Illinois-2023-HB5793-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5793

Introduced , by Rep. Norine K. Hammond

SYNOPSIS AS INTRODUCED:

210 ILCS 50/3.50

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.

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A BILL FOR

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1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Emergency Medical Services (EMS) Systems

5 Act is amended by changing Section 3.50 as follows:

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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