Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB0761 Enrolled / Bill

Filed 05/19/2023

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1  AN ACT concerning regulation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Emergency Medical Services (EMS) Systems
5  Act is amended by changing Sections 3.20, 3.55, and 3.85 and by
6  adding Section 3.22 as follows:
7  (210 ILCS 50/3.20)
8  Sec. 3.20. Emergency Medical Services (EMS) Systems.
9  (a) "Emergency Medical Services (EMS) System" means an
10  organization of hospitals, vehicle service providers and
11  personnel approved by the Department in a specific geographic
12  area, which coordinates and provides pre-hospital and
13  inter-hospital emergency care and non-emergency medical
14  transports at a BLS, ILS and/or ALS level pursuant to a System
15  program plan submitted to and approved by the Department, and
16  pursuant to the EMS Region Plan adopted for the EMS Region in
17  which the System is located.
18  (b) One hospital in each System program plan must be
19  designated as the Resource Hospital. All other hospitals which
20  are located within the geographic boundaries of a System and
21  which have standby, basic or comprehensive level emergency
22  departments must function in that EMS System as either an
23  Associate Hospital or Participating Hospital and follow all

 

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1  System policies specified in the System Program Plan,
2  including but not limited to the replacement of drugs and
3  equipment used by providers who have delivered patients to
4  their emergency departments. All hospitals and vehicle service
5  providers participating in an EMS System must specify their
6  level of participation in the System Program Plan.
7  (c) The Department shall have the authority and
8  responsibility to:
9  (1) Approve BLS, ILS and ALS level EMS Systems which
10  meet minimum standards and criteria established in rules
11  adopted by the Department pursuant to this Act, including
12  the submission of a Program Plan for Department approval.
13  Beginning September 1, 1997, the Department shall approve
14  the development of a new EMS System only when a local or
15  regional need for establishing such System has been
16  verified by the Department. This shall not be construed as
17  a needs assessment for health planning or other purposes
18  outside of this Act. Following Department approval, EMS
19  Systems must be fully operational within one year from the
20  date of approval.
21  (2) Monitor EMS Systems, based on minimum standards
22  for continuing operation as prescribed in rules adopted by
23  the Department pursuant to this Act, which shall include
24  requirements for submitting Program Plan amendments to the
25  Department for approval.
26  (3) Renew EMS System approvals every 4 years, after an

 

 

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1  inspection, based on compliance with the standards for
2  continuing operation prescribed in rules adopted by the
3  Department pursuant to this Act.
4  (4) Suspend, revoke, or refuse to renew approval of
5  any EMS System, after providing an opportunity for a
6  hearing, when findings show that it does not meet the
7  minimum standards for continuing operation as prescribed
8  by the Department, or is found to be in violation of its
9  previously approved Program Plan.
10  (5) Require each EMS System to adopt written protocols
11  for the bypassing of or diversion to any hospital, trauma
12  center or regional trauma center, which provide that a
13  person shall not be transported to a facility other than
14  the nearest hospital, regional trauma center or trauma
15  center unless the medical benefits to the patient
16  reasonably expected from the provision of appropriate
17  medical treatment at a more distant facility outweigh the
18  increased risks to the patient from transport to the more
19  distant facility, or the transport is in accordance with
20  the System's protocols for patient choice or refusal.
21  (6) Require that the EMS Medical Director of an ILS or
22  ALS level EMS System be a physician licensed to practice
23  medicine in all of its branches in Illinois, and certified
24  by the American Board of Emergency Medicine or the
25  American Osteopathic Board of Emergency Medicine, and that
26  the EMS Medical Director of a BLS level EMS System be a

 

 

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1  physician licensed to practice medicine in all of its
2  branches in Illinois, with regular and frequent
3  involvement in pre-hospital emergency medical services. In
4  addition, all EMS Medical Directors shall:
5  (A) Have experience on an EMS vehicle at the
6  highest level available within the System, or make
7  provision to gain such experience within 12 months
8  prior to the date responsibility for the System is
9  assumed or within 90 days after assuming the position;
10  (B) Be thoroughly knowledgeable of all skills
11  included in the scope of practices of all levels of EMS
12  personnel within the System;
13  (C) Have or make provision to gain experience
14  instructing students at a level similar to that of the
15  levels of EMS personnel within the System; and
16  (D) For ILS and ALS EMS Medical Directors,
17  successfully complete a Department-approved EMS
18  Medical Director's Course.
19  (7) Prescribe statewide EMS data elements to be
20  collected and documented by providers in all EMS Systems
21  for all emergency and non-emergency medical services, with
22  a one-year phase-in for commencing collection of such data
23  elements.
24  (8) Define, through rules adopted pursuant to this
25  Act, the terms "Resource Hospital", "Associate Hospital",
26  "Participating Hospital", "Basic Emergency Department",

 

 

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1  "Standby Emergency Department", "Comprehensive Emergency
2  Department", "EMS Medical Director", "EMS Administrative
3  Director", and "EMS System Coordinator".
4  (A) (Blank).
5  (B) (Blank).
6  (9) Investigate the circumstances that caused a
7  hospital in an EMS system to go on bypass status to
8  determine whether that hospital's decision to go on bypass
9  status was reasonable. The Department may impose
10  sanctions, as set forth in Section 3.140 of the Act, upon a
11  Department determination that the hospital unreasonably
12  went on bypass status in violation of the Act.
13  (10) Evaluate the capacity and performance of any
14  freestanding emergency center established under Section
15  32.5 of this Act in meeting emergency medical service
16  needs of the public, including compliance with applicable
17  emergency medical standards and assurance of the
18  availability of and immediate access to the highest
19  quality of medical care possible.
20  (11) Permit limited EMS System participation by
21  facilities operated by the United States Department of
22  Veterans Affairs, Veterans Health Administration. Subject
23  to patient preference, Illinois EMS providers may
24  transport patients to Veterans Health Administration
25  facilities that voluntarily participate in an EMS System.
26  Any Veterans Health Administration facility seeking

 

 

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1  limited participation in an EMS System shall agree to
2  comply with all Department administrative rules
3  implementing this Section. The Department may promulgate
4  rules, including, but not limited to, the types of
5  Veterans Health Administration facilities that may
6  participate in an EMS System and the limitations of
7  participation.
8  (12) Ensure that EMS systems are transporting pregnant
9  women to the appropriate facilities based on the
10  classification of the levels of maternal care described
11  under subsection (a) of Section 2310-223 of the Department
12  of Public Health Powers and Duties Law of the Civil
13  Administrative Code of Illinois.
14  (13) Provide administrative support to the EMT
15  Training, Recruitment, and Retention Task Force.
16  (Source: P.A. 101-447, eff. 8-23-19.)
17  (210 ILCS 50/3.22 new)
18  Sec. 3.22. EMT Training, Recruitment, and Retention Task
19  Force.
20  (a) The EMT Training, Recruitment, and Retention Task
21  Force is created to address the following:
22  (1) the impact that the EMT and Paramedic shortage is
23  having on this State's EMS System and health care system;
24  (2) barriers to the training, recruitment, and
25  retention of Emergency Medical Technicians throughout this

 

 

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1  State;
2  (3) steps that the State of Illinois can take,
3  including coordination and identification of State and
4  federal funding sources, to assist Illinois high schools,
5  community colleges, and ground ambulance providers to
6  train, recruit, and retain emergency medical technicians;
7  (4) the examination of current testing mechanisms for
8  EMRs, EMTs, and Paramedics and the utilization of the
9  National Registry of Emergency Medical Technicians,
10  including current pass rates by licensure level, national
11  utilization, and test preparation strategies;
12  (5) how apprenticeship programs, local, regional, and
13  statewide, can be utilized to recruit and retain EMRs,
14  EMTs, and Paramedics;
15  (6) how ground ambulance reimbursement affects the
16  recruitment and retention of EMTs and Paramedics; and
17  (7) all other areas that the Task Force deems
18  necessary to examine and assist in the recruitment and
19  retention of EMTs and Paramedics.
20  (b) The Task Force shall be comprised of the following
21  members:
22  (1) one member of the Illinois General Assembly,
23  appointed by the President of the Senate, who shall serve
24  as co-chair;
25  (2) one member of the Illinois General Assembly,
26  appointed by the Speaker of the House of Representatives;

 

 

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1  (3) one member of the Illinois General Assembly,
2  appointed by the Senate Minority Leader;
3  (4) one member of the Illinois General Assembly,
4  appointed by the House Minority Leader, who shall serve as
5  co-chair;
6  (5) 9 members representing private ground ambulance
7  providers throughout this State representing for-profit
8  and non-profit rural and urban ground ambulance providers,
9  appointed by the President of the Senate;
10  (6) 3 members representing hospitals, appointed by the
11  Speaker of the House of Representatives, with one member
12  representing safety net hospitals and one member
13  representing rural hospitals;
14  (7) 3 members representing a statewide association of
15  nursing homes, appointed by the President of the Senate;
16  (8) one member representing the State Board of
17  Education, appointed by the House Minority Leader;
18  (9) 2 EMS Medical Directors from a Regional EMS
19  Medical Directors Committee, appointed by the Governor;
20  and
21  (10) one member representing the Illinois Community
22  College Systems, appointed by the Minority Leader of the
23  Senate.
24  (c) Members of the Task Force shall serve without
25  compensation.
26  (d) The Task Force shall convene at the call of the

 

 

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1  co-chairs and shall hold at least 6 meetings.
2  (e) The Task Force shall submit its final report to the
3  General Assembly and the Governor no later than January 1,
4  2024, and upon the submission of its final report, the Task
5  Force shall be dissolved.
6  (210 ILCS 50/3.55)
7  Sec. 3.55. Scope of practice.
8  (a) Any person currently licensed as an EMR, EMT, EMT-I,
9  A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency
10  and non-emergency medical services as defined in this Act, in
11  accordance with his or her level of education, training and
12  licensure, the standards of performance and conduct prescribed
13  by the Department in rules adopted pursuant to this Act, and
14  the requirements of the EMS System in which he or she
15  practices, as contained in the approved Program Plan for that
16  System. The Director may, by written order, temporarily modify
17  individual scopes of practice in response to public health
18  emergencies for periods not exceeding 180 days.
19  (a-5) EMS personnel who have successfully completed a
20  Department approved course in automated defibrillator
21  operation and who are functioning within a Department approved
22  EMS System may utilize such automated defibrillator according
23  to the standards of performance and conduct prescribed by the
24  Department in rules adopted pursuant to this Act and the
25  requirements of the EMS System in which they practice, as

 

 

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1  contained in the approved Program Plan for that System.
2  (a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
3  Paramedic who has successfully completed a Department approved
4  course in the administration of epinephrine shall be required
5  to carry epinephrine with him or her as part of the EMS
6  personnel medical supplies whenever he or she is performing
7  official duties as determined by the EMS System. The
8  epinephrine may be administered from a glass vial,
9  auto-injector, ampule, or pre-filled syringe.
10  (b) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
11  Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or
12  Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN,
13  PHAPRN, PHPA, or Paramedic license in pre-hospital or
14  inter-hospital emergency care settings or non-emergency
15  medical transport situations, under the written or verbal
16  direction of the EMS Medical Director. For purposes of this
17  Section, a "pre-hospital emergency care setting" may include a
18  location, that is not a health care facility, which utilizes
19  EMS personnel to render pre-hospital emergency care prior to
20  the arrival of a transport vehicle. The location shall include
21  communication equipment and all of the portable equipment and
22  drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or
23  Paramedic's level of care, as required by this Act, rules
24  adopted by the Department pursuant to this Act, and the
25  protocols of the EMS Systems, and shall operate only with the
26  approval and under the direction of the EMS Medical Director.

 

 

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1  This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT,
2  PHRN, PHAPRN, PHPA, or Paramedic from practicing within an
3  emergency department or other health care setting for the
4  purpose of receiving continuing education or training approved
5  by the EMS Medical Director. This Section shall also not
6  prohibit an EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
7  Paramedic from seeking credentials other than his or her EMT,
8  EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license and
9  utilizing such credentials to work in emergency departments or
10  other health care settings under the jurisdiction of that
11  employer.
12  (c) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
13  may honor Do Not Resuscitate (DNR) orders and powers of
14  attorney for health care only in accordance with rules adopted
15  by the Department pursuant to this Act and protocols of the EMS
16  System in which he or she practices.
17  (d) A student enrolled in a Department approved EMS
18  personnel program, while fulfilling the clinical training and
19  in-field supervised experience requirements mandated for
20  licensure or approval by the System and the Department, may
21  perform prescribed procedures under the direct supervision of
22  a physician licensed to practice medicine in all of its
23  branches, a qualified registered professional nurse, or
24  qualified EMS personnel, only when authorized by the EMS
25  Medical Director.
26  (e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or

 

 

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1  Paramedic may transport a police dog injured in the line of
2  duty to a veterinary clinic or similar facility if there are no
3  persons requiring medical attention or transport at that time.
4  For the purposes of this subsection, "police dog" means a dog
5  owned or used by a law enforcement department or agency in the
6  course of the department or agency's work, including a search
7  and rescue dog, service dog, accelerant detection canine, or
8  other dog that is in use by a county, municipal, or State law
9  enforcement agency.
10  (f) Nothing in this Act shall be construed to prohibit an
11  EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an
12  initial Occupational Safety and Health Administration
13  Respirator Medical Evaluation Questionnaire on behalf of fire
14  service personnel, as permitted by his or her EMS System
15  Medical Director.
16  (g) An EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA
17  shall be eligible to work for another EMS System for a period
18  not to exceed 2 weeks if the individual is under the direct
19  supervision of another licensed individual operating at the
20  same or higher level as the EMT, EMT-I, A-EMT, Paramedic,
21  PHRN, PHAPRN, or PHPA; obtained approval in writing from the
22  EMS System's Medical Director; and tests into the EMS System
23  based upon appropriate standards as outlined in the EMS System
24  Program Plan. The EMS System within which the EMT, EMT-I,
25  A-EMT, Paramedic, PHRN, PHAPRN, or PHPA is seeking to join
26  must make all required testing available to the EMT, EMT-I,

 

 

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1  A-EMT, Paramedic, PHRN, PHAPRN, or PHPA within 2 weeks after
2  the written request. Failure to do so by the EMS System shall
3  allow the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA
4  to continue working for another EMS System until all required
5  testing becomes available.
6  (Source: P.A. 102-79, eff. 1-1-22.)
7  (210 ILCS 50/3.85)
8  Sec. 3.85. Vehicle Service Providers.
9  (a) "Vehicle Service Provider" means an entity licensed by
10  the Department to provide emergency or non-emergency medical
11  services in compliance with this Act, the rules promulgated by
12  the Department pursuant to this Act, and an operational plan
13  approved by its EMS System(s), utilizing at least ambulances
14  or specialized emergency medical service vehicles (SEMSV).
15  (1) "Ambulance" means any publicly or privately owned
16  on-road vehicle that is specifically designed, constructed
17  or modified and equipped, and is intended to be used for,
18  and is maintained or operated for the emergency
19  transportation of persons who are sick, injured, wounded
20  or otherwise incapacitated or helpless, or the
21  non-emergency medical transportation of persons who
22  require the presence of medical personnel to monitor the
23  individual's condition or medical apparatus being used on
24  such individuals.
25  (2) "Specialized Emergency Medical Services Vehicle"

 

 

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1  or "SEMSV" means a vehicle or conveyance, other than those
2  owned or operated by the federal government, that is
3  primarily intended for use in transporting the sick or
4  injured by means of air, water, or ground transportation,
5  that is not an ambulance as defined in this Act. The term
6  includes watercraft, aircraft and special purpose ground
7  transport vehicles or conveyances not intended for use on
8  public roads.
9  (3) An ambulance or SEMSV may also be designated as a
10  Limited Operation Vehicle or Special-Use Vehicle:
11  (A) "Limited Operation Vehicle" means a vehicle
12  which is licensed by the Department to provide basic,
13  intermediate or advanced life support emergency or
14  non-emergency medical services that are exclusively
15  limited to specific events or locales.
16  (B) "Special-Use Vehicle" means any publicly or
17  privately owned vehicle that is specifically designed,
18  constructed or modified and equipped, and is intended
19  to be used for, and is maintained or operated solely
20  for the emergency or non-emergency transportation of a
21  specific medical class or category of persons who are
22  sick, injured, wounded or otherwise incapacitated or
23  helpless (e.g. high-risk obstetrical patients,
24  neonatal patients).
25  (C) "Reserve Ambulance" means a vehicle that meets
26  all criteria set forth in this Section and all

 

 

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1  Department rules, except for the required inventory of
2  medical supplies and durable medical equipment, which
3  may be rapidly transferred from a fully functional
4  ambulance to a reserve ambulance without the use of
5  tools or special mechanical expertise.
6  (b) The Department shall have the authority and
7  responsibility to:
8  (1) Require all Vehicle Service Providers, both
9  publicly and privately owned, to function within an EMS
10  System.
11  (2) Require a Vehicle Service Provider utilizing
12  ambulances to have a primary affiliation with an EMS
13  System within the EMS Region in which its Primary Service
14  Area is located, which is the geographic areas in which
15  the provider renders the majority of its emergency
16  responses. This requirement shall not apply to Vehicle
17  Service Providers which exclusively utilize Limited
18  Operation Vehicles.
19  (3) Establish licensing standards and requirements for
20  Vehicle Service Providers, through rules adopted pursuant
21  to this Act, including but not limited to:
22  (A) Vehicle design, specification, operation and
23  maintenance standards, including standards for the use
24  of reserve ambulances;
25  (B) Equipment requirements;
26  (C) Staffing requirements; and

 

 

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1  (D) License renewal at intervals determined by the
2  Department, which shall be not less than every 4
3  years.
4  The Department's standards and requirements with
5  respect to vehicle staffing for private, nonpublic local
6  government employers must allow for alternative staffing
7  models that include an EMR who drives an ambulance with a
8  licensed EMT, EMT-I, A-EMT, Paramedic, or PHRN, as
9  appropriate, in the patient compartment providing care to
10  the patient pursuant to the approval of the EMS System
11  Program Plan developed and approved by the EMS Medical
12  Director for an EMS System. The EMS personnel licensed at
13  the highest level shall provide the initial assessment of
14  the patient to determine the level of care required for
15  transport to the receiving health care facility, and this
16  assessment shall be documented in the patient care report
17  and documented with online medical control. The EMS
18  personnel licensed at or above the level of care required
19  by the specific patient as directed by the EMS Medical
20  Director shall be the primary care provider en route to
21  the destination facility or patient's residence. The
22  Department shall monitor the implementation and
23  performance of alternative staffing models and may issue a
24  notice of termination of an alternative staffing model
25  only upon evidence that an EMS System Program Plan is not
26  being adhered to. Adoption of an alternative staffing

 

 

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1  model shall not result in a Vehicle Service Provider being
2  prohibited or limited in the utilization of its staff or
3  equipment from providing any of the services authorized by
4  this Act or as otherwise outlined in the approved EMS
5  System Program Plan, including, without limitation, the
6  deployment of resources to provide out-of-state disaster
7  response. EMS System Program Plans must address a process
8  for out-of-state disaster response deployments that must
9  meet the following:
10  (A) All deployments to provide out-of-state
11  disaster response must first be approved by the EMS
12  Medical Director and submitted to the Department.
13  (B) The submission must include the number of
14  units being deployed, vehicle identification numbers,
15  length of deployment, and names of personnel and their
16  licensure level.
17  (C) Ensure that all necessary in-state requests
18  for services will be covered during the duration of
19  the deployment.
20  An EMS System Program Plan for a Basic Life Support,
21  advanced life support, and critical care transport
22  utilizing an EMR and an EMT shall include the following:
23  (A) Alternative staffing models for a Basic Life
24  Support transport utilizing an EMR and an EMT shall
25  only be utilized for interfacility Basic Life Support
26  transports as specified by the EMS System Program Plan

 

 

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1  as determined by the EMS System Medical Director and
2  medical appointments, excluding any transport to or
3  from a dialysis center.
4  (B) Protocols that shall include dispatch
5  procedures to properly screen and assess patients for
6  EMR-staffed transports and EMT-staffed Basic Life
7  Support transport.
8  (C) A requirement that a provider and EMS System
9  shall implement a quality assurance plan that shall
10  include for the initial waiver period the review of at
11  least 5% of total interfacility transports utilizing
12  an EMR with mechanisms outlined to audit dispatch
13  screening, reason for transport, patient diagnosis,
14  level of care, and the outcome of transports
15  performed. Quality assurance reports must be submitted
16  and reviewed by the provider and EMS System monthly
17  and made available to the Department upon request. The
18  percentage of transports reviewed under quality
19  assurance plans for renewal periods shall be
20  determined by the EMS Medical Director, however, it
21  shall not be less than 3%.
22  (D) The EMS System Medical Director shall develop
23  a minimum set of requirements for individuals based on
24  level of licensure that includes education, training,
25  and credentialing for all team members identified to
26  participate in an alternative staffing plan. The EMT,

 

 

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1  Paramedic, PHRN, PHPA, PHAPRN, and critical care
2  transport staff shall have the minimum at least one
3  year of experience in performance of pre-hospital and
4  inter-hospital emergency care, as determined by the
5  EMS Medical Director in accordance with the EMS System
6  Program Plan, but at a minimum of 6 months of
7  prehospital experience or at least 50 documented
8  patient care interventions during transport as the
9  primary care provider and approved by the Department.
10  (E) The licensed EMR must complete a defensive
11  driving course prior to participation in the
12  Department's alternative staffing model.
13  (F) The length of the EMS System Program Plan for a
14  Basic Life Support transport utilizing an EMR and an
15  EMT shall be for one year, and must be renewed annually
16  if proof of the criteria being met is submitted,
17  validated, and approved by the EMS Medical Director
18  for the EMS System and the Department.
19  (G) Beginning July 1, 2023, the utilization of
20  EMRs for advanced life support transports and Tier III
21  Critical Care Transports shall be allowed for periods
22  not to exceed 3 years under a pilot program. The pilot
23  program shall not be implemented before Department
24  approval. Agencies requesting to utilize this staffing
25  model for the time period of the pilot program must
26  complete the following:

 

 

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1  (i) Submit a waiver request to the Department
2  requesting to participate in the pilot program
3  with specific details of how quality assurance and
4  improvement will be gathered, measured, reported
5  to the Department, and reviewed and utilized
6  internally by the participating agency.
7  (ii) Submit a signed approval letter from the
8  EMS System Medical Director approving
9  participation in the pilot program.
10  (iii) Submit updated EMS System plans,
11  additional education, and training of the EMR and
12  protocols related to the pilot program.
13  (iv) Submit agency policies and procedures
14  related to the pilot program.
15  (v) Submit the number of individuals currently
16  participating and committed to participating in
17  education programs to achieve a higher level of
18  licensure at the time of submission.
19  (vi) Submit an explanation of how the provider
20  will support individuals obtaining a higher level
21  of licensure and encourage a higher level of
22  licensure during the year of the alternative
23  staffing plan and specific examples of recruitment
24  and retention activities or initiatives.
25  Upon submission of a renewal application and
26  recruitment and retention plan, the provider shall

 

 

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1  include additional data regarding current employment
2  numbers, attrition rates over the year, and activities
3  and initiatives over the previous year to address
4  recruitment and retention.
5  The information required under this subparagraph
6  (G) shall be provided to and retained by the EMS System
7  upon initial application and renewal and shall be
8  provided to the Department upon request.
9  The Department must allow for an alternative rural
10  staffing model for those vehicle service providers that
11  serve a rural or semi-rural population of 10,000 or fewer
12  inhabitants and exclusively uses volunteers, paid-on-call,
13  or a combination thereof.
14  (4) License all Vehicle Service Providers that have
15  met the Department's requirements for licensure, unless
16  such Provider is owned or licensed by the federal
17  government. All Provider licenses issued by the Department
18  shall specify the level and type of each vehicle covered
19  by the license (BLS, ILS, ALS, ambulance, critical care
20  transport, SEMSV, limited operation vehicle, special use
21  vehicle, reserve ambulance).
22  (5) Annually inspect all licensed vehicles operated by
23  Vehicle Service Providers.
24  (6) Suspend, revoke, refuse to issue or refuse to
25  renew the license of any Vehicle Service Provider, or that
26  portion of a license pertaining to a specific vehicle

 

 

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1  operated by the Provider, after an opportunity for a
2  hearing, when findings show that the Provider or one or
3  more of its vehicles has failed to comply with the
4  standards and requirements of this Act or rules adopted by
5  the Department pursuant to this Act.
6  (7) Issue an Emergency Suspension Order for any
7  Provider or vehicle licensed under this Act, when the
8  Director or his designee has determined that an immediate
9  and serious danger to the public health, safety and
10  welfare exists. Suspension or revocation proceedings which
11  offer an opportunity for hearing shall be promptly
12  initiated after the Emergency Suspension Order has been
13  issued.
14  (8) Exempt any licensed vehicle from subsequent
15  vehicle design standards or specifications required by the
16  Department, as long as said vehicle is continuously in
17  compliance with the vehicle design standards and
18  specifications originally applicable to that vehicle, or
19  until said vehicle's title of ownership is transferred.
20  (9) Exempt any vehicle (except an SEMSV) which was
21  being used as an ambulance on or before December 15, 1980,
22  from vehicle design standards and specifications required
23  by the Department, until said vehicle's title of ownership
24  is transferred. Such vehicles shall not be exempt from all
25  other licensing standards and requirements prescribed by
26  the Department.

 

 

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1  (10) Prohibit any Vehicle Service Provider from
2  advertising, identifying its vehicles, or disseminating
3  information in a false or misleading manner concerning the
4  Provider's type and level of vehicles, location, primary
5  service area, response times, level of personnel,
6  licensure status or System participation.
7  (10.5) Prohibit any Vehicle Service Provider, whether
8  municipal, private, or hospital-owned, from advertising
9  itself as a critical care transport provider unless it
10  participates in a Department-approved EMS System critical
11  care transport plan.
12  (11) Charge each Vehicle Service Provider a fee per
13  transport vehicle, due annually at time of inspection. The
14  fee per transport vehicle shall be set by administrative
15  rule by the Department and shall not exceed 100 vehicles
16  per provider.
17  (12) Beginning July 1, 2023, as part of a pilot
18  program that shall not exceed a term of 3 years, an
19  ambulance may be upgraded to a higher level of care for
20  interfacility transports by an ambulance assistance
21  vehicle with appropriate equipment and licensed personnel
22  to intercept with the licensed ambulance at the sending
23  facility before departure. The pilot program shall not be
24  implemented before Department approval. To participate in
25  the pilot program, an agency must:
26  (A) Submit a waiver request to the Department with

 

 

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1  intercept vehicle vehicle identification numbers,
2  calls signs, equipment detail, and a robust quality
3  assurance plan that shall list, at minimum, detailed
4  reasons each intercept had to be completed, barriers
5  to initial dispatch of advanced life support services,
6  and how this benefited the patient.
7  (B) Report to the Department quarterly additional
8  data deemed meaningful by the providing agency along
9  with the data required under subparagraph (A) of this
10  paragraph (12).
11  (C) Obtain a signed letter of approval from the
12  EMS Medical Director allowing for participation in the
13  pilot program.
14  (D) Update EMS System plans and protocols from the
15  pilot program.
16  (E) Update policies and procedures from the
17  agencies participating in the pilot program.
18  (Source: P.A. 102-623, eff. 8-27-21.)

 

 

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