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| Public Act 100-1082
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| SB3255 Enrolled | LRB100 20052 MJP 35334 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 Sections 3.5, 3.35, 3.40, 3.45, 3.50, |
3.55, 3.65, 3.80, 3.87, and 3.165 as follows:
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(210 ILCS 50/3.5)
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Sec. 3.5. Definitions. As used in this Act:
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"Clinical observation" means the on-going observation of a |
patient's condition by a licensed health care professional |
utilizing a medical skill set while continuing assessment and |
care. |
"Department" means the Illinois Department of Public |
Health.
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"Director" means the Director of the Illinois Department of |
Public Health.
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"Emergency" means a medical condition of recent onset and |
severity that
would lead a prudent layperson, possessing an |
average knowledge of medicine and
health, to believe that |
urgent or unscheduled medical care is required.
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"Emergency Medical Services personnel" or "EMS personnel" |
means persons licensed as an Emergency Medical Responder (EMR) |
(First Responder), Emergency Medical Dispatcher (EMD), |
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Emergency Medical Technician (EMT), Emergency Medical |
Technician-Intermediate (EMT-I), Advanced Emergency Medical |
Technician (A-EMT), Paramedic (EMT-P), Emergency |
Communications Registered Nurse (ECRN), or Pre-Hospital |
Registered Nurse (PHRN), Pre-Hospital Advanced Practice |
Registered Nurse (PHAPRN), or Pre-Hospital Physician Assistant |
(PHPA). |
"Health care facility" means a hospital,
nursing home, |
physician's office or other fixed location at which
medical and |
health care services are performed. It does not
include |
"pre-hospital emergency care settings" which utilize EMS |
personnel to render
pre-hospital emergency care prior to the
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arrival of a transport vehicle, as defined in this Act.
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"Hospital" has the meaning ascribed to that
term in the |
Hospital Licensing Act.
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"Medical monitoring" means the performance of medical |
tests and physical exams to evaluate an individual's on-going |
exposure to a factor that could negatively impact that person's |
health. "Medical monitoring" includes close surveillance or |
supervision of patients liable to suffer deterioration in |
physical or mental health and checks of various parameters such |
as pulse rate, temperature, respiration rate, the condition of |
the pupils, the level of consciousness and awareness, the |
degree of appreciation of pain, and blood gas concentrations |
such as oxygen and carbon dioxide. |
"Trauma" means any significant injury which
involves |
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single or multiple organ systems.
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(Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17.)
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(210 ILCS 50/3.35)
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Sec. 3.35. Emergency Medical Services (EMS) Resource
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Hospital; Functions.
The Resource Hospital of an EMS System |
shall:
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(a) Prepare a Program Plan in accordance with the
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provisions of this Act and minimum standards and criteria
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established in rules adopted by the Department pursuant to
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this Act, and submit such Program Plan to the Department |
for
approval.
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(b) Appoint an EMS Medical Director, who will
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continually monitor and supervise the System and who will
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have the responsibility and authority for total management
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of the System as delegated by the EMS Resource Hospital.
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The Program Plan shall require the EMS Medical Director |
to
appoint an alternate EMS Medical Director and establish |
a
written protocol addressing the functions to be carried |
out
in his or her absence.
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(c) Appoint an EMS System Coordinator and EMS
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Administrative Director in consultation with the EMS |
Medical
Director and in accordance with rules adopted by |
the Department
pursuant to this Act.
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(d) Identify potential EMS System participants and
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obtain commitments from them for the provision of services.
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(e) Educate or coordinate the education of EMS |
personnel and all other license holders in accordance with |
the requirements of this Act,
rules adopted by the |
Department pursuant to this Act, and
the EMS System Program |
Plan.
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(f) Notify the Department of EMS personnel
who have |
successfully completed the requirements as provided by law |
for initial licensure, license renewal, and license |
reinstatement
by the Department.
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(g) Educate or coordinate the education of Emergency
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Medical Dispatcher candidates, in accordance with the
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requirements of this Act, rules adopted by the Department
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pursuant to this Act, and the EMS System Program Plan.
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(h) Establish or approve protocols for prearrival
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medical instructions to callers by System Emergency |
Medical
Dispatchers who provide such instructions.
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(i) Educate or coordinate the education of
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Pre-Hospital Registered Nurse, Pre-Hospital Advanced |
Practice Registered Nurse, Pre-Hospital Physician |
Assistant, and ECRN candidates, in accordance with the |
requirements of
this Act, rules adopted by the Department
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pursuant to this Act, and the EMS System Program Plan.
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(j) Approve Pre-Hospital Registered Nurse, |
Pre-Hospital Advanced Practice Registered Nurse, |
Pre-Hospital Physician Assistant, and ECRN candidates to
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practice within the System, and reapprove Pre-Hospital |
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Registered Nurses, Pre-Hospital Advanced Practice |
Registered Nurses, Pre-Hospital Physician Assistants,
and |
ECRNs every 4 years in accordance with the
requirements of |
the Department and the System Program Plan.
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(k) Establish protocols for the use of Pre-Hospital |
Registered Nurses, Pre-Hospital Advanced Practice |
Registered Nurses, and Pre-Hospital Physician Assistants
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within the System.
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(l) Establish protocols for utilizing ECRNs and
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physicians licensed to practice medicine in all of its
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branches to monitor telecommunications from, and give |
voice
orders to, EMS personnel, under the authority of the |
EMS
Medical Director.
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(m) Monitor emergency and non-emergency medical
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transports within the System, in accordance with rules
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adopted by the Department pursuant to this Act.
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(n) Utilize levels of personnel required by the
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Department to provide emergency care to the sick and |
injured
at the scene of an emergency, during transport to a |
hospital
or during inter-hospital transport and within the |
hospital
emergency department until the responsibility for |
the care
of the patient is assumed by the medical personnel |
of a
hospital emergency department or other facility within |
the
hospital to which the patient is first delivered by |
System
personnel.
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(o) Utilize levels of personnel required by the
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Department to provide non-emergency medical services |
during
transport to a health care facility and within the |
health
care facility until the responsibility for the care |
of the
patient is assumed by the medical personnel of the |
health
care facility to which the patient is delivered by |
System
personnel.
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(p) Establish and implement a program for System
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participant information and education, in accordance with
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rules adopted by the Department pursuant to this Act.
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(q) Establish and implement a program for public
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information and education, in accordance with rules |
adopted
by the Department pursuant to this Act.
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(r) Operate in compliance with the EMS Region Plan.
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(Source: P.A. 98-973, eff. 8-15-14.)
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(210 ILCS 50/3.40)
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Sec. 3.40. EMS System Participation Suspensions and
Due |
Process. |
(a) An EMS Medical Director may suspend from
participation |
within the System any EMS personnel, EMS Lead Instructor (LI), |
individual, individual
provider or other participant |
considered not to be meeting
the requirements of the Program |
Plan of that approved EMS
System.
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(b) Prior to suspending any individual or entity, an EMS |
Medical Director
shall provide an opportunity for a hearing |
before the
local System review board in accordance with |
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subsection (f) and the rules
promulgated by the Department.
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(1) If the local System review board affirms or |
modifies the EMS Medical
Director's suspension order, the |
individual or entity shall have the opportunity for
a |
review of the local board's decision by the State EMS |
Disciplinary Review
Board, pursuant to Section 3.45 of this |
Act.
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(2) If the local System review board reverses or |
modifies the EMS Medical
Director's order, the EMS Medical |
Director shall have the
opportunity for a review of the |
local board's decision by the State EMS
Disciplinary Review |
Board, pursuant to Section 3.45 of this Act.
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(3) The suspension shall commence only upon the |
occurrence of one of the
following:
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(A) the individual or entity has waived the |
opportunity for a hearing before
the local System |
review board; or
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(B) the order has been affirmed or modified by the |
local system review
board
and the individual or entity |
has waived the opportunity for review by the State
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Board; or
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(C) the order has been affirmed or modified by the |
local system review
board,
and the local board's |
decision has been affirmed or modified by the State
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Board.
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(c) An EMS Medical Director may immediately suspend an EMR, |
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EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, |
PHAPRN, or other individual or entity if he or she finds that |
the
continuation in practice by the individual or entity would |
constitute an
imminent danger to the public. The suspended |
individual or entity shall be
issued an immediate verbal |
notification followed by a written suspension order
by the EMS |
Medical Director which states the
length, terms and basis for |
the suspension.
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(1) Within 24 hours following the commencement of the |
suspension, the EMS
Medical Director shall deliver to the |
Department, by messenger, telefax, or other |
Department-approved electronic communication, a
copy of |
the suspension order and copies of any written materials |
which relate
to the EMS Medical Director's decision to |
suspend the individual or entity. All medical and |
patient-specific information, including Department |
findings with respect to the quality of care rendered, |
shall be strictly confidential pursuant to the Medical |
Studies Act (Part 21 of Article VIII of the Code of Civil |
Procedure).
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(2) Within 24 hours following the commencement of the |
suspension, the
suspended individual or entity may deliver |
to the Department, by messenger,
telefax, or other |
Department-approved electronic communication, a written |
response to the suspension order and copies of any written
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materials which the individual or entity feels are |
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appropriate. All medical and patient-specific information, |
including Department findings with respect to the quality |
of care rendered, shall be strictly confidential pursuant |
to the Medical Studies Act.
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(3) Within 24 hours following receipt of the EMS |
Medical Director's
suspension order or the individual or |
entity's written response, whichever is later,
the |
Director or the Director's designee shall determine |
whether the suspension
should be stayed pending an |
opportunity for a hearing or
review in accordance with this |
Act, or whether the suspension should continue
during the |
course of that hearing or review. The Director or the |
Director's
designee shall issue this determination to the |
EMS Medical Director, who shall
immediately notify the |
suspended individual or entity. The suspension shall |
remain
in effect during this period of review by the |
Director or the Director's
designee.
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(d) Upon issuance of a suspension order for reasons |
directly related to
medical care, the EMS Medical Director |
shall also provide the individual or entity
with the |
opportunity for a hearing before the local System review board, |
in
accordance with subsection (f) and the rules promulgated by |
the Department.
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(1) If the local System review board affirms or |
modifies the EMS Medical
Director's suspension order, the |
individual or entity shall have the opportunity for
a |
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review of the local board's decision by the State EMS |
Disciplinary Review
Board, pursuant to Section 3.45 of this |
Act.
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(2) If the local System review board reverses or |
modifies the EMS Medical
Director's suspension order, the |
EMS Medical Director shall have the
opportunity for a |
review of the local board's decision by the State EMS
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Disciplinary Review Board, pursuant to Section 3.45 of this |
Act.
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(3) The suspended individual or entity may elect to |
bypass the local System review board
and seek direct review |
of the EMS Medical Director's suspension order by the
State |
EMS Disciplinary Review Board.
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(e) The Resource Hospital shall designate a local System |
review board in
accordance with the rules of the Department, |
for the purpose of providing a
hearing to any individual or |
entity participating within the
System who is suspended from |
participation by the EMS Medical Director. The
EMS Medical |
Director shall arrange for a certified shorthand reporter to |
make a
stenographic record of that hearing and thereafter |
prepare a transcript of the
proceedings. The transcript, all |
documents or materials received as evidence
during the hearing |
and the local System review board's written decision shall
be |
retained in the custody of the EMS system. The System shall |
implement a
decision of the local System review board unless |
that decision has been
appealed to the State Emergency Medical |
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Services Disciplinary Review Board in
accordance with this Act |
and the rules of the Department.
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(f) The Resource Hospital shall implement a decision of the |
State Emergency
Medical Services Disciplinary Review Board |
which has been rendered in
accordance with this Act and the |
rules of the Department.
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(Source: P.A. 100-201, eff. 8-18-17.)
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(210 ILCS 50/3.45)
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Sec. 3.45. State Emergency Medical Services Disciplinary
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Review Board. |
(a) The Governor shall appoint a State Emergency
Medical |
Services Disciplinary Review Board, composed of an
EMS Medical |
Director, an EMS System Coordinator, a Paramedic, an Emergency
|
Medical Technician (EMT), and the following members,
who shall |
only review cases in which a party is from the
same |
professional category: a Pre-Hospital Registered Nurse, a |
Pre-Hospital Advanced Practice Registered Nurse, a |
Pre-Hospital Physician Assistant, an ECRN, a
Trauma Nurse |
Specialist, an Emergency Medical
Technician-Intermediate |
(EMT-I), an Advanced Emergency Medical Technician (A-EMT), a |
representative from a
private vehicle service provider, a |
representative from a
public vehicle service provider, and an |
emergency physician
who monitors telecommunications from and |
gives voice orders
to EMS personnel. The Governor shall also |
appoint one
alternate for each member of the Board, from the |
|
same
professional category as the member of the Board.
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(b) The members
shall be appointed for a term of 3 years. |
All appointees
shall serve until their successors are |
appointed. The
alternate members shall be appointed and serve |
in the same
fashion as the members of the Board. If a member |
resigns
his or her appointment, the corresponding alternate |
shall serve the
remainder of that member's term until a |
subsequent member is
appointed by the Governor.
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(c) The function of the Board is to review and affirm,
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reverse or modify disciplinary orders.
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(d) Any individual or entity, who received an immediate |
suspension from an EMS
Medical Director may request the Board |
to reverse or modify
the suspension order. If the suspension |
had been affirmed
or modified by a local System review board, |
the suspended individual or entity
may request the Board to |
reverse or modify the
local board's decision.
|
(e) Any individual or entity who received a non-immediate |
suspension order
from an EMS Medical Director which was |
affirmed or modified
by a local System review board may request |
the Board to
reverse or modify the local board's decision.
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(f) An EMS Medical Director whose suspension order
was |
reversed or modified by a local System review board may
request |
the Board to reverse or modify the local board's
decision.
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(g) The Board shall meet on the first
Tuesday of every |
month, unless no requests for review have
been submitted. |
Additional meetings of the Board shall be
scheduled to ensure |
|
that a request for direct
review of an immediate suspension |
order is scheduled within
14 days after the Department receives |
the request for review
or as soon thereafter as a quorum is |
available. The Board
shall meet in Springfield or Chicago, |
whichever location is
closer to the majority of the members or |
alternates
attending the meeting. The Department shall |
reimburse the
members and alternates of the Board for |
reasonable travel
expenses incurred in attending meetings of |
the Board.
|
(h) A request for review shall be submitted in
writing to |
the Chief of the Department's Division of Emergency
Medical |
Services and Highway Safety, within 10 days after
receiving the |
local board's decision or the EMS Medical
Director's suspension |
order, whichever is applicable, a copy
of which shall be |
enclosed.
|
(i) At its regularly scheduled meetings, the Board
shall |
review requests which have been received by the
Department at |
least 10 working days prior to the Board's
meeting date. |
Requests for review which are received less
than 10 working |
days prior to a scheduled meeting shall be
considered at the |
Board's next scheduled meeting, except
that requests for direct |
review of an immediate suspension
order may be scheduled up to |
3 working days prior to the
Board's meeting date.
|
(j) A quorum shall be required for the Board to
meet, which |
shall consist of 3 members or alternates, including
the EMS |
Medical Director or alternate and the member or
alternate from |
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the same professional category as the subject
of the suspension |
order. At each meeting of the Board, the
members or alternates |
present shall select a Chairperson to
conduct the meeting.
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(k) Deliberations for decisions of the State EMS
|
Disciplinary Review
Board shall be conducted in closed session. |
Department
staff may attend for the purpose of providing |
clerical
assistance, but no other persons may be in attendance |
except
for the parties to the dispute being reviewed by the |
Board
and their attorneys, unless by request of the Board.
|
(l) The Board shall review the transcript,
evidence and |
written decision of the local review board or the
written |
decision and supporting documentation of the EMS
Medical |
Director, whichever is applicable, along with any
additional |
written or verbal testimony or argument offered
by the parties |
to the dispute.
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(m) At the conclusion of its review, the Board
shall issue |
its decision and the basis for its decision on a form
provided |
by the Department, and shall submit to the
Department its |
written decision together with the record of
the local System |
review board. The Department shall
promptly issue a copy of the |
Board's decision to all
affected parties. The Board's decision |
shall be binding on
all parties.
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(Source: P.A. 98-973, eff. 8-15-14.)
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(210 ILCS 50/3.50)
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Sec. 3.50. Emergency Medical Services personnel licensure |
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levels.
|
(a) "Emergency Medical Technician" or
"EMT" means a person |
who has successfully completed a course in basic life support
|
as approved by the
Department, is currently licensed by the |
Department in
accordance with standards prescribed by this Act |
and rules
adopted by the Department pursuant to this Act, and |
practices within an EMS
System. A valid Emergency Medical |
Technician-Basic (EMT-B) license issued under this Act shall |
continue to be valid and shall be recognized as an Emergency |
Medical Technician (EMT) license until the Emergency Medical |
Technician-Basic (EMT-B) license expires.
|
(b) "Emergency Medical Technician-Intermediate"
or "EMT-I" |
means a person who has successfully completed a
course in |
intermediate life support
as approved
by the Department, is |
currently licensed by the
Department in accordance with |
standards prescribed by this
Act and rules adopted by the |
Department pursuant to this
Act, and practices within an |
Intermediate or Advanced
Life Support EMS System.
|
(b-5) "Advanced Emergency Medical Technician" or "A-EMT" |
means a person who has successfully completed a course in basic |
and limited advanced emergency medical care as approved by the |
Department, is currently licensed by the Department in |
accordance with standards prescribed by this Act and rules |
adopted by the Department pursuant to this Act, and practices |
within an Intermediate or Advanced Life Support EMS System. |
(c) "Paramedic (EMT-P)" means a person who
has successfully |
|
completed a
course in advanced life support care
as approved
by |
the Department, is licensed by the Department
in accordance |
with standards prescribed by this Act and
rules adopted by the |
Department pursuant to this Act, and
practices within an |
Advanced Life Support EMS System. A valid Emergency Medical |
Technician-Paramedic (EMT-P) license issued under this Act |
shall continue to be valid and shall be recognized as a |
Paramedic license until the Emergency Medical |
Technician-Paramedic (EMT-P) license expires.
|
(c-5) "Emergency Medical Responder" or "EMR (First |
Responder)" means a person who has successfully completed a |
course in emergency medical response as approved by the |
Department and provides emergency medical response services |
prior to the arrival of an ambulance or specialized emergency |
medical services vehicle, in accordance with the level of care |
established by the National EMS Educational Standards |
Emergency Medical Responder course as modified by the |
Department. An Emergency Medical Responder who provides |
services as part of an EMS System response plan shall comply |
with the applicable sections of the Program Plan, as approved |
by the Department, of that EMS System. The Department shall |
have the authority to adopt rules governing the curriculum, |
practice, and necessary equipment applicable to Emergency |
Medical Responders. |
On the effective date of this amendatory Act of the 98th |
General Assembly, a person who is licensed by the Department as |
|
a First Responder and has completed a Department-approved |
course in first responder defibrillator training based on, or |
equivalent to, the National EMS Educational Standards or other |
standards previously recognized by the Department shall be |
eligible for licensure as an Emergency Medical Responder upon |
meeting the licensure requirements and submitting an |
application to the Department. A valid First Responder license |
issued under this Act shall continue to be valid and shall be |
recognized as an Emergency Medical Responder license until the |
First Responder license expires. |
(c-10) All EMS Systems and licensees shall be fully |
compliant with the National EMS Education Standards, as |
modified by the Department in administrative rules, within 24 |
months after the adoption of the administrative rules. |
(d) The Department shall have the authority and
|
responsibility to:
|
(1) Prescribe education and training requirements, |
which
includes training in the use of epinephrine,
for all |
levels of EMS personnel except for EMRs, based on the |
National EMS Educational Standards
and any modifications |
to those curricula specified by the
Department through |
rules adopted pursuant to this Act.
|
(2) Prescribe licensure testing requirements
for all |
levels of EMS personnel, which shall include a requirement |
that
all phases of instruction, training, and field |
experience be
completed before taking the appropriate |
|
licensure examination.
Candidates may elect to take the |
appropriate National Registry examination in lieu of the
|
Department's examination, but are responsible for making
|
their own arrangements for taking the National Registry
|
examination. In prescribing licensure testing requirements |
for honorably discharged members of the armed forces of the |
United States under this paragraph (2), the Department |
shall ensure that a candidate's military emergency medical |
training, emergency medical curriculum completed, and |
clinical experience, as described in paragraph (2.5), are |
recognized.
|
(2.5) Review applications for EMS personnel licensure |
from
honorably discharged members of the armed forces of |
the United States with military emergency medical |
training. Applications shall be filed with the Department |
within one year after military discharge and shall contain: |
(i) proof of successful completion of military emergency |
medical training; (ii) a detailed description of the |
emergency medical curriculum completed; and (iii) a |
detailed description of the applicant's clinical |
experience. The Department may request additional and |
clarifying information. The Department shall evaluate the |
application, including the applicant's training and |
experience, consistent with the standards set forth under |
subsections (a), (b), (c), and (d) of Section 3.10. If the |
application clearly demonstrates that the training and |
|
experience meets such standards, the Department shall |
offer the applicant the opportunity to successfully |
complete a Department-approved EMS personnel examination |
for the level of license for which the applicant is |
qualified. Upon passage of an examination, the Department |
shall issue a license, which shall be subject to all |
provisions of this Act that are otherwise applicable to the |
level of EMS personnel
license issued. |
(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
|
or Paramedic who have met the Department's education, |
training and
examination requirements.
|
(4) Prescribe annual continuing education and
|
relicensure requirements for all EMS personnel licensure
|
levels.
|
(5) Relicense individuals as an EMD, EMR, EMT, EMT-I, |
A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, |
based on their compliance with
continuing education and |
relicensure requirements as required by the Department |
pursuant to this Act. Every 4 years, a Paramedic shall have |
100 hours of approved continuing education, an EMT-I and an |
advanced EMT shall have 80 hours of approved continuing |
education, and an EMT shall have 60 hours of approved |
continuing education. An Illinois licensed EMR, EMD, EMT, |
EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose |
license has been expired for less than 36 months may apply |
for reinstatement by the Department. Reinstatement shall |
|
require that the applicant (i) submit satisfactory proof of |
completion of continuing medical education and clinical |
requirements to be prescribed by the Department in an |
administrative rule; (ii) submit a positive recommendation |
from an Illinois EMS Medical Director attesting to the |
applicant's qualifications for retesting; and (iii) pass a |
Department approved test for the level of EMS personnel |
license sought to be reinstated.
|
(6) Grant inactive status to any EMR, EMD, EMT, EMT-I, |
A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
|
qualifies, based on standards and procedures established |
by
the Department in rules adopted pursuant to this Act.
|
(7) Charge a fee for EMS personnel examination, |
licensure, and license renewal.
|
(8) Suspend, revoke, or refuse to issue or renew the
|
license of any licensee, after an opportunity for an |
impartial hearing before a neutral administrative law |
judge appointed by the Director, where the preponderance of |
the evidence shows one or more of the following:
|
(A) The licensee has not met continuing
education |
or relicensure requirements as prescribed by the |
Department;
|
(B) The licensee has failed to maintain
|
proficiency in the level of skills for which he or she |
is licensed;
|
(C) The licensee, during the provision of
medical |
|
services, engaged in dishonorable, unethical, or
|
unprofessional conduct of a character likely to |
deceive,
defraud, or harm the public;
|
(D) The licensee has failed to maintain or
has |
violated standards of performance and conduct as |
prescribed
by the Department in rules adopted pursuant |
to this Act or
his or her EMS System's Program Plan;
|
(E) The licensee is physically impaired to
the |
extent that he or she cannot physically perform the |
skills and
functions for which he or she is licensed, |
as verified by a
physician, unless the person is on |
inactive status pursuant
to Department regulations;
|
(F) The licensee is mentally impaired to the
extent |
that he or she cannot exercise the appropriate |
judgment,
skill and safety for performing the |
functions for which he
or she is licensed, as verified |
by a physician, unless the person
is on inactive status |
pursuant to Department regulations;
|
(G) The licensee has violated this Act or any
rule |
adopted by the Department pursuant to this Act; or |
(H) The licensee has been convicted (or entered a |
plea of guilty or nolo-contendere) by a court of |
competent jurisdiction of a Class X, Class 1, or Class |
2 felony in this State or an out-of-state equivalent |
offense. |
(9) Prescribe education and training requirements in |
|
the administration and use of opioid antagonists for all |
levels of EMS personnel based on the National EMS |
Educational Standards and any modifications to those |
curricula specified by the Department through rules |
adopted pursuant to this Act. |
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, |
PHAPRN, PHPA, or PHRN who is a member of the Illinois National |
Guard or an Illinois State Trooper or who exclusively serves as |
a volunteer for units of local government with a population |
base of less than 5,000 or as a volunteer
for a not-for-profit |
organization that serves a service area
with a population base |
of less than 5,000 may submit an application to the Department |
for a waiver of the fees described under paragraph (7) of |
subsection (d) of this Section on a form prescribed by the |
Department. |
The education requirements prescribed by the Department |
under this Section must allow for the suspension of those |
requirements in the case of a member of the armed services or |
reserve forces of the United States or a member of the Illinois |
National Guard who is on active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor at |
the time that the member would otherwise be required to fulfill |
a particular education requirement. Such a person must fulfill |
the education requirement within 6 months after his or her |
release from active duty.
|
|
(e) In the event that any rule of the
Department or an EMS |
Medical Director that requires testing for drug
use as a |
condition of the applicable EMS personnel license conflicts |
with or
duplicates a provision of a collective bargaining |
agreement
that requires testing for drug use, that rule shall |
not
apply to any person covered by the collective bargaining
|
agreement.
|
(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, |
eff. 8-15-14; 99-480, eff. 9-9-15.)
|
(210 ILCS 50/3.55)
|
Sec. 3.55. Scope of practice.
|
(a) Any person currently licensed as an EMR, EMT, EMT-I,
|
A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency |
and non-emergency medical
services as defined in this Act, in |
accordance with his or her level of
education, training and |
licensure, the standards of
performance and conduct prescribed |
by the Department in
rules adopted pursuant to this Act, and |
the requirements of
the EMS System in which he or she |
practices, as contained in the
approved Program Plan for that |
System. The Director may, by written order, temporarily modify |
individual scopes of practice in response to public health |
emergencies for periods not exceeding 180 days.
|
(a-5) EMS personnel who have successfully completed a |
Department approved
course in automated defibrillator |
operation and who are functioning within a
Department approved |
|
EMS System may utilize such automated defibrillator
according |
to the standards of performance and conduct prescribed by the
|
Department
in rules adopted pursuant to this Act and the |
requirements of the EMS System in
which they practice, as |
contained in the approved Program Plan for that
System.
|
(a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or |
Paramedic
who has successfully completed a Department approved |
course in the
administration of epinephrine shall be required |
to carry epinephrine
with him or her as part of the EMS |
personnel medical supplies whenever
he or she is performing |
official duties as determined by the EMS System. The |
epinephrine may be administered from a glass vial, |
auto-injector, ampule, or pre-filled syringe.
|
(b) An EMR, EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or |
Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or |
Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN, |
PHAPRN, PHPA, or Paramedic license
in pre-hospital or |
inter-hospital emergency care settings or
non-emergency |
medical transport situations, under the
written or verbal |
direction of the EMS Medical Director.
For purposes of this |
Section, a "pre-hospital emergency care
setting" may include a |
location, that is not a health care
facility, which utilizes |
EMS personnel to render pre-hospital
emergency care prior to |
the arrival of a transport vehicle.
The location shall include |
communication equipment and all
of the portable equipment and |
drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or |
|
Paramedic's
level of care, as required by this Act, rules |
adopted
by the Department pursuant to this Act, and the |
protocols of
the EMS Systems, and shall operate only with the |
approval
and under the direction of the EMS Medical Director.
|
This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT, |
PHRN, PHAPRN, PHPA, or Paramedic
from practicing within an |
emergency department or
other health care setting for the |
purpose of receiving
continuing education or training approved |
by the EMS Medical
Director. This Section shall also not |
prohibit an EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic |
from seeking credentials other than his or her EMT, EMT-I, |
A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
license and utilizing |
such credentials to work in emergency
departments or other |
health care settings under the
jurisdiction of that employer.
|
(c) An EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic |
may honor Do Not Resuscitate (DNR) orders and powers
of |
attorney for health care only in accordance with rules
adopted |
by the Department pursuant to this Act and protocols
of the EMS |
System in which he or she practices.
|
(d) A student enrolled in a Department approved EMS |
personnel
program, while fulfilling the
clinical training and |
in-field supervised experience
requirements mandated for |
licensure or approval by the
System and the Department, may |
perform prescribed procedures
under the direct supervision of a |
physician licensed to
practice medicine in all of its branches, |
a qualified
registered professional nurse, or qualified EMS |
|
personnel, only when
authorized by the EMS Medical Director.
|
(e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or |
Paramedic may transport a police dog injured in the line of |
duty to a veterinary clinic or similar facility if there are no |
persons requiring medical attention or transport at that time. |
For the purposes of this subsection, "police dog" means a dog |
owned or used by a law enforcement department or agency in the |
course of the department or agency's work, including a search |
and rescue dog, service dog, accelerant detection canine, or |
other dog that is in use by a county, municipal, or State law |
enforcement agency. |
(Source: P.A. 99-862, eff. 1-1-17; 100-108, eff. 1-1-18.)
|
(210 ILCS 50/3.65)
|
Sec. 3.65. EMS Lead Instructor.
|
(a) "EMS Lead Instructor" means a person who has
|
successfully completed a course of education as approved
by the |
Department, and who is currently approved by the
Department to |
coordinate or teach education, training
and continuing |
education courses, in accordance with
standards prescribed by |
this Act and rules adopted by the
Department pursuant to this |
Act.
|
(b) The Department shall have the authority and
|
responsibility to:
|
(1) Prescribe education requirements for EMS
Lead |
Instructor candidates through rules adopted pursuant to |
|
this
Act.
|
(2) Prescribe testing requirements for EMS
Lead |
Instructor candidates through rules adopted pursuant to |
this
Act.
|
(3) Charge each candidate for EMS Lead
Instructor a fee |
to be submitted with an application for an
examination, an |
application for licensure, and an application for |
relicensure.
|
(4) Approve individuals as EMS Lead
Instructors who |
have met the Department's education and testing
|
requirements.
|
(5) Require that all education, training and
|
continuing education courses for EMT, EMT-I, A-EMT, |
Paramedic, PHRN, PHPA, PHAPRN, ECRN, EMR, and Emergency |
Medical
Dispatcher be coordinated by at least one approved |
EMS Lead
Instructor. A program which includes education, |
training or
continuing education for more than one type of |
personnel may
use one EMS Lead Instructor to coordinate the |
program, and a
single EMS Lead Instructor may |
simultaneously coordinate
more than one program or course.
|
(6) Provide standards and procedures for
awarding EMS |
Lead Instructor approval to persons previously approved
by |
the Department to coordinate such courses, based on
|
qualifications prescribed by the Department through rules
|
adopted pursuant to this Act.
|
(7) Suspend, revoke, or refuse to issue or renew the |
|
approval of an EMS
Lead Instructor, after an opportunity |
for a hearing, when
findings show one or more of the |
following:
|
(A) The EMS Lead Instructor has failed
to conduct a |
course in accordance with the curriculum
prescribed by |
this Act and rules adopted by the Department
pursuant |
to this Act; or
|
(B) The EMS Lead Instructor has failed
to comply |
with protocols prescribed by the Department through
|
rules adopted pursuant to this Act.
|
(Source: P.A. 98-973, eff. 8-15-14.)
|
(210 ILCS 50/3.80)
|
Sec. 3.80. Pre-Hospital Registered Nurse, Pre-Hospital |
Advanced Practice Registered Nurse, Pre-Hospital Physician |
Assistant, and Emergency Communications Registered Nurse.
|
(a) "Emergency Communications Registered Nurse" or
"ECRN" |
means a registered professional nurse licensed under
the Nurse |
Practice Act who
has
successfully completed supplemental |
education in accordance
with rules adopted by the Department, |
and who is approved by
an EMS Medical Director to monitor |
telecommunications from
and give voice orders to EMS System |
personnel, under the
authority of the EMS Medical Director and |
in accordance with
System protocols. For out-of-state |
facilities that have Illinois recognition under the EMS, trauma |
or pediatric programs, the professional shall have an |
|
unencumbered registered nurse license in the state in which he |
or she practices. In this Section, the term "license" is used |
to reflect a change in terminology from "certification" to |
"license" only.
|
(b) "Pre-Hospital Registered Nurse", "PHRN", or |
"Pre-Hospital RN" means a registered professional nurse |
licensed under
the Nurse Practice Act who has
successfully |
completed supplemental education in accordance
with rules |
adopted by the Department pursuant to this Act,
and who is |
approved by an EMS Medical Director to practice
within an |
Illinois EMS System as emergency medical services personnel
for |
pre-hospital and inter-hospital emergency care and
|
non-emergency medical transports. For out-of-state facilities |
that have Illinois recognition under the EMS, trauma or |
pediatric programs, the professional shall have an |
unencumbered registered nurse license in the state in which he |
or she practices. In this Section, the term "license" is used |
to reflect a change in terminology from "certification" to |
"license" only.
|
(b-5) "Pre-Hospital Advanced Practice Registered Nurse", |
"PHAPRN", or "Pre-Hospital APRN" means an advanced practice |
registered nurse licensed under the Nurse Practice Act who has |
successfully completed supplemental education in accordance |
with rules adopted by the Department pursuant to this Act, and |
who has the approval of an EMS Medical Director to practice |
within an Illinois EMS System as emergency medical services |
|
personnel for pre-hospital and inter-hospital emergency care |
and non-emergency medical transports. For out-of-state |
facilities that have Illinois recognition under the EMS, trauma |
or pediatric programs, the professional shall have an |
unencumbered advanced practice registered nurse license in the |
state in which he or she practices. |
(b-10) "Pre-Hospital Physician Assistant", "PHPA", or |
"Pre-Hospital PA" means a physician assistant licensed under |
the Physician Assistant Practice Act of 1987 who has |
successfully completed supplemental education in accordance |
with rules adopted by the Department pursuant to this Act, and |
who has the approval of an EMS Medical Director to practice |
within an Illinois EMS System as emergency medical services |
personnel for pre-hospital and inter-hospital emergency care |
and non-emergency medical transports. For out-of-state |
facilities that have Illinois recognition under the EMS, trauma |
or pediatric programs, the professional shall have an |
unencumbered physician assistant license in the state in which |
he or she practices. |
(c) The Department shall have the authority and
|
responsibility to:
|
(1) Prescribe or pre-approve education and continuing |
education
requirements for Pre-Hospital Registered Nurse, |
Pre-Hospital Advanced Practice Registered Nurse, |
Pre-Hospital Physician Assistant, and ECRN candidates |
through
rules adopted pursuant to this Act:
|
|
(A) Education for a Pre-Hospital Registered Nurse, |
a Pre-Hospital Advanced Practice Registered Nurse, or |
a Pre-Hospital Physician Assistant shall
include |
extrication, telecommunications, EMS System standing |
medical orders, the procedures and protocols |
established by the EMS Medical Director, and |
pre-hospital
cardiac, medical, and trauma care;
|
(B) Education for ECRN shall include
|
telecommunications, System standing medical orders and |
the
procedures and protocols established by the EMS |
Medical
Director;
|
(C) A Pre-Hospital Registered Nurse, Pre-Hospital |
Advanced Practice Registered Nurse, or Pre-Hospital |
Physician Assistant candidate who is
fulfilling |
clinical training and in-field supervised
experience |
requirements may perform prescribed procedures
under |
the direct supervision of a physician licensed to
|
practice medicine in all of its branches, a qualified
|
registered professional nurse or a qualified EMT, only |
when
authorized by the EMS Medical Director;
|
(D) An EMS Medical Director may impose in-field |
supervised field
experience requirements on System
|
ECRNs as part of their training or continuing |
education, in
which they perform prescribed procedures |
under the direct
supervision of a physician licensed to |
practice medicine in
all of its branches, a qualified |
|
registered professional
nurse, or qualified EMS |
personnel, only when authorized by the EMS
Medical |
Director;
|
(2) Require EMS Medical Directors to
reapprove |
Pre-Hospital Registered Nurses, Pre-Hospital Advanced |
Practice Registered Nurses, Pre-Hospital Physician |
Assistants, and ECRNs every 4 years, based on
compliance |
with continuing education requirements prescribed
by the |
Department through rules adopted pursuant to this
Act;
|
(3) Allow EMS Medical Directors to grant
inactive EMS |
System status to any Pre-Hospital Registered Nurse, |
Pre-Hospital Advanced Practice Registered Nurse, |
Pre-Hospital Physician Assistant, or ECRN who qualifies, |
based
on standards and procedures established by the |
Department in
rules adopted pursuant to this Act;
|
(4) Require a Pre-Hospital Registered Nurse, a |
Pre-Hospital Advanced Practice Registered Nurse, or a |
Pre-Hospital Physician Assistant to honor Do Not
|
Resuscitate (DNR) orders and powers of attorney for health
|
care only in accordance with rules adopted by the |
Department
pursuant to this Act and protocols of the EMS |
System in
which he or she practices;
|
(5) Charge each Pre-Hospital Registered Nurse, |
Pre-Hospital Advanced Practice Registered Nurse, |
Pre-Hospital Physician Assistant, applicant and ECRN |
applicant a fee for licensure and relicensure. |
|
(d) The Department shall have the authority to suspend, |
revoke, or refuse to issue or renew a Department-issued PHRN, |
PHAPRN, PHPA, or ECRN license when, after notice and the |
opportunity for a hearing, the Department demonstrates that the |
licensee has violated this Act, violated the rules adopted by |
the Department, or failed to comply with the applicable |
standards of care. |
(Source: P.A. 98-973, eff. 8-15-14.)
|
(210 ILCS 50/3.87) |
Sec. 3.87. Ambulance service provider and vehicle service |
provider upgrades; rural population. |
(a) In this Section, "rural ambulance service provider" |
means an ambulance service provider licensed under this Act |
that serves a rural population of 7,500 or fewer inhabitants. |
In this Section, "rural vehicle service provider" means an |
entity that serves a rural population of 7,500 or fewer |
inhabitants and is licensed by the Department to provide |
emergency or non-emergency medical services in compliance with |
this Act, the rules adopted by the Department pursuant to this |
Act, and an operational plan approved by the entity's EMS |
System, utilizing at least an ambulance, alternate response |
vehicle as defined by the Department in rules, or specialized |
emergency medical services vehicle. |
(b) A rural ambulance service provider or rural vehicle |
service provider may submit a proposal to the EMS System |
|
Medical Director requesting approval of either or both of the |
following: |
(1) Rural ambulance service provider or rural vehicle |
service provider in-field service level upgrade. |
(A) An ambulance operated by a rural ambulance |
service provider or a specialized emergency medical |
services vehicle or alternate response vehicle |
operated by a rural vehicle service provider may be |
upgraded, as defined by the EMS System Medical Director |
in a policy or procedure, as long as the EMS System |
Medical Director and the Department have approved the |
proposal, to the highest level of EMT license (advanced |
life support/paramedic, intermediate life support, or |
basic life support) or Pre-Hospital APRN, Pre-Hospital |
PA, or Pre-Hospital RN license certification held by |
any person staffing that ambulance, specialized |
emergency medical services vehicle, or alternate |
response vehicle. The ambulance service provider's or |
rural vehicle service provider's proposal for an |
upgrade must include all of the following: |
(i) The manner in which the provider will |
secure and store advanced life support equipment, |
supplies, and medications. |
(ii) The type of quality assurance the |
provider will perform. |
(iii) An assurance that the provider will |
|
advertise only the level of care that can be |
provided 24 hours a day. |
(iv) A statement that the provider will have |
that vehicle inspected by the Department annually. |
(B) If a rural ambulance service provider or rural |
vehicle service provider is approved to provide an |
in-field service level upgrade based on the licensed |
personnel on the vehicle, all the advanced life support |
medical supplies, durable medical equipment, and |
medications must be environmentally controlled, |
secured, and locked with access by only the personnel |
who have been authorized by the EMS System Medical |
Director to utilize those supplies. |
(C) The EMS System shall routinely perform quality |
assurance, in compliance with the EMS System's quality |
assurance plan approved by the Department, on in-field |
service level upgrades authorized under this Section |
to ensure compliance with the EMS System plan. |
(2) Rural ambulance service provider or rural vehicle |
service provider in-field service level upgrade. The EMS |
System Medical Director may define what constitutes an |
in-field service level upgrade through an EMS System policy |
or procedure.
An in-field service level upgrade may |
include, but need not be limited to, an upgrade to a |
licensed ambulance, alternate response vehicle, or |
specialized emergency medical services vehicle. |
|
(c) If the EMS System Medical Director approves a proposal |
for a rural in-field service level upgrade under this Section, |
he or she shall submit the proposal to the Department along |
with a statement of approval signed by him or her. Once the |
Department has approved the proposal, the rural ambulance |
service provider or rural vehicle service provider will be |
authorized to function at the highest level of EMT license |
(advanced life support/paramedic, intermediate life support, |
or basic life support) or Pre-Hospital RN, Pre-Hospital APRN, |
or Pre-Hospital PA license certification held by any person |
staffing the vehicle.
|
(Source: P.A. 98-608, eff. 12-27-13; 98-880, eff. 1-1-15; |
98-881, eff. 8-13-14; 99-78, eff. 7-20-15.)
|
(210 ILCS 50/3.165)
|
Sec. 3.165. Misrepresentation.
|
(a) No person shall hold himself or herself out to be or |
engage
in the practice of an EMS Medical Director, EMS
|
Administrative Director, EMS System Coordinator, EMR, EMD, |
EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, PHAPRN, PHPA, TNS, or |
LI without being licensed,
certified, approved or otherwise |
authorized pursuant to this
Act.
|
(b) A hospital or other entity which employs or
utilizes an |
EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic in a manner which is |
outside the scope of
his or her license shall not use the words |
"emergency medical responder", "EMR", "emergency medical |
|
technician", "EMT", "emergency medical |
technician-intermediate", "EMT-I", "advanced emergency medical |
technician", "A-EMT", or "Paramedic" in that person's job
|
description or title, or in any other manner hold that
person |
out to be so licensed.
|
(c) No provider or participant within an EMS
System shall |
hold itself out as providing a type or level of
service that |
has not been approved by that System's EMS
Medical Director.
|
(Source: P.A. 98-973, eff. 8-15-14.)
|
Section 99. Effective date. This Act takes effect one year |
after becoming law.
|
