Public Act 096-1009
 		





SB3637 Enrolled
LRB096 18518 KTG 33900 b





  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Emergency Medical Services (EMS) Systems Act 
is amended  by changing Section 3.20 as follows:
 
    (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.

        (11) Permit limited EMS System participation by 
    facilities operated by the United States Department of 
    Veterans Affairs, Veterans Health Administration. Subject 
    to patient preference, Illinois EMS providers may 
    transport patients to Veterans Health Administration 
    facilities that voluntarily participate in an EMS System. 
    Any Veterans Health Administration facility seeking 
    limited participation in an EMS System shall agree to 
    comply with all Department administrative rules 
    implementing this Section. The Department may promulgate 
    rules, including, but not limited to, the types of Veterans 
    Health Administration facilities that may participate in 
    an EMS System and the limitations of participation. 
(Source: P.A. 95-584, eff. 8-31-07.)