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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5848 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
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Creates the Medical Direction By Law Enforcement Act. Provides that a law enforcement officer shall not direct or suggest to a medical professional how to medically treat an individual that is in the care of the medical professional. Provides that the Section shall apply even if the medical professional was requested by a law enforcement officer to assist the individual. Provides that nothing in the Section shall be interpreted to mean that a law enforcement officer should not provide the medical professional with all information in his or her knowledge or possession that may be of assistance to the medical professional in treating the individual. Provides that a violation is a Class 4 felony. Defines "law enforcement officer" and "medical professional". Amends the Emergency Medical Services (EMS) Systems Act. Requires an applicant seeking an EMT, EMT-I, A-EMT, or Paramedic license to submit a signed EMT Oath before licensing. Contains a preamble. Effective immediately.
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1 | | AN ACT concerning local government.
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2 | | WHEREAS, There have been increased reports of law |
3 | | enforcement officers directing medical personnel how to treat |
4 | | individuals in custody of the law enforcement officers, such as |
5 | | the use of ketamine to subdue individuals; and
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6 | | WHEREAS, Individuals have been hurt and killed as a result |
7 | | of law enforcement officers directing medical personnel to |
8 | | treat individuals in certain ways; and
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9 | | WHEREAS, Most law enforcement officers have limited |
10 | | medical knowledge and are not trained, certified, or licensed |
11 | | in any area of medicine; and
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12 | | WHEREAS, Practice of medicine in Illinois without a license |
13 | | is unlawful and law enforcement officers are essentially |
14 | | practicing medicine without a license when directing medical |
15 | | personnel how to treat individuals; therefore
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16 | | Be it enacted by the People of the State of Illinois,
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17 | | represented in the General Assembly:
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18 | | Section 1. Short title. This Act may be cited as the |
19 | | Medical Direction By Law Enforcement Act.
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1 | | Section 5. Definitions. As used in this Act: |
2 | | "Law enforcement officer" has the meaning given to that |
3 | | term in Section 10-10 of the Law Enforcement Officer-Worn Body |
4 | | Camera Act. |
5 | | "Medical professional" has meaning given to that term in |
6 | | Section 1003 of the Illinois Insurance Code.
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7 | | Section 10. Interaction with medical professionals. |
8 | | (a) A law enforcement officer shall not direct or suggest |
9 | | to a medical professional how to medically treat an individual |
10 | | that is in the care of the medical professional. This Section |
11 | | shall apply even if the medical professional was requested by a |
12 | | law enforcement officer to assist the individual. |
13 | | (b) A law enforcement officer who violates subsection |
14 | | (a)commits a Class 4 felony. |
15 | | (c) Nothing in this Section shall be interpreted to mean |
16 | | that a law enforcement officer should not provide the medical |
17 | | professional with all information in his or her knowledge or |
18 | | possession that may be of assistance to the medical |
19 | | professional in treating the individual.
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20 | | Section 100. The Emergency Medical Services (EMS) Systems |
21 | | Act is amended by changing Section 3.50 as follows:
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22 | | (210 ILCS 50/3.50)
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23 | | Sec. 3.50. Emergency Medical Services personnel licensure |
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1 | | levels.
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2 | | (a) "Emergency Medical Technician" or
"EMT" means a person |
3 | | who has successfully completed a course in basic life support
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4 | | as approved by the
Department, is currently licensed by the |
5 | | Department in
accordance with standards prescribed by this Act |
6 | | and rules
adopted by the Department pursuant to this Act, and |
7 | | practices within an EMS
System. A valid Emergency Medical |
8 | | Technician-Basic (EMT-B) license issued under this Act shall |
9 | | continue to be valid and shall be recognized as an Emergency |
10 | | Medical Technician (EMT) license until the Emergency Medical |
11 | | Technician-Basic (EMT-B) license expires.
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12 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" |
13 | | means a person who has successfully completed a
course in |
14 | | intermediate life support
as approved
by the Department, is |
15 | | currently licensed by the
Department in accordance with |
16 | | standards prescribed by this
Act and rules adopted by the |
17 | | Department pursuant to this
Act, and practices within an |
18 | | Intermediate or Advanced
Life Support EMS System.
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19 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" |
20 | | means a person who has successfully completed a course in basic |
21 | | and limited advanced emergency medical care as approved by the |
22 | | Department, is currently licensed by the Department in |
23 | | accordance with standards prescribed by this Act and rules |
24 | | adopted by the Department pursuant to this Act, and practices |
25 | | within an Intermediate or Advanced Life Support EMS System. |
26 | | (c) "Paramedic (EMT-P)" means a person who
has successfully |
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1 | | completed a
course in advanced life support care
as approved
by |
2 | | the Department, is licensed by the Department
in accordance |
3 | | with standards prescribed by this Act and
rules adopted by the |
4 | | Department pursuant to this Act, and
practices within an |
5 | | Advanced Life Support EMS System. A valid Emergency Medical |
6 | | Technician-Paramedic (EMT-P) license issued under this Act |
7 | | shall continue to be valid and shall be recognized as a |
8 | | Paramedic license until the Emergency Medical |
9 | | Technician-Paramedic (EMT-P) license expires.
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10 | | (c-5) "Emergency Medical Responder" or "EMR (First |
11 | | Responder)" means a person who has successfully completed a |
12 | | course in emergency medical response as approved by the |
13 | | Department and provides emergency medical response services |
14 | | prior to the arrival of an ambulance or specialized emergency |
15 | | medical services vehicle, in accordance with the level of care |
16 | | established by the National EMS Educational Standards |
17 | | Emergency Medical Responder course as modified by the |
18 | | Department. An Emergency Medical Responder who provides |
19 | | services as part of an EMS System response plan shall comply |
20 | | with the applicable sections of the Program Plan, as approved |
21 | | by the Department, of that EMS System. The Department shall |
22 | | have the authority to adopt rules governing the curriculum, |
23 | | practice, and necessary equipment applicable to Emergency |
24 | | Medical Responders. |
25 | | On August 15, 2014 (the effective date of Public Act |
26 | | 98-973), a person who is licensed by the Department as a First |
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1 | | Responder and has completed a Department-approved course in |
2 | | first responder defibrillator training based on, or equivalent |
3 | | to, the National EMS Educational Standards or other standards |
4 | | previously recognized by the Department shall be eligible for |
5 | | licensure as an Emergency Medical Responder upon meeting the |
6 | | licensure requirements and submitting an application to the |
7 | | Department. A valid First Responder license issued under this |
8 | | Act shall continue to be valid and shall be recognized as an |
9 | | Emergency Medical Responder license until the First Responder |
10 | | license expires. |
11 | | (c-10) All EMS Systems and licensees shall be fully |
12 | | compliant with the National EMS Education Standards, as |
13 | | modified by the Department in administrative rules, within 24 |
14 | | months after the adoption of the administrative rules. |
15 | | (d) The Department shall have the authority and
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16 | | responsibility to:
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17 | | (1) Prescribe education and training requirements, |
18 | | which
includes training in the use of epinephrine,
for all |
19 | | levels of EMS personnel except for EMRs, based on the |
20 | | National EMS Educational Standards
and any modifications |
21 | | to those curricula specified by the
Department through |
22 | | rules adopted pursuant to this Act.
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23 | | (2) Prescribe licensure testing requirements
for all |
24 | | levels of EMS personnel, which shall include a requirement |
25 | | that
all phases of instruction, training, and field |
26 | | experience be
completed before taking the appropriate |
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1 | | licensure examination.
Candidates may elect to take the |
2 | | appropriate National Registry examination in lieu of the
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3 | | Department's examination, but are responsible for making
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4 | | their own arrangements for taking the National Registry
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5 | | examination. In prescribing licensure testing requirements |
6 | | for honorably discharged members of the armed forces of the |
7 | | United States under this paragraph (2), the Department |
8 | | shall ensure that a candidate's military emergency medical |
9 | | training, emergency medical curriculum completed, and |
10 | | clinical experience, as described in paragraph (2.5), are |
11 | | recognized.
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12 | | (2.5) Review applications for EMS personnel licensure |
13 | | from
honorably discharged members of the armed forces of |
14 | | the United States with military emergency medical |
15 | | training. Applications shall be filed with the Department |
16 | | within one year after military discharge and shall contain: |
17 | | (i) proof of successful completion of military emergency |
18 | | medical training; (ii) a detailed description of the |
19 | | emergency medical curriculum completed; and (iii) a |
20 | | detailed description of the applicant's clinical |
21 | | experience. The Department may request additional and |
22 | | clarifying information. The Department shall evaluate the |
23 | | application, including the applicant's training and |
24 | | experience, consistent with the standards set forth under |
25 | | subsections (a), (b), (c), and (d) of Section 3.10. If the |
26 | | application clearly demonstrates that the training and |
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1 | | experience meet such standards, the Department shall offer |
2 | | the applicant the opportunity to successfully complete a |
3 | | Department-approved EMS personnel examination for the |
4 | | level of license for which the applicant is qualified. Upon |
5 | | passage of an examination, the Department shall issue a |
6 | | license, which shall be subject to all provisions of this |
7 | | Act that are otherwise applicable to the level of EMS |
8 | | personnel
license issued. |
9 | | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
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10 | | or Paramedic who have met the Department's education, |
11 | | training and
examination requirements.
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12 | | (4) Prescribe annual continuing education and
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13 | | relicensure requirements for all EMS personnel licensure
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14 | | levels.
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15 | | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, |
16 | | A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, |
17 | | based on their compliance with
continuing education and |
18 | | relicensure requirements as required by the Department |
19 | | pursuant to this Act. Every 4 years, a Paramedic shall have |
20 | | 100 hours of approved continuing education, an EMT-I and an |
21 | | advanced EMT shall have 80 hours of approved continuing |
22 | | education, and an EMT shall have 60 hours of approved |
23 | | continuing education. An Illinois licensed EMR, EMD, EMT, |
24 | | EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose |
25 | | license has been expired for less than 36 months may apply |
26 | | for reinstatement by the Department. Reinstatement shall |
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1 | | require that the applicant (i) submit satisfactory proof of |
2 | | completion of continuing medical education and clinical |
3 | | requirements to be prescribed by the Department in an |
4 | | administrative rule; (ii) submit a positive recommendation |
5 | | from an Illinois EMS Medical Director attesting to the |
6 | | applicant's qualifications for retesting; and (iii) pass a |
7 | | Department approved test for the level of EMS personnel |
8 | | license sought to be reinstated.
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9 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, |
10 | | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
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11 | | qualifies, based on standards and procedures established |
12 | | by
the Department in rules adopted pursuant to this Act.
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13 | | (7) Charge a fee for EMS personnel examination, |
14 | | licensure, and license renewal.
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15 | | (8) Suspend, revoke, or refuse to issue or renew the
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16 | | license of any licensee, after an opportunity for an |
17 | | impartial hearing before a neutral administrative law |
18 | | judge appointed by the Director, where the preponderance of |
19 | | the evidence shows one or more of the following:
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20 | | (A) The licensee has not met continuing
education |
21 | | or relicensure requirements as prescribed by the |
22 | | Department;
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23 | | (B) The licensee has failed to maintain
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24 | | proficiency in the level of skills for which he or she |
25 | | is licensed;
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26 | | (C) The licensee, during the provision of
medical |
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1 | | services, engaged in dishonorable, unethical, or
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2 | | unprofessional conduct of a character likely to |
3 | | deceive,
defraud, or harm the public;
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4 | | (D) The licensee has failed to maintain or
has |
5 | | violated standards of performance and conduct as |
6 | | prescribed
by the Department in rules adopted pursuant |
7 | | to this Act or
his or her EMS System's Program Plan;
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8 | | (E) The licensee is physically impaired to
the |
9 | | extent that he or she cannot physically perform the |
10 | | skills and
functions for which he or she is licensed, |
11 | | as verified by a
physician, unless the person is on |
12 | | inactive status pursuant
to Department regulations;
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13 | | (F) The licensee is mentally impaired to the
extent |
14 | | that he or she cannot exercise the appropriate |
15 | | judgment,
skill and safety for performing the |
16 | | functions for which he
or she is licensed, as verified |
17 | | by a physician, unless the person
is on inactive status |
18 | | pursuant to Department regulations;
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19 | | (G) The licensee has violated this Act or any
rule |
20 | | adopted by the Department pursuant to this Act; or |
21 | | (H) The licensee has been convicted (or entered a |
22 | | plea of guilty or nolo contendere nolo-contendere ) by a |
23 | | court of competent jurisdiction of a Class X, Class 1, |
24 | | or Class 2 felony in this State or an out-of-state |
25 | | equivalent offense. |
26 | | (9) Prescribe education and training requirements in |
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1 | | the administration and use of opioid antagonists for all |
2 | | levels of EMS personnel based on the National EMS |
3 | | Educational Standards and any modifications to those |
4 | | curricula specified by the Department through rules |
5 | | adopted pursuant to this Act. |
6 | | (10) Require an applicant for an EMT, EMT-I, A-EMT,
or |
7 | | Paramedic license to submit to the Department a signed EMT |
8 | | Oath in a form and manner prescribed by the Department. |
9 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, |
10 | | PHAPRN, PHPA, or PHRN who is a member of the Illinois National |
11 | | Guard or an Illinois State Trooper or who exclusively serves as |
12 | | a volunteer for units of local government with a population |
13 | | base of less than 5,000 or as a volunteer
for a not-for-profit |
14 | | organization that serves a service area
with a population base |
15 | | of less than 5,000 may submit an application to the Department |
16 | | for a waiver of the fees described under paragraph (7) of |
17 | | subsection (d) of this Section on a form prescribed by the |
18 | | Department. |
19 | | The education requirements prescribed by the Department |
20 | | under this Section must allow for the suspension of those |
21 | | requirements in the case of a member of the armed services or |
22 | | reserve forces of the United States or a member of the Illinois |
23 | | National Guard who is on active duty pursuant to an executive |
24 | | order of the President of the United States, an act of the |
25 | | Congress of the United States, or an order of the Governor at |
26 | | the time that the member would otherwise be required to fulfill |
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1 | | a particular education requirement. Such a person must fulfill |
2 | | the education requirement within 6 months after his or her |
3 | | release from active duty.
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4 | | (e) In the event that any rule of the
Department or an EMS |
5 | | Medical Director that requires testing for drug
use as a |
6 | | condition of the applicable EMS personnel license conflicts |
7 | | with or
duplicates a provision of a collective bargaining |
8 | | agreement
that requires testing for drug use, that rule shall |
9 | | not
apply to any person covered by the collective bargaining
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10 | | agreement.
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11 | | (f) At the time of applying for or renewing his or her |
12 | | license, an applicant for a license or license renewal may |
13 | | submit an email address to the Department. The Department shall |
14 | | keep the email address on file as a form of contact for the |
15 | | individual. The Department shall send license renewal notices |
16 | | electronically and by mail to a licensee all licensees who |
17 | | provides provide the Department with his or her email address. |
18 | | The notices shall be sent at least 60 days prior to the |
19 | | expiration date of the license. |
20 | | (Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19; |
21 | | 101-153, eff. 1-1-20; revised 12-3-19.)
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22 | | Section 999. Effective date. This Act takes effect upon |
23 | | becoming law.
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