(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
| 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. | |
(2) Monitor EMS Systems, based on minimum standards |
| 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. | |
(3) Renew EMS System approvals every 4 years, after |
| an inspection, based on compliance with the standards for continuing operation prescribed in rules adopted by the Department pursuant to this Act. | |
(4) Suspend, revoke, or refuse to renew approval of |
| 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. | |
(5) Require each EMS System to adopt written |
| 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. | |
(6) Require that the EMS Medical Director of an ILS |
| 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: | |
(A) Have experience on an EMS vehicle at the |
| 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; | |
(B) Be thoroughly knowledgeable of all skills |
| included in the scope of practices of all levels of EMS personnel within the System; | |
(C) Have or make provision to gain experience |
| instructing students at a level similar to that of the levels of EMS personnel within the System; and | |
(D) For ILS and ALS EMS Medical Directors, |
| successfully complete a Department‑approved EMS Medical Director's Course. | |
(7) Prescribe statewide EMS data elements to be |
| 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. | |
(8) Define, through rules adopted pursuant to this |
| 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". | |
(A) Upon the effective date of this amendatory |
| 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; | |
(B) Upon the effective date of this amendatory |
| Act of 1995, all existing EMS System Project Directors shall be considered EMS Administrative Directors. | |
(9) Investigate the circumstances that caused a |
| 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. | |
(10) Evaluate the capacity and performance of any |
| freestanding emergency center established under Section 32.5 of this Act in meeting emergency medical service needs of the public, including compliance with applicable emergency medical standards and assurance of the availability of and immediate access to the highest quality of medical care possible. | |
(Source: P.A. 95‑584, eff. 8‑31‑07.) |
(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
| 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); | |
(2) Regional standing medical orders;
(3) Patient transfer patterns, including 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; | |
(4) Protocols for resolving Regional or Inter‑System |
|
(5) An EMS disaster preparedness plan which includes |
| 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; | |
(6) Regional standardization of continuing education |
|
(7) Regional standardization of Do Not Resuscitate |
| (DNR) policies, and protocols for power of attorney for health care; | |
(8) Protocols for disbursement of Department grants; |
|
(9) Protocols for the triage, treatment, and |
| transport of possible acute stroke patients. | |
(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 |
| 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); | |
(3) Regional trauma standing medical orders;
(4) Trauma patient transfer patterns, including |
| 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; | |
(5) The identification of which types of patients |
| can be cared for by Level I and Level II Trauma Centers; | |
(6) Criteria for inter‑hospital transfer of trauma |
|
(7) The treatment of trauma patients in each trauma |
| center within the Region; | |
(8) A program for conducting a quarterly conference |
| which shall include at a minimum a discussion of morbidity and mortality between all professional staff involved in the care of trauma patients; | |
(9) The establishment of a Regional trauma quality |
| 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 | |
(10) The establishment, within 90 days of the |
| 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. | |
(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. 96‑514, eff. 1‑1‑10.) |
(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 |
| 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. | |
(2) If the local System review board reverses or |
| modifies the EMS Medical Director's suspension order, the EMS Medical Director shall have the opportunity for a review of the local board's decision by the State EMS Disciplinary Review Board, pursuant to Section 3.45 of this Act. | |
(3) The suspension shall commence only upon the |
| occurrence of one of the following: | |
(A) the EMT or provider has waived the |
| opportunity for a hearing before the local System review board; or | |
(B) the suspension order has been affirmed or |
| modified by the local board and the EMT or provider has waived the opportunity for review by the State Board; or | |
(C) the suspension order has been affirmed or |
| modified by the local board, and the local board's decision has been affirmed or modified by the State Board. | |
(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 |
| 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. | |
(2) Within 24 hours following the commencement of |
| 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. | |
(3) Within 24 hours following receipt of the EMS |
| 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. | |
(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 |
| 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. | |
(2) If the local System review board reverses or |
| modifies the EMS Medical Director's suspension order, the EMS Medical Director shall have the opportunity for a review of the local board's decision by the State EMS Disciplinary Review Board, pursuant to Section 3.45 of this Act. | |
(3) The EMT or provider may elect to bypass the |
| local System review board and seek direct review of the EMS Medical Director's suspension order by the State EMS Disciplinary Review Board. | |
(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.) |
(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,
| 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. | |
(2) Prescribe licensure testing requirements for all |
| 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. | |
(2.5) Review applications for EMT licensure from |
| honorably discharged members of the armed forces of the United States with military emergency medical training. Applications shall be filed with the Department within one year after military discharge and shall contain: (i) proof of successful completion of military emergency medical training; (ii) a detailed description of the emergency medical curriculum completed; and (iii) a detailed description of the applicant's clinical experience. The Department may request additional and clarifying information. The Department shall evaluate the application, including the applicant's training and experience, consistent with the standards set forth under subsections (a), (b), (c), and (d) of Section 3.10. If the application clearly demonstrates that the training and experience meets such standards, the Department shall offer the applicant the opportunity to successfully complete a Department‑approved EMT examination for which the applicant is qualified. Upon passage of an examination, the Department shall issue a license, which shall be subject to all provisions of this Act that are otherwise applicable to the class of EMT license issued. | |
(3) License individuals as an EMT‑B, EMT‑I, or EMT‑P |
| who have met the Department's education, training and testing requirements. | |
(4) Prescribe annual continuing education and |
| relicensure requirements for all levels of EMT. | |
(5) Relicense individuals as an EMT‑B, EMT‑I, or |
| EMT‑P every 4 years, based on their compliance with continuing education and relicensure requirements. | |
(6) Grant inactive status to any EMT who qualifies, |
| based on standards and procedures established by the Department in rules adopted pursuant to this Act. | |
(7) Charge each candidate for EMT a fee to be |
| submitted with an application for a licensure examination. | |
(8) Suspend, revoke, or refuse to renew the license |
| of an EMT, after an opportunity for a hearing, when findings show one or more of the following: | |
(A) The EMT has not met continuing education or |
| relicensure requirements as prescribed by the Department; | |
(B) The EMT has failed to maintain proficiency |
| in the level of skills for which he or she is licensed; | |
(C) The EMT, during the provision of medical |
| services, engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public; | |
(D) The EMT has failed to maintain or has |
| violated standards of performance and conduct as prescribed by the Department in rules adopted pursuant to this Act or his or her EMS System's Program Plan; | |
(E) The EMT is physically impaired to the extent |
| that he or she cannot physically perform the skills and functions for which he or she is licensed, as verified by a physician, unless the person is on inactive status pursuant to Department regulations; | |
(F) The EMT is mentally impaired to the extent |
| that he or she cannot exercise the appropriate judgment, skill and safety for performing the functions for which he or she is licensed, as verified by a physician, unless the person is on inactive status pursuant to Department regulations; or | |
(G) The EMT has violated this Act or any rule |
| adopted by the Department pursuant to this Act. | |
The education requirements prescribed by the Department |
| 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. | |
(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. 96‑540, eff. 8‑17‑09.) |
(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 |
| person who meets the training and other requirements as an emergency medical dispatcher pursuant to this Act. | |
(2) Require certification and recertification of a |
| 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. | |
(3) Prescribe minimum education and continuing |
| 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. | |
(4) Require each EMS Medical Director to report to |
| the Department whenever an action has taken place that may require the revocation or suspension of a certificate issued by the Department. | |
(5) Require each EMD to provide prearrival |
| instructions in compliance with protocols selected and approved by the system's EMS medical director and approved by the Department. | |
(6) Require the Emergency Medical Dispatcher to keep |
| the Department currently informed as to the entity or agency that employs or supervises his activities as an Emergency Medical Dispatcher. | |
(7) Establish an annual recertification requirement |
| that requires at least 12 hours of medical dispatch‑specific continuing education each year. | |
(8) Approve all EMDPRS protocols used by emergency |
| medical dispatch agencies to assure compliance with national standards. | |
(9) Require that Department‑approved emergency |
| medical dispatch training programs are conducted in accordance with national standards. | |
(10) Require that the emergency medical dispatch |
| 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. | |
(11) Require that a person may not represent himself |
| 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. | |
(12) Require that a person, organization, or |
| 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. | |
(13) Require that a person, organization, or |
| 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. | |
(14) Require that Department‑approved emergency |
| medical dispatcher training programs are conducted by instructors licensed by the Department who: | |
(i) are, at a minimum, certified as emergency |
|
(ii) have completed a Department‑approved course |
| on methods of instruction; | |
(iii) have previous experience in a medical |
|
(iv) have demonstrated experience as an EMS |
|
(15) Establish criteria for modifying or waiving |
| 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. | |
(Source: P.A. 92‑506, eff. 1‑1‑02.) |
(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 |
| 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. | |
(2) "Specialized Emergency Medical Services Vehicle" |
| 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. | |
(3) An ambulance or SEMSV may also be designated as |
| a Limited Operation Vehicle or Special‑Use Vehicle: | |
(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. | |
(B) "Special‑Use Vehicle" means any publicly or |
| 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). | |
(b) The Department shall have the authority and responsibility to:
(1) Require all Vehicle Service Providers, both |
| publicly and privately owned, to function within an EMS System; | |
(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; | |
(3) Establish licensing standards and requirements |
| for Vehicle Service Providers, through rules adopted pursuant to this Act, including but not limited to: | |
(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 |
| 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); | |
(5) Annually inspect all licensed Vehicle Service |
| 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; | |
(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 | |
(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. | |
(Source: P.A. 89‑177, eff. 7‑19‑95.) |
(210 ILCS 50/3.86)
Sec. 3.86.
Stretcher van providers.
(a) In this Section, "stretcher van provider" means an entity licensed by the Department to provide non‑emergency transportation of passengers on a stretcher in compliance with this Act or the rules adopted by the Department pursuant to this Act, utilizing stretcher vans.
(b) The Department has the authority and responsibility to do the following:
(1) Require all stretcher van providers, both
| publicly and privately owned, to be licensed by the Department. | |
(2) Establish licensing and safety standards and |
| requirements for stretcher van providers, through rules adopted pursuant to this Act, including but not limited to: | |
(A) Vehicle design, specification, operation, and |
|
(B) Safety equipment requirements and standards.
(C) Staffing requirements.
(D) Annual license renewal.
(3) License all stretcher van providers that have met |
| the Department's requirements for licensure. | |
(4) Annually inspect all licensed stretcher van |
| providers, and relicense providers that have met the Department's requirements for license renewal. | |
(5) Suspend, revoke, refuse to issue, or refuse to |
| renew the license of any stretcher van provider, or that portion of a license pertaining to a specific vehicle operated by a 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 the rules adopted by the Department pursuant to this Act. | |
(6) Issue an emergency suspension order for any |
| provider or vehicle licensed under this Act when the Director or his or her designee has determined that an immediate or serious danger to the public health, safety, and welfare exists. Suspension or revocation proceedings that offer an opportunity for a hearing shall be promptly initiated after the emergency suspension order has been issued. | |
(7) Prohibit any stretcher van 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, response times, level of personnel, licensure status, or EMS System participation. | |
(8) Charge each stretcher van provider a fee, to be |
| submitted with each application for licensure and license renewal, which shall not exceed $25 per vehicle, up to $500 per provider. | |
(c) A stretcher van provider may provide transport of a passenger on a stretcher, provided the passenger meets all of the following requirements:
(1) He or she needs no medical equipment, except |
| self‑administered medications. | |
(2) He or she needs no medical monitoring or medical |
|
(3) He or she needs routine transportation to or from |
| a medical appointment or service if the passenger is convalescent or otherwise bed‑confined and does not require medical monitoring, aid, care, or treatment during transport. | |
(d) A stretcher van provider may not transport a passenger who meets any of the following conditions:
(1) He or she is currently admitted to a hospital or |
| is being transported to a hospital for admission or emergency treatment. | |
(2) He or she is acutely ill, wounded, or medically |
| unstable as determined by a licensed physician. | |
(3) He or she is experiencing an emergency medical |
| condition, an acute medical condition, an exacerbation of a chronic medical condition, or a sudden illness or injury. | |
(4) He or she was administered a medication that |
| might prevent the passenger from caring for himself or herself. | |
(5) He or she was moved from one environment where |
| 24‑hour medical monitoring or medical observation will take place by certified or licensed nursing personnel to another such environment. Such environments shall include, but not be limited to, hospitals licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act, and nursing facilities licensed under the Nursing Home Care Act. | |
(e) The Stretcher Van Licensure Fund is created as a |
| special fund within the State treasury. All fees received by the Department in connection with the licensure of stretcher van providers under this Section shall be deposited into the fund. Moneys in the fund shall be subject to appropriation to the Department for use in implementing this Section. | |
(Source: P.A. 96‑702, eff. 8‑25‑09.) |
(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; | |
(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 50/3.117)
Sec. 3.117.
Hospital Designations.
(a) The Department shall attempt to designate Primary Stroke Centers in all areas of the State.
(1) The Department shall designate as many certified
| Primary Stroke Centers as apply for that designation provided they are certified by a nationally‑recognized certifying body, approved by the Department, and certification criteria are consistent with the most current nationally‑recognized, evidence‑based stroke guidelines related to reducing the occurrence, disabilities, and death associated with stroke. | |
(2) A hospital certified as a Primary Stroke Center |
| by a nationally‑recognized certifying body approved by the Department, shall send a copy of the Certificate to the Department and shall be deemed, within 30 days of its receipt by the Department, to be a State‑designated Primary Stroke Center. | |
(3) With respect to a hospital that is a designated |
| Primary Stroke Center, the Department shall have the authority and responsibility to do the following: | |
(A) Suspend or revoke a hospital's Primary Stroke |
| Center designation upon receiving notice that the hospital's Primary Stroke Center certification has lapsed or has been revoked by the State recognized certifying body. | |
(B) Suspend a hospital's Primary Stroke Center |
| designation, in extreme circumstances where patients may be at risk for immediate harm or death, until such time as the certifying body investigates and makes a final determination regarding certification. | |
(C) Restore any previously suspended or revoked |
| Department designation upon notice to the Department that the certifying body has confirmed or restored the Primary Stroke Center certification of that previously designated hospital. | |
(D) Suspend a hospital's Primary Stroke Center |
| designation at the request of a hospital seeking to suspend its own Department designation. | |
(4) Primary Stroke Center designation shall remain |
| valid at all times while the hospital maintains its certification as a Primary Stroke Center, in good standing, with the certifying body. The duration of a Primary Stroke Center designation shall coincide with the duration of its Primary Stroke Center certification. Each designated Primary Stroke Center shall have its designation automatically renewed upon the Department's receipt of a copy of the accrediting body's certification renewal. | |
(5) A hospital that no longer meets |
| nationally‑recognized, evidence‑based standards for Primary Stroke Centers, or loses its Primary Stroke Center certification, shall immediately notify the Department and the Regional EMS Advisory Committee. | |
(b) The Department shall attempt to designate hospitals |
| as Emergent Stroke Ready Hospitals capable of providing emergent stroke care in all areas of the State. | |
(1) The Department shall designate as many |
| Emergent Stroke Ready Hospitals as apply for that designation as long as they meet the criteria in this Act. | |
(2) Hospitals may apply for, and receive, Emergent |
| Stroke Ready Hospital designation from the Department, provided that the hospital attests, on a form developed by the Department in consultation with the State Stroke Advisory Subcommittee, that it meets, and will continue to meet, the criteria for Emergent Stroke Ready Hospital designation. | |
(3) Hospitals seeking Emergent Stroke Ready Hospital |
| designation shall develop policies and procedures that consider nationally‑recognized, evidence‑based protocols for the provision of emergent stroke care. Hospital policies relating to emergent stroke care and stroke patient outcomes shall be reviewed at least annually, or more often as needed, by a hospital committee that oversees quality improvement. Adjustments shall be made as necessary to advance the quality of stroke care delivered. Criteria for Emergent Stroke Ready Hospital designation of hospitals shall be limited to the ability of a hospital to: | |
(A) create written acute care protocols related |
|
(B) maintain a written transfer agreement with |
| one or more hospitals that have neurosurgical expertise; | |
(C) designate a director of stroke care, which |
| may be a clinical member of the hospital staff or the designee of the hospital administrator, to oversee the hospital's stroke care policies and procedures; | |
(D) administer thrombolytic therapy, or |
| subsequently developed medical therapies that meet nationally‑recognized, evidence‑based stroke guidelines; | |
(E) conduct brain image tests at all times;
(F) conduct blood coagulation studies at all |
|
(G) maintain a log of stroke patients, which |
| shall be available for review upon request by the Department or any hospital that has a written transfer agreement with the Emergent Stroke Ready Hospital. | |
(4) With respect to Emergent Stroke Ready Hospital |
| designation, the Department shall have the authority and responsibility to do the following: | |
(A) Require hospitals applying for Emergent |
| Stroke Ready Hospital designation to attest, on a form developed by the Department in consultation with the State Stroke Advisory Subcommittee, that the hospital meets, and will continue to meet, the criteria for a Emergent Stroke Ready Hospital. | |
(B) Designate a hospital as an Emergent Stroke |
| Ready Hospital no more than 20 business days after receipt of an attestation that meets the requirements for attestation. | |
(C) Require annual written attestation, on a form |
| developed by the Department in consultation with the State Stroke Advisory Subcommittee, by Emergent Stroke Ready Hospitals to indicate compliance with Emergent Stroke Ready Hospital criteria, as described in this Section, and automatically renew Emergent Stroke Ready Hospital designation of the hospital. | |
(D) Issue an Emergency Suspension of Emergent |
| Stroke Ready Hospital designation when the Director, or his or her designee, has determined that the hospital no longer meets the Emergent Stroke Ready Hospital criteria and an immediate and serious danger to the public health, safety, and welfare exists. If the Emergent Stroke Ready Hospital 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 Emergent Stroke Ready Hospital designation. The Emergent Stroke Ready Hospital may appeal the revocation within 15 days after receiving the Director's revocation order, by requesting an administrative hearing. | |
(E) After notice and an opportunity for an |
| administrative hearing, suspend, revoke, or refuse to renew an Emergent Stroke Ready Hospital designation, when the Department finds the hospital is not in substantial compliance with current Emergent Stroke Ready Hospital criteria. | |
(c) The Department shall consult with the State Stroke |
| Advisory Subcommittee for developing the designation and de‑designation processes for Primary Stroke Centers and Emergent Stroke Ready Hospitals. | |
(Source: P.A. 96‑514, eff. 1‑1‑10.) |
(210 ILCS 50/3.118)
Sec. 3.118.
Reporting.
(a) The Director shall, not later than July 1, 2012, prepare and submit to the Governor and the General Assembly a report indicating the total number of hospitals that have applied for grants, the project for which the application was submitted, the number of those applicants that have been found eligible for the grants, the total number of grants awarded, the name and address of each grantee, and the amount of the award issued to each grantee.
(b) By July 1, 2010, the Director shall send the list of designated Primary Stroke Centers and designated Emergent Stroke Ready Hospitals to all Resource Hospital EMS Medical Directors in this State and shall post a list of designated Primary Stroke Centers and Emergent Stroke Ready Hospitals on the Department's website, which shall be continuously updated.
(c) The Department shall add the names of designated Primary Stroke Centers and Emergent Stroke Ready Hospitals to the website listing immediately upon designation and shall immediately remove the name when a hospital loses its designation after notice and a hearing.
(d) Stroke data collection systems and all stroke‑related data collected from hospitals shall comply with the following requirements:
(1) The confidentiality of patient records shall be
| maintained in accordance with State and federal laws. | |
(2) Hospital proprietary information and the names of |
| any hospital administrator, health care professional, or employee shall not be subject to disclosure. | |
(3) Information submitted to the Department shall be |
| privileged and strictly confidential and shall be used only for the evaluation and improvement of hospital stroke care. Stroke data collected by the Department shall not be directly available to the public and shall not be subject to civil subpoena, nor discoverable or admissible in any civil, criminal, or administrative proceeding against a health care facility or health care professional. | |
(e) The Department may administer a data collection |
| system to collect data that is already reported by designated Primary Stroke Centers to their certifying body, to fulfill Primary Stroke Center certification requirements. Primary Stroke Centers may provide complete copies of the same reports that are submitted to their certifying body, to satisfy any Department reporting requirements. In the event the Department establishes reporting requirements for designated Primary Stroke Centers, the Department shall permit each designated Primary Stroke Center to capture information using existing electronic reporting tools used for certification purposes. Nothing in this Section shall be construed to empower the Department to specify the form of internal recordkeeping. Three years from the effective date of this amendatory Act of the 96th General Assembly, the Department may post stroke data submitted by Primary Stroke Centers on its website, subject to the following: | |
(1) Data collection and analytical methodologies |
| shall be used that meet accepted standards of validity and reliability before any information is made available to the public. | |
(2) The limitations of the data sources and analytic |
| methodologies used to develop comparative hospital information shall be clearly identified and acknowledged, including, but not limited to, the appropriate and inappropriate uses of the data. | |
(3) To the greatest extent possible, comparative |
| hospital information initiatives shall use standard‑based norms derived from widely accepted provider‑developed practice guidelines. | |
(4) Comparative hospital information and other |
| information that the Department has compiled regarding hospitals shall be shared with the hospitals under review prior to public dissemination of the information. Hospitals have 30 days to make corrections and to add helpful explanatory comments about the information before the publication. | |
(5) Comparisons among hospitals shall adjust for |
| patient case mix and other relevant risk factors and control for provider peer groups, when appropriate. | |
(6) Effective safeguards to protect against the |
| unauthorized use or disclosure of hospital information shall be developed and implemented. | |
(7) Effective safeguards to protect against the |
| dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective hospital data shall be developed and implemented. | |
(8) The quality and accuracy of hospital information |
| reported under this Act and its data collection, analysis, and dissemination methodologies shall be evaluated regularly. | |
(9) None of the information the Department discloses |
| to the public under this Act may be used to establish a standard of care in a private civil action. | |
(10) The Department shall disclose information under |
| this Section in accordance with provisions for inspection and copying of public records required by the Freedom of Information Act, provided that the information satisfies the provisions of this Section. | |
(11) Notwithstanding any other provision of law, |
| under no circumstances shall the Department disclose information obtained from a hospital that is confidential under Part 21 of Article VIII of the Code of Civil Procedure. | |
(12) No hospital report or Department disclosure may |
| contain information identifying a patient, employee, or licensed professional. | |
(Source: P.A. 96‑514, eff. 1‑1‑10.) |
(210 ILCS 50/32.5)
(Text of Section from P.A. 96‑23)
Sec. 32.5.
Freestanding Emergency Center.
(a) The Department shall issue an annual Freestanding Emergency Center (FEC) license to any facility that has received a permit from the Illinois Health Facilities Planning Board to establish a Freestanding Emergency Center if the application for the permit has been deemed complete by the Department of Public Health by March 1, 2009, and:
(1) is located: (A) in a municipality with a
| population of 75,000 or fewer inhabitants; (B) within 20 miles of the hospital that owns or controls the FEC; and (C) within 20 miles of the Resource Hospital affiliated with the FEC as part of the EMS System; | |
(2) is wholly owned or controlled by an Associate or |
| Resource Hospital, but is not a part of the hospital's physical plant; | |
(3) meets the standards for licensed FECs, adopted |
| by rule of the Department, including, but not limited to: | |
(A) facility design, specification, operation, |
| and maintenance standards; | |
(B) equipment standards; and
(C) the number and qualifications of emergency |
| medical personnel and other staff, which must include at least one board certified emergency physician present at the FEC 24 hours per day. | |
(4) limits its participation in the EMS System |
| 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; | |
(5) provides comprehensive emergency treatment |
| services, as defined in the rules adopted by the Department pursuant to the Hospital Licensing Act, 24 hours per day, on an outpatient basis; | |
(6) provides an ambulance and maintains on site |
| ambulance services staffed with paramedics 24 hours per day; | |
(7) (blank);
(8) complies with all State and federal patient |
| rights provisions, including, but not limited to, the Emergency Medical Treatment Act and the federal Emergency Medical Treatment and Active Labor Act; | |
(9) maintains a communications system that is fully |
| integrated with its Resource Hospital within the FEC's designated EMS System; | |
(10) reports to the Department any patient transfers |
| from the FEC to a hospital within 48 hours of the transfer plus any other data determined to be relevant by the Department; | |
(11) submits to the Department, on a quarterly |
| basis, the FEC's morbidity and mortality rates for patients treated at the FEC and other data determined to be relevant by the Department; | |
(12) does not describe itself or hold itself out to |
| the general public as a full service hospital or hospital emergency department in its advertising or marketing activities; | |
(13) complies with any other rules adopted by the |
| Department under this Act that relate to FECs; | |
(14) passes the Department's site inspection for |
| compliance with the FEC requirements of this Act; | |
(15) submits a copy of the permit issued by the |
| Illinois Health Facilities Planning Board indicating that the facility has complied with the Illinois Health Facilities Planning Act with respect to the health services to be provided at the facility; | |
(16) submits an application for designation as an |
| FEC in a manner and form prescribed by the Department by rule; and | |
(17) pays the annual license fee as determined by |
|
(b) The Department shall:
(1) annually inspect facilities of initial FEC |
| 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); | |
(2) suspend, revoke, refuse to issue, or refuse to |
| 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; | |
(3) issue an Emergency Suspension Order for any FEC |
| 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 | |
(4) adopt rules as needed to implement this Section.
(Source: P.A. 95‑584, eff. 8‑31‑07; 96‑23, eff. 6‑30‑09.)
(Text of Section from P.A. 96‑31)
Sec. 32.5. Freestanding Emergency Center.
(a) Until June 30, 2009, the Department shall issue an annual Freestanding Emergency Center (FEC) license to any facility that:
(1) is located: (A) in a municipality with a |
| population of 75,000 or fewer inhabitants; (B) within 20 miles of the hospital that owns or controls the FEC; and (C) within 20 miles of the Resource Hospital affiliated with the FEC as part of the EMS System; | |
(2) is wholly owned or controlled by an Associate or |
| Resource Hospital, but is not a part of the hospital's physical plant; | |
(3) meets the standards for licensed FECs, adopted |
| by rule of the Department, including, but not limited to: | |
(A) facility design, specification, operation, |
| and maintenance standards; | |
(B) equipment standards; and
(C) the number and qualifications of emergency |
| medical personnel and other staff, which must include at least one board certified emergency physician present at the FEC 24 hours per day. | |
(4) limits its participation in the EMS System |
| 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; | |
(5) provides comprehensive emergency treatment |
| services, as defined in the rules adopted by the Department pursuant to the Hospital Licensing Act, 24 hours per day, on an outpatient basis; | |
(6) provides an ambulance and maintains on site |
| ambulance services staffed with paramedics 24 hours per day; | |
(7) maintains helicopter landing capabilities |
| approved by appropriate State and federal authorities; | |
(8) complies with all State and federal patient |
| rights provisions, including, but not limited to, the Emergency Medical Treatment Act and the federal Emergency Medical Treatment and Active Labor Act; | |
(9) maintains a communications system that is fully |
| integrated with its Resource Hospital within the FEC's designated EMS System; | |
(10) reports to the Department any patient transfers |
| from the FEC to a hospital within 48 hours of the transfer plus any other data determined to be relevant by the Department; | |
(11) submits to the Department, on a quarterly |
| basis, the FEC's morbidity and mortality rates for patients treated at the FEC and other data determined to be relevant by the Department; | |
(12) does not describe itself or hold itself out to |
| the general public as a full service hospital or hospital emergency department in its advertising or marketing activities; | |
(13) complies with any other rules adopted by the |
| Department under this Act that relate to FECs; | |
(14) passes the Department's site inspection for |
| compliance with the FEC requirements of this Act; | |
(15) submits a copy of the permit issued by the |
| Health Facilities and Services Review Board indicating that the facility has complied with the Illinois Health Facilities Planning Act with respect to the health services to be provided at the facility; | |
(16) submits an application for designation as an |
| FEC in a manner and form prescribed by the Department by rule; and | |
(17) pays the annual license fee as determined by |
|
(b) The Department shall:
(1) annually inspect facilities of initial FEC |
| 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); | |
(2) suspend, revoke, refuse to issue, or refuse to |
| 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; | |
(3) issue an Emergency Suspension Order for any FEC |
| 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 | |
(4) adopt rules as needed to implement this Section.
(Source: P.A. 95‑584, eff. 8‑31‑07; 96‑31, eff. 6‑30‑09.)
(Text of Section from P.A. 96‑883)
Sec. 32.5. Freestanding Emergency Center.
(a) Until June 30, 2009, the Department shall issue an annual Freestanding Emergency Center (FEC) license to any facility that:
(1) is located: (A) in a municipality with a |
| population of 75,000 or fewer inhabitants; (B) within 20 miles of the hospital that owns or controls the FEC; and (C) within 20 miles of the Resource Hospital affiliated with the FEC as part of the EMS System; | |
(2) is wholly owned or controlled by an Associate or |
| Resource Hospital, but is not a part of the hospital's physical plant; | |
(3) meets the standards for licensed FECs, adopted |
| by rule of the Department, including, but not limited to: | |
(A) facility design, specification, operation, |
| and maintenance standards; | |
(B) equipment standards; and
(C) the number and qualifications of emergency |
| medical personnel and other staff, which must include at least one board certified emergency physician present at the FEC 24 hours per day. | |
(4) limits its participation in the EMS System |
| 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; | |
(5) provides comprehensive emergency treatment |
| services, as defined in the rules adopted by the Department pursuant to the Hospital Licensing Act, 24 hours per day, on an outpatient basis; | |
(6) provides an ambulance and maintains on site |
| ambulance services staffed with paramedics 24 hours per day; | |
(7) maintains helicopter landing capabilities |
| approved by appropriate State and federal authorities; | |
(8) complies with all State and federal patient |
| rights provisions, including, but not limited to, the Emergency Medical Treatment Act and the federal Emergency Medical Treatment and Active Labor Act; | |
(9) maintains a communications system that is fully |
| integrated with its Resource Hospital within the FEC's designated EMS System; | |
(10) reports to the Department any patient transfers |
| from the FEC to a hospital within 48 hours of the transfer plus any other data determined to be relevant by the Department; | |
(11) submits to the Department, on a quarterly |
| basis, the FEC's morbidity and mortality rates for patients treated at the FEC and other data determined to be relevant by the Department; | |
(12) does not describe itself or hold itself out to |
| the general public as a full service hospital or hospital emergency department in its advertising or marketing activities; | |
(13) complies with any other rules adopted by the |
| Department under this Act that relate to FECs; | |
(14) passes the Department's site inspection for |
| compliance with the FEC requirements of this Act; | |
(15) submits a copy of the permit issued by the |
| Illinois Health Facilities Planning Board indicating that the facility has complied with the Illinois Health Facilities Planning Act with respect to the health services to be provided at the facility; | |
(16) submits an application for designation as an |
| FEC in a manner and form prescribed by the Department by rule; and | |
(17) pays the annual license fee as determined by |
|
(a‑5) Notwithstanding any other provision of this Section, the Department may issue an annual FEC license to a facility that is located in a county that does not have a licensed general acute care hospital if the facility's application for a permit from the Illinois Health Facilities Planning Board has been deemed complete by the Department of Public Health by March 1, 2009 and if the facility complies with the requirements set forth in paragraphs (1) through (17) of subsection (a).
(a‑10) Notwithstanding any other provision of this Section, the Department may issue an annual FEC license to a facility if the facility has, by March 31, 2009, filed a letter of intent to establish an FEC and if the facility complies with the requirements set forth in paragraphs (1) through (17) of subsection (a).
(b) The Department shall:
(1) annually inspect facilities of initial FEC |
| 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); | |
(2) suspend, revoke, refuse to issue, or refuse to |
| 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; | |
(3) issue an Emergency Suspension Order for any FEC |
| 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 | |
(4) adopt rules as needed to implement this Section.
(Source: P.A. 95‑584, eff. 8‑31‑07; 96‑883, eff. 3‑1‑10.) |