all | ||||||
5 | levels of EMS personnel, which shall include a requirement | ||||||
6 | that all phases of instruction, training, and field | ||||||
7 | experience be completed before taking the appropriate | ||||||
8 | licensure examination. Candidates may elect to take the | ||||||
9 | appropriate National Registry examination in lieu of the | ||||||
10 | Department's examination, but are responsible for making | ||||||
11 | their own arrangements for taking the National Registry | ||||||
12 | examination. In prescribing licensure testing requirements | ||||||
13 | for honorably discharged members of the armed forces of | ||||||
14 | the United States under this paragraph (2), the Department | ||||||
15 | shall ensure that a candidate's military emergency medical | ||||||
16 | training, emergency medical curriculum completed, and | ||||||
17 | clinical experience, as described in paragraph (2.5), are | ||||||
18 | recognized. | ||||||
19 | (2.5) Review applications for EMS personnel licensure | ||||||
20 | from honorably discharged members of the armed forces of | ||||||
21 | the United States with military emergency medical | ||||||
22 | training. Applications shall be filed with the Department | ||||||
23 | within one year after military discharge and shall | ||||||
24 | contain: (i) proof of successful completion of military | ||||||
25 | emergency medical training; (ii) a detailed description of | ||||||
26 | the emergency medical curriculum completed; and (iii) a |
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1 | detailed description of the applicant's clinical | ||||||
2 | experience. The Department may request additional and | ||||||
3 | clarifying information. The Department shall evaluate the | ||||||
4 | application, including the applicant's training and | ||||||
5 | experience, consistent with the standards set forth under | ||||||
6 | subsections (a), (b), (c), and (d) of Section 3.10. If the | ||||||
7 | application clearly demonstrates that the training and | ||||||
8 | experience meet such standards, the Department shall offer | ||||||
9 | the applicant the opportunity to successfully complete a | ||||||
10 | Department-approved EMS personnel examination for the | ||||||
11 | level of license for which the applicant is qualified. | ||||||
12 | Upon passage of an examination, the Department shall issue | ||||||
13 | a license, which shall be subject to all provisions of | ||||||
14 | this Act that are otherwise applicable to the level of EMS | ||||||
15 | personnel license issued. | ||||||
16 | (3) License individuals as an EMR, EMT, EMT-I, A-EMT, | ||||||
17 | or Paramedic who have met the Department's education, | ||||||
18 | training and examination requirements. | ||||||
19 | As soon as practicable after the effective date of | ||||||
20 | this amendatory Act of the 103rd General Assembly, the | ||||||
21 | Department shall adopt rules or amendments to its existing | ||||||
22 | emergency medical responder licensing rules to authorize | ||||||
23 | the electronic submission of licensure application | ||||||
24 | documents to the Department for an EMR candidate who: | ||||||
25 | (i) is at least 18 years of age; | ||||||
26 | (ii) has completed and passed all components of |
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1 | the EMR education program required under this Act and | ||||||
2 | the Department's rules; | ||||||
3 | (iii) has passed the National Registry Emergency | ||||||
4 | Medical Technician EMR examination; and | ||||||
5 | (iv) has paid the appropriate initial licensure | ||||||
6 | fee, unless the fee has not been waived under 77 Ill. | ||||||
7 | Adm. Code 515.260(b). | ||||||
8 | (4) Prescribe annual continuing education and | ||||||
9 | relicensure requirements for all EMS personnel licensure | ||||||
10 | levels. | ||||||
11 | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||||||
12 | A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years, | ||||||
13 | based on their compliance with continuing education and | ||||||
14 | relicensure requirements as required by the Department | ||||||
15 | pursuant to this Act. Every 4 years, a Paramedic shall | ||||||
16 | have 100 hours of approved continuing education, an EMT-I | ||||||
17 | and an advanced EMT shall have 80 hours of approved | ||||||
18 | continuing education, and an EMT shall have 60 hours of | ||||||
19 | approved continuing education. An Illinois licensed EMR, | ||||||
20 | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or | ||||||
21 | PHRN whose license has been expired for less than 36 | ||||||
22 | months may apply for reinstatement by the Department. | ||||||
23 | Reinstatement shall require that the applicant (i) submit | ||||||
24 | satisfactory proof of completion of continuing medical | ||||||
25 | education and clinical requirements to be prescribed by | ||||||
26 | the Department in an administrative rule; (ii) submit a |
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1 | positive recommendation from an Illinois EMS Medical | ||||||
2 | Director attesting to the applicant's qualifications for | ||||||
3 | retesting; and (iii) pass a Department approved test for | ||||||
4 | the level of EMS personnel license sought to be | ||||||
5 | reinstated. | ||||||
6 | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||||||
7 | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who | ||||||
8 | qualifies, based on standards and procedures established | ||||||
9 | by the Department in rules adopted pursuant to this Act. | ||||||
10 | (7) Charge a fee for EMS personnel examination, | ||||||
11 | licensure, and license renewal. | ||||||
12 | (8) Suspend, revoke, or refuse to issue or renew the | ||||||
13 | license of any licensee, after an opportunity for an | ||||||
14 | impartial hearing before a neutral administrative law | ||||||
15 | judge appointed by the Director, where the preponderance | ||||||
16 | of the evidence shows one or more of the following: | ||||||
17 | (A) The licensee has not met continuing education | ||||||
18 | or relicensure requirements as prescribed by the | ||||||
19 | Department; | ||||||
20 | (B) The licensee has failed to maintain | ||||||
21 | proficiency in the level of skills for which he or she | ||||||
22 | is licensed; | ||||||
23 | (C) The licensee, during the provision of medical | ||||||
24 | services, engaged in dishonorable, unethical, or | ||||||
25 | unprofessional conduct of a character likely to | ||||||
26 | deceive, defraud, or harm the public; |
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1 | (D) The licensee has failed to maintain or has | ||||||
2 | violated standards of performance and conduct as | ||||||
3 | prescribed by the Department in rules adopted pursuant | ||||||
4 | to this Act or his or her EMS System's Program Plan; | ||||||
5 | (E) The licensee is physically impaired to the | ||||||
6 | extent that he or she cannot physically perform the | ||||||
7 | skills and functions for which he or she is licensed, | ||||||
8 | as verified by a physician, unless the person is on | ||||||
9 | inactive status pursuant to Department regulations; | ||||||
10 | (F) The licensee is mentally impaired to the | ||||||
11 | extent that he or she cannot exercise the appropriate | ||||||
12 | judgment, skill and safety for performing the | ||||||
13 | functions for which he or she is licensed, as verified | ||||||
14 | by a physician, unless the person is on inactive | ||||||
15 | status pursuant to Department regulations; | ||||||
16 | (G) The licensee has violated this Act or any rule | ||||||
17 | adopted by the Department pursuant to this Act; or | ||||||
18 | (H) The licensee has been convicted (or entered a | ||||||
19 | plea of guilty or nolo contendere) by a court of | ||||||
20 | competent jurisdiction of a Class X, Class 1, or Class | ||||||
21 | 2 felony in this State or an out-of-state equivalent | ||||||
22 | offense. | ||||||
23 | (9) Prescribe education and training requirements in | ||||||
24 | the administration and use of opioid antagonists for all | ||||||
25 | levels of EMS personnel based on the National EMS | ||||||
26 | Educational Standards and any modifications to those |
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1 | curricula specified by the Department through rules | ||||||
2 | adopted pursuant to this Act. | ||||||
3 | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | ||||||
4 | PHAPRN, PHPA, or PHRN who is a member of the Illinois National | ||||||
5 | Guard or an Illinois State Trooper or who exclusively serves | ||||||
6 | as a volunteer for units of local government with a population | ||||||
7 | base of less than 5,000 or as a volunteer for a not-for-profit | ||||||
8 | organization that serves a service area with a population base | ||||||
9 | of less than 5,000 may submit an application to the Department | ||||||
10 | for a waiver of the fees described under paragraph (7) of | ||||||
11 | subsection (d) of this Section on a form prescribed by the | ||||||
12 | Department. | ||||||
13 | The education requirements prescribed by the Department | ||||||
14 | under this Section must allow for the suspension of those | ||||||
15 | requirements in the case of a member of the armed services or | ||||||
16 | reserve forces of the United States or a member of the Illinois | ||||||
17 | National Guard who is on active duty pursuant to an executive | ||||||
18 | order of the President of the United States, an act of the | ||||||
19 | Congress of the United States, or an order of the Governor at | ||||||
20 | the time that the member would otherwise be required to | ||||||
21 | fulfill a particular education requirement. Such a person must | ||||||
22 | fulfill the education requirement within 6 months after his or | ||||||
23 | her release from active duty. | ||||||
24 | (e) In the event that any rule of the Department or an EMS | ||||||
25 | Medical Director that requires testing for drug use as a | ||||||
26 | condition of the applicable EMS personnel license conflicts |
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