(210 ILCS 50/3.20)
Sec. 3.20.
Emergency Medical Services (EMS) Systems.
(a) "Emergency Medical Services (EMS) System" means an
organization of hospitals, vehicle service providers and
personnel approved by the Department in a specific
geographic area, which coordinates and provides pre‑hospital
and inter‑hospital emergency care and non‑emergency medical
transports at a BLS, ILS and/or ALS level pursuant to a
System program plan submitted to and approved by the
Department, and pursuant to the EMS Region Plan adopted for
the EMS Region in which the System is located.
(b) One hospital in each System program plan must be
designated as the Resource Hospital. All other hospitals
which are located within the geographic boundaries of a
System and which have standby, basic or comprehensive level
emergency departments must function in that EMS System as
either an Associate Hospital or Participating Hospital and
follow all System policies specified in the System Program
Plan, including but not limited to the replacement of drugs
and equipment used by providers who have delivered patients
to their emergency departments. All hospitals and vehicle
service providers participating in an EMS System must
specify their level of participation in the System Program
Plan.
(c) The Department shall have the authority and
responsibility to:
(1) Approve BLS, ILS and ALS level EMS Systems which |
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meet minimum standards and criteria established in rules adopted by the Department pursuant to this Act, including the submission of a Program Plan for Department approval. Beginning September 1, 1997, the Department shall approve the development of a new EMS System only when a local or regional need for establishing such System has been identified. This shall not be construed as a needs assessment for health planning or other purposes outside of this Act. Following Department approval, EMS Systems must be fully operational within one year from the date of approval.
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(2) Monitor EMS Systems, based on minimum standards
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for continuing operation as prescribed in rules adopted by the Department pursuant to this Act, which shall include requirements for submitting Program Plan amendments to the Department for approval.
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(3) Renew EMS System approvals every 4 years, after
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an inspection, based on compliance with the standards for continuing operation prescribed in rules adopted by the Department pursuant to this Act.
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(4) Suspend, revoke, or refuse to renew approval of
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any EMS System, after providing an opportunity for a hearing, when findings show that it does not meet the minimum standards for continuing operation as prescribed by the Department, or is found to be in violation of its previously approved Program Plan.
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(5) Require each EMS System to adopt written
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protocols for the bypassing of or diversion to any hospital, trauma center or regional trauma center, which provide that a person shall not be transported to a facility other than the nearest hospital, regional trauma center or trauma center unless the medical benefits to the patient reasonably expected from the provision of appropriate medical treatment at a more distant facility outweigh the increased risks to the patient from transport to the more distant facility, or the transport is in accordance with the System's protocols for patient choice or refusal.
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(6) Require that the EMS Medical Director of an ILS
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or ALS level EMS System be a physician licensed to practice medicine in all of its branches in Illinois, and certified by the American Board of Emergency Medicine or the American Board of Osteopathic Emergency Medicine, and that the EMS Medical Director of a BLS level EMS System be a physician licensed to practice medicine in all of its branches in Illinois, with regular and frequent involvement in pre‑hospital emergency medical services. In addition, all EMS Medical Directors shall:
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(A) Have experience on an EMS vehicle at the
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highest level available within the System, or make provision to gain such experience within 12 months prior to the date responsibility for the System is assumed or within 90 days after assuming the position;
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(B) Be thoroughly knowledgeable of all skills
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included in the scope of practices of all levels of EMS personnel within the System;
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(C) Have or make provision to gain experience
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instructing students at a level similar to that of the levels of EMS personnel within the System; and
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(D) For ILS and ALS EMS Medical Directors,
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successfully complete a Department‑approved EMS Medical Director's Course.
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(7) Prescribe statewide EMS data elements to be
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collected and documented by providers in all EMS Systems for all emergency and non‑emergency medical services, with a one‑year phase‑in for commencing collection of such data elements.
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(8) Define, through rules adopted pursuant to this
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Act, the terms "Resource Hospital", "Associate Hospital", "Participating Hospital", "Basic Emergency Department", "Standby Emergency Department", "Comprehensive Emergency Department", "EMS Medical Director", "EMS Administrative Director", and "EMS System Coordinator".
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(A) Upon the effective date of this amendatory
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Act of 1995, all existing Project Medical Directors shall be considered EMS Medical Directors, and all persons serving in such capacities on the effective date of this amendatory Act of 1995 shall be exempt from the requirements of paragraph (7) of this subsection;
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(B) Upon the effective date of this amendatory
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Act of 1995, all existing EMS System Project Directors shall be considered EMS Administrative Directors.
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(9) Investigate the circumstances that caused a
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hospital in an EMS system to go on bypass status to determine whether that hospital's decision to go on bypass status was reasonable. The Department may impose sanctions, as set forth in Section 3.140 of the Act, upon a Department determination that the hospital unreasonably went on bypass status in violation of the Act.
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(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(210 ILCS 50/3.25)
Sec. 3.25.
EMS Region Plan; Development.
(a) Within 6 months after designation of an EMS
Region, an EMS Region Plan addressing at least the information
prescribed in Section 3.30 shall be submitted to the
Department for approval. The Plan shall be developed by the
Region's EMS Medical Directors Committee with advice from the
Regional EMS Advisory Committee; portions of the plan
concerning trauma shall be developed jointly with the Region's
Trauma Center Medical Directors or Trauma Center Medical
Directors Committee, whichever is applicable, with advice from
the Regional Trauma Advisory Committee, if such Advisory
Committee has been established in the Region.
(1) A Region's EMS Medical Directors Committee shall |
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be comprised of the Region's EMS Medical Directors, along with the medical advisor to a fire department vehicle service provider. For regions which include a municipal fire department serving a population of over 2,000,000 people, that fire department's medical advisor shall serve on the Committee. For other regions, the fire department vehicle service providers shall select which medical advisor to serve on the Committee on an annual basis.
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(2) A Region's Trauma Center Medical Directors
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Committee shall be comprised of the Region's Trauma Center Medical Directors.
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(b) A Region's Trauma Center Medical Directors may
choose to participate in the development of the EMS Region
Plan through membership on the Regional EMS Advisory
Committee, rather than through a separate Trauma Center Medical Directors
Committee. If that option is selected,
the Region's Trauma Center Medical Director shall also
determine whether a separate Regional Trauma Advisory
Committee is necessary for the Region.
(c) In the event of disputes over content of the
Plan between the Region's EMS Medical Directors Committee and the
Region's Trauma Center Medical Directors or Trauma Center
Medical Directors Committee, whichever is applicable, the
Director of the Illinois Department of Public Health shall
intervene through a mechanism established by the Department
through rules adopted pursuant to this Act.
(d) "Regional EMS Advisory Committee" means a
committee formed within an Emergency Medical Services (EMS)
Region to advise the Region's EMS Medical Directors
Committee and to select the Region's representative to the
State Emergency Medical Services Advisory Council,
consisting of at least the members of the Region's EMS
Medical Directors Committee, the Chair of the Regional
Trauma Committee, the EMS System Coordinators from each
Resource Hospital within the Region, one administrative
representative from an Associate Hospital within the Region,
one administrative representative from a Participating
Hospital within the Region, one administrative
representative from the vehicle service provider which
responds to the highest number of calls for emergency service within
the Region, one administrative representative of a vehicle
service provider from each System within the Region, one
Emergency Medical Technician (EMT)/Pre‑Hospital RN from each
level of EMT/Pre‑Hospital RN practicing within the Region,
and one registered professional nurse currently practicing
in an emergency department within the Region.
Of the 2 administrative representatives of vehicle service providers, at
least one shall be an administrative representative of a private vehicle
service provider. The
Department's Regional EMS Coordinator for each Region shall
serve as a non‑voting member of that Region's EMS Advisory
Committee.
Every 2 years, the members of the Region's EMS Medical
Directors Committee shall rotate serving as Committee Chair,
and select the Associate Hospital, Participating Hospital
and vehicle service providers which shall send
representatives to the Advisory Committee, and the
EMTs/Pre‑Hospital RN and nurse who shall serve on the
Advisory Committee.
(e) "Regional Trauma Advisory Committee" means a
committee formed within an Emergency Medical Services (EMS)
Region, to advise the Region's Trauma Center Medical
Directors Committee, consisting of at least the Trauma
Center Medical Directors and Trauma Coordinators from each
Trauma Center within the Region, one EMS Medical Director
from a resource hospital within the Region, one EMS System
Coordinator from another resource hospital within the
Region, one representative each from a public and private
vehicle service provider which transports trauma patients
within the Region, an administrative representative from
each trauma center within the Region, one EMT representing
the highest level of EMT practicing within the Region, one
emergency physician and one Trauma Nurse Specialist (TNS)
currently practicing in a trauma center. The Department's
Regional EMS Coordinator for each Region shall serve as a
non‑voting member of that Region's Trauma Advisory
Committee.
Every 2 years, the members of the Trauma Center Medical
Directors Committee shall rotate serving as Committee Chair,
and select the vehicle service providers, EMT, emergency
physician, EMS System Coordinator and TNS who shall serve on
the Advisory Committee.
(Source: P.A. 89‑177, eff. 7‑19‑95.)
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(210 ILCS 50/3.30)
Sec. 3.30.
EMS Region Plan; Content.
(a) The EMS Medical Directors Committee shall address
at least the following:
(1) Protocols for inter‑System/inter‑Region patient |
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transports, including identifying the conditions of emergency patients which may not be transported to the different levels of emergency department, based on their Department classifications and relevant Regional considerations (e.g. transport times and distances);
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(2) Regional standing medical orders;
(3) Patient transfer patterns, including criteria
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for determining whether a patient needs the specialized services of a trauma center, along with protocols for the bypassing of or diversion to any hospital, trauma center or regional trauma center which are consistent with individual System bypass or diversion protocols and protocols for patient choice or refusal;
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(4) Protocols for resolving Regional or Inter‑System
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(5) An EMS disaster preparedness plan which includes
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the actions and responsibilities of all EMS participants within the Region. Within 90 days of the effective date of this amendatory Act of 1996, an EMS System shall submit to the Department for review an internal disaster plan. At a minimum, the plan shall include contingency plans for the transfer of patients to other facilities if an evacuation of the hospital becomes necessary due to a catastrophe, including but not limited to, a power failure;
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(6) Regional standardization of continuing education
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(7) Regional standardization of Do Not Resuscitate
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(DNR) policies, and protocols for power of attorney for health care; and
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(8) Protocols for disbursement of Department
grants.
(b) The Trauma Center Medical Directors or Trauma
Center Medical Directors Committee shall address at least
the following:
(1) The identification of Regional Trauma
Centers;
(2) Protocols for inter‑System and inter‑Region
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trauma patient transports, including identifying the conditions of emergency patients which may not be transported to the different levels of emergency department, based on their Department classifications and relevant Regional considerations (e.g. transport times and distances);
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(3) Regional trauma standing medical orders;
(4) Trauma patient transfer patterns, including
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criteria for determining whether a patient needs the specialized services of a trauma center, along with protocols for the bypassing of or diversion to any hospital, trauma center or regional trauma center which are consistent with individual System bypass or diversion protocols and protocols for patient choice or refusal;
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(5) The identification of which types of patients
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can be cared for by Level I and Level II Trauma Centers;
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(6) Criteria for inter‑hospital transfer of trauma
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(7) The treatment of trauma patients in each trauma
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center within the Region;
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(8) A program for conducting a quarterly conference
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which shall include at a minimum a discussion of morbidity and mortality between all professional staff involved in the care of trauma patients;
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(9) The establishment of a Regional trauma quality
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assurance and improvement subcommittee, consisting of trauma surgeons, which shall perform periodic medical audits of each trauma center's trauma services, and forward tabulated data from such reviews to the Department; and
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(10) The establishment, within 90 days of the
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effective date of this amendatory Act of 1996, of an internal disaster plan, which shall include, at a minimum, contingency plans for the transfer of patients to other facilities if an evacuation of the hospital becomes necessary due to a catastrophe, including but not limited to, a power failure.
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(c) The Region's EMS Medical Directors and Trauma
Center Medical Directors Committees shall appoint any
subcommittees which they deem necessary to address specific
issues concerning Region activities.
(Source: P.A. 89‑177, eff. 7‑19‑95; 89‑667, eff. 1‑1‑97.)
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(210 ILCS 50/3.40)
Sec. 3.40.
EMS System Participation Suspensions and
Due Process.
(a) An EMS Medical Director may suspend from
participation within the System any individual, individual
provider or other participant considered not to be meeting
the requirements of the Program Plan of that approved EMS
System.
(b) Prior to suspending an EMT or other provider, an EMS Medical Director
shall provide the EMT or provider with the opportunity for a hearing before the
local System review board in accordance with subsection (f) and the rules
promulgated by the Department.
(1) If the local System review board affirms or |
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modifies the EMS Medical Director's suspension order, the EMT or provider 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
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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 Disciplinary Review Board, pursuant to Section 3.45 of this Act.
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(3) The suspension shall commence only upon the
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occurrence of one of the following:
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(A) the EMT or provider has waived the
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opportunity for a hearing before the local System review board; or
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(B) the suspension order has been affirmed or
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modified by the local board and the EMT or provider has waived the opportunity for review by the State Board; or
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(C) the suspension order has been affirmed or
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modified by the local board, and the local board's decision has been affirmed or modified by the State Board.
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(c) An EMS Medical Director may immediately suspend an EMT or other
provider if he or she finds that the information in his or her possession
indicates that the
continuation in practice by an EMT or other provider would constitute an
imminent danger to the public. The suspended EMT or other provider shall be
issued an immediate verbal notification followed by a written suspension order
to the EMT or other provider by the EMS Medical Director which states the
length, terms and basis for the suspension.
(1) Within 24 hours following the commencement of
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the suspension, the EMS Medical Director shall deliver to the Department, by messenger or telefax, a copy of the suspension order and copies of any written materials which relate to the EMS Medical Director's decision to suspend the EMT or provider.
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(2) Within 24 hours following the commencement of
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the suspension, the suspended EMT or provider may deliver to the Department, by messenger or telefax, a written response to the suspension order and copies of any written materials which the EMT or provider feels relate to that response.
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(3) Within 24 hours following receipt of the EMS
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Medical Director's suspension order or the EMT or provider's written response, whichever is later, the Director or the Director's designee shall determine whether the suspension should be stayed pending the EMT's or provider's opportunity for 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 EMT or provider. 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 EMT or provider
with the opportunity for a hearing before the local System review board, in
accordance with subsection (f) and the rules promulgated by the Department.
(1) If the local System review board affirms or
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modifies the EMS Medical Director's suspension order, the EMT or provider 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
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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 Disciplinary Review Board, pursuant to Section 3.45 of this Act.
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(3) The EMT or provider may elect to bypass the
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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 individual provider 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 Services Disciplinary Review Board in
accordance with this Act and the rules of the Department.
(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.
(Source: P.A. 89‑177, eff. 7‑19‑95.)
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(210 ILCS 50/3.45)
Sec. 3.45.
State Emergency Medical Services Disciplinary
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, an
Emergency Medical Technician‑Paramedic (EMT‑P), an Emergency
Medical Technician‑Basic (EMT‑B), and the following members,
who shall only review cases in which a party is from the
same professional category: a Pre‑Hospital RN, an ECRN, a
Trauma Nurse Specialist, an Emergency Medical
Technician‑Intermediate (EMT‑I), 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.
(b) Of the members first appointed, 2 members shall
be appointed for a term of one year, 2 members shall be
appointed for a term of 2 years and the remaining members
shall be appointed for a term of 3 years. The terms of
subsequent appointments shall be 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.
(c) The function of the Board is to review and affirm,
reverse or modify orders to suspend an EMT or other
individual provider from participating within an EMS System.
(d) An individual, individual provider or other
participant 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
participant may request the Board to reverse or modify the
local board's decision.
(e) An individual, individual provider or other
participant 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.
(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.
(g) The Board shall regularly meet on the first
Tuesday of every month, unless no requests for review have
been submitted. Additional meetings of the Board shall be
scheduled as necessary to insure 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 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.
(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.
(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.
(Source: P.A. 89‑177, eff. 7‑19‑95; 90‑144, eff. 7‑23‑97.)
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(210 ILCS 50/3.50)
Sec. 3.50.
Emergency Medical Technician (EMT) Licensure.
(a) "Emergency Medical Technician‑Basic" or
"EMT‑B" means a person who has successfully completed a course of
instruction in basic life support
as prescribed 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.
(b) "Emergency Medical Technician‑Intermediate"
or "EMT‑I" means a person who has successfully completed a
course of instruction in intermediate life support
as
prescribed 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) "Emergency Medical Technician‑Paramedic" or "EMT‑P" means a person who
has successfully completed a
course of instruction in advanced life support care
as
prescribed 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.
(d) The Department shall have the authority and
responsibility to:
(1) Prescribe education and training requirements,
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which includes training in the use of epinephrine, for all levels of EMT, based on the respective national curricula of the United States Department of Transportation and any modifications to such curricula specified by the Department through rules adopted pursuant to this Act;
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(2) Prescribe licensure testing requirements for all
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levels of EMT, which shall include a requirement that all phases of instruction, training, and field experience be completed before taking the EMT licensure examination. Candidates may elect to take the National Registry of Emergency Medical Technicians examination in lieu of the Department's examination, but are responsible for making their own arrangements for taking the National Registry examination;
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(3) License individuals as an EMT‑B, EMT‑I, or EMT‑P
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who have met the Department's education, training and testing requirements;
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(4) Prescribe annual continuing education and
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relicensure requirements for all levels of EMT;
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(5) Relicense individuals as an EMT‑B, EMT‑I, or
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EMT‑P every 4 years, based on their compliance with continuing education and relicensure requirements;
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(6) Grant inactive status to any EMT who qualifies,
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based on standards and procedures established by the Department in rules adopted pursuant to this Act;
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(7) Charge each candidate for EMT a fee to be
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submitted with an application for a licensure examination;
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(8) Suspend, revoke, or refuse to renew the license
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of an EMT, after an opportunity for a hearing, when findings show one or more of the following:
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(A) The EMT has not met continuing education or
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relicensure requirements as prescribed by the Department;
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(B) The EMT has failed to maintain proficiency
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in the level of skills for which he or she is licensed;
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(C) The EMT, during the provision of medical
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services, engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;
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(D) The EMT has failed to maintain or has
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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;
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(E) The EMT is physically impaired to the extent
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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;
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(F) The EMT is mentally impaired to the extent
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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; or
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(G) The EMT has violated this Act or any rule
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adopted by the Department pursuant to this Act.
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The education requirements prescribed by the Department
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under this subsection 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.
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(e) In the event that any rule of the
Department or an EMS Medical Director that requires testing for drug
use as a condition for EMT licensure 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. 94‑504, eff. 8‑8‑05.)
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(210 ILCS 50/3.55)
Sec. 3.55.
Scope of practice.
(a) Any person currently licensed as an EMT‑B, EMT‑I,
or EMT‑P 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.
(a‑5) A person currently approved as a First Responder or licensed as an
EMT‑B, EMT‑I, or EMT‑P who has successfully completed a Department approved
course in automated defibrillator operation and who is 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 he or she practices, as contained in the approved Program Plan for that
System.
(a‑7) A person currently licensed as an EMT‑B, EMT‑I, or EMT‑P
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 EMT medical supplies whenever
he or she is performing the duties of an emergency medical
technician.
(b) A person currently licensed as an EMT‑B,
EMT‑I, or EMT‑P may only practice as an EMT or utilize his or her EMT 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 EMTs 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
EMT'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 EMT‑B, EMT‑I, or
EMT‑P 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‑B,
EMT‑I, or EMT‑P from seeking credentials other than his or her EMT
license and utilizing such credentials to work in emergency
departments or other health care settings under the
jurisdiction of that employer.
(c) A person currently licensed as an EMT‑B,
EMT‑I, or EMT‑P 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
emergency medical technician 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 a qualified EMT, only when
authorized by the EMS Medical Director.
(Source: P.A. 92‑376, eff. 8‑15‑01.)
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(210 ILCS 50/3.60)
Sec. 3.60.
First Responder.
(a) "First Responder" means a person who has
successfully completed a course of instruction in emergency
first response as prescribed by the Department, who provides
first response services prior to the arrival of an
ambulance or specialized emergency medical services vehicle,
in accordance with the level of care established in the
emergency first response course. A First Responder who
provides such services as part of an EMS System response
plan which utilizes First Responders as the personnel
dispatched to the scene of an emergency to provide initial
emergency medical care shall comply with the applicable
sections of the Program Plan of that EMS System.
Persons who have already completed a course of
instruction in emergency first response based on or
equivalent to the national curriculum of the United States
Department of Transportation, or as otherwise previously
recognized by the Department, shall be considered First
Responders on the effective date of this amendatory Act of 1995.
(b) The Department shall have the authority and
responsibility to:
(1) Prescribe education requirements for the First |
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Responder, which meet or exceed the national curriculum of the United States Department of Transportation, through rules adopted pursuant to this Act.
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(2) Prescribe a standard set of equipment for use
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during first response services. An individual First Responder shall not be required to maintain his or her own set of such equipment, provided he or she has access to such equipment during a first response call.
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(3) Require the First Responder to notify the
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Department of any EMS System in which he or she participates as dispatched personnel as described in subsection (a).
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(4) Require the First Responder to comply with the
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applicable sections of the Program Plans for those Systems.
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(5) Require the First Responder to keep the
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Department currently informed as to who employs him or her and who supervises his or her activities as a First Responder.
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(6) Establish a mechanism for phasing in the First
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Responder requirements over a 5‑year period.
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(Source: P.A. 89‑177, eff. 7‑19‑95.)
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(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 prescribed
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 |
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Instructor candidates through rules adopted pursuant to this Act.
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(2) Prescribe testing requirements for EMS Lead
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Instructor candidates through rules adopted pursuant to this Act.
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(3) Charge each candidate for EMS Lead Instructor a
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fee to be submitted with an application for an examination.
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(4) Approve individuals as EMS Lead Instructors who
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have met the Department's education and testing requirements.
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(5) Require that all education, training and
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continuing education courses for EMT‑B, EMT‑I, EMT‑P, Pre‑Hospital RN, ECRN, First Responder 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.
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(6) Provide standards and procedures for awarding
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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.
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(7) Suspend or revoke the approval of an EMS Lead
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Instructor, after an opportunity for a hearing, when findings show one or more of the following:
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(A) The EMS Lead Instructor has failed to
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conduct a course in accordance with the curriculum prescribed by this Act and rules adopted by the Department pursuant to this Act; or
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(B) The EMS Lead Instructor has failed to comply
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with protocols prescribed by the Department through rules adopted pursuant to this Act.
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(Source: P.A. 89‑177, eff. 7‑19‑95.)
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(210 ILCS 50/3.70)
Sec. 3.70.
Emergency Medical Dispatcher.
(a) "Emergency Medical Dispatcher" means a person
who has successfully completed a training course in emergency medical
dispatching meeting or
exceeding the national curriculum of the United States
Department of Transportation in accordance with rules
adopted by the Department pursuant to this Act, who accepts
calls from the public for emergency medical services and
dispatches designated emergency medical services personnel
and vehicles. The Emergency Medical Dispatcher must use the
Department‑approved
emergency medical dispatch priority reference system (EMDPRS) protocol
selected for use by its agency and approved by its EMS medical director. This
protocol must be used by an emergency medical dispatcher in an emergency
medical dispatch agency to dispatch aid to medical emergencies which includes
systematized caller interrogation questions; systematized prearrival support
instructions; and systematized coding protocols that match the dispatcher's
evaluation of the injury or illness severity with the vehicle response mode and
vehicle response configuration and includes an appropriate training curriculum
and testing process consistent with the specific EMDPRS protocol used by the
emergency medical dispatch agency. Prearrival support instructions shall
be provided in a non‑discriminatory manner and shall be provided in accordance
with the EMDPRS established by the EMS medical director of the EMS system in
which the EMD operates. If the dispatcher
operates under the authority of an Emergency Telephone
System Board established under the Emergency Telephone
System Act, the protocols shall be established by such Board
in consultation with the EMS Medical Director. Persons who
have already completed a course of instruction in emergency
medical dispatch based on, equivalent to or exceeding the
national curriculum of the United States Department of
Transportation, or as otherwise approved by the Department,
shall be considered Emergency Medical Dispatchers on the
effective date of this amendatory Act.
(b) The Department shall have the authority and
responsibility to:
(1) Require certification and recertification of a |
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person who meets the training and other requirements as an emergency medical dispatcher pursuant to this Act.
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(2) Require certification and recertification of a
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person, organization, or government agency that operates an emergency medical dispatch agency that meets the minimum standards prescribed by the Department for an emergency medical dispatch agency pursuant to this Act.
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(3) Prescribe minimum education and continuing
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education requirements for the Emergency Medical Dispatcher, which meet the national curriculum of the United States Department of Transportation, through rules adopted pursuant to this Act.
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(4) Require each EMS Medical Director to report to
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the Department whenever an action has taken place that may require the revocation or suspension of a certificate issued by the Department.
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(5) Require each EMD to provide prearrival
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instructions in compliance with protocols selected and approved by the system's EMS medical director and approved by the Department.
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(6) Require the Emergency Medical Dispatcher to keep
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the Department currently informed as to the entity or agency that employs or supervises his activities as an Emergency Medical Dispatcher.
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(7) Establish an annual recertification requirement
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that requires at least 12 hours of medical dispatch‑specific continuing education each year.
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(8) Approve all EMDPRS protocols used by emergency
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medical dispatch agencies to assure compliance with national standards.
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(9) Require that Department‑approved emergency
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medical dispatch training programs are conducted in accordance with national standards.
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(10) Require that the emergency medical dispatch
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agency be operated in accordance with national standards, including, but not limited to, (i) the use on every request for medical assistance of an emergency medical dispatch priority reference system (EMDPRS) in accordance with Department‑approved policies and procedures and (ii) under the approval and supervision of the EMS medical director, the establishment of a continuous quality improvement program.
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(11) Require that a person may not represent himself
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or herself, nor may an agency or business represent an agent or employee of that agency or business, as an emergency medical dispatcher unless certified by the Department as an emergency medical dispatcher.
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(12) Require that a person, organization, or
|
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government agency not represent itself as an emergency medical dispatch agency unless the person, organization, or government agency is certified by the Department as an emergency medical dispatch agency.
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(13) Require that a person, organization, or
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government agency may not offer or conduct a training course that is represented as a course for an emergency medical dispatcher unless the person, organization, or agency is approved by the Department to offer or conduct that course.
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(14) Require that Department‑approved emergency
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medical dispatcher training programs are conducted by instructors licensed by the Department who:
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(i) are, at a minimum, certified as emergency
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(ii) have completed a Department‑approved course
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on methods of instruction;
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(iii) have previous experience in a medical
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(iv) have demonstrated experience as an EMS
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(15) Establish criteria for modifying or waiving
|
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Emergency Medical Dispatcher requirements based on (i) the scope and frequency of dispatch activities and the dispatcher's access to training or (ii) whether the previously‑attended dispatcher training program merits automatic recertification for the dispatcher.
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(Source: P.A. 92‑506, eff. 1‑1‑02.)
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(210 ILCS 50/3.75)
Sec. 3.75.
Trauma Nurse Specialist (TNS) Certification.
(a) "Trauma Nurse Specialist" or "TNS"
means a registered professional nurse who has successfully completed
education and testing requirements as prescribed by the
Department, and is certified by the Department in accordance
with rules adopted by the Department pursuant to this Act.
(b) The Department shall have the authority and
responsibility to:
(1) Establish criteria for TNS training sites, |
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through rules adopted pursuant to this Act;
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(2) Prescribe education and testing requirements for
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TNS candidates, which shall include an opportunity for certification based on examination only, through rules adopted pursuant to this Act;
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(3) Charge each candidate for TNS certification a
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fee to be submitted with an application for a certification examination;
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(4) Certify an individual as a TNS who has met the
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Department's education and testing requirements;
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(5) Prescribe recertification requirements through
|
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rules adopted to this Act;
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(6) Recertify an individual as a TNS every 4 years,
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based on compliance with recertification requirements;
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(7) Grant inactive status to any TNS who qualifies,
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based on standards and procedures established by the Department in rules adopted pursuant to this Act; and
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(8) Suspend, revoke or deny renewal of the
|
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certification of a TNS, after an opportunity for hearing by the Department, if findings show that the TNS has failed to maintain proficiency in the level of skills for which the TNS is certified or has failed to comply with recertification requirements.
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(Source: P.A. 89‑177, eff. 7‑19‑95.)
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(210 ILCS 50/3.80)
Sec. 3.80.
Pre‑Hospital RN and Emergency Communications Registered Nurse.
(a) Emergency Communications Registered Nurse or
"ECRN" means a registered professional nurse, licensed under
the Nursing and Advanced Practice Nursing 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.
Upon the effective date of this amendatory Act of 1995, all
existing Registered Professional Nurse/MICNs shall be
considered ECRNs.
(b) "Pre‑Hospital Registered Nurse" or
"Pre‑Hospital RN" means a registered professional nurse, licensed under
the Nursing and Advanced Practice Nursing 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 EMS System as emergency medical services personnel
for pre‑hospital and inter‑hospital emergency care and
non‑emergency medical transports.
Upon the effective date of this amendatory Act of 1995, all
existing Registered Professional Nurse/Field RNs shall be
considered Pre‑Hospital RNs.
(c) The Department shall have the authority and
responsibility to:
(1) Prescribe education and continuing education |
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requirements for Pre‑Hospital RN and ECRN candidates through rules adopted pursuant to this Act:
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(A) Education for Pre‑Hospital RN shall include
|
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extrication, telecommunications, and pre‑hospital cardiac and trauma care;
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(B) Education for ECRN shall include
|
|
telecommunications, System standing medical orders and the procedures and protocols established by the EMS Medical Director;
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(C) A Pre‑Hospital RN candidate who is
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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;
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(D) An EMS Medical Director may impose in‑field
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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 EMT, only when authorized by the EMS Medical Director;
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(2) Require EMS Medical Directors to reapprove
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Pre‑Hospital RNs and ECRNs every 4 years, based on compliance with continuing education requirements prescribed by the Department through rules adopted pursuant to this Act;
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(3) Allow EMS Medical Directors to grant inactive
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status to any Pre‑Hospital RN or ECRN who qualifies, based on standards and procedures established by the Department in rules adopted pursuant to this Act;
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(4) Require a Pre‑Hospital RN to honor Do Not
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|
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.
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(Source: P.A. 89‑177, eff. 7‑19‑95; 90‑742, eff. 8‑13‑98.)
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(210 ILCS 50/3.85)
Sec. 3.85.
Vehicle Service Providers.
(a) "Vehicle Service Provider" means an entity
licensed by the Department to provide emergency or
non‑emergency medical services in compliance with this Act,
the rules promulgated by the Department pursuant to this
Act, and an operational plan approved by its EMS System(s),
utilizing at least ambulances or specialized emergency
medical service vehicles (SEMSV).
(1) "Ambulance" means any publicly or privately |
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owned on‑road vehicle that is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained or operated for the emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless, or the non‑emergency medical transportation of persons who require the presence of medical personnel to monitor the individual's condition or medical apparatus being used on such individuals.
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(2) "Specialized Emergency Medical Services Vehicle"
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or "SEMSV" means a vehicle or conveyance, other than those owned or operated by the federal government, that is primarily intended for use in transporting the sick or injured by means of air, water, or ground transportation, that is not an ambulance as defined in this Act. The term includes watercraft, aircraft and special purpose ground transport vehicles or conveyances not intended for use on public roads.
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(3) An ambulance or SEMSV may also be designated as
|
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a Limited Operation Vehicle or Special‑Use Vehicle:
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(A) "Limited Operation Vehicle" means a vehicle
|
|
which is licensed by the Department to provide basic, intermediate or advanced life support emergency or non‑emergency medical services that are exclusively limited to specific events or locales.
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(B) "Special‑Use Vehicle" means any publicly or
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privately owned vehicle that is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained or operated solely for the emergency or non‑emergency transportation of a specific medical class or category of persons who are sick, injured, wounded or otherwise incapacitated or helpless (e.g. high‑risk obstetrical patients, neonatal patients).
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(b) The Department shall have the authority and
responsibility to:
(1) Require all Vehicle Service Providers, both
|
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publicly and privately owned, to function within an EMS System;
|
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(2) Require a Vehicle Service Provider utilizing
|
|
ambulances to have a primary affiliation with an EMS System within the EMS Region in which its Primary Service Area is located, which is the geographic areas in which the provider renders the majority of its emergency responses. This requirement shall not apply to Vehicle Service Providers which exclusively utilize Limited Operation Vehicles;
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(3) Establish licensing standards and requirements
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|
for Vehicle Service Providers, through rules adopted pursuant to this Act, including but not limited to:
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(A) Vehicle design, specification, operation and
|
|
(B) Equipment requirements;
(C) Staffing requirements; and
(D) Annual license renewal.
(4) License all Vehicle Service Providers that have
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|
met the Department's requirements for licensure, unless such Provider is owned or licensed by the federal government. All Provider licenses issued by the Department shall specify the level and type of each vehicle covered by the license (BLS, ILS, ALS, ambulance, SEMSV, limited operation vehicle, special use vehicle);
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(5) Annually inspect all licensed Vehicle Service
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|
Providers, and relicense such Providers that have met the Department's requirements for license renewal;
|
|
(6) Suspend, revoke, refuse to issue or refuse to
|
|
renew the license of any Vehicle Service Provider, or that portion of a license pertaining to a specific vehicle operated by the Provider, after an opportunity for a hearing, when findings show that the Provider or one or more of its vehicles has failed to comply with the standards and requirements of this Act or rules adopted by the Department pursuant to this Act;
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|
(7) Issue an Emergency Suspension Order for any
|
|
Provider or vehicle licensed under this Act, when the Director or his designee has determined that an immediate and serious danger to the public health, safety and welfare exists. Suspension or revocation proceedings which offer an opportunity for hearing shall be promptly initiated after the Emergency Suspension Order has been issued;
|
|
(8) Exempt any licensed vehicle from subsequent
|
|
vehicle design standards or specifications required by the Department, as long as said vehicle is continuously in compliance with the vehicle design standards and specifications originally applicable to that vehicle, or until said vehicle's title of ownership is transferred;
|
|
(9) Exempt any vehicle (except an SEMSV) which was
|
|
being used as an ambulance on or before December 15, 1980, from vehicle design standards and specifications required by the Department, until said vehicle's title of ownership is transferred. Such vehicles shall not be exempt from all other licensing standards and requirements prescribed by the Department;
|
|
(10) Prohibit any Vehicle Service Provider from
|
|
advertising, identifying its vehicles, or disseminating information in a false or misleading manner concerning the Provider's type and level of vehicles, location, primary service area, response times, level of personnel, licensure status or System participation; and
|
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(11) Charge each Vehicle Service Provider a fee, to
|
|
be submitted with each application for licensure and license renewal, which shall not exceed $25.00 per vehicle, up to $500.00 per Provider.
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(Source: P.A. 89‑177, eff. 7‑19‑95.)
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(210 ILCS 50/3.90)
Sec. 3.90.
Trauma Center Designations.
(a) "Trauma Center" means a hospital which: (1)
within designated capabilities provides optimal care to
trauma patients; (2) participates in an approved EMS System;
and (3) is duly designated pursuant to the provisions of
this Act. Level I Trauma Centers shall provide all
essential services in‑house, 24 hours per day, in accordance
with rules adopted by the Department pursuant to this Act.
Level II Trauma Centers shall have some essential services
available in‑house, 24 hours per day, and other essential
services readily available, 24 hours per day, in accordance
with rules adopted by the Department pursuant to this Act.
(b) The Department shall have the authority and
responsibility to:
(1) Establish minimum standards for designation as a |
|
Level I or Level II Trauma Center, consistent with Sections 22 and 23 of this Act, through rules adopted pursuant to this Act;
|
|
(2) Require hospitals applying for trauma center
|
|
designation to submit a plan for designation in a manner and form prescribed by the Department through rules adopted pursuant to this Act;
|
|
(3) Upon receipt of a completed plan for
|
|
designation, conduct a site visit to inspect the hospital for compliance with the Department's minimum standards. Such visit shall be conducted by specially qualified personnel with experience in the delivery of emergency medical and/or trauma care. A report of the inspection shall be provided to the Director within 30 days of the completion of the site visit. The report shall note compliance or lack of compliance with the individual standards for designation, but shall not offer a recommendation on granting or denying designation;
|
|
(4) Designate applicant hospitals as Level I or
|
|
Level II Trauma Centers which meet the minimum standards established by this Act and the Department. Beginning September 1, 1997 the Department shall designate a new trauma center only when a local or regional need for such trauma center has been identified. The Department shall request an assessment of local or regional need from the applicable EMS Region's Trauma Center Medical Directors Committee, with advice from the Regional Trauma Advisory Committee. This shall not be construed as a needs assessment for health planning or other purposes outside of this Act;
|
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(5) Attempt to designate trauma centers in all areas
|
|
of the State. There shall be at least one Level I Trauma Center serving each EMS Region, unless waived by the Department. This subsection shall not be construed to require a Level I Trauma Center to be located in each EMS Region. Level I Trauma Centers shall serve as resources for the Level II Trauma Centers in the EMS Regions. The extent of such relationships shall be defined in the EMS Region Plan;
|
|
(6) Inspect designated trauma centers to assure
|
|
compliance with the provisions of this Act and the rules adopted pursuant to this Act. Information received by the Department through filed reports, inspection, or as otherwise authorized under this Act shall not be disclosed publicly in such a manner as to identify individuals or hospitals, except in proceedings involving the denial, suspension or revocation of a trauma center designation or imposition of a fine on a trauma center;
|
|
(7) Renew trauma center designations every 2 years,
|
|
after an on‑site inspection, based on compliance with renewal requirements and standards for continuing operation, as prescribed by the Department through rules adopted pursuant to this Act;
|
|
(8) Refuse to issue or renew a trauma center
|
|
designation, after providing an opportunity for a hearing, when findings show that it does not meet the standards and criteria prescribed by the Department;
|
|
(9) Review and determine whether a trauma center's
|
|
annual morbidity and mortality rates for trauma patients significantly exceed the State average for such rates, using a uniform recording methodology based on nationally recognized standards. Such determination shall be considered as a factor in any decision by the Department to renew or refuse to renew a trauma center designation under this Act, but shall not constitute the sole basis for refusing to renew a trauma center designation;
|
|
(10) Take the following action, as appropriate,
|
|
after determining that a trauma center is in violation of this Act or any rule adopted pursuant to this Act:
|
|
(A) If the Director determines that the
|
|
violation presents a substantial probability that death or serious physical harm will result and if the trauma center fails to eliminate the violation immediately or within a fixed period of time, not exceeding 10 days, as determined by the Director, the Director may immediately revoke the trauma center designation. The trauma center may appeal the revocation within 15 days after receiving the Director's revocation order, by requesting a hearing as provided by Section 29 of this Act. The Director shall notify the chair of the Region's Trauma Center Medical Directors Committee and EMS Medical Directors for appropriate EMS Systems of such trauma center designation revocation;
|
|
(B) If the Director determines that the
|
|
violation does not present a substantial probability that death or serious physical harm will result, the Director shall issue a notice of violation and request a plan of correction which shall be subject to the Department's approval. The trauma center shall have 10 days after receipt of the notice of violation in which to submit a plan of correction. The Department may extend this period for up to 30 days. The plan shall include a fixed time period not in excess of 90 days within which violations are to be corrected. The plan of correction and the status of its implementation by the trauma center shall be provided, as appropriate, to the EMS Medical Directors for appropriate EMS Systems. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the trauma center. The trauma center shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the trauma center shall follow an approved plan of correction imposed by the Department. If, after notice and opportunity for hearing, the Director determines that a trauma center has failed to comply with an approved plan of correction, the Director may revoke the trauma center designation. The trauma center shall have 15 days after receiving the Director's notice in which to request a hearing. Such hearing shall conform to the provisions of Section 30 of this Act;
|
|
(11) The Department may delegate authority to local
|
|
health departments in jurisdictions which include a substantial number of trauma centers. The delegated authority to those local health departments shall include, but is not limited to, the authority to designate trauma centers with final approval by the Department, maintain a regional data base with concomitant reporting of trauma registry data, and monitor, inspect and investigate trauma centers within their jurisdiction, in accordance with the requirements of this Act and the rules promulgated by the Department;
|
|
(A) The Department shall monitor the performance
|
|
of local health departments with authority delegated pursuant to this Section, based upon performance criteria established in rules promulgated by the Department;
|
|
(B) Delegated authority may be revoked for
|
|
substantial non‑compliance with the Department's rules. Notice of an intent to revoke shall be served upon the local health department by certified mail, stating the reasons for revocation and offering an opportunity for an administrative hearing to contest the proposed revocation. The request for a hearing must be received by the Department within 10 working days of the local health department's receipt of notification;
|
|
(C) The director of a local health department
|
|
may relinquish its delegated authority upon 60 days written notification to the Director of Public Health.
|
|
(Source: P.A. 89‑177, eff. 7‑19‑95.)
|
(210 ILCS 50/3.150)
Sec. 3.150.
Immunity from civil liability.
(a) Any person, agency or governmental body certified,
licensed or authorized pursuant to this Act or rules
thereunder, who in good faith provides emergency or
non‑emergency medical services during a Department approved
training course, in the normal course of conducting their
duties, or in an emergency, shall not be civilly liable as a
result of their acts or omissions in providing such services
unless such acts or omissions, including the bypassing of
nearby hospitals or medical facilities in accordance with
the protocols developed pursuant to this Act, constitute
willful and wanton misconduct.
(b) No person, including any private or
governmental organization or institution that administers, sponsors,
authorizes, supports, finances, educates or supervises the
functions of emergency medical services personnel certified,
licensed or authorized pursuant to this Act, including
persons participating in a Department approved training
program, shall be liable for any civil damages for any act
or omission in connection with administration, sponsorship,
authorization, support, finance, education or supervision of
such emergency medical services personnel, where the act or
omission occurs in connection with activities within the
scope of this Act, unless the act or omission was the result
of willful and wanton misconduct.
(c) Exemption from civil liability for emergency care is as provided in
the Good Samaritan Act.
(d) No local agency, entity of State or local
government, or other public or private organization, nor any
officer, director, trustee, employee, consultant or agent of
any such entity, which sponsors, authorizes, supports,
finances, or supervises the training of persons in a basic
cardiopulmonary resuscitation course which complies with
generally recognized standards, shall be liable for damages
in any civil action based on the training of such persons
unless an act or omission during the course of instruction
constitutes willful and wanton misconduct.
(e) No person who is certified to teach basic
cardiopulmonary resuscitation, and who teaches a course of
instruction which complies with generally recognized
standards for basic cardiopulmonary resuscitation, shall be
liable for damages in any civil action based on the acts or
omissions of a person who received such instruction, unless
an act or omission during the course of such instruction
constitutes willful and wanton misconduct.
(f) No member or alternate of the State Emergency
Medical Services Disciplinary Review Board or a local System
review board who in good faith exercises his
responsibilities under this Act shall be liable for damages
in any civil action based on such activities unless an act
or omission during the course of such activities constitutes
willful and wanton misconduct.
(g) No EMS Medical Director who in good faith
exercises his responsibilities under this Act
shall be liable for
damages in any civil action based on such activities unless
an act or omission during the course of such activities
constitutes willful and wanton misconduct.
(h) Nothing in this Act shall be construed to
create a cause of action or any civil liabilities.
(Source: P.A. 89‑177, eff. 7‑19‑95; 89‑607, eff. 1‑1‑97.)
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(210 ILCS 50/3.200)
Sec. 3.200.
State Emergency Medical Services Advisory
Council.
(a) There shall be established within the Department
of Public Health a State Emergency Medical Services Advisory
Council, which shall serve as an advisory body to the
Department on matters related to this Act.
(b) Membership of the Council shall include one
representative from each EMS Region, to be appointed by each
region's EMS Regional Advisory Committee. The Governor
shall appoint additional members to the Council as necessary
to insure that the Council includes one representative from
each of the following categories:
(1) EMS Medical Director,
(2) Trauma Center Medical Director,
(3) Licensed, practicing physician with regular and |
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frequent involvement in the provision of emergency care,
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(4) Licensed, practicing physician with special
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expertise in the surgical care of the trauma patient,
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(5) EMS System Coordinator,
(6) TNS,
(7) EMT‑P,
(8) EMT‑I,
(9) EMT‑B,
(10) Private vehicle service provider,
(11) Law enforcement officer,
(12) Chief of a public vehicle service provider,
(13) Statewide firefighters' union member affiliated
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with a vehicle service provider,
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(14) Administrative representative from a fire
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department vehicle service provider in a municipality with a population of over 2 million people;
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(15) Administrative representative from a Resource
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Hospital or EMS System Administrative Director.
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(c) Of the members first appointed, 5 members
shall be appointed for a term of one year, 5 members shall be
appointed for a term of 2 years, and the remaining members
shall be appointed for a term of 3 years. The terms of
subsequent appointees shall be 3 years. All appointees
shall serve until their successors are appointed and
qualified.
(d) The Council shall be provided a 90‑day period
in which to review and comment upon all rules proposed by the
Department pursuant to this Act, except for rules adopted
pursuant to Section 3.190(a) of this Act, rules submitted to
the State Trauma Advisory Council and emergency rules
adopted pursuant to Section 5‑45 of the Illinois
Administrative Procedure Act. The 90‑day review and comment
period may commence upon the Department's submission of the
proposed rules to the individual Council members, if the
Council is not meeting at the time the proposed rules are
ready for Council review. Any non‑emergency rules adopted
prior to the Council's 90‑day review and comment period
shall be null and void. If the Council fails to advise the
Department within its 90‑day review and comment period, the
rule shall be considered acted upon.
(e) Council members shall be reimbursed for
reasonable travel expenses incurred during the performance of their
duties under this Section.
(f) The Department shall provide administrative
support to the Council for the preparation of the agenda and
minutes for Council meetings and distribution of proposed
rules to Council members.
(g) The Council shall act pursuant to bylaws which
it adopts, which shall include the annual election of a Chair
and Vice‑Chair.
(h) The Director or his designee shall be present
at all Council meetings.
(i) Nothing in this Section shall preclude the
Council from reviewing and commenting on proposed rules which fall
under the purview of the State Trauma Advisory Council.
(Source: P.A. 89‑177, eff. 7‑19‑95; 90‑655, eff. 7‑30‑98.)
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(210 ILCS 50/32.5)
Sec. 32.5.
Freestanding Emergency Center.
(a) The Department shall issue an annual Freestanding Emergency Center (FEC)
license to any facility that:
(1) is located: (i)(A) in a municipality with a |
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population of 75,000 or fewer inhabitants; (B) within 15 miles of the hospital that owns or controls the FEC; and (C) within 10 miles of the Resource Hospital affiliated with the FEC as part of the EMS System; or (ii) (A) in a municipality that has a hospital that has been providing emergency services but is expected to close by the end of 1997 and (B) in a county with a population of more than 350,000 but less than 525,000 inhabitants;
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(2) is wholly owned or controlled by an Associate or
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Resource Hospital, but is not a part of the hospital's physical plant;
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(3) meets the standards for licensed FECs, adopted
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by rule of the Department, including, but not limited to:
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(A) facility design, specification, operation,
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and maintenance standards;
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(B) equipment standards; and
(C) the number and qualifications of emergency
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medical personnel and other staff, which must include at least one board certified emergency physician present at the FEC 24 hours per day.
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(4) limits its participation in the EMS System
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strictly to receiving a limited number of BLS runs by emergency medical vehicles according to protocols developed by the Resource Hospital within the FEC's designated EMS System and approved by the Project Medical Director and the Department;
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(5) provides comprehensive emergency treatment
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services, as defined in the rules adopted by the Department pursuant to the Hospital Licensing Act, 24 hours per day, on an outpatient basis;
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(6) provides an ambulance and maintains on site
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ambulance services staffed with paramedics 24 hours per day;
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(7) maintains helicopter landing capabilities
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approved by appropriate State and federal authorities;
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(8) complies with all State and federal patient
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rights provisions, including, but not limited to, the Emergency Medical Treatment Act and the federal Emergency Medical Treatment and Active Labor Act;
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(9) maintains a communications system that is fully
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integrated with its Resource Hospital within the FEC's designated EMS System;
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(10) reports to the Department any patient transfers
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from the FEC to a hospital within 48 hours of the transfer plus any other data determined to be relevant by the Department;
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(11) submits to the Department, on a quarterly
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basis, the FEC's morbidity and mortality rates for patients treated at the FEC and other data determined to be relevant by the Department;
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(12) does not describe itself or hold itself out to
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the general public as a full service hospital or hospital emergency department in its advertising or marketing activities;
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(13) complies with any other rules adopted by the
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Department under this Act that relate to FECs;
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(14) passes the Department's site inspection for
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compliance with the FEC requirements of this Act;
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(15) submits a copy of a certificate of need or
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other permit issued by the Illinois Health Facilities Planning Board indicating that the facility that will house the proposed FEC complies with State health planning laws; provided, however, that the Illinois Health Facilities Planning Board shall waive this certificate of need or permit requirement for any proposed FEC that, as of the effective date of this amendatory Act of 1996, meets the criteria for providing comprehensive emergency treatment services, as defined by the rules promulgated under the Hospital Licensing Act, but is not a licensed hospital;
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(16) submits an application for designation as an
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FEC in a manner and form prescribed by the Department by rule;
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(17) pays the annual license fee as determined by
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the Department by rule; and
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(18) participated in the demonstration program.
(b) The Department shall:
(1) annually inspect facilities of initial FEC
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applicants and licensed FECs, and issue annual licenses to or annually relicense FECs that satisfy the Department's licensure requirements as set forth in subsection (a);
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(2) suspend, revoke, refuse to issue, or refuse to
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renew the license of any FEC, after notice and an opportunity for a hearing, when the Department finds that the FEC has failed to comply with the standards and requirements of the Act or rules adopted by the Department under the Act;
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(3) issue an Emergency Suspension Order for any FEC
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when the Director or his or her designee has determined that the continued operation of the FEC poses an immediate and serious danger to the public health, safety, and welfare. An opportunity for a hearing shall be promptly initiated after an Emergency Suspension Order has been issued; and
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(4) adopt rules as needed to implement this Section.
(Source: P.A. 93‑372, eff. 1‑1‑04.)
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(210 ILCS 50/33)
Sec. 33.
Continuation of Act; validation.
(a) The General Assembly finds and declares that:
(1) When the Emergency Medical Services (EMS) |
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Systems Act was originally enacted by Public Act 81‑1518, effective December 15, 1980, it included a Section 25, which repealed the Act on January 1, 1986. This Section appeared in the Laws of Illinois, but was not included in Illinois revised statutes.
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(2) Public Act 84‑1064, effective November 27, 1985,
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added a new Section 25, relating to violations and penalties; it did not explicitly refer to or strike out the existing Section 25. The new Section 25 is the only Section 25 to appear in subsequent publications of the Illinois Revised Statutes.
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(3) The Statute on Statutes sets forth general rules
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on the repeal of statutes and the construction of multiple amendments, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute".
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(4) The General Assembly later amended the Emergency
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Medical Services (EMS) Systems Act in Public Act 84‑1404, effective September 18, 1986, which contained important provisions for establishing trauma centers throughout the State. The Act has also been amended by every subsequent General Assembly, and has been administered without interruption by the Illinois Department of Public Health.
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(5) This history of continuing amendments to the
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Emergency Medical Services (EMS) Systems Act, including the addition of important new programs, clearly manifests the intention of the General Assembly to remove the old Section 25 repealer and have the Act continue in effect beyond January 1, 1986.
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(6) The Emergency Medical Services (EMS) Systems Act
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contains a number of programs that are essential to the continuing health and safety of the people of this State. Any construction of Section 25 that results in the repeal of the Act on January 1, 1986 would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of the statute, and would create serious potential risks to the health and safety of the people of Illinois.
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(b) It is hereby declared to have been the intent of the General Assembly,
in enacting Public Act 84‑1064, that the old Section 25 be replaced by the new
Section 25, and that the Act therefore not be subject to repeal on January 1,
1986.
(c) The Emergency Medical Services (EMS) Systems Act shall be deemed to have
been in continuous effect since its enactment, and it shall continue to be in
effect henceforward until it is otherwise lawfully repealed. All previously
enacted amendments to the Act taking effect on or after January 1, 1986, are
hereby validated.
(d) All actions taken in reliance on or pursuant to the Emergency Medical
Services (EMS) Systems Act by the Illinois Department of Public Health or any
other person or entity are hereby validated.
(e) In order to ensure the continuing effectiveness of this Act, it is set
forth in full and re‑enacted by this amendatory Act of 1993. This re‑enactment
is intended as a continuation of the Act. It is not intended to supersede any
amendment to the Act that is enacted by the 88th General Assembly.
(f) This Act applies to all claims, civil actions, and proceedings pending
on or filed on or before the effective date of this Act.
(Source: P.A. 88‑1.)
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