(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 verified by the Department. 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 Osteopathic Board of 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) (Blank).
(B) (Blank).
(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.
|
|
(12) Ensure that EMS systems are transporting
|
| pregnant women to the appropriate facilities based on the classification of the levels of maternal care described under subsection (a) of Section 2310-223 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.
|
|
(13) Provide administrative support to the EMT
|
| Training, Recruitment, and Retention Task Force.
|
|
(Source: P.A. 103-547, eff. 8-11-23.)
|
(210 ILCS 50/3.22) Sec. 3.22. EMT Training, Recruitment, and Retention Task Force. (a) The EMT Training, Recruitment, and Retention Task Force is created to address the following: (1) the impact that the EMT and Paramedic shortage is |
| having on this State's EMS System and health care system;
|
|
(2) barriers to the training, recruitment, and
|
| retention of Emergency Medical Technicians throughout this State;
|
|
(3) steps that the State of Illinois can take,
|
| including coordination and identification of State and federal funding sources, to assist Illinois high schools, community colleges, and ground ambulance providers to train, recruit, and retain emergency medical technicians;
|
|
(4) the examination of current testing mechanisms for
|
| EMRs, EMTs, and Paramedics and the utilization of the National Registry of Emergency Medical Technicians, including current pass rates by licensure level, national utilization, and test preparation strategies;
|
|
(5) how apprenticeship programs, local, regional, and
|
| statewide, can be utilized to recruit and retain EMRs, EMTs, and Paramedics;
|
|
(6) how ground ambulance reimbursement affects the
|
| recruitment and retention of EMTs and Paramedics; and
|
|
(7) all other areas that the Task Force deems
|
| necessary to examine and assist in the recruitment and retention of EMTs and Paramedics.
|
|
(b) The Task Force shall be comprised of the following members:
(1) one member of the Illinois General Assembly,
|
| appointed by the President of the Senate, who shall serve as co-chair;
|
|
(2) one member of the Illinois General Assembly,
|
| appointed by the Speaker of the House of Representatives;
|
|
(3) one member of the Illinois General Assembly,
|
| appointed by the Senate Minority Leader;
|
|
(4) one member of the Illinois General Assembly,
|
| appointed by the House Minority Leader, who shall serve as co-chair;
|
|
(5) 9 members representing private ground ambulance
|
| providers throughout this State representing for-profit and non-profit rural and urban ground ambulance providers, appointed by the President of the Senate;
|
|
(6) 3 members representing hospitals, appointed by
|
| the Speaker of the House of Representatives, with one member representing safety-net hospitals and one member representing rural hospitals;
|
|
(7) 3 members representing a statewide association of
|
| nursing homes, appointed by the President of the Senate;
|
|
(8) one member representing the State Board of
|
| Education, appointed by the House Minority Leader;
|
|
(9) 2 EMS Medical Directors from a Regional EMS
|
| Medical Directors Committee, appointed by the Governor; and
|
|
(10) one member representing the Illinois Community
|
| College Systems, appointed by the Minority Leader of the Senate.
|
|
(c) Members of the Task Force shall serve without compensation.
(d) The Task Force shall convene at the call of the co-chairs and shall hold at least 6 meetings.
(e) The Task Force shall submit its final report to the General Assembly and the Governor no later than September 1, 2024, and upon the submission of its final report, the Task Force shall be dissolved.
(Source: P.A. 103-547, eff. 8-11-23; 103-563, eff. 11-17-23.)
|
(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; and
|
|
(10) Regional standing medical orders for the
|
| administration of opioid antagonists.
|
|
(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 Trauma Centers, Level II Trauma Centers, and Level III 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 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. 103-1013, eff. 8-9-24.)
|
(210 ILCS 50/3.35) (Text of Section before amendment by P.A. 103-689 )
Sec. 3.35. Emergency Medical Services (EMS) Resource
Hospital; Functions.
The Resource Hospital of an EMS System shall:
(a) Prepare a Program Plan in accordance with the |
| provisions of this Act and minimum standards and criteria established in rules adopted by the Department pursuant to this Act, and submit such Program Plan to the Department for approval.
|
|
(b) Appoint an EMS Medical Director, who will
|
| continually monitor and supervise the System and who will have the responsibility and authority for total management of the System as delegated by the EMS Resource Hospital.
|
|
The Program Plan shall require the EMS Medical
|
| Director to appoint an alternate EMS Medical Director and establish a written protocol addressing the functions to be carried out in his or her absence.
|
|
(c) Appoint an EMS System Coordinator and EMS
|
| Administrative Director in consultation with the EMS Medical Director and in accordance with rules adopted by the Department pursuant to this Act.
|
|
(d) Identify potential EMS System participants and
|
| obtain commitments from them for the provision of services.
|
|
(e) Educate or coordinate the education of EMS
|
| personnel and all other license holders in accordance with the requirements of this Act, rules adopted by the Department pursuant to this Act, and the EMS System Program Plan.
|
|
(f) Notify the Department of EMS personnel who have
|
| successfully completed the requirements as provided by law for initial licensure, license renewal, and license reinstatement by the Department.
|
|
(g) Educate or coordinate the education of Emergency
|
| Medical Dispatcher candidates, in accordance with the requirements of this Act, rules adopted by the Department pursuant to this Act, and the EMS System Program Plan.
|
|
(h) Establish or approve protocols for prearrival
|
| medical instructions to callers by System Emergency Medical Dispatchers who provide such instructions.
|
|
(i) Educate or coordinate the education of
|
| Pre-Hospital Registered Nurse, Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN candidates, in accordance with the requirements of this Act, rules adopted by the Department pursuant to this Act, and the EMS System Program Plan.
|
|
(j) Approve Pre-Hospital Registered Nurse,
|
| Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN candidates to practice within the System, and reapprove Pre-Hospital Registered Nurses, Pre-Hospital Advanced Practice Registered Nurses, Pre-Hospital Physician Assistants, and ECRNs every 4 years in accordance with the requirements of the Department and the System Program Plan.
|
|
(k) Establish protocols for the use of Pre-Hospital
|
| Registered Nurses, Pre-Hospital Advanced Practice Registered Nurses, and Pre-Hospital Physician Assistants within the System.
|
|
(l) Establish protocols for utilizing ECRNs and
|
| physicians licensed to practice medicine in all of its branches to monitor telecommunications from, and give voice orders to, EMS personnel, under the authority of the EMS Medical Director.
|
|
(m) Monitor emergency and non-emergency medical
|
| transports within the System, in accordance with rules adopted by the Department pursuant to this Act.
|
|
(n) Utilize levels of personnel required by the
|
| Department to provide emergency care to the sick and injured at the scene of an emergency, during transport to a hospital or during inter-hospital transport and within the hospital emergency department until the responsibility for the care of the patient is assumed by the medical personnel of a hospital emergency department or other facility within the hospital to which the patient is first delivered by System personnel.
|
|
(o) Utilize levels of personnel required by the
|
| Department to provide non-emergency medical services during transport to a health care facility and within the health care facility until the responsibility for the care of the patient is assumed by the medical personnel of the health care facility to which the patient is delivered by System personnel.
|
|
(p) Establish and implement a program for System
|
| participant information and education, in accordance with rules adopted by the Department pursuant to this Act.
|
|
(q) Establish and implement a program for public
|
| information and education, in accordance with rules adopted by the Department pursuant to this Act.
|
|
(r) Operate in compliance with the EMS Region Plan.
(Source: P.A. 100-1082, eff. 8-24-19 .)
(Text of Section after amendment by P.A. 103-689 )
Sec. 3.35. Emergency Medical Services (EMS) Resource Hospital; Functions. The Resource Hospital of an EMS System shall:
(a) Prepare a Program Plan in accordance with the
|
| provisions of this Act and minimum standards and criteria established in rules adopted by the Department pursuant to this Act, and submit such Program Plan to the Department for approval.
|
|
(b) Appoint an EMS Medical Director, who will
|
| continually monitor and supervise the System and who will have the responsibility and authority for total management of the System as delegated by the EMS Resource Hospital.
|
|
The Program Plan shall require the EMS Medical
|
| Director to appoint an alternate EMS Medical Director and establish a written protocol addressing the functions to be carried out in his or her absence.
|
|
(c) Appoint an EMS System Coordinator and EMS
|
| Administrative Director in consultation with the EMS Medical Director and in accordance with rules adopted by the Department pursuant to this Act.
|
|
(d) Identify potential EMS System participants and
|
| obtain commitments from them for the provision of services.
|
|
(e) Educate or coordinate the education of EMS
|
| personnel and all other license holders in accordance with the requirements of this Act, rules adopted by the Department pursuant to this Act, and the EMS System Program Plan. An EMS System may coordinate education outside of the region of which it is located with valid justification and Department approval. The didactic portion of education may be conducted through an online platform with EMS System and Department approval. An education plan within a Resource Hospital may include classes performed outside of the region in which the Resource Hospital is located. When considering whether to approve or deny an education plan for classes performed outside of the region in which a Resource Hospital is located, the Department shall give deference to the EMS Medical Director's education plan request and shall not unreasonably withhold approval.
|
|
(f) Notify the Department of EMS personnel who have
|
| successfully completed the requirements as provided by law for initial licensure, license renewal, and license reinstatement by the Department.
|
|
(g) Educate or coordinate the education of Emergency
|
| Medical Dispatcher candidates, in accordance with the requirements of this Act, rules adopted by the Department pursuant to this Act, and the EMS System Program Plan.
|
|
(h) Establish or approve protocols for prearrival
|
| medical instructions to callers by System Emergency Medical Dispatchers who provide such instructions.
|
|
(i) Educate or coordinate the education of
|
| Pre-Hospital Registered Nurse, Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN candidates, in accordance with the requirements of this Act, rules adopted by the Department pursuant to this Act, and the EMS System Program Plan.
|
|
(j) Approve Pre-Hospital Registered Nurse,
|
| Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN candidates to practice within the System, and reapprove Pre-Hospital Registered Nurses, Pre-Hospital Advanced Practice Registered Nurses, Pre-Hospital Physician Assistants, and ECRNs every 4 years in accordance with the requirements of the Department and the System Program Plan.
|
|
(k) Establish protocols for the use of Pre-Hospital
|
| Registered Nurses, Pre-Hospital Advanced Practice Registered Nurses, and Pre-Hospital Physician Assistants within the System.
|
|
(l) Establish protocols for utilizing ECRNs and
|
| physicians licensed to practice medicine in all of its branches to monitor telecommunications from, and give voice orders to, EMS personnel, under the authority of the EMS Medical Director.
|
|
(m) Monitor emergency and non-emergency medical
|
| transports within the System, in accordance with rules adopted by the Department pursuant to this Act.
|
|
(n) Utilize levels of personnel required by the
|
| Department to provide emergency care to the sick and injured at the scene of an emergency, during transport to a hospital or during inter-hospital transport and within the hospital emergency department until the responsibility for the care of the patient is assumed by the medical personnel of a hospital emergency department or other facility within the hospital to which the patient is first delivered by System personnel.
|
|
(o) Utilize levels of personnel required by the
|
| Department to provide non-emergency medical services during transport to a health care facility and within the health care facility until the responsibility for the care of the patient is assumed by the medical personnel of the health care facility to which the patient is delivered by System personnel.
|
|
(p) Establish and implement a program for System
|
| participant information and education, in accordance with rules adopted by the Department pursuant to this Act.
|
|
(q) Establish and implement a program for public
|
| information and education, in accordance with rules adopted by the Department pursuant to this Act.
|
|
(r) Operate in compliance with the EMS Region Plan.
(Source: P.A. 103-689, eff. 1-1-25.)
|
(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 EMS personnel, EMS Lead Instructor (LI), individual, individual provider or other participant considered not to be meeting the requirements of the Program Plan of that approved EMS System. An EMS Medical Director must submit a suspension order to the Department describing which requirements of the Program Plan were not met and the suspension's duration. The Department shall review and confirm receipt of the suspension order, request additional information, or initiate an investigation. The Department shall incorporate the duration of that suspension into any further action taken by the Department to suspend, revoke, or refuse to issue or renew the license of the individual or entity for any violation of this Act or the Program Plan arising from the same conduct for which the suspension order was issued if the suspended party has neither requested a Department hearing on the suspension nor worked as a provider in any other System during the term of the suspension. (b) Prior to suspending any individual or entity, an EMS Medical Director shall provide an 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 individual or entity 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 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 individual or entity has waived the
|
| opportunity for a hearing before the local System review board;
|
|
(B) the order has been affirmed or modified by
|
| the local system review board and the individual or entity has waived the opportunity for review by the State Board; or
|
|
(C) the order has been affirmed or modified by
|
| the local system review board, and the local board's decision has been affirmed or modified by the State Board.
|
|
(c) An individual interviewed or investigated by the local system review board or the Department shall have the right to a union representative and legal counsel of the individual's choosing present at any interview. The union representative must comply with any confidentiality requirements and requirements for the protection of any patient information presented during the proceeding.
(d) An EMS Medical Director may immediately suspend an EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, PHAPRN, or other individual or entity if he or she finds that the continuation in practice by the individual or entity would constitute an imminent danger to the public. The suspended individual or entity shall be issued an immediate verbal notification followed by a written suspension order 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, telefax, or other Department-approved electronic communication, a copy of the suspension order and copies of any written materials which relate to the EMS Medical Director's decision to suspend the individual or entity. All medical and patient-specific information, including Department findings with respect to the quality of care rendered, shall be strictly confidential pursuant to the Medical Studies Act (Part 21 of Article VIII of the Code of Civil Procedure).
|
|
(2) Within 24 hours following the commencement of the
|
| suspension, the suspended individual or entity may deliver to the Department, by messenger, telefax, or other Department-approved electronic communication, a written response to the suspension order and copies of any written materials which the individual or entity feels are appropriate. All medical and patient-specific information, including Department findings with respect to the quality of care rendered, shall be strictly confidential pursuant to the Medical Studies Act.
|
|
(3) Within 24 hours following receipt of the EMS
|
| Medical Director's suspension order or the individual or entity's written response, whichever is later, the Director or the Director's designee shall determine whether the suspension should be stayed pending an opportunity for a hearing or review in accordance with this Act, or whether the suspension should continue during the course of that hearing or review. When an immediate suspension order is not stayed, the Director or the Director's designee within the Department shall identify if that suspension shall immediately apply to statewide participation only in situations when a licensee has been charged with a crime while performing the licensee's official duties as an EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, TNS, PHRN, LI, PHPA, or PHAPRN and the licensee's continuation to practice poses the possibility of imminent harm to the public based off factual evidence provided to the Department. The determination to issue an immediate statewide suspension shall not deny the right to due process to a licensee. The Director or the Director's designee shall issue this determination to the EMS Medical Director, who shall immediately notify the suspended individual or entity. The suspension shall remain in effect during this period of review by the Director or the Director's designee.
|
|
(e) Upon issuance of a suspension order for reasons directly related to medical care, the EMS Medical Director shall also provide the individual or entity 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 individual or entity 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 suspended individual or entity 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.
|
|
(f) 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 entity 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 EMS Medical Director shall inform the individual of the individual's right to have a union representative and legal counsel of the individual's choosing present at any interview. The union representative must comply with any confidentiality requirements and requirements for the protection of any patient information presented during the proceeding. 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.
(g) 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. 103-521, eff. 1-1-24; 103-779, eff. 8-2-24.)
|
(210 ILCS 50/3.50)
Sec. 3.50. Emergency Medical Services personnel licensure levels.
(a) "Emergency Medical Technician" or
"EMT" means a person who has successfully completed a course in basic life support
as approved 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. A valid Emergency Medical Technician-Basic (EMT-B) license issued under this Act shall continue to be valid and shall be recognized as an Emergency Medical Technician (EMT) license until the Emergency Medical Technician-Basic (EMT-B) license expires.
(b) "Emergency Medical Technician-Intermediate"
or "EMT-I" means a person who has successfully completed a
course in intermediate life support
as approved
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.
(b-5) "Advanced Emergency Medical Technician" or "A-EMT" means a person who has successfully completed a course in basic and limited advanced emergency medical care as approved 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) "Paramedic (EMT-P)" means a person who
has successfully completed a
course in advanced life support care
as approved
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. A valid Emergency Medical Technician-Paramedic (EMT-P) license issued under this Act shall continue to be valid and shall be recognized as a Paramedic license until the Emergency Medical Technician-Paramedic (EMT-P) license expires.
(c-5) "Emergency Medical Responder" or "EMR (First Responder)" means a person who has successfully completed a course in emergency medical response as approved by the Department and provides emergency medical response services in accordance with the level of care established by the National EMS Educational Standards Emergency Medical Responder course as modified by the Department, or who provides services as part of an EMS System response plan, as approved by the Department, of that EMS System. The Department shall have the authority to adopt rules governing the curriculum, practice, and necessary equipment applicable to Emergency Medical Responders. On August 15, 2014 (the effective date of Public Act 98-973), a person who is licensed by the Department as a First Responder and has completed a Department-approved course in first responder defibrillator training based on, or equivalent to, the National EMS Educational Standards or other standards previously recognized by the Department shall be eligible for licensure as an Emergency Medical Responder upon meeting the licensure requirements and submitting an application to the Department. A valid First Responder license issued under this Act shall continue to be valid and shall be recognized as an Emergency Medical Responder license until the First Responder license expires. (c-10) All EMS Systems and licensees shall be fully compliant with the National EMS Education Standards, as modified by the Department in administrative rules, within 24 months after the adoption of the administrative rules. (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 EMS personnel except for EMRs, based on the National EMS Educational Standards and any modifications to those curricula specified by the Department through rules adopted pursuant to this Act.
|
|
(2) Prescribe licensure testing requirements for all
|
| levels of EMS personnel, which shall include a requirement that all phases of instruction, training, and field experience be completed before taking the appropriate licensure examination. Candidates may elect to take the appropriate National Registry examination in lieu of the Department's examination, but are responsible for making their own arrangements for taking the National Registry examination. In prescribing licensure testing requirements for honorably discharged members of the armed forces of the United States under this paragraph (2), the Department shall ensure that a candidate's military emergency medical training, emergency medical curriculum completed, and clinical experience, as described in paragraph (2.5), are recognized.
|
|
(2.5) Review applications for EMS personnel 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 meet such standards, the Department shall offer the applicant the opportunity to successfully complete a Department-approved EMS personnel examination for the level of license 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 level of EMS personnel license issued.
|
|
(3) License individuals as an EMR, EMT, EMT-I, A-EMT,
|
| or Paramedic who have met the Department's education, training and examination requirements.
|
|
(4) Prescribe annual continuing education and
|
| relicensure requirements for all EMS personnel licensure levels.
|
|
(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
|
| A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years, based on their compliance with continuing education and relicensure requirements as required by the Department pursuant to this Act. Every 4 years, a Paramedic shall have 100 hours of approved continuing education, an EMT-I and an advanced EMT shall have 80 hours of approved continuing education, and an EMT shall have 60 hours of approved continuing education. An Illinois licensed EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose license has been expired for less than 36 months may apply for reinstatement by the Department. Reinstatement shall require that the applicant (i) submit satisfactory proof of completion of continuing medical education and clinical requirements to be prescribed by the Department in an administrative rule; (ii) submit a positive recommendation from an Illinois EMS Medical Director attesting to the applicant's qualifications for retesting; and (iii) pass a Department approved test for the level of EMS personnel license sought to be reinstated.
|
|
(6) Grant inactive status to any EMR, EMD, EMT,
|
| EMT-I, A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who qualifies, based on standards and procedures established by the Department in rules adopted pursuant to this Act.
|
|
(7) Charge a fee for EMS personnel examination,
|
| licensure, and license renewal.
|
|
(8) Suspend, revoke, or refuse to issue or renew the
|
| license of any licensee, after an opportunity for an impartial hearing before a neutral administrative law judge appointed by the Director, where the preponderance of the evidence shows one or more of the following:
|
|
(A) The licensee has not met continuing education
|
| or relicensure requirements as prescribed by the Department;
|
|
(B) The licensee has failed to maintain
|
| proficiency in the level of skills for which he or she is licensed;
|
|
(C) The licensee, 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 licensee 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 licensee 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 licensee 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;
|
|
(G) The licensee has violated this Act or any
|
| rule adopted by the Department pursuant to this Act; or
|
|
(H) The licensee has been convicted (or entered
|
| a plea of guilty or nolo contendere) by a court of competent jurisdiction of a Class X, Class 1, or Class 2 felony in this State or an out-of-state equivalent offense.
|
|
(9) Prescribe education and training requirements in
|
| the administration and use of opioid antagonists for all levels of EMS personnel based on the National EMS Educational Standards and any modifications to those curricula specified by the Department through rules adopted pursuant to this Act.
|
|
(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who is a member of the Illinois National Guard or an Illinois State Trooper or who exclusively serves as a volunteer for units of local government with a population base of less than 5,000 or as a volunteer
for a not-for-profit organization that serves a service area
with a population base of less than 5,000 may submit an application to the Department for a waiver of the fees described under paragraph (7) of subsection (d) of this Section on a form prescribed by the Department.
The education requirements prescribed by the Department under this Section 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 of the applicable EMS personnel license 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.
(f) At the time of applying for or renewing his or her license, an applicant for a license or license renewal may submit an email address to the Department. The Department shall keep the email address on file as a form of contact for the individual. The Department shall send license renewal notices electronically and by mail to a licensee who provides the Department with his or her email address. The notices shall be sent at least 60 days prior to the expiration date of the license.
(Source: P.A. 101-81, eff. 7-12-19; 101-153, eff. 1-1-20; 102-558, eff. 8-20-21; 102-623, eff. 8-27-21.)
|
(210 ILCS 50/3.55) Sec. 3.55. Scope of practice. (a) Any person currently licensed as an EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency and non-emergency medical services as defined in this Act, in accordance with his or her level of education, training and licensure, the standards of performance and conduct prescribed by the Department in rules adopted pursuant to this Act, and the requirements of the EMS System in which he or she practices, as contained in the approved Program Plan for that System. The Director may, by written order, temporarily modify individual scopes of practice in response to public health emergencies for periods not exceeding 180 days. (a-5) EMS personnel who have successfully completed a Department approved course in automated defibrillator operation and who are functioning within a Department approved EMS System may utilize such automated defibrillator according to the standards of performance and conduct prescribed by the Department in rules adopted pursuant to this Act and the requirements of the EMS System in which they practice, as contained in the approved Program Plan for that System. (a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic who has successfully completed a Department approved course in the administration of epinephrine shall be required to carry epinephrine with him or her as part of the EMS personnel medical supplies whenever he or she is performing official duties as determined by the EMS System. The epinephrine may be administered from a glass vial, auto-injector, ampule, or pre-filled syringe. (b) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license in pre-hospital or inter-hospital emergency care settings or non-emergency medical transport situations, under the written or verbal direction of the EMS Medical Director. For purposes of this Section, a "pre-hospital emergency care setting" may include a location, that is not a health care facility, which utilizes EMS personnel to render pre-hospital emergency care prior to the arrival of a transport vehicle. The location shall include communication equipment and all of the portable equipment and drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or Paramedic's level of care, as required by this Act, rules adopted by the Department pursuant to this Act, and the protocols of the EMS Systems, and shall operate only with the approval and under the direction of the EMS Medical Director. This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic from practicing within an emergency department or other health care setting for the purpose of receiving continuing education or training approved by the EMS Medical Director. This Section shall also not prohibit an EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic from seeking credentials other than his or her EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license and utilizing such credentials to work in emergency departments or other health care settings under the jurisdiction of that employer. (c) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may honor Do Not Resuscitate (DNR) orders and powers of attorney for health care only in accordance with rules adopted by the Department pursuant to this Act and protocols of the EMS System in which he or she practices. (d) A student enrolled in a Department approved EMS personnel program, while fulfilling the clinical training and in-field supervised experience requirements mandated for licensure or approval by the System and the Department, may perform prescribed procedures under the direct supervision of a physician licensed to practice medicine in all of its branches, a qualified registered professional nurse, or qualified EMS personnel, only when authorized by the EMS Medical Director. (e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may transport a police dog injured in the line of duty to a veterinary clinic or similar facility if there are no persons requiring medical attention or transport at that time. For the purposes of this subsection, "police dog" means a dog owned or used by a law enforcement department or agency in the course of the department or agency's work, including a search and rescue dog, service dog, accelerant detection canine, or other dog that is in use by a county, municipal, or State law enforcement agency. (f) Nothing in this Act shall be construed to prohibit an EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an initial Occupational Safety and Health Administration Respirator Medical Evaluation Questionnaire on behalf of fire service personnel, as permitted by his or her EMS System Medical Director. (g) An EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA shall be eligible to work for another EMS System for a period not to exceed 2 weeks if the individual is under the direct supervision of another licensed individual operating at the same or higher level as the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA; obtained approval in writing from the EMS System's Medical Director; and tests into the EMS System based upon appropriate standards as outlined in the EMS System Program Plan. The EMS System within which the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA is seeking to join must make all required testing available to the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA within 2 weeks after the written request. Failure to do so by the EMS System shall allow the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA to continue working for another EMS System until all required testing becomes available. (h) A member of a fire department's or fire protection district's collective bargaining unit shall be eligible to work under a silver spanner program for another EMS System's fire department or fire protection district that is not the full-time employer of that member, for a period not to exceed 2 weeks, if the member: (1) is under the direct supervision of another licensed individual operating at the same or higher licensure level as the member; (2) made a written request to the EMS System's Medical Director for approval to work under the silver spanner program, which shall be approved or denied within 24 hours after the EMS System's Medical Director received the request; and (3) tests into the EMS System based upon appropriate standards as outlined in the EMS System Program Plan. The EMS System within which the member is seeking to join must make all required testing available to the member within 2 weeks of the written request. Failure to do so by the EMS System shall allow the member to continue working under a silver spanner program until all required testing becomes available. (Source: P.A. 102-79, eff. 1-1-22; 103-521, eff. 1-1-24; 103-547, eff. 8-11-23; 103-605, eff. 7-1-24.) |
(210 ILCS 50/3.65) (Text of Section before amendment by P.A. 103-689 )
Sec. 3.65. EMS Lead Instructor.
(a) "EMS Lead Instructor" means a person who has
successfully completed a course of education as approved
by the Department, and who is currently approved by the
Department to coordinate or teach education, training
and continuing education courses, in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act.
(b) The Department shall have the authority and
responsibility to:
(1) Prescribe education requirements for EMS Lead |
| Instructor candidates through rules adopted pursuant to this Act.
|
|
(2) Prescribe testing requirements for EMS Lead
|
| Instructor candidates through rules adopted pursuant to this Act.
|
|
(3) Charge each candidate for EMS Lead Instructor a
|
| fee to be submitted with an application for an examination, an application for licensure, and an application for relicensure.
|
|
(4) Approve individuals as EMS Lead Instructors who
|
| have met the Department's education and testing requirements.
|
|
(5) Require that all education, training and
|
| continuing education courses for EMT, EMT-I, A-EMT, Paramedic, PHRN, PHPA, PHAPRN, ECRN, EMR, and Emergency Medical Dispatcher be coordinated by at least one approved EMS Lead Instructor. A program which includes education, training or continuing education for more than one type of personnel may use one EMS Lead Instructor to coordinate the program, and a single EMS Lead Instructor may simultaneously coordinate more than one program or course.
|
|
(6) Provide standards and procedures for awarding EMS
|
| Lead Instructor approval to persons previously approved by the Department to coordinate such courses, based on qualifications prescribed by the Department through rules adopted pursuant to this Act.
|
|
(7) Suspend, revoke, or refuse to issue or renew the
|
| approval of an EMS Lead Instructor, after an opportunity for a hearing, when findings show one or more of the following:
|
|
(A) The EMS Lead Instructor has failed to conduct
|
| a course in accordance with the curriculum prescribed by this Act and rules adopted by the Department pursuant to this Act; or
|
|
(B) The EMS Lead Instructor has failed to comply
|
| with protocols prescribed by the Department through rules adopted pursuant to this Act.
|
|
(Source: P.A. 100-1082, eff. 8-24-19 .)
(Text of Section after amendment by P.A. 103-689 )
Sec. 3.65. EMS Lead Instructor.
(a) "EMS Lead Instructor" means a person who has successfully completed a course of education as approved by the Department, and who is currently approved by the Department to coordinate or teach education, training and continuing education courses, in accordance with standards prescribed by this Act and rules adopted by the Department pursuant to this Act.
(b) The Department shall have the authority and responsibility to:
(1) Prescribe education requirements for EMS Lead
|
| Instructor candidates through rules adopted pursuant to this Act.
|
|
(2) Prescribe testing requirements for EMS Lead
|
| Instructor candidates through rules adopted pursuant to this Act.
|
|
(3) Charge each candidate for EMS Lead Instructor a
|
| fee to be submitted with an application for an examination, an application for licensure, and an application for relicensure.
|
|
(4) Approve individuals as EMS Lead Instructors who
|
| have met the Department's education and testing requirements.
|
|
(5) Require that all education, training and
|
| continuing education courses for EMT, EMT-I, A-EMT, Paramedic, PHRN, PHPA, PHAPRN, ECRN, EMR, and Emergency Medical Dispatcher be coordinated by at least one approved EMS Lead Instructor. A program which includes education, training or continuing education for more than one type of personnel may use one EMS Lead Instructor to coordinate the program, and a single EMS Lead Instructor may simultaneously coordinate more than one program or course. An EMS Lead Instructor may oversee a paramedic with at least 3 years of experience to teach EMT classes, with a licensed teacher, in high schools. High school students electing to not take the National Registry of Emergency Medical Technicians (NREMT) Certification exam shall not be accounted for in calculating the course pass rate by the EMS System or Department.
|
|
(6) Provide standards and procedures for awarding EMS
|
| Lead Instructor approval to persons previously approved by the Department to coordinate such courses, based on qualifications prescribed by the Department through rules adopted pursuant to this Act.
|
|
(7) Suspend, revoke, or refuse to issue or renew the
|
| approval of an EMS Lead Instructor, after an opportunity for a hearing, when findings show one or more of the following:
|
|
(A) The EMS Lead Instructor has failed to conduct
|
| a course in accordance with the curriculum prescribed by this Act and rules adopted by the Department pursuant to this Act; or
|
|
(B) The EMS Lead Instructor has failed to comply
|
| with protocols prescribed by the Department through rules adopted pursuant to this Act.
|
|
(Source: P.A. 103-689, eff. 1-1-25.)
|
(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 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.
(b) The Department shall have the authority and
responsibility to:
(1) Require licensure and relicensure of a person who |
| meets the training and other requirements as an emergency medical dispatcher pursuant to this Act.
|
|
(2) Require licensure and relicensure 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 standards specified by 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 license 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 relicensure requirement that
|
| requires medical dispatch-specific continuing education as prescribed by the Department through rules adopted pursuant to this Act.
|
|
(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 licensed 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, licensed 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 relicensure for the dispatcher.
|
|
(16) Charge each Emergency Medical Dispatcher
|
| applicant a fee for licensure and license renewal.
|
|
(c) The Department shall have the authority to suspend, revoke, or refuse to issue or renew the license of an EMD when, after notice and the opportunity for an impartial hearing, the Department demonstrates that the licensee has violated this Act, violated the rules adopted by the Department, or failed to comply with the applicable standard of care.
(Source: P.A. 98-973, eff. 8-15-14.)
|
(210 ILCS 50/3.80)
Sec. 3.80. Pre-Hospital Registered Nurse, Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and Emergency Communications Registered Nurse.
(a) "Emergency Communications Registered Nurse" or
"ECRN" means a registered professional nurse licensed under
the Nurse Practice Act who
has
successfully completed supplemental education in accordance
with rules adopted by the Department, and who is approved by
an EMS Medical Director to monitor telecommunications from
and give voice orders to EMS System personnel, under the
authority of the EMS Medical Director and in accordance with
System protocols. For out-of-state facilities that have Illinois recognition under the EMS, trauma or pediatric programs, the professional shall have an unencumbered registered nurse license in the state in which he or she practices. In this Section, the term "license" is used to reflect a change in terminology from "certification" to "license" only.
(b) "Pre-Hospital Registered Nurse", "PHRN", or "Pre-Hospital RN" means a registered professional nurse licensed under
the Nurse Practice Act who has
successfully completed supplemental education in accordance
with rules adopted by the Department pursuant to this Act,
and who is approved by an EMS Medical Director to practice
within an Illinois EMS System as emergency medical services personnel
for pre-hospital and inter-hospital emergency care and
non-emergency medical transports. For out-of-state facilities that have Illinois recognition under the EMS, trauma or pediatric programs, the professional shall have an unencumbered registered nurse license in the state in which he or she practices. In this Section, the term "license" is used to reflect a change in terminology from "certification" to "license" only.
(b-5) "Pre-Hospital Advanced Practice Registered Nurse", "PHAPRN", or "Pre-Hospital APRN" means an advanced practice registered nurse licensed under the Nurse Practice Act who has successfully completed supplemental education in accordance with rules adopted by the Department pursuant to this Act, and who has the approval of an EMS Medical Director to practice within an Illinois EMS System as emergency medical services personnel for pre-hospital and inter-hospital emergency care and non-emergency medical transports. For out-of-state facilities that have Illinois recognition under the EMS, trauma or pediatric programs, the professional shall have an unencumbered advanced practice registered nurse license in the state in which he or she practices. (b-10) "Pre-Hospital Physician Assistant", "PHPA", or "Pre-Hospital PA" means a physician assistant licensed under the Physician Assistant Practice Act of 1987 who has successfully completed supplemental education in accordance with rules adopted by the Department pursuant to this Act, and who has the approval of an EMS Medical Director to practice within an Illinois EMS System as emergency medical services personnel for pre-hospital and inter-hospital emergency care and non-emergency medical transports. For out-of-state facilities that have Illinois recognition under the EMS, trauma or pediatric programs, the professional shall have an unencumbered physician assistant license in the state in which he or she practices. (c) The Department shall have the authority and
responsibility to:
(1) Prescribe or pre-approve education and continuing |
| education requirements for Pre-Hospital Registered Nurse, Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN candidates through rules adopted pursuant to this Act:
|
|
(A) Education for a Pre-Hospital Registered
|
| Nurse, a Pre-Hospital Advanced Practice Registered Nurse, or a Pre-Hospital Physician Assistant shall include extrication, telecommunications, EMS System standing medical orders, the procedures and protocols established by the EMS Medical Director, and pre-hospital cardiac, medical, and trauma care;
|
|
(B) Education for ECRN shall include
|
| telecommunications, System standing medical orders and the procedures and protocols established by the EMS Medical Director;
|
|
(C) A Pre-Hospital Registered Nurse, Pre-Hospital
|
| Advanced Practice Registered Nurse, or Pre-Hospital Physician Assistant candidate who is fulfilling clinical training and in-field supervised experience requirements may perform prescribed procedures under the direct supervision of a physician licensed to practice medicine in all of its branches, a qualified registered professional nurse or a qualified EMT, only when authorized by the EMS Medical Director;
|
|
(D) An EMS Medical Director may impose in-field
|
| supervised field experience requirements on System ECRNs as part of their training or continuing education, in which they perform prescribed procedures under the direct supervision of a physician licensed to practice medicine in all of its branches, a qualified registered professional nurse, or qualified EMS personnel, only when authorized by the EMS Medical Director;
|
|
(2) Require EMS Medical Directors to reapprove
|
| Pre-Hospital Registered Nurses, Pre-Hospital Advanced Practice Registered Nurses, Pre-Hospital Physician Assistants, and ECRNs every 4 years, based on compliance with continuing education requirements prescribed by the Department through rules adopted pursuant to this Act;
|
|
(3) Allow EMS Medical Directors to grant inactive EMS
|
| System status to any Pre-Hospital Registered Nurse, Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, or ECRN who qualifies, based on standards and procedures established by the Department in rules adopted pursuant to this Act;
|
|
(4) Require a Pre-Hospital Registered Nurse, a
|
| Pre-Hospital Advanced Practice Registered Nurse, or a Pre-Hospital Physician Assistant to honor Do Not Resuscitate (DNR) orders and powers of attorney for health care only in accordance with rules adopted by the Department pursuant to this Act and protocols of the EMS System in which he or she practices;
|
|
(5) Charge each Pre-Hospital Registered Nurse,
|
| Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN applicant a fee for licensure and relicensure.
|
|
(d) The Department shall have the authority to suspend, revoke, or refuse to issue or renew a Department-issued PHRN, PHAPRN, PHPA, or ECRN license when, after notice and the opportunity for a hearing, the Department demonstrates that the licensee has violated this Act, violated the rules adopted by the Department, or failed to comply with the applicable standards of care.
(Source: P.A. 100-1082, eff. 8-24-19 .)
|
(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).
|
|
(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
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
|
| maintenance standards, including standards for the use of reserve ambulances;
|
|
(B) Equipment requirements;
(C) Staffing requirements; and
(D) License renewal at intervals determined by
|
| the Department, which shall be not less than every 4 years.
|
|
The Department's standards and requirements with
|
| respect to vehicle staffing for private, nonpublic local government employers must allow for alternative staffing models that include an EMR with a licensed EMT, EMT-I, A-EMT, Paramedic, or PHRN, as appropriate, pursuant to the approval of the EMS System Program Plan developed and approved by the EMS Medical Director for an EMS System. The EMS personnel licensed at the highest level shall provide the initial assessment of the patient to determine the level of care required for transport to the receiving health care facility, and this assessment shall be documented in the patient care report and documented with online medical control. The EMS personnel licensed at or above the level of care required by the specific patient as directed by the EMS Medical Director shall be the primary care provider en route to the destination facility or patient's residence. The Department shall monitor the implementation and performance of alternative staffing models and may issue a notice of termination of an alternative staffing model only upon evidence that an EMS System Program Plan is not being adhered to. Adoption of an alternative staffing model shall not result in a Vehicle Service Provider being prohibited or limited in the utilization of its staff or equipment from providing any of the services authorized by this Act or as otherwise outlined in the approved EMS System Program Plan, including, without limitation, the deployment of resources to provide out-of-state disaster response. EMS System Program Plans must address a process for out-of-state disaster response deployments that must meet the following:
|
|
(A) All deployments to provide out-of-state
|
| disaster response must first be approved by the EMS Medical Director and submitted to the Department.
|
|
(B) The submission must include the number of
|
| units being deployed, vehicle identification numbers, length of deployment, and names of personnel and their licensure level.
|
|
(C) Ensure that all necessary in-state requests
|
| for services will be covered during the duration of the deployment.
|
|
An EMS System Program Plan for a Basic Life Support,
|
| advanced life support, and critical care transport utilizing an EMR and an EMT shall include the following:
|
|
(A) Alternative staffing models for a Basic Life
|
| Support transport utilizing an EMR shall only be utilized for interfacility Basic Life Support transports as specified by the EMS System Program Plan as determined by the EMS System Medical Director.
|
|
(B) Protocols that shall include dispatch
|
| procedures to properly screen and assess patients for EMR-staffed transports.
|
|
(C) A requirement that a provider and EMS System
|
| shall implement a quality assurance plan that shall include for the initial waiver period the review of at least 5% of total interfacility transports utilizing an EMR with mechanisms outlined to audit dispatch screening, reason for transport, patient diagnosis, level of care, and the outcome of transports performed. Quality assurance reports must be submitted and reviewed by the provider and EMS System monthly and made available to the Department upon request. The percentage of transports reviewed under quality assurance plans for renewal periods shall be determined by the EMS Medical Director, however, it shall not be less than 3%.
|
|
(D) The EMS System Medical Director shall develop
|
| a minimum set of requirements for individuals based on level of licensure that includes education, training, and credentialing for all team members identified to participate in an alternative staffing plan. The EMT, Paramedic, PHRN, PHPA, PHAPRN, and critical care transport staff shall have the minimum experience in performance of pre-hospital and inter-hospital care, as determined by the EMS Medical Director in accordance with the EMS System Program Plan, but at a minimum of 6 months of prehospital experience or at least 50 documented patient care interventions during transport as the primary care provider and approved by the Department.
|
|
(E) The licensed EMR must complete a defensive
|
| driving course prior to participation in the Department's alternative staffing model.
|
|
(F) The length of the EMS System Program Plan for
|
| a Basic Life Support transport utilizing an EMR shall be for one year, and must be renewed annually if proof of the criteria being met is submitted, validated, and approved by the EMS Medical Director for the EMS System and the Department.
|
|
(G) Beginning July 1, 2023, the utilization of
|
| EMRs for advanced life support transports and Tier III Critical Care Transports shall be allowed for periods not to exceed 3 years under a pilot program. The pilot program shall not be implemented before Department approval. Agencies requesting to utilize this staffing model for the time period of the pilot program must complete the following:
|
|
(i) Submit a waiver request to the Department
|
| requesting to participate in the pilot program with specific details of how quality assurance and improvement will be gathered, measured, reported to the Department, and reviewed and utilized internally by the participating agency.
|
|
(ii) Submit a signed approval letter from the
|
| EMS System Medical Director approving participation in the pilot program.
|
|
(iii) Submit updated EMS System plans,
|
| additional education, and training of the EMR and protocols related to the pilot program.
|
|
(iv) Submit agency policies and procedures
|
| related to the pilot program.
|
|
(v) Submit the number of individuals
|
| currently participating and committed to participating in education programs to achieve a higher level of licensure at the time of submission.
|
|
(vi) Submit an explanation of how the
|
| provider will support individuals obtaining a higher level of licensure and encourage a higher level of licensure during the year of the alternative staffing plan and specific examples of recruitment and retention activities or initiatives.
|
|
Upon submission of a renewal application and
|
| recruitment and retention plan, the provider shall include additional data regarding current employment numbers, attrition rates over the year, and activities and initiatives over the previous year to address recruitment and retention.
|
|
The information required under this subparagraph
|
| (G) shall be provided to and retained by the EMS System upon initial application and renewal and shall be provided to the Department upon request.
|
|
The Department 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.
|
|
(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, critical care transport, SEMSV, limited operation vehicle, special use vehicle, reserve ambulance).
|
|
(5) Annually inspect all licensed vehicles operated
|
| by Vehicle Service Providers.
|
|
(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.
|
|
(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.
|
|
(11) Charge each Vehicle Service Provider a fee per
|
| transport vehicle, due annually at time of inspection. The fee per transport vehicle shall be set by administrative rule by the Department and shall not exceed 100 vehicles per provider.
|
|
(12) Beginning July 1, 2023, as part of a pilot
|
| program that shall not exceed a term of 3 years, an ambulance may be upgraded to a higher level of care for interfacility transports by an ambulance assistance vehicle with appropriate equipment and licensed personnel to intercept with the licensed ambulance at the sending facility before departure. The pilot program shall not be implemented before Department approval. To participate in the pilot program, an agency must:
|
|
(A) Submit a waiver request to the Department
|
| with intercept vehicle vehicle identification numbers, calls signs, equipment detail, and a robust quality assurance plan that shall list, at minimum, detailed reasons each intercept had to be completed, barriers to initial dispatch of advanced life support services, and how this benefited the patient.
|
|
(B) Report to the Department quarterly additional
|
| data deemed meaningful by the providing agency along with the data required under subparagraph (A) of this paragraph (12).
|
|
(C) Obtain a signed letter of approval from the
|
| EMS Medical Director allowing for participation in the pilot program.
|
|
(D) Update EMS System plans and protocols from
|
|
(E) Update policies and procedures from the
|
| agencies participating in the pilot program.
|
|
(Source: P.A. 102-623, eff. 8-27-21; 103-547, eff. 8-11-23.)
|
(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.
|
|
(c) A stretcher van provider may provide transport of a passenger on a stretcher, provided the passenger meets all of the following requirements:
(1) (Blank).
(2) He or she needs no medical monitoring or clinical
|
|
(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 clinical observation, 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 being transported to a hospital for
|
| emergency medical treatment.
|
|
(2) He or she is experiencing an emergency medical
|
| condition or needs active medical monitoring, including isolation precautions, supplemental oxygen that is not self-administered, continuous airway management, suctioning during transport, or the administration of intravenous fluids during transport.
|
|
(e) (Blank).
(Source: P.A. 103-363, eff. 7-28-23.)
|
(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 and Level III 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. (a-5) An Acute Injury Stabilization Center shall have a basic or comprehensive emergency department capable of initial management and transfer of the acutely injured in accordance with rules adopted by the Department pursuant to this Act. (b) The Department shall have the authority and responsibility to: (1) Establish and enforce minimum standards for |
| designation and re-designation of 3 levels of trauma centers that meet trauma center national standards, as modified by the Department in administrative rules;
|
|
(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;
|
|
(4) Designate applicant hospitals as Level I, Level
|
| II, or Level III Trauma Centers which meet the minimum standards established by this Act and the Department. 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 and Level III Trauma Centers and Acute Injury Stabilization 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 suspend or 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 3.135 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
|
| non-compliance with the Act or 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 in writing and 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. 103-1013, eff. 8-9-24.)
|
(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 and annual fee to the Department and shall be deemed, within 30 business days of its receipt by the Department, to be a State-designated Primary Stroke Center.
|
|
(3) A center designated as a Primary Stroke Center
|
| shall pay an annual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fees shall be deposited into the Stroke Data Collection Fund.
|
|
(3.5) 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 notify the Department and the Regional EMS Advisory Committee within 5 business days.
|
|
(a-5) The Department shall attempt to designate Comprehensive Stroke Centers in all areas of the State.
(1) The Department shall designate as many certified
|
| Comprehensive Stroke Centers as apply for that designation, provided that the Comprehensive Stroke Centers are certified by a nationally recognized certifying body approved by the Department, and provided that the certifying body's certification criteria are consistent with the most current nationally recognized and evidence-based stroke guidelines for reducing the occurrence of stroke and the disabilities and death associated with stroke.
|
|
(2) A hospital certified as a Comprehensive Stroke
|
| Center shall send a copy of the Certificate and annual fee to the Department and shall be deemed, within 30 business days of its receipt by the Department, to be a State-designated Comprehensive Stroke Center.
|
|
(3) A hospital designated as a Comprehensive Stroke
|
| Center shall pay an annual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fees shall be deposited into the Stroke Data Collection Fund.
|
|
(4) With respect to a hospital that is a designated
|
| Comprehensive Stroke Center, the Department shall have the authority and responsibility to do the following:
|
|
(A) Suspend or revoke the hospital's
|
| Comprehensive Stroke Center designation upon receiving notice that the hospital's Comprehensive Stroke Center certification has lapsed or has been revoked by the State recognized certifying body.
|
|
(B) Suspend the hospital's Comprehensive Stroke
|
| Center designation, in extreme circumstances in which 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 Comprehensive Stroke Center certification of that previously designated hospital.
|
|
(D) Suspend the hospital's Comprehensive Stroke
|
| Center designation at the request of a hospital seeking to suspend its own Department designation.
|
|
(5) Comprehensive Stroke Center designation shall
|
| remain valid at all times while the hospital maintains its certification as a Comprehensive Stroke Center, in good standing, with the certifying body. The duration of a Comprehensive Stroke Center designation shall coincide with the duration of its Comprehensive Stroke Center certification. Each designated Comprehensive Stroke Center shall have its designation automatically renewed upon the Department's receipt of a copy of the certifying body's certification renewal.
|
|
(6) A hospital that no longer meets nationally
|
| recognized, evidence-based standards for Comprehensive Stroke Centers, or loses its Comprehensive Stroke Center certification, shall notify the Department and the Regional EMS Advisory Committee within 5 business days.
|
|
(a-5) The Department shall attempt to designate Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, and Primary Stroke Centers Plus in all areas of the State according to the following requirements:
(1) The Department shall designate as many
|
| certified Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, and Primary Stroke Centers Plus as apply for that designation, provided that the body certifying the facility uses certification criteria consistent with the most current nationally recognized and evidence-based stroke guidelines for reducing the occurrence of strokes and the disabilities and death associated with strokes.
|
|
(2) A Thrombectomy Capable Stroke Center,
|
| Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus shall send a copy of the certificate of its designation and annual fee to the Department and shall be deemed, within 30 business days after its receipt by the Department, to be a State-designated Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus.
|
|
(3) A Thrombectomy Capable Stroke Center,
|
| Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus shall pay an annual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fees collected under this paragraph shall be deposited into the Stroke Data Collection Fund.
|
|
(4) With respect to a Thrombectomy Capable Stroke
|
| Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus, the Department shall:
|
|
(A) suspend or revoke the Thrombectomy Capable
|
| Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus designation upon receiving notice that the Thrombectomy Capable Stroke Center's, Thrombectomy Ready Stroke Center's, or Primary Stroke Center Plus's certification has lapsed or has been revoked by its certifying body;
|
|
(B) in extreme circumstances in which patients
|
| may be at risk for immediate harm or death, suspend the Thrombectomy Capable Stroke Center's, Thrombectomy Ready Stroke Center's, or Primary Stroke Center Plus's designation until its certifying body investigates the circumstances and makes a final determination regarding its certification;
|
|
(C) restore any previously suspended or revoked
|
| Department designation upon notice to the Department that the certifying body has confirmed or restored the Thrombectomy Capable Stroke Center's, Thrombectomy Ready Stroke Center's, or Primary Stroke Center Plus's certification; and
|
|
(D) suspend the Thrombectomy Capable Stroke
|
| Center's, Thrombectomy Ready Stroke Center's, or Primary Stroke Center Plus's designation at the request of a facility seeking to suspend its own Department designation.
|
|
(5) A Thrombectomy Capable Stroke Center,
|
| Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus designation shall remain valid at all times while the facility maintains its certification as a Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus and is in good standing with the certifying body. The duration of a Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus designation shall be the same as the duration of its Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus certification. Each designated Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus shall have its designation automatically renewed upon the Department's receipt of a copy of the certifying body's renewal of the certification.
|
|
(6) A hospital that no longer meets the criteria for
|
| Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, or Primary Stroke Centers Plus, or loses its Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus certification, shall notify the Department and the Regional EMS Advisory Committee of the situation within 5 business days after being made aware of it.
|
|
(b) Beginning on the first day of the month that begins 12 months after the adoption of rules authorized by this subsection, the Department shall attempt to designate hospitals as Acute Stroke-Ready Hospitals in all areas of the State. Designation may be approved by the Department after a hospital has been certified as an Acute Stroke-Ready Hospital or through application and designation by the Department. For any hospital that is designated as an Emergent Stroke Ready Hospital at the time that the Department begins the designation of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready designation shall remain intact for the duration of the 12-month period until that designation expires. Until the Department begins the designation of hospitals as Acute Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke Ready Hospital designation utilizing the processes and criteria provided in Public Act 96-514.
(1) (Blank).
(2) Hospitals may apply for, and receive, Acute
|
| 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 Acute Stroke-Ready Hospital designation and pays an annual fee.
|
|
A hospital designated as an Acute Stroke-Ready
|
| Hospital shall pay an annual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fees shall be deposited into the Stroke Data Collection Fund.
|
|
(2.5) A hospital may apply for, and receive, Acute
|
| Stroke-Ready Hospital designation from the Department, provided that the hospital provides proof of current Acute Stroke-Ready Hospital certification and the hospital pays an annual fee.
|
|
(A) Acute Stroke-Ready Hospital designation shall
|
| remain valid at all times while the hospital maintains its certification as an Acute Stroke-Ready Hospital, in good standing, with the certifying body.
|
|
(B) The duration of an Acute Stroke-Ready
|
| Hospital designation shall coincide with the duration of its Acute Stroke-Ready Hospital certification.
|
|
(C) Each designated Acute Stroke-Ready Hospital
|
| shall have its designation automatically renewed upon the Department's receipt of a copy of the certifying body's certification renewal and Application for Stroke Center Designation form.
|
|
(D) A hospital must submit a copy of its
|
| certification renewal from the certifying body as soon as practical but no later than 30 business days after that certification is received by the hospital. Upon the Department's receipt of the renewal certification, the Department shall renew the hospital's Acute Stroke-Ready Hospital designation.
|
|
(E) A hospital designated as an Acute
|
| Stroke-Ready Hospital shall pay an annual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fees shall be deposited into the Stroke Data Collection Fund.
|
|
(3) Hospitals seeking Acute Stroke-Ready Hospital
|
| designation that do not have certification shall develop policies and procedures that are consistent with 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 Acute Stroke-Ready Hospital designation of hospitals shall be limited to the ability of a hospital to:
|
|
(A) create written acute care protocols related
|
|
(A-5) participate in the data collection system
|
| provided in Section 3.118, if available;
|
|
(B) maintain a written transfer agreement with
|
| one or more hospitals that have neurosurgical expertise;
|
|
(C) designate a Clinical Director of Stroke Care
|
| who shall be a clinical member of the hospital staff with training or experience, as defined by the facility, in the care of patients with cerebrovascular disease. This training or experience may include, but is not limited to, completion of a fellowship or other specialized training in the area of cerebrovascular disease, attendance at national courses, or prior experience in neuroscience intensive care units. The Clinical Director of Stroke Care may be a neurologist, neurosurgeon, emergency medicine physician, internist, radiologist, advanced practice registered nurse, or physician's assistant;
|
|
(C-5) provide rapid access to an acute stroke
|
| team, as defined by the facility, that considers and reflects nationally recognized, evidence-based protocols or guidelines;
|
|
(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 Acute Stroke-Ready Hospital;
|
|
(H) admit stroke patients to a unit that can
|
| provide appropriate care that considers and reflects nationally recognized, evidence-based protocols or guidelines or transfer stroke patients to an Acute Stroke-Ready Hospital, Primary Stroke Center, or Comprehensive Stroke Center, or another facility that can provide the appropriate care that considers and reflects nationally recognized, evidence-based protocols or guidelines; and
|
|
(I) demonstrate compliance with nationally
|
| recognized quality indicators.
|
|
(4) With respect to Acute Stroke-Ready Hospital
|
| designation, the Department shall have the authority and responsibility to do the following:
|
|
(A) Require hospitals applying for Acute
|
| 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 an Acute Stroke-Ready Hospital.
|
|
(A-5) Require hospitals applying for Acute
|
| Stroke-Ready Hospital designation via national Acute Stroke-Ready Hospital certification to provide proof of current Acute Stroke-Ready Hospital certification, in good standing.
|
|
The Department shall require a hospital that is
|
| already certified as an Acute Stroke-Ready Hospital to send a copy of the Certificate to the Department.
|
|
Within 30 business days of the Department's
|
| receipt of a hospital's Acute Stroke-Ready Certificate and Application for Stroke Center Designation form that indicates that the hospital is a certified Acute Stroke-Ready Hospital, in good standing, the hospital shall be deemed a State-designated Acute Stroke-Ready Hospital. The Department shall send a designation notice to each hospital that it designates as an Acute Stroke-Ready Hospital and shall add the names of designated Acute Stroke-Ready Hospitals to the website listing immediately upon designation. The Department shall immediately remove the name of a hospital from the website listing when a hospital loses its designation after notice and, if requested by the hospital, a hearing.
|
|
The Department shall develop an Application for
|
| Stroke Center Designation form that contains a statement that "The above named facility meets the requirements for Acute Stroke-Ready Hospital Designation as provided in Section 3.117 of the Emergency Medical Services (EMS) Systems Act" and shall instruct the applicant facility to provide: the hospital name and address; the hospital CEO or Administrator's typed name and signature; the hospital Clinical Director of Stroke Care's typed name and signature; and a contact person's typed name, email address, and phone number.
|
|
The Application for Stroke Center Designation
|
| form shall contain a statement that instructs the hospital to "Provide proof of current Acute Stroke-Ready Hospital certification from a nationally recognized certifying body approved by the Department".
|
|
(B) Designate a hospital as an Acute Stroke-Ready
|
| Hospital no more than 30 business days after receipt of an attestation that meets the requirements for attestation, unless the Department, within 30 days of receipt of the attestation, chooses to conduct an onsite survey prior to designation. If the Department chooses to conduct an onsite survey prior to designation, then the onsite survey shall be conducted within 90 days of receipt of the attestation.
|
|
(C) Require annual written attestation, on a form
|
| developed by the Department in consultation with the State Stroke Advisory Subcommittee, by Acute Stroke-Ready Hospitals to indicate compliance with Acute Stroke-Ready Hospital criteria, as described in this Section, and automatically renew Acute Stroke-Ready Hospital designation of the hospital.
|
|
(D) Issue an Emergency Suspension of Acute
|
| Stroke-Ready Hospital designation when the Director, or his or her designee, has determined that the hospital no longer meets the Acute Stroke-Ready Hospital criteria and an immediate and serious danger to the public health, safety, and welfare exists. If the Acute 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 Acute Stroke-Ready Hospital designation. The Acute Stroke-Ready Hospital may appeal the revocation within 15 business 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 Acute Stroke-Ready Hospital designation, when the Department finds the hospital is not in substantial compliance with current Acute Stroke-Ready Hospital criteria.
|
|
(c) The Department shall consult with the State Stroke Advisory Subcommittee for developing the designation, re-designation, and de-designation processes for Comprehensive Stroke Centers, Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, Primary Stroke Centers Plus, Primary Stroke Centers, and Acute Stroke-Ready Hospitals.
(d) The Department shall consult with the State Stroke Advisory Subcommittee as subject matter experts at least annually regarding stroke standards of care.
(Source: P.A. 102-687, eff. 12-17-21; 103-149, eff. 1-1-24 .)
|
(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 Comprehensive Stroke Centers, Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, Primary Stroke Centers Plus, Primary Stroke Centers, and Acute Stroke-Ready Hospitals to all Resource Hospital EMS Medical Directors in this State and shall post a list of designated Comprehensive Stroke Centers, Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, Primary Stroke Centers Plus, Primary Stroke Centers, and Acute Stroke-Ready Hospitals on the Department's website, which shall be continuously updated. (c) The Department shall add the names of designated Comprehensive Stroke Centers, Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, Primary Stroke Centers Plus, Primary Stroke Centers, and Acute 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 Comprehensive Stroke Centers, Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, Primary Stroke Centers Plus, Primary Stroke Centers, and Acute Stroke-Ready Hospitals to their certifying body, to fulfill certification requirements. Comprehensive Stroke Centers, Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, Primary Stroke Centers Plus, Primary Stroke Centers, and Acute Stroke-Ready Hospitals may provide data used in submission to their certifying body, to satisfy any Department reporting requirements. The Department may require submission of data elements in a format that is used State-wide. In the event the Department establishes reporting requirements for designated Comprehensive Stroke Centers, Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, Primary Stroke Centers Plus, Primary Stroke Centers, and Acute Stroke-Ready Hospitals, the Department shall permit each designated Comprehensive Stroke Center, Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, Primary Stroke Centers Plus, Primary Stroke Center, or Acute Stroke-Ready Hospital 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 Comprehensive Stroke Centers, Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, Primary Stroke Centers Plus, Primary Stroke Centers, and Acute Stroke-Ready Hospitals 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. 103-149, eff. 1-1-24 .)
|
(210 ILCS 50/3.118.5) Sec. 3.118.5. State Stroke Advisory Subcommittee; triage and transport of possible acute stroke patients. (a) There shall be established within the State Emergency Medical Services Advisory Council, or other statewide body responsible for emergency health care, a standing State Stroke Advisory Subcommittee, which shall serve as an advisory body to the Council and the Department on matters related to the triage, treatment, and transport of possible acute stroke patients. Membership on the Committee shall be as geographically diverse as possible and include one representative from each Regional Stroke Advisory Subcommittee, to be chosen by each Regional Stroke Advisory Subcommittee. The Director shall appoint additional members, as needed, to ensure there is adequate representation from the following: (1) an EMS Medical Director; (2) a hospital administrator, or designee, from a |
| Comprehensive Stroke Center;
|
|
(2.5) a hospital administrator, or designee, from a
|
| Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus;
|
|
(3) a hospital administrator, or designee, from a
|
|
(3.5) a hospital administrator, or designee, from an
|
| Acute Stroke-Ready Hospital;
|
|
(3.10) a registered nurse from a Comprehensive Stroke
|
|
(3.15) a registered nurse from a Thrombectomy Capable
|
| Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus;
|
|
(4) a registered nurse from a Primary Stroke Center;
(5) a registered nurse from an Acute Stroke-Ready
|
|
(5.5) a physician providing advanced stroke care from
|
| a Comprehensive Stroke center;
|
|
(5.10) a physician providing stroke care from a
|
| Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, or Primary Stroke Center Plus;
|
|
(6) a physician providing stroke care from a
|
|
(7) a physician providing stroke care from an Acute
|
|
(8) an EMS Coordinator;
(9) an acute stroke patient advocate;
(10) a fire chief, or designee, from an EMS Region
|
| that serves a population of over 2,000,000 people;
|
|
(11) a fire chief, or designee, from a rural EMS
|
|
(12) a representative from a private ambulance
|
|
(12.5) a representative from a municipal EMS
|
|
(13) a representative from the State Emergency
|
| Medical Services Advisory Council.
|
|
(b) Of the members first appointed, 9 members shall be appointed for a term of one year, 9 members shall be appointed for a term of 2 years, and the remaining members shall be appointed for a term of 3 years. The terms of subsequent appointees shall be 3 years.
(c) The State Stroke Advisory Subcommittee shall be provided a 90-day period in which to review and comment upon all rules proposed by the Department pursuant to this Act concerning stroke care, except for emergency rules adopted pursuant to Section 5-45 of the Illinois Administrative Procedure Act. The 90-day review and comment period shall commence prior to publication of the proposed rules and upon the Department's submission of the proposed rules to the individual Committee members, if the Committee is not meeting at the time the proposed rules are ready for Committee review.
(d) The State Stroke Advisory Subcommittee shall develop and submit an evidence-based statewide stroke assessment tool to clinically evaluate potential stroke patients to the Department for final approval. Upon approval, the Department shall disseminate the tool to all EMS Systems for adoption. The Director shall post the Department-approved stroke assessment tool on the Department's website. The State Stroke Advisory Subcommittee shall review the Department-approved stroke assessment tool at least annually to ensure its clinical relevancy and to make changes when clinically warranted.
(d-5) Each EMS Regional Stroke Advisory Subcommittee shall submit recommendations for continuing education for pre-hospital personnel to that Region's EMS Medical Directors Committee.
(e) Nothing in this Section shall preclude the State Stroke Advisory Subcommittee from reviewing and commenting on proposed rules which fall under the purview of the State Emergency Medical Services Advisory Council. Nothing in this Section shall preclude the Emergency Medical Services Advisory Council from reviewing and commenting on proposed rules which fall under the purview of the State Stroke Advisory Subcommittee.
(f) The Director shall coordinate with and assist the EMS System Medical Directors and Regional Stroke Advisory Subcommittee within each EMS Region to establish protocols related to the assessment, treatment, and transport of possible acute stroke patients by licensed emergency medical services providers. These protocols shall include regional transport plans for the triage and transport of possible acute stroke patients to the most appropriate Comprehensive Stroke Center, Thrombectomy Capable Stroke Center, Thrombectomy Ready Stroke Center, Primary Stroke Center Plus, Primary Stroke Center, or Acute Stroke-Ready Hospital, unless circumstances warrant otherwise.
(Source: P.A. 103-149, eff. 1-1-24 .)
|
(210 ILCS 50/32.5)
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 Health Facilities and Services Review Board to establish a Freestanding Emergency Center by January 1, 2015, and:
(1) is located: (A) in a municipality with a |
| population of 50,000 or fewer inhabitants; (B) within 50 miles of the hospital that owns or controls the FEC; and (C) within 50 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 patients by ambulance: (A) according to the FEC's 24-hour capabilities; (B) according to protocols developed by the Resource Hospital within the FEC's designated EMS System; and (C) as pre-approved by both the EMS 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
|
| 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 the
|
|
(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 January 1, 2014 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 January 1, 2014, 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).
(a-15) Notwithstanding any other provision of this Section, the Department shall issue an
annual FEC license to a facility if the facility: (i) discontinues operation as a hospital within 180 days after December 4, 2015 (the effective date of Public Act 99-490) with a Health Facilities and Services Review Board project number of E-017-15; (ii) has an application for a permit to establish an FEC from the Health Facilities and Services Review Board that is deemed complete by January 1, 2017; and (iii) complies with the requirements set forth in paragraphs (1) through (17) of subsection (a) of this Section.
(a-20) Notwithstanding any other provision of this Section, the Department shall issue an annual FEC license to a facility if:
(1) the facility is a hospital that has discontinued
|
| inpatient hospital services;
|
|
(2) the Department of Healthcare and Family Services
|
| has approved the conversion to an FEC as a project subject to the hospital's transformation under subsection (d-5) of Section 14-12 of the Illinois Public Aid Code;
|
|
(3) the facility complies with the requirements set
|
| forth in paragraphs (1) through (17), provided however that the FEC may be located in a municipality with a population greater than 50,000 inhabitants and shall not be subject to the requirements of the Illinois Health Facilities Planning Act that are applicable to the conversion to an FEC if the Department of Healthcare and Family Services has approved the conversion to an FEC as a project subject to the hospital's transformation under subsection (d-5) of Section 14-12 of the Illinois Public Aid Code; and
|
|
(4) the facility is located at the same physical
|
| location where the facility served as a hospital.
|
|
(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. 100-581, eff. 3-12-18; 101-650, eff. 7-7-20.)
|