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| Public Act 098-0452 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Emergency Medical Services (EMS) Systems Act | ||||
is amended by changing Section 3.85 as follows:
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(210 ILCS 50/3.85)
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Sec. 3.85. Vehicle Service Providers.
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(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).
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(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
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transportation of persons who are sick, injured, wounded or
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otherwise incapacitated or helpless, or the non-emergency
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medical transportation of persons who require the presence
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of medical personnel to monitor the individual's condition
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or medical apparatus being used on such individuals.
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(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
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injured by means of air, water, or ground transportation,
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that is not an ambulance as defined in this Act. The term
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includes watercraft, aircraft and special purpose ground
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transport vehicles or conveyances not intended for use on
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public roads.
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(3) An ambulance or SEMSV may also be
designated as a | ||
Limited Operation Vehicle or Special-Use Vehicle:
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(A) "Limited Operation Vehicle" means a
vehicle | ||
which is licensed by the Department to provide
basic, | ||
intermediate or advanced life support emergency or
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non-emergency medical services that are exclusively | ||
limited
to specific events or locales.
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(B) "Special-Use Vehicle" means any
publicly or | ||
privately owned vehicle that is specifically designed,
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constructed or modified and equipped, and is intended | ||
to be
used for, and is maintained or operated solely | ||
for the
emergency or non-emergency transportation of a | ||
specific
medical class or category of persons who are | ||
sick, injured,
wounded or otherwise incapacitated or | ||
helpless (e.g.
high-risk obstetrical patients, | ||
neonatal patients).
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(C) "Reserve Ambulance" means a vehicle that meets | ||
all criteria set forth in this Section and all | ||
Department rules, except for the required inventory of | ||
medical supplies and durable medical equipment, which | ||
may be rapidly transferred from a fully functional | ||
ambulance to a reserve ambulance without the use of | ||
tools or special mechanical expertise. | ||
(b) The Department shall have the authority and
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responsibility to:
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(1) Require all Vehicle Service Providers, both
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publicly and privately owned, to function within an EMS
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System.
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(2) Require a Vehicle Service Provider
utilizing | ||
ambulances to have a primary affiliation with an EMS System
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within the EMS Region in which its Primary Service Area is
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located, which is the geographic areas in which the | ||
provider
renders the majority of its emergency responses. | ||
This
requirement shall not apply to Vehicle Service | ||
Providers
which exclusively utilize Limited Operation | ||
Vehicles.
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(3) Establish licensing standards and
requirements for | ||
Vehicle Service Providers, through rules
adopted pursuant | ||
to this Act, including but not limited to:
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(A) Vehicle design, specification,
operation and | ||
maintenance standards, including standards for the use | ||
of reserve ambulances;
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(B) Equipment requirements;
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(C) Staffing requirements; and
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(D) License renewal at intervals determined by the | ||
Department, which shall be not less than every 4 years | ||
Annual license renewal. | ||
The Department's standards and requirements with | ||
respect to vehicle staffing must allow for an alternative | ||
rural staffing model for those vehicle service providers | ||
that serve a rural or semi-rural population of 10,000 or | ||
fewer inhabitants and exclusively uses volunteers, | ||
paid-on-call, or a combination thereof.
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(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
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operation vehicle, special use vehicle, reserve | ||
ambulance).
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(5) Annually inspect all licensed vehicles operated by | ||
Vehicle
Service Providers, and relicense such Providers | ||
that have met the
Department's requirements for license | ||
renewal.
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(6) Suspend, revoke, refuse to issue or refuse to
renew | ||
the license of any Vehicle Service Provider, or that
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portion of a license pertaining to a specific vehicle
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operated by the Provider, after an opportunity for a
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hearing, when findings show that the Provider or one or | ||
more
of its vehicles has failed to comply with the | ||
standards and
requirements of this Act or rules adopted by | ||
the Department
pursuant to this Act.
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(7) Issue an Emergency Suspension Order for
any | ||
Provider or vehicle licensed under this Act, when the
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Director or his designee has determined that an immediate
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and serious danger to the public health, safety and welfare
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exists. Suspension or revocation proceedings which offer | ||
an
opportunity for hearing shall be promptly initiated | ||
after
the Emergency Suspension Order has been issued.
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(8) Exempt any licensed vehicle from
subsequent | ||
vehicle design standards or specifications required by the
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Department, as long as said vehicle is continuously in
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compliance with the vehicle design standards and
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specifications originally applicable to that vehicle, or
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until said vehicle's title of ownership is transferred.
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(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.
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(10) Prohibit any Vehicle Service Provider
from | ||
advertising, identifying its vehicles, or disseminating
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information in a false or misleading manner concerning the
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Provider's type and level of vehicles, location, primary
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service area, response times, level of personnel, | ||
licensure
status or System participation.
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(10.5) Prohibit any Vehicle Service Provider, whether | ||
municipal, private, or hospital-owned, from advertising | ||
itself as a critical care transport provider unless it | ||
participates in a Department-approved EMS System critical | ||
care transport plan.
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(11) Charge each Vehicle Service Provider a
fee per | ||
transport vehicle, due annually at time of inspection to be | ||
submitted with each application for licensure and
license | ||
renewal. The fee per transport vehicle shall be set by | ||
administrative rule by the Department and shall not exceed | ||
100 vehicles per provider.
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(Source: P.A. 96-1469, eff. 1-1-11; 97-333, eff. 8-12-11; | ||
97-1014, eff. 1-1-13.)
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