Bill Text: IL SB3255 | 2017-2018 | 100th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Defines "Pre-Hospital Physician Assistant" or "PHPA". Includes Pre-Hospital Physician Assistants in the definition of "Emergency Medical Services Personnel". Adds PHPAs to provisions concerning licensing and educational requirements. Provides than an EMS Medical Director may immediately suspend a PHPA for specified reasons. Adds a PHPA to the State Emergency Medical Services Disciplinary Review Board. Adds PHPAs to provisions concerning misrepresentation. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-08-24 - Public Act . . . . . . . . . 100-1082 [SB3255 Detail]
Download: Illinois-2017-SB3255-Introduced.html
Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Defines "Pre-Hospital Physician Assistant" or "PHPA". Includes Pre-Hospital Physician Assistants in the definition of "Emergency Medical Services Personnel". Adds PHPAs to provisions concerning licensing and educational requirements. Provides than an EMS Medical Director may immediately suspend a PHPA for specified reasons. Adds a PHPA to the State Emergency Medical Services Disciplinary Review Board. Adds PHPAs to provisions concerning misrepresentation. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-08-24 - Public Act . . . . . . . . . 100-1082 [SB3255 Detail]
Download: Illinois-2017-SB3255-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Emergency Medical Services (EMS) Systems Act | ||||||||||||||||||||||||||||||||||||||
5 | is amended by changing Sections 3.5, 3.35, 3.40, 3.45, 3.50, | ||||||||||||||||||||||||||||||||||||||
6 | 3.65, 3.80, and 3.165 as follows:
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7 | (210 ILCS 50/3.5)
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8 | Sec. 3.5. Definitions. As used in this Act:
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9 | "Clinical observation" means the on-going observation of a | ||||||||||||||||||||||||||||||||||||||
10 | patient's condition by a licensed health care professional | ||||||||||||||||||||||||||||||||||||||
11 | utilizing a medical skill set while continuing assessment and | ||||||||||||||||||||||||||||||||||||||
12 | care. | ||||||||||||||||||||||||||||||||||||||
13 | "Department" means the Illinois Department of Public | ||||||||||||||||||||||||||||||||||||||
14 | Health.
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15 | "Director" means the Director of the Illinois Department of | ||||||||||||||||||||||||||||||||||||||
16 | Public Health.
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17 | "Emergency" means a medical condition of recent onset and | ||||||||||||||||||||||||||||||||||||||
18 | severity that
would lead a prudent layperson, possessing an | ||||||||||||||||||||||||||||||||||||||
19 | average knowledge of medicine and
health, to believe that | ||||||||||||||||||||||||||||||||||||||
20 | urgent or unscheduled medical care is required.
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21 | "Emergency Medical Services personnel" or "EMS personnel" | ||||||||||||||||||||||||||||||||||||||
22 | means persons licensed as an Emergency Medical Responder (EMR) | ||||||||||||||||||||||||||||||||||||||
23 | (First Responder), Emergency Medical Dispatcher (EMD), |
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1 | Emergency Medical Technician (EMT), Emergency Medical | ||||||
2 | Technician-Intermediate (EMT-I), Advanced Emergency Medical | ||||||
3 | Technician (A-EMT), Paramedic (EMT-P), Emergency | ||||||
4 | Communications Registered Nurse (ECRN), Pre-Hospital Physician | ||||||
5 | Assistant (PHPA), or Pre-Hospital Registered Nurse (PHRN). | ||||||
6 | "Health care facility" means a hospital,
nursing home, | ||||||
7 | physician's office or other fixed location at which
medical and | ||||||
8 | health care services are performed. It does not
include | ||||||
9 | "pre-hospital emergency care settings" which utilize EMS | ||||||
10 | personnel to render
pre-hospital emergency care prior to the
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11 | arrival of a transport vehicle, as defined in this Act.
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12 | "Hospital" has the meaning ascribed to that
term in the | ||||||
13 | Hospital Licensing Act.
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14 | "Medical monitoring" means the performance of medical | ||||||
15 | tests and physical exams to evaluate an individual's on-going | ||||||
16 | exposure to a factor that could negatively impact that person's | ||||||
17 | health. "Medical monitoring" includes close surveillance or | ||||||
18 | supervision of patients liable to suffer deterioration in | ||||||
19 | physical or mental health and checks of various parameters such | ||||||
20 | as pulse rate, temperature, respiration rate, the condition of | ||||||
21 | the pupils, the level of consciousness and awareness, the | ||||||
22 | degree of appreciation of pain, and blood gas concentrations | ||||||
23 | such as oxygen and carbon dioxide. | ||||||
24 | "Trauma" means any significant injury which
involves | ||||||
25 | single or multiple organ systems.
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26 | (Source: P.A. 98-973, eff. 8-15-14; 99-661, eff. 1-1-17 .)
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1 | (210 ILCS 50/3.35)
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2 | Sec. 3.35.
Emergency Medical Services (EMS) Resource
| ||||||
3 | Hospital; Functions.
The Resource Hospital of an EMS System | ||||||
4 | shall:
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5 | (a) Prepare a Program Plan in accordance with the
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6 | provisions of this Act and minimum standards and criteria
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7 | established in rules adopted by the Department pursuant to
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8 | this Act, and submit such Program Plan to the Department | ||||||
9 | for
approval.
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10 | (b) Appoint an EMS Medical Director, who will
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11 | continually monitor and supervise the System and who will
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12 | have the responsibility and authority for total management
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13 | of the System as delegated by the EMS Resource Hospital.
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14 | The Program Plan shall require the EMS Medical Director | ||||||
15 | to
appoint an alternate EMS Medical Director and establish | ||||||
16 | a
written protocol addressing the functions to be carried | ||||||
17 | out
in his or her absence.
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18 | (c) Appoint an EMS System Coordinator and EMS
| ||||||
19 | Administrative Director in consultation with the EMS | ||||||
20 | Medical
Director and in accordance with rules adopted by | ||||||
21 | the Department
pursuant to this Act.
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22 | (d) Identify potential EMS System participants and
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23 | obtain commitments from them for the provision of services.
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24 | (e) Educate or coordinate the education of EMS | ||||||
25 | personnel and all other license holders in accordance with |
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1 | the requirements of this Act,
rules adopted by the | ||||||
2 | Department pursuant to this Act, and
the EMS System Program | ||||||
3 | Plan.
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4 | (f) Notify the Department of EMS personnel
who have | ||||||
5 | successfully completed the requirements as provided by law | ||||||
6 | for initial licensure, license renewal, and license | ||||||
7 | reinstatement
by the Department.
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8 | (g) Educate or coordinate the education of Emergency
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9 | Medical Dispatcher candidates, in accordance with the
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10 | requirements of this Act, rules adopted by the Department
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11 | pursuant to this Act, and the EMS System Program Plan.
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12 | (h) Establish or approve protocols for prearrival
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13 | medical instructions to callers by System Emergency | ||||||
14 | Medical
Dispatchers who provide such instructions.
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15 | (i) Educate or coordinate the education of
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16 | Pre-Hospital Registered Nurse , Pre-Hospital Physician | ||||||
17 | Assistant, and ECRN candidates, in accordance with the | ||||||
18 | requirements of
this Act, rules adopted by the Department
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19 | pursuant to this Act, and the EMS System Program Plan.
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20 | (j) Approve Pre-Hospital Registered Nurse , | ||||||
21 | Pre-Hospital Physician Assistant, and ECRN candidates to
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22 | practice within the System, and reapprove Pre-Hospital | ||||||
23 | Registered Nurses , Pre-Hospital Physician Assistants,
and | ||||||
24 | ECRNs every 4 years in accordance with the
requirements of | ||||||
25 | the Department and the System Program Plan.
| ||||||
26 | (k) Establish protocols for the use of Pre-Hospital |
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1 | Registered Nurses
within the System.
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2 | (l) Establish protocols for utilizing ECRNs and
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3 | physicians licensed to practice medicine in all of its
| ||||||
4 | branches to monitor telecommunications from, and give | ||||||
5 | voice
orders to, EMS personnel, under the authority of the | ||||||
6 | EMS
Medical Director.
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7 | (m) Monitor emergency and non-emergency medical
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8 | transports within the System, in accordance with rules
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9 | adopted by the Department pursuant to this Act.
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10 | (n) Utilize levels of personnel required by the
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11 | Department to provide emergency care to the sick and | ||||||
12 | injured
at the scene of an emergency, during transport to a | ||||||
13 | hospital
or during inter-hospital transport and within the | ||||||
14 | hospital
emergency department until the responsibility for | ||||||
15 | the care
of the patient is assumed by the medical personnel | ||||||
16 | of a
hospital emergency department or other facility within | ||||||
17 | the
hospital to which the patient is first delivered by | ||||||
18 | System
personnel.
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19 | (o) Utilize levels of personnel required by the
| ||||||
20 | Department to provide non-emergency medical services | ||||||
21 | during
transport to a health care facility and within the | ||||||
22 | health
care facility until the responsibility for the care | ||||||
23 | of the
patient is assumed by the medical personnel of the | ||||||
24 | health
care facility to which the patient is delivered by | ||||||
25 | System
personnel.
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26 | (p) Establish and implement a program for System
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1 | participant information and education, in accordance with
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2 | rules adopted by the Department pursuant to this Act.
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3 | (q) Establish and implement a program for public
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4 | information and education, in accordance with rules | ||||||
5 | adopted
by the Department pursuant to this Act.
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6 | (r) Operate in compliance with the EMS Region Plan.
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7 | (Source: P.A. 98-973, eff. 8-15-14.)
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8 | (210 ILCS 50/3.40)
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9 | Sec. 3.40. EMS System Participation Suspensions and
Due | ||||||
10 | Process. | ||||||
11 | (a) An EMS Medical Director may suspend from
participation | ||||||
12 | within the System any EMS personnel, EMS Lead Instructor (LI), | ||||||
13 | individual, individual
provider or other participant | ||||||
14 | considered not to be meeting
the requirements of the Program | ||||||
15 | Plan of that approved EMS
System.
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16 | (b) Prior to suspending any individual or entity, an EMS | ||||||
17 | Medical Director
shall provide an opportunity for a hearing | ||||||
18 | before the
local System review board in accordance with | ||||||
19 | subsection (f) and the rules
promulgated by the Department.
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20 | (1) If the local System review board affirms or | ||||||
21 | modifies the EMS Medical
Director's suspension order, the | ||||||
22 | individual or entity shall have the opportunity for
a | ||||||
23 | review of the local board's decision by the State EMS | ||||||
24 | Disciplinary Review
Board, pursuant to Section 3.45 of this | ||||||
25 | Act.
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1 | (2) If the local System review board reverses or | ||||||
2 | modifies the EMS Medical
Director's order, the EMS Medical | ||||||
3 | Director shall have the
opportunity for a review of the | ||||||
4 | local board's decision by the State EMS
Disciplinary Review | ||||||
5 | Board, pursuant to Section 3.45 of this Act.
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6 | (3) The suspension shall commence only upon the | ||||||
7 | occurrence of one of the
following:
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8 | (A) the individual or entity has waived the | ||||||
9 | opportunity for a hearing before
the local System | ||||||
10 | review board; or
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11 | (B) the order has been affirmed or modified by the | ||||||
12 | local system review
board
and the individual or entity | ||||||
13 | has waived the opportunity for review by the State
| ||||||
14 | Board; or
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15 | (C) the order has been affirmed or modified by the | ||||||
16 | local system review
board,
and the local board's | ||||||
17 | decision has been affirmed or modified by the State
| ||||||
18 | Board.
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19 | (c) An EMS Medical Director may immediately suspend an EMR, | ||||||
20 | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHRN, LI, or | ||||||
21 | other individual or entity if he or she finds that the
| ||||||
22 | continuation in practice by the individual or entity would | ||||||
23 | constitute an
imminent danger to the public. The suspended | ||||||
24 | individual or entity shall be
issued an immediate verbal | ||||||
25 | notification followed by a written suspension order
by the EMS | ||||||
26 | Medical Director which states the
length, terms and basis for |
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1 | the suspension.
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2 | (1) Within 24 hours following the commencement of the | ||||||
3 | suspension, the EMS
Medical Director shall deliver to the | ||||||
4 | Department, by messenger, telefax, or other | ||||||
5 | Department-approved electronic communication, a
copy of | ||||||
6 | the suspension order and copies of any written materials | ||||||
7 | which relate
to the EMS Medical Director's decision to | ||||||
8 | suspend the individual or entity. All medical and | ||||||
9 | patient-specific information, including Department | ||||||
10 | findings with respect to the quality of care rendered, | ||||||
11 | shall be strictly confidential pursuant to the Medical | ||||||
12 | Studies Act (Part 21 of Article VIII of the Code of Civil | ||||||
13 | Procedure).
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14 | (2) Within 24 hours following the commencement of the | ||||||
15 | suspension, the
suspended individual or entity may deliver | ||||||
16 | to the Department, by messenger,
telefax, or other | ||||||
17 | Department-approved electronic communication, a written | ||||||
18 | response to the suspension order and copies of any written
| ||||||
19 | materials which the individual or entity feels are | ||||||
20 | appropriate. All medical and patient-specific information, | ||||||
21 | including Department findings with respect to the quality | ||||||
22 | of care rendered, shall be strictly confidential pursuant | ||||||
23 | to the Medical Studies Act.
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24 | (3) Within 24 hours following receipt of the EMS | ||||||
25 | Medical Director's
suspension order or the individual or | ||||||
26 | entity's written response, whichever is later,
the |
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1 | Director or the Director's designee shall determine | ||||||
2 | whether the suspension
should be stayed pending an | ||||||
3 | opportunity for a hearing or
review in accordance with this | ||||||
4 | Act, or whether the suspension should continue
during the | ||||||
5 | course of that hearing or review. The Director or the | ||||||
6 | Director's
designee shall issue this determination to the | ||||||
7 | EMS Medical Director, who shall
immediately notify the | ||||||
8 | suspended individual or entity. The suspension shall | ||||||
9 | remain
in effect during this period of review by the | ||||||
10 | Director or the Director's
designee.
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11 | (d) Upon issuance of a suspension order for reasons | ||||||
12 | directly related to
medical care, the EMS Medical Director | ||||||
13 | shall also provide the individual or entity
with the | ||||||
14 | opportunity for a hearing before the local System review board, | ||||||
15 | in
accordance with subsection (f) and the rules promulgated by | ||||||
16 | the Department.
| ||||||
17 | (1) If the local System review board affirms or | ||||||
18 | modifies the EMS Medical
Director's suspension order, the | ||||||
19 | individual or entity shall have the opportunity for
a | ||||||
20 | review of the local board's decision by the State EMS | ||||||
21 | Disciplinary Review
Board, pursuant to Section 3.45 of this | ||||||
22 | Act.
| ||||||
23 | (2) If the local System review board reverses or | ||||||
24 | modifies the EMS Medical
Director's suspension order, the | ||||||
25 | EMS Medical Director shall have the
opportunity for a | ||||||
26 | review of the local board's decision by the State EMS
|
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| |||||||
1 | Disciplinary Review Board, pursuant to Section 3.45 of this | ||||||
2 | Act.
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3 | (3) The suspended individual or entity may elect to | ||||||
4 | bypass the local System review board
and seek direct review | ||||||
5 | of the EMS Medical Director's suspension order by the
State | ||||||
6 | EMS Disciplinary Review Board.
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7 | (e) The Resource Hospital shall designate a local System | ||||||
8 | review board in
accordance with the rules of the Department, | ||||||
9 | for the purpose of providing a
hearing to any individual or | ||||||
10 | entity participating within the
System who is suspended from | ||||||
11 | participation by the EMS Medical Director. The
EMS Medical | ||||||
12 | Director shall arrange for a certified shorthand reporter to | ||||||
13 | make a
stenographic record of that hearing and thereafter | ||||||
14 | prepare a transcript of the
proceedings. The transcript, all | ||||||
15 | documents or materials received as evidence
during the hearing | ||||||
16 | and the local System review board's written decision shall
be | ||||||
17 | retained in the custody of the EMS system. The System shall | ||||||
18 | implement a
decision of the local System review board unless | ||||||
19 | that decision has been
appealed to the State Emergency Medical | ||||||
20 | Services Disciplinary Review Board in
accordance with this Act | ||||||
21 | and the rules of the Department.
| ||||||
22 | (f) The Resource Hospital shall implement a decision of the | ||||||
23 | State Emergency
Medical Services Disciplinary Review Board | ||||||
24 | which has been rendered in
accordance with this Act and the | ||||||
25 | rules of the Department.
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26 | (Source: P.A. 100-201, eff. 8-18-17.)
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1 | (210 ILCS 50/3.45)
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2 | Sec. 3.45. State Emergency Medical Services Disciplinary
| ||||||
3 | Review Board. | ||||||
4 | (a) The Governor shall appoint a State Emergency
Medical | ||||||
5 | Services Disciplinary Review Board, composed of an
EMS Medical | ||||||
6 | Director, an EMS System Coordinator, a Paramedic, an Emergency
| ||||||
7 | Medical Technician (EMT), and the following members,
who shall | ||||||
8 | only review cases in which a party is from the
same | ||||||
9 | professional category: a Pre-Hospital Registered Nurse, a | ||||||
10 | Pre-Hospital Physician Assistant, an ECRN, a
Trauma Nurse | ||||||
11 | Specialist, an Emergency Medical
Technician-Intermediate | ||||||
12 | (EMT-I), an Advanced Emergency Medical Technician (A-EMT), a | ||||||
13 | representative from a
private vehicle service provider, a | ||||||
14 | representative from a
public vehicle service provider, and an | ||||||
15 | emergency physician
who monitors telecommunications from and | ||||||
16 | gives voice orders
to EMS personnel. The Governor shall also | ||||||
17 | appoint one
alternate for each member of the Board, from the | ||||||
18 | same
professional category as the member of the Board.
| ||||||
19 | (b) The members
shall be appointed for a term of 3 years. | ||||||
20 | All appointees
shall serve until their successors are | ||||||
21 | appointed. The
alternate members shall be appointed and serve | ||||||
22 | in the same
fashion as the members of the Board. If a member | ||||||
23 | resigns
his or her appointment, the corresponding alternate | ||||||
24 | shall serve the
remainder of that member's term until a | ||||||
25 | subsequent member is
appointed by the Governor.
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1 | (c) The function of the Board is to review and affirm,
| ||||||
2 | reverse or modify disciplinary orders.
| ||||||
3 | (d) Any individual or entity, who received an immediate | ||||||
4 | suspension from an EMS
Medical Director may request the Board | ||||||
5 | to reverse or modify
the suspension order. If the suspension | ||||||
6 | had been affirmed
or modified by a local System review board, | ||||||
7 | the suspended individual or entity
may request the Board to | ||||||
8 | reverse or modify the
local board's decision.
| ||||||
9 | (e) Any individual or entity who received a non-immediate | ||||||
10 | suspension order
from an EMS Medical Director which was | ||||||
11 | affirmed or modified
by a local System review board may request | ||||||
12 | the Board to
reverse or modify the local board's decision.
| ||||||
13 | (f) An EMS Medical Director whose suspension order
was | ||||||
14 | reversed or modified by a local System review board may
request | ||||||
15 | the Board to reverse or modify the local board's
decision.
| ||||||
16 | (g) The Board shall meet on the first
Tuesday of every | ||||||
17 | month, unless no requests for review have
been submitted. | ||||||
18 | Additional meetings of the Board shall be
scheduled to ensure | ||||||
19 | that a request for direct
review of an immediate suspension | ||||||
20 | order is scheduled within
14 days after the Department receives | ||||||
21 | the request for review
or as soon thereafter as a quorum is | ||||||
22 | available. The Board
shall meet in Springfield or Chicago, | ||||||
23 | whichever location is
closer to the majority of the members or | ||||||
24 | alternates
attending the meeting. The Department shall | ||||||
25 | reimburse the
members and alternates of the Board for | ||||||
26 | reasonable travel
expenses incurred in attending meetings of |
| |||||||
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1 | the Board.
| ||||||
2 | (h) A request for review shall be submitted in
writing to | ||||||
3 | the Chief of the Department's Division of Emergency
Medical | ||||||
4 | Services and Highway Safety, within 10 days after
receiving the | ||||||
5 | local board's decision or the EMS Medical
Director's suspension | ||||||
6 | order, whichever is applicable, a copy
of which shall be | ||||||
7 | enclosed.
| ||||||
8 | (i) At its regularly scheduled meetings, the Board
shall | ||||||
9 | review requests which have been received by the
Department at | ||||||
10 | least 10 working days prior to the Board's
meeting date. | ||||||
11 | Requests for review which are received less
than 10 working | ||||||
12 | days prior to a scheduled meeting shall be
considered at the | ||||||
13 | Board's next scheduled meeting, except
that requests for direct | ||||||
14 | review of an immediate suspension
order may be scheduled up to | ||||||
15 | 3 working days prior to the
Board's meeting date.
| ||||||
16 | (j) A quorum shall be required for the Board to
meet, which | ||||||
17 | shall consist of 3 members or alternates, including
the EMS | ||||||
18 | Medical Director or alternate and the member or
alternate from | ||||||
19 | the same professional category as the subject
of the suspension | ||||||
20 | order. At each meeting of the Board, the
members or alternates | ||||||
21 | present shall select a Chairperson to
conduct the meeting.
| ||||||
22 | (k) Deliberations for decisions of the State EMS
| ||||||
23 | Disciplinary Review
Board shall be conducted in closed session. | ||||||
24 | Department
staff may attend for the purpose of providing | ||||||
25 | clerical
assistance, but no other persons may be in attendance | ||||||
26 | except
for the parties to the dispute being reviewed by the |
| |||||||
| |||||||
1 | Board
and their attorneys, unless by request of the Board.
| ||||||
2 | (l) The Board shall review the transcript,
evidence and | ||||||
3 | written decision of the local review board or the
written | ||||||
4 | decision and supporting documentation of the EMS
Medical | ||||||
5 | Director, whichever is applicable, along with any
additional | ||||||
6 | written or verbal testimony or argument offered
by the parties | ||||||
7 | to the dispute.
| ||||||
8 | (m) At the conclusion of its review, the Board
shall issue | ||||||
9 | its decision and the basis for its decision on a form
provided | ||||||
10 | by the Department, and shall submit to the
Department its | ||||||
11 | written decision together with the record of
the local System | ||||||
12 | review board. The Department shall
promptly issue a copy of the | ||||||
13 | Board's decision to all
affected parties. The Board's decision | ||||||
14 | shall be binding on
all parties.
| ||||||
15 | (Source: P.A. 98-973, eff. 8-15-14.)
| ||||||
16 | (210 ILCS 50/3.50)
| ||||||
17 | Sec. 3.50. Emergency Medical Services personnel licensure | ||||||
18 | levels.
| ||||||
19 | (a) "Emergency Medical Technician" or
"EMT" means a person | ||||||
20 | who has successfully completed a course in basic life support
| ||||||
21 | as approved by the
Department, is currently licensed by the | ||||||
22 | Department in
accordance with standards prescribed by this Act | ||||||
23 | and rules
adopted by the Department pursuant to this Act, and | ||||||
24 | practices within an EMS
System. A valid Emergency Medical | ||||||
25 | Technician-Basic (EMT-B) license issued under this Act shall |
| |||||||
| |||||||
1 | continue to be valid and shall be recognized as an Emergency | ||||||
2 | Medical Technician (EMT) license until the Emergency Medical | ||||||
3 | Technician-Basic (EMT-B) license expires.
| ||||||
4 | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | ||||||
5 | means a person who has successfully completed a
course in | ||||||
6 | intermediate life support
as approved
by the Department, is | ||||||
7 | currently licensed by the
Department in accordance with | ||||||
8 | standards prescribed by this
Act and rules adopted by the | ||||||
9 | Department pursuant to this
Act, and practices within an | ||||||
10 | Intermediate or Advanced
Life Support EMS System.
| ||||||
11 | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | ||||||
12 | means a person who has successfully completed a course in basic | ||||||
13 | and limited advanced emergency medical care as approved by the | ||||||
14 | Department, is currently licensed by the Department in | ||||||
15 | accordance with standards prescribed by this Act and rules | ||||||
16 | adopted by the Department pursuant to this Act, and practices | ||||||
17 | within an Intermediate or Advanced Life Support EMS System. | ||||||
18 | (c) "Paramedic (EMT-P)" means a person who
has successfully | ||||||
19 | completed a
course in advanced life support care
as approved
by | ||||||
20 | the Department, is licensed by the Department
in accordance | ||||||
21 | with standards prescribed by this Act and
rules adopted by the | ||||||
22 | Department pursuant to this Act, and
practices within an | ||||||
23 | Advanced Life Support EMS System. A valid Emergency Medical | ||||||
24 | Technician-Paramedic (EMT-P) license issued under this Act | ||||||
25 | shall continue to be valid and shall be recognized as a | ||||||
26 | Paramedic license until the Emergency Medical |
| |||||||
| |||||||
1 | Technician-Paramedic (EMT-P) license expires.
| ||||||
2 | (c-5) "Emergency Medical Responder" or "EMR (First | ||||||
3 | Responder)" means a person who has successfully completed a | ||||||
4 | course in emergency medical response as approved by the | ||||||
5 | Department and provides emergency medical response services | ||||||
6 | prior to the arrival of an ambulance or specialized emergency | ||||||
7 | medical services vehicle, in accordance with the level of care | ||||||
8 | established by the National EMS Educational Standards | ||||||
9 | Emergency Medical Responder course as modified by the | ||||||
10 | Department. An Emergency Medical Responder who provides | ||||||
11 | services as part of an EMS System response plan shall comply | ||||||
12 | with the applicable sections of the Program Plan, as approved | ||||||
13 | by the Department, of that EMS System. The Department shall | ||||||
14 | have the authority to adopt rules governing the curriculum, | ||||||
15 | practice, and necessary equipment applicable to Emergency | ||||||
16 | Medical Responders. | ||||||
17 | On the effective date of this amendatory Act of the 98th | ||||||
18 | General Assembly, a person who is licensed by the Department as | ||||||
19 | a First Responder and has completed a Department-approved | ||||||
20 | course in first responder defibrillator training based on, or | ||||||
21 | equivalent to, the National EMS Educational Standards or other | ||||||
22 | standards previously recognized by the Department shall be | ||||||
23 | eligible for licensure as an Emergency Medical Responder upon | ||||||
24 | meeting the licensure requirements and submitting an | ||||||
25 | application to the Department. A valid First Responder license | ||||||
26 | issued under this Act shall continue to be valid and shall be |
| |||||||
| |||||||
1 | recognized as an Emergency Medical Responder license until the | ||||||
2 | First Responder license expires. | ||||||
3 | (c-10) All EMS Systems and licensees shall be fully | ||||||
4 | compliant with the National EMS Education Standards, as | ||||||
5 | modified by the Department in administrative rules, within 24 | ||||||
6 | months after the adoption of the administrative rules. | ||||||
7 | (d) The Department shall have the authority and
| ||||||
8 | responsibility to:
| ||||||
9 | (1) Prescribe education and training requirements, | ||||||
10 | which
includes training in the use of epinephrine,
for all | ||||||
11 | levels of EMS personnel except for EMRs, based on the | ||||||
12 | National EMS Educational Standards
and any modifications | ||||||
13 | to those curricula specified by the
Department through | ||||||
14 | rules adopted pursuant to this Act.
| ||||||
15 | (2) Prescribe licensure testing requirements
for all | ||||||
16 | levels of EMS personnel, which shall include a requirement | ||||||
17 | that
all phases of instruction, training, and field | ||||||
18 | experience be
completed before taking the appropriate | ||||||
19 | licensure examination.
Candidates may elect to take the | ||||||
20 | appropriate National Registry examination in lieu of the
| ||||||
21 | Department's examination, but are responsible for making
| ||||||
22 | their own arrangements for taking the National Registry
| ||||||
23 | examination. In prescribing licensure testing requirements | ||||||
24 | for honorably discharged members of the armed forces of the | ||||||
25 | United States under this paragraph (2), the Department | ||||||
26 | shall ensure that a candidate's military emergency medical |
| |||||||
| |||||||
1 | training, emergency medical curriculum completed, and | ||||||
2 | clinical experience, as described in paragraph (2.5), are | ||||||
3 | recognized.
| ||||||
4 | (2.5) Review applications for EMS personnel licensure | ||||||
5 | from
honorably discharged members of the armed forces of | ||||||
6 | the United States with military emergency medical | ||||||
7 | training. Applications shall be filed with the Department | ||||||
8 | within one year after military discharge and shall contain: | ||||||
9 | (i) proof of successful completion of military emergency | ||||||
10 | medical training; (ii) a detailed description of the | ||||||
11 | emergency medical curriculum completed; and (iii) a | ||||||
12 | detailed description of the applicant's clinical | ||||||
13 | experience. The Department may request additional and | ||||||
14 | clarifying information. The Department shall evaluate the | ||||||
15 | application, including the applicant's training and | ||||||
16 | experience, consistent with the standards set forth under | ||||||
17 | subsections (a), (b), (c), and (d) of Section 3.10. If the | ||||||
18 | application clearly demonstrates that the training and | ||||||
19 | experience meets such standards, the Department shall | ||||||
20 | offer the applicant the opportunity to successfully | ||||||
21 | complete a Department-approved EMS personnel examination | ||||||
22 | for the level of license for which the applicant is | ||||||
23 | qualified. Upon passage of an examination, the Department | ||||||
24 | shall issue a license, which shall be subject to all | ||||||
25 | provisions of this Act that are otherwise applicable to the | ||||||
26 | level of EMS personnel
license issued. |
| |||||||
| |||||||
1 | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| ||||||
2 | or Paramedic who have met the Department's education, | ||||||
3 | training and
examination requirements.
| ||||||
4 | (4) Prescribe annual continuing education and
| ||||||
5 | relicensure requirements for all EMS personnel licensure
| ||||||
6 | levels.
| ||||||
7 | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | ||||||
8 | A-EMT,
or Paramedic every 4 years, based on their | ||||||
9 | compliance with
continuing education and relicensure | ||||||
10 | requirements as required by the Department pursuant to this | ||||||
11 | Act. Every 4 years, a Paramedic shall have 100 hours of | ||||||
12 | approved continuing education, an EMT-I and an advanced EMT | ||||||
13 | shall have 80 hours of approved continuing education, and | ||||||
14 | an EMT shall have 60 hours of approved continuing | ||||||
15 | education. An Illinois licensed EMR, EMD, EMT, EMT-I, | ||||||
16 | A-EMT, Paramedic, ECRN, PHPA, or PHRN whose license has | ||||||
17 | been expired for less than 36 months may apply for | ||||||
18 | reinstatement by the Department. Reinstatement shall | ||||||
19 | require that the applicant (i) submit satisfactory proof of | ||||||
20 | completion of continuing medical education and clinical | ||||||
21 | requirements to be prescribed by the Department in an | ||||||
22 | administrative rule; (ii) submit a positive recommendation | ||||||
23 | from an Illinois EMS Medical Director attesting to the | ||||||
24 | applicant's qualifications for retesting; and (iii) pass a | ||||||
25 | Department approved test for the level of EMS personnel | ||||||
26 | license sought to be reinstated.
|
| |||||||
| |||||||
1 | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | ||||||
2 | A-EMT, Paramedic, ECRN, PHPA, or PHRN who
qualifies, based | ||||||
3 | on standards and procedures established by
the Department | ||||||
4 | in rules adopted pursuant to this Act.
| ||||||
5 | (7) Charge a fee for EMS personnel examination, | ||||||
6 | licensure, and license renewal.
| ||||||
7 | (8) Suspend, revoke, or refuse to issue or renew the
| ||||||
8 | license of any licensee, after an opportunity for an | ||||||
9 | impartial hearing before a neutral administrative law | ||||||
10 | judge appointed by the Director, where the preponderance of | ||||||
11 | the evidence shows one or more of the following:
| ||||||
12 | (A) The licensee has not met continuing
education | ||||||
13 | or relicensure requirements as prescribed by the | ||||||
14 | Department;
| ||||||
15 | (B) The licensee has failed to maintain
| ||||||
16 | proficiency in the level of skills for which he or she | ||||||
17 | is licensed;
| ||||||
18 | (C) The licensee, during the provision of
medical | ||||||
19 | services, engaged in dishonorable, unethical, or
| ||||||
20 | unprofessional conduct of a character likely to | ||||||
21 | deceive,
defraud, or harm the public;
| ||||||
22 | (D) The licensee has failed to maintain or
has | ||||||
23 | violated standards of performance and conduct as | ||||||
24 | prescribed
by the Department in rules adopted pursuant | ||||||
25 | to this Act or
his or her EMS System's Program Plan;
| ||||||
26 | (E) The licensee is physically impaired to
the |
| |||||||
| |||||||
1 | extent that he or she cannot physically perform the | ||||||
2 | skills and
functions for which he or she is licensed, | ||||||
3 | as verified by a
physician, unless the person is on | ||||||
4 | inactive status pursuant
to Department regulations;
| ||||||
5 | (F) The licensee is mentally impaired to the
extent | ||||||
6 | that he or she cannot exercise the appropriate | ||||||
7 | judgment,
skill and safety for performing the | ||||||
8 | functions for which he
or she is licensed, as verified | ||||||
9 | by a physician, unless the person
is on inactive status | ||||||
10 | pursuant to Department regulations;
| ||||||
11 | (G) The licensee has violated this Act or any
rule | ||||||
12 | adopted by the Department pursuant to this Act; or | ||||||
13 | (H) The licensee has been convicted (or entered a | ||||||
14 | plea of guilty or nolo-contendere) by a court of | ||||||
15 | competent jurisdiction of a Class X, Class 1, or Class | ||||||
16 | 2 felony in this State or an out-of-state equivalent | ||||||
17 | offense. | ||||||
18 | (9) Prescribe education and training requirements in | ||||||
19 | the administration and use of opioid antagonists for all | ||||||
20 | levels of EMS personnel based on the National EMS | ||||||
21 | Educational Standards and any modifications to those | ||||||
22 | curricula specified by the Department through rules | ||||||
23 | adopted pursuant to this Act. | ||||||
24 | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | ||||||
25 | PHPA, or PHRN who is a member of the Illinois National Guard or | ||||||
26 | an Illinois State Trooper or who exclusively serves as a |
| |||||||
| |||||||
1 | volunteer for units of local government with a population base | ||||||
2 | of less than 5,000 or as a volunteer
for a not-for-profit | ||||||
3 | organization that serves a service area
with a population base | ||||||
4 | of less than 5,000 may submit an application to the Department | ||||||
5 | for a waiver of the fees described under paragraph (7) of | ||||||
6 | subsection (d) of this Section on a form prescribed by the | ||||||
7 | Department. | ||||||
8 | The education requirements prescribed by the Department | ||||||
9 | under this Section must allow for the suspension of those | ||||||
10 | requirements in the case of a member of the armed services or | ||||||
11 | reserve forces of the United States or a member of the Illinois | ||||||
12 | National Guard who is on active duty pursuant to an executive | ||||||
13 | order of the President of the United States, an act of the | ||||||
14 | Congress of the United States, or an order of the Governor at | ||||||
15 | the time that the member would otherwise be required to fulfill | ||||||
16 | a particular education requirement. Such a person must fulfill | ||||||
17 | the education requirement within 6 months after his or her | ||||||
18 | release from active duty.
| ||||||
19 | (e) In the event that any rule of the
Department or an EMS | ||||||
20 | Medical Director that requires testing for drug
use as a | ||||||
21 | condition of the applicable EMS personnel license conflicts | ||||||
22 | with or
duplicates a provision of a collective bargaining | ||||||
23 | agreement
that requires testing for drug use, that rule shall | ||||||
24 | not
apply to any person covered by the collective bargaining
| ||||||
25 | agreement.
| ||||||
26 | (Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, |
| |||||||
| |||||||
1 | eff. 8-15-14; 99-480, eff. 9-9-15.)
| ||||||
2 | (210 ILCS 50/3.65)
| ||||||
3 | Sec. 3.65. EMS Lead Instructor.
| ||||||
4 | (a) "EMS Lead Instructor" means a person who has
| ||||||
5 | successfully completed a course of education as approved
by the | ||||||
6 | Department, and who is currently approved by the
Department to | ||||||
7 | coordinate or teach education, training
and continuing | ||||||
8 | education courses, in accordance with
standards prescribed by | ||||||
9 | this Act and rules adopted by the
Department pursuant to this | ||||||
10 | Act.
| ||||||
11 | (b) The Department shall have the authority and
| ||||||
12 | responsibility to:
| ||||||
13 | (1) Prescribe education requirements for EMS
Lead | ||||||
14 | Instructor candidates through rules adopted pursuant to | ||||||
15 | this
Act.
| ||||||
16 | (2) Prescribe testing requirements for EMS
Lead | ||||||
17 | Instructor candidates through rules adopted pursuant to | ||||||
18 | this
Act.
| ||||||
19 | (3) Charge each candidate for EMS Lead
Instructor a fee | ||||||
20 | to be submitted with an application for an
examination, an | ||||||
21 | application for licensure, and an application for | ||||||
22 | relicensure.
| ||||||
23 | (4) Approve individuals as EMS Lead
Instructors who | ||||||
24 | have met the Department's education and testing
| ||||||
25 | requirements.
|
| |||||||
| |||||||
1 | (5) Require that all education, training and
| ||||||
2 | continuing education courses for EMT, EMT-I, A-EMT, | ||||||
3 | Paramedic, PHRN, ECRN, PHPA, EMR, and Emergency Medical
| ||||||
4 | Dispatcher be coordinated by at least one approved EMS Lead
| ||||||
5 | Instructor. A program which includes education, training | ||||||
6 | or
continuing education for more than one type of personnel | ||||||
7 | may
use one EMS Lead Instructor to coordinate the program, | ||||||
8 | and a
single EMS Lead Instructor may simultaneously | ||||||
9 | coordinate
more than one program or course.
| ||||||
10 | (6) Provide standards and procedures for
awarding EMS | ||||||
11 | Lead Instructor approval to persons previously approved
by | ||||||
12 | the Department to coordinate such courses, based on
| ||||||
13 | qualifications prescribed by the Department through rules
| ||||||
14 | adopted pursuant to this Act.
| ||||||
15 | (7) Suspend, revoke, or refuse to issue or renew the | ||||||
16 | approval of an EMS
Lead Instructor, after an opportunity | ||||||
17 | for a hearing, when
findings show one or more of the | ||||||
18 | following:
| ||||||
19 | (A) The EMS Lead Instructor has failed
to conduct a | ||||||
20 | course in accordance with the curriculum
prescribed by | ||||||
21 | this Act and rules adopted by the Department
pursuant | ||||||
22 | to this Act; or
| ||||||
23 | (B) The EMS Lead Instructor has failed
to comply | ||||||
24 | with protocols prescribed by the Department through
| ||||||
25 | rules adopted pursuant to this Act.
| ||||||
26 | (Source: P.A. 98-973, eff. 8-15-14.)
|
| |||||||
| |||||||
1 | (210 ILCS 50/3.80)
| ||||||
2 | Sec. 3.80. Pre-Hospital Registered Nurse , Pre-Hospital | ||||||
3 | Physician Assistant, and Emergency Communications Registered | ||||||
4 | Nurse.
| ||||||
5 | (a) "Emergency Communications Registered Nurse" or
"ECRN" | ||||||
6 | means a registered professional nurse licensed under
the Nurse | ||||||
7 | Practice Act who
has
successfully completed supplemental | ||||||
8 | education in accordance
with rules adopted by the Department, | ||||||
9 | and who is approved by
an EMS Medical Director to monitor | ||||||
10 | telecommunications from
and give voice orders to EMS System | ||||||
11 | personnel, under the
authority of the EMS Medical Director and | ||||||
12 | in accordance with
System protocols. For out-of-state | ||||||
13 | facilities that have Illinois recognition under the EMS, trauma | ||||||
14 | or pediatric programs, the professional shall have an | ||||||
15 | unencumbered registered nurse license in the state in which he | ||||||
16 | or she practices. In this Section, the term "license" is used | ||||||
17 | to reflect a change in terminology from "certification" to | ||||||
18 | "license" only.
| ||||||
19 | (a-5) "Pre-Hospital Physician Assistant" or "PHPA" means a | ||||||
20 | physician assistant licensed under the Physician Assistant | ||||||
21 | Practice Act of 1987 who has successfully completed | ||||||
22 | supplemental education in accordance with rules adopted by the | ||||||
23 | Department pursuant to this Act, and who has a collaboration | ||||||
24 | agreement with an EMS Medical Director to practice within an | ||||||
25 | Illinois EMS System as emergency medical services personnel for |
| |||||||
| |||||||
1 | pre-hospital and inter-hospital emergency care and | ||||||
2 | non-emergency medical transports. For out-of-state facilities | ||||||
3 | that have Illinois recognition under the EMS, trauma or | ||||||
4 | pediatric programs, the professional shall have an | ||||||
5 | unencumbered physician assistant license in the state in which | ||||||
6 | he or she practices. | ||||||
7 | (b) "Pre-Hospital Registered Nurse", "PHRN", or | ||||||
8 | "Pre-Hospital RN" means a registered professional nurse | ||||||
9 | licensed under
the Nurse Practice Act who has
successfully | ||||||
10 | completed supplemental education in accordance
with rules | ||||||
11 | adopted by the Department pursuant to this Act,
and who is | ||||||
12 | approved by an EMS Medical Director to practice
within an | ||||||
13 | Illinois EMS System as emergency medical services personnel
for | ||||||
14 | pre-hospital and inter-hospital emergency care and
| ||||||
15 | non-emergency medical transports. For out-of-state facilities | ||||||
16 | that have Illinois recognition under the EMS, trauma or | ||||||
17 | pediatric programs, the professional shall have an | ||||||
18 | unencumbered registered nurse license in the state in which he | ||||||
19 | or she practices. In this Section, the term "license" is used | ||||||
20 | to reflect a change in terminology from "certification" to | ||||||
21 | "license" only.
| ||||||
22 | (c) The Department shall have the authority and
| ||||||
23 | responsibility to:
| ||||||
24 | (1) Prescribe education and continuing education
| ||||||
25 | requirements for Pre-Hospital Registered Nurse , | ||||||
26 | Pre-Hospital Physician Assistant, and ECRN candidates |
| |||||||
| |||||||
1 | through
rules adopted pursuant to this Act:
| ||||||
2 | (A) Education for a Pre-Hospital Registered Nurse | ||||||
3 | or a Pre-Hospital Physician Assistant shall
include | ||||||
4 | extrication, telecommunications, and pre-hospital
| ||||||
5 | cardiac, medical, and trauma care;
| ||||||
6 | (B) Education for ECRN shall include
| ||||||
7 | telecommunications, System standing medical orders and | ||||||
8 | the
procedures and protocols established by the EMS | ||||||
9 | Medical
Director;
| ||||||
10 | (C) A Pre-Hospital Registered Nurse candidate who | ||||||
11 | is
fulfilling clinical training and in-field | ||||||
12 | supervised
experience requirements may perform | ||||||
13 | prescribed procedures
under the direct supervision of | ||||||
14 | a physician licensed to
practice medicine in all of its | ||||||
15 | branches, a qualified
registered professional nurse or | ||||||
16 | a qualified EMT, only when
authorized by the EMS | ||||||
17 | Medical Director;
| ||||||
18 | (D) An EMS Medical Director may impose in-field | ||||||
19 | supervised field
experience requirements on System
| ||||||
20 | ECRNs as part of their training or continuing | ||||||
21 | education, in
which they perform prescribed procedures | ||||||
22 | under the direct
supervision of a physician licensed to | ||||||
23 | practice medicine in
all of its branches, a qualified | ||||||
24 | registered professional
nurse, or qualified EMS | ||||||
25 | personnel, only when authorized by the EMS
Medical | ||||||
26 | Director;
|
| |||||||
| |||||||
1 | (2) Require EMS Medical Directors to
reapprove | ||||||
2 | Pre-Hospital Registered Nurses , Pre-Hospital Physician | ||||||
3 | Assistants, and ECRNs every 4 years, based on
compliance | ||||||
4 | with continuing education requirements prescribed
by the | ||||||
5 | Department through rules adopted pursuant to this
Act;
| ||||||
6 | (3) Allow EMS Medical Directors to grant
inactive | ||||||
7 | status to any Pre-Hospital Registered Nurse , Pre-Hospital | ||||||
8 | Physician Assistants, or ECRN who qualifies, based
on | ||||||
9 | standards and procedures established by the Department in
| ||||||
10 | rules adopted pursuant to this Act;
| ||||||
11 | (4) Require a Pre-Hospital Registered Nurse or a | ||||||
12 | Pre-Hospital Physician Assistant to honor Do Not
| ||||||
13 | Resuscitate (DNR) orders and powers of attorney for health
| ||||||
14 | care only in accordance with rules adopted by the | ||||||
15 | Department
pursuant to this Act and protocols of the EMS | ||||||
16 | System in
which he or she practices;
| ||||||
17 | (5) Charge each Pre-Hospital Registered Nurse , | ||||||
18 | Pre-Hospital Physician Assistant, applicant and ECRN | ||||||
19 | applicant a fee for licensure and relicensure. | ||||||
20 | (d) The Department shall have the authority to suspend, | ||||||
21 | revoke, or refuse to issue or renew a Department-issued PHRN , | ||||||
22 | PHPA, or ECRN license when, after notice and the opportunity | ||||||
23 | for a hearing, the Department demonstrates that the licensee | ||||||
24 | has violated this Act, violated the rules adopted by the | ||||||
25 | Department, or failed to comply with the applicable standards | ||||||
26 | of care. |
| |||||||
| |||||||
1 | (Source: P.A. 98-973, eff. 8-15-14.)
| ||||||
2 | (210 ILCS 50/3.165)
| ||||||
3 | Sec. 3.165. Misrepresentation.
| ||||||
4 | (a) No person shall hold himself or herself out to be or | ||||||
5 | engage
in the practice of an EMS Medical Director, EMS
| ||||||
6 | Administrative Director, EMS System Coordinator, EMR, EMD, | ||||||
7 | EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, PHPA, TNS, or LI | ||||||
8 | without being licensed,
certified, approved or otherwise | ||||||
9 | authorized pursuant to this
Act.
| ||||||
10 | (b) A hospital or other entity which employs or
utilizes an | ||||||
11 | EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic in a manner which is | ||||||
12 | outside the scope of
his or her license shall not use the words | ||||||
13 | "emergency medical responder", "EMR", "emergency medical | ||||||
14 | technician", "EMT", "emergency medical | ||||||
15 | technician-intermediate", "EMT-I", "advanced emergency medical | ||||||
16 | technician", "A-EMT", or "Paramedic" in that person's job
| ||||||
17 | description or title, or in any other manner hold that
person | ||||||
18 | out to be so licensed.
| ||||||
19 | (c) No provider or participant within an EMS
System shall | ||||||
20 | hold itself out as providing a type or level of
service that | ||||||
21 | has not been approved by that System's EMS
Medical Director.
| ||||||
22 | (Source: P.A. 98-973, eff. 8-15-14.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|