Public Act 096-0702
 		





HB3994 Enrolled
LRB096 05917 DRJ 22420 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 2. The State Finance Act is amended  by adding 
Section 5.723 as follows:
 
    (30 ILCS 105/5.723  new)
    Sec. 5.723. The Stretcher Van Licensure Fund.
 
    Section 5. The Emergency Medical Services (EMS) Systems Act 
is amended  by adding Section 3.86 and changing Section 3.220 as 
follows:
 
    (210 ILCS 50/3.86  new)
    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 
        maintenance standards.
            (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 
    observation.
        (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. 
 



    (210 ILCS 50/3.220)



    Sec. 3.220. EMS Assistance Fund. 

    (a) There is hereby created an "EMS Assistance
Fund" within 
the State treasury, for the purpose of receiving
fines and fees 
collected by the Illinois Department of
Health pursuant to this 
Act.

    (b) EMT licensure examination fees collected shall
be 
distributed by the Department to the Resource Hospital of
the 
EMS System in which the EMT candidate was educated, to
be used 
for educational and related expenses incurred by the
System's 
hospitals, as identified in the EMS System Program
Plan.

    (c) All other moneys within this fund shall be
distributed 
by the Department to the EMS Regions for
disbursement in 
accordance with protocols established in the
EMS Region Plans, 
for the purposes of organization,
development and improvement 
of Emergency Medical Services
Systems, including but not 
limited to training of personnel
and acquisition, modification 
and maintenance of necessary
supplies, equipment and vehicles.

    (d) All fees and fines collected pursuant to this
to this 
Act shall be deposited into the EMS Assistance Fund, except 
that all fees collected under Section 3.86 in connection with 
the licensure of stretcher van providers shall be deposited 
into the Stretcher Van Licensure Fund.

(Source: P.A. 92-651, eff. 7-11-02.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.