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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3414 Introduced 2/14/2014, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED:
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Amends the Emergency Medical Services (EMS) Systems Act. Changes the terms "Emergency Medical Technician-Paramedic (EMT-P)" to "Paramedic", "Emergency Medical Technician-Basic (EMT-B)" to "EMT", and "Pre-hospital RN" to "Pre-Hospital Registered Nurse". Adds a new category of license for Advanced Emergency Medical Technicians (AEMT). Provides for the licensure (instead of certification) of Pre-Hospital Registered Nurses and Emergency Communications Registered Nurses. Repeals a provision that defined the term "First Responder" and provided for the licensure of First Responders. Creates a category of license for Emergency Medical Responders. Provides educational requirements for Emergency Medical Responders. Provides that the definitions of basic life support services, intermediate life support services, and advanced life support services shall include the services outlined in the National EMS Education Standards (instead of in the national curriculum of the United States Department of Transportation). Authorizes the Department to suspend, revoke, or refuse to issue or renew the license of an Emergency Medical Dispatcher, Lead Instructor, Pre-Hospital Registered Nurse, or Emergency Communications Registered Nurse. Adds the category of AEMT to provisions concerning EMTs in the Firemen's Disciplinary Act, the Volunteer Emergency Worker Job Protection Act, the Illinois Municipal Code, the Fire Protection District Act, the AIDS Confidentiality Act, the Good Samaritan Act, the Workers' Compensation Act, and the Workers' Occupational Diseases Act. Makes corresponding changes in the Boxing and Full-contact Martial Arts Act, the Abandoned Newborn Infant Protection Act, the Coal Mine Medical Emergencies Act, the Burn Injury Reporting Act, the Illinois Vehicle Code, and the Good Samaritan Act. Makes other changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| | SB3414 | | LRB098 16189 RPS 55673 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firemen's Disciplinary Act is amended by |
| 5 | | changing Section 2 as follows:
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| 6 | | (50 ILCS 745/2) (from Ch. 85, par. 2502)
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| 7 | | Sec. 2. Definitions. For the purposes of this Act, unless |
| 8 | | clearly required otherwise,
the terms defined in this Section |
| 9 | | have the meaning ascribed herein:
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| 10 | | (a) "Fireman" means a person who is a "firefighter" or |
| 11 | | "fireman" as defined
in Sections 4-106 or 6-106 of the Illinois |
| 12 | | Pension Code, a paramedic employed by a unit of local |
| 13 | | government, or an EMT, emergency medical |
| 14 | | technician-intermediate (EMT-I), or advanced emergency medical |
| 15 | | technician (AEMT) employed by a unit of local government, and |
| 16 | | includes a person
who is an "employee" as defined in Section |
| 17 | | 15-107 of the Illinois Pension Code
and whose primary duties |
| 18 | | relate to firefighting.
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| 19 | | (b) "Informal inquiry" means a meeting by supervisory or |
| 20 | | command personnel
with a fireman upon whom an allegation of |
| 21 | | misconduct has come to the attention
of such supervisory or |
| 22 | | command personnel, the purpose of which meeting is
to mediate a |
| 23 | | citizen complaint or discuss the facts to determine whether
a |
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| 1 | | formal investigation should be commenced.
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| 2 | | (c) "Formal investigation" means the process of |
| 3 | | investigation ordered
by a commanding officer during which the |
| 4 | | questioning of a fireman is intended
to gather evidence of |
| 5 | | misconduct which may be the basis for filing charges
seeking |
| 6 | | his or her removal, discharge, or suspension from duty in
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| 7 | | excess of 24 duty hours.
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| 8 | | (d) "Interrogation" means the questioning of a fireman |
| 9 | | pursuant to an
investigation initiated by the respective State |
| 10 | | or local governmental
unit in connection with an alleged |
| 11 | | violation of such unit's rules which may
be the basis for |
| 12 | | filing charges seeking his or her suspension, removal, or
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| 13 | | discharge. The term does not include questioning as part of an |
| 14 | | informal
inquiry as to allegations of misconduct relating to |
| 15 | | minor infractions of
agency rules which may be noted on the |
| 16 | | fireman's record but which may not in
themselves result in |
| 17 | | removal, discharge, or suspension from duty in
excess of 24 |
| 18 | | duty hours.
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| 19 | | (e) "Administrative proceeding" means any non-judicial |
| 20 | | hearing which
is authorized to recommend, approve or order the |
| 21 | | suspension, removal, or
discharge of a fireman.
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| 22 | | (Source: P.A. 96-922, eff. 6-10-10.)
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| 23 | | Section 10. The Volunteer Emergency Worker Job Protection |
| 24 | | Act is amended by changing Section 3 as follows:
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| 1 | | (50 ILCS 748/3)
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| 2 | | Sec. 3. Definitions. As used in this Act: |
| 3 | | "Volunteer emergency worker" means a firefighter who does |
| 4 | | not receive monetary compensation for his or her services to a |
| 5 | | fire department or fire protection district and who does not |
| 6 | | work for any other fire department or fire protection district |
| 7 | | for monetary compensation. "Volunteer emergency worker" also |
| 8 | | means a person who does not receive monetary compensation for |
| 9 | | his or her services as a volunteer Emergency Medical Technician |
| 10 | | (licensed as an EMT EMT-B, EMT-I, AEMT, or Paramedic EMT-P |
| 11 | | under the Emergency Medical Services (EMS) Systems Act), a |
| 12 | | volunteer ambulance driver or attendant, or a volunteer |
| 13 | | "Emergency Medical First Responder", as defined in Sec. 3.50 |
| 14 | | 3.60 of the Emergency Medical Services (EMT) Systems Act, to a |
| 15 | | fire department, fire protection district, or other |
| 16 | | governmental entity and who does not work in one of these |
| 17 | | capacities for any other fire department, fire protection |
| 18 | | district, or governmental entity for monetary compensation. |
| 19 | | "Volunteer emergency worker" also means a person who is a |
| 20 | | volunteer member of a county or municipal emergency services |
| 21 | | and disaster agency pursuant to the Illinois Emergency |
| 22 | | Management Agency Act, an auxiliary policeman appointed |
| 23 | | pursuant to the Municipal Code, or an auxiliary deputy |
| 24 | | appointed by a county sheriff pursuant to the Counties Code.
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| 25 | | "Monetary compensation" does not include a monetary |
| 26 | | incentive awarded to a firefighter by the board of trustees of |
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| 1 | | a fire protection district under Section 6 of the Fire |
| 2 | | Protection District Act.
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| 3 | | (Source: P.A. 94-599, eff. 1-1-06; 95-332, eff. 8-21-07.)
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| 4 | | Section 15. The Illinois Municipal Code is amended by |
| 5 | | changing Sections 10-1-7, 10-1-7.1, 10-2.1-4, 10-2.1-6.3, |
| 6 | | 10-2.1-14, and 10-2.1-31 as follows:
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| 7 | | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
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| 8 | | Sec. 10-1-7. Examination of applicants; disqualifications.
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| 9 | | (a) All applicants for offices or places in the classified |
| 10 | | service, except
those mentioned in Section 10-1-17, are subject |
| 11 | | to examination. The
examination shall be public, competitive, |
| 12 | | and open to all citizens of the
United States, with specified |
| 13 | | limitations as to residence, age, health, habits
and moral |
| 14 | | character.
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| 15 | | (b) Residency requirements in effect at the time an |
| 16 | | individual enters the
fire or police service of a municipality |
| 17 | | (other than a municipality that
has more than 1,000,000 |
| 18 | | inhabitants) cannot be made more restrictive
for that |
| 19 | | individual during his or her period of service for that |
| 20 | | municipality,
or be made a condition of promotion, except for |
| 21 | | the rank or position of Fire or
Police Chief.
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| 22 | | (c) No person with a record of misdemeanor convictions |
| 23 | | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
| 24 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
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| 1 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, |
| 2 | | 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and |
| 3 | | (a)(2)(C) of Section 11-14.3, and subsections (1), (6) and
(8) |
| 4 | | of Section 24-1 of the Criminal Code of 1961 or the Criminal |
| 5 | | Code of 2012 or arrested for any cause but
not convicted on |
| 6 | | that cause shall be disqualified from taking the examination
on |
| 7 | | grounds of habits or moral character, unless the person is |
| 8 | | attempting to
qualify for a position on the police department, |
| 9 | | in which case the conviction
or arrest may be considered as a |
| 10 | | factor in determining the person's habits or
moral character.
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| 11 | | (d) Persons entitled to military preference under Section |
| 12 | | 10-1-16
shall not be subject to limitations specifying age |
| 13 | | unless they are
applicants for a position as a fireman or a |
| 14 | | policeman having no previous
employment status as a fireman or |
| 15 | | policeman in the regularly constituted
fire or police |
| 16 | | department of the municipality, in which case they must not
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| 17 | | have attained their 35th birthday, except any person who has |
| 18 | | served as an
auxiliary police officer under Section 3.1-30-20 |
| 19 | | for at least 5 years and is
under 40 years of age.
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| 20 | | (e) All employees of a municipality of less than 500,000 |
| 21 | | population (except
those who would be excluded from the |
| 22 | | classified service as provided in this
Division 1) who are |
| 23 | | holding that employment as of the date a municipality
adopts |
| 24 | | this Division 1, or as of July 17, 1959, whichever date is the |
| 25 | | later,
and who have held that employment for at least 2 years |
| 26 | | immediately before that
later date, and all firemen and |
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| 1 | | policemen regardless of length of service who
were either |
| 2 | | appointed to their respective positions by the board of fire |
| 3 | | and
police commissioners under the provisions of Division 2 of |
| 4 | | this Article or who
are serving in a position (except as a |
| 5 | | temporary employee) in the fire or
police department in the |
| 6 | | municipality on the date a municipality adopts
this Division 1, |
| 7 | | or as of July 17, 1959, whichever date is the later, shall
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| 8 | | become members of the classified civil service of the |
| 9 | | municipality
without examination.
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| 10 | | (f) The examinations shall be practical in their character, |
| 11 | | and shall
relate to those matters that will fairly test the |
| 12 | | relative capacity of the
persons examined to discharge the |
| 13 | | duties of the positions to which they
seek to be appointed. The |
| 14 | | examinations shall include tests of physical
qualifications, |
| 15 | | health, and (when appropriate) manual skill. If an applicant
is |
| 16 | | unable to pass the physical examination solely as the result of |
| 17 | | an injury
received by the applicant as the result of the |
| 18 | | performance of an act of duty
while working as a temporary |
| 19 | | employee in the position for which he or she is
being examined, |
| 20 | | however, the physical examination shall be waived and the
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| 21 | | applicant shall be considered to have passed the examination. |
| 22 | | No questions in
any examination shall relate to political or |
| 23 | | religious opinions or
affiliations. Results of examinations |
| 24 | | and the eligible registers prepared from
the results shall be |
| 25 | | published by the commission within 60 days after any
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| 26 | | examinations are held.
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| 1 | | (g) The commission shall control all examinations, and may, |
| 2 | | whenever an
examination is to take place, designate a suitable |
| 3 | | number of persons,
either in or not in the official service of |
| 4 | | the municipality, to be
examiners. The examiners shall conduct |
| 5 | | the examinations as directed by the
commission and shall make a |
| 6 | | return or report of the examinations to the
commission. If the |
| 7 | | appointed examiners are in the official service of the
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| 8 | | municipality, the examiners shall not receive extra |
| 9 | | compensation for conducting
the examinations unless the |
| 10 | | examiners are subject to a collective bargaining agreement with |
| 11 | | the municipality. The commission may at any time substitute any |
| 12 | | other person,
whether or not in the service of the |
| 13 | | municipality, in the place of any one
selected as an examiner. |
| 14 | | The commission members may themselves at any time act
as |
| 15 | | examiners without appointing examiners. The examiners at any |
| 16 | | examination
shall not all be members of the same political |
| 17 | | party.
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| 18 | | (h) In municipalities of 500,000 or more population, no |
| 19 | | person who has
attained his or her 35th birthday shall be |
| 20 | | eligible to take an examination for
a position as a fireman or |
| 21 | | a policeman unless the person has had previous
employment |
| 22 | | status as a policeman or fireman in the regularly constituted |
| 23 | | police
or fire department of the municipality, except as |
| 24 | | provided in this Section.
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| 25 | | (i) In municipalities of more than 5,000 but not more than |
| 26 | | 200,000
inhabitants, no person who has attained his or her 35th |
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| 1 | | birthday shall be
eligible to take an examination for a |
| 2 | | position as a fireman or a policeman
unless the person has had |
| 3 | | previous employment status as a policeman or fireman
in the |
| 4 | | regularly constituted police or fire department of the |
| 5 | | municipality,
except as provided in this Section.
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| 6 | | (j) In all municipalities, applicants who are 20 years of |
| 7 | | age and who have
successfully completed 2 years of law |
| 8 | | enforcement studies at an accredited
college or university may |
| 9 | | be considered for appointment to active duty with
the police |
| 10 | | department. An applicant described in this subsection (j) who |
| 11 | | is
appointed to active duty shall not have power of arrest, nor |
| 12 | | shall the
applicant be permitted to carry firearms, until he or |
| 13 | | she reaches 21 years of
age.
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| 14 | | (k) In municipalities of more than 500,000 population, |
| 15 | | applications for
examination for and appointment to positions |
| 16 | | as firefighters or police
shall be made available at various |
| 17 | | branches of the public library of the
municipality.
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| 18 | | (l) No municipality having a population less than 1,000,000 |
| 19 | | shall require
that any fireman appointed to the lowest rank |
| 20 | | serve a probationary employment
period of longer than one year. |
| 21 | | The limitation on periods of probationary
employment provided |
| 22 | | in this amendatory Act of 1989 is an exclusive power and
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| 23 | | function of the State. Pursuant to subsection (h) of Section 6 |
| 24 | | of Article VII
of the Illinois Constitution, a home rule |
| 25 | | municipality having a population less
than 1,000,000 must |
| 26 | | comply with this limitation on periods of probationary
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| 1 | | employment, which is a denial and limitation of home rule |
| 2 | | powers.
Notwithstanding anything to the contrary in this |
| 3 | | Section, the probationary
employment period limitation may be |
| 4 | | extended for a firefighter who is required, as a condition of |
| 5 | | employment, to be a licensed certified paramedic, during which |
| 6 | | time the sole reason that a firefighter may be discharged |
| 7 | | without a hearing is for failing to meet the requirements for |
| 8 | | paramedic licensure certification.
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| 9 | | (m) To the extent that this Section or any other Section in |
| 10 | | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then |
| 11 | | Section 10-1-7.1 or 10-1-7.2 shall control. |
| 12 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-251, eff. 8-4-11; |
| 13 | | 97-898, eff. 8-6-12; 97-1109, eff. 1-1-13; 97-1150, eff. |
| 14 | | 1-25-13.)
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| 15 | | (65 ILCS 5/10-1-7.1) |
| 16 | | Sec. 10-1-7.1. Original appointments; full-time fire |
| 17 | | department. |
| 18 | | (a) Applicability. Unless a commission elects to follow the |
| 19 | | provisions of Section 10-1-7.2, this Section shall apply to all |
| 20 | | original appointments to an affected full-time fire |
| 21 | | department. Existing registers of eligibles shall continue to |
| 22 | | be valid until their expiration dates, or up to a maximum of 2 |
| 23 | | years after the effective date of this amendatory Act of the |
| 24 | | 97th General Assembly. |
| 25 | | Notwithstanding any statute, ordinance, rule, or other law |
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| 1 | | to the contrary, all original appointments to an affected |
| 2 | | department to which this Section applies shall be administered |
| 3 | | in the manner provided for in this Section. Provisions of the |
| 4 | | Illinois Municipal Code, municipal ordinances, and rules |
| 5 | | adopted pursuant to such authority and other laws relating to |
| 6 | | initial hiring of firefighters in affected departments shall |
| 7 | | continue to apply to the extent they are compatible with this |
| 8 | | Section, but in the event of a conflict between this Section |
| 9 | | and any other law, this Section shall control. |
| 10 | | A home rule or non-home rule municipality may not |
| 11 | | administer its fire department process for original |
| 12 | | appointments in a manner that is less stringent than this |
| 13 | | Section. This Section is a limitation under subsection (i) of |
| 14 | | Section 6 of Article VII of the Illinois Constitution on the |
| 15 | | concurrent exercise by home rule units of the powers and |
| 16 | | functions exercised by the State. |
| 17 | | A municipality that is operating under a court order or |
| 18 | | consent decree regarding original appointments to a full-time |
| 19 | | fire department before the effective date of this amendatory |
| 20 | | Act of the 97th General Assembly is exempt from the |
| 21 | | requirements of this Section for the duration of the court |
| 22 | | order or consent decree. |
| 23 | | Notwithstanding any other provision of this subsection |
| 24 | | (a), this Section does not apply to a municipality with more |
| 25 | | than 1,000,000 inhabitants. |
| 26 | | (b) Original appointments. All original appointments made |
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| 1 | | to an affected fire department shall be made from a register of |
| 2 | | eligibles established in accordance with the processes |
| 3 | | established by this Section. Only persons who meet or exceed |
| 4 | | the performance standards required by this Section shall be |
| 5 | | placed on a register of eligibles for original appointment to |
| 6 | | an affected fire department. |
| 7 | | Whenever an appointing authority authorizes action to hire |
| 8 | | a person to perform the duties of a firefighter or to hire a |
| 9 | | firefighter-paramedic to fill a position that is a new position |
| 10 | | or vacancy due to resignation, discharge, promotion, death, the |
| 11 | | granting of a disability or retirement pension, or any other |
| 12 | | cause, the appointing authority shall appoint to that position |
| 13 | | the person with the highest ranking on the final eligibility |
| 14 | | list. If the appointing authority has reason to conclude that |
| 15 | | the highest ranked person fails to meet the minimum standards |
| 16 | | for the position or if the appointing authority believes an |
| 17 | | alternate candidate would better serve the needs of the |
| 18 | | department, then the appointing authority has the right to pass |
| 19 | | over the highest ranked person and appoint either: (i) any |
| 20 | | person who has a ranking in the top 5% of the register of |
| 21 | | eligibles or (ii) any person who is among the top 5 highest |
| 22 | | ranked persons on the list of eligibles if the number of people |
| 23 | | who have a ranking in the top 5% of the register of eligibles |
| 24 | | is less than 5 people. |
| 25 | | Any candidate may pass on an appointment once without |
| 26 | | losing his or her position on the register of eligibles. Any |
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| 1 | | candidate who passes a second time may be removed from the list |
| 2 | | by the appointing authority provided that such action shall not |
| 3 | | prejudice a person's opportunities to participate in future |
| 4 | | examinations, including an examination held during the time a |
| 5 | | candidate is already on the municipality's register of |
| 6 | | eligibles. |
| 7 | | The sole authority to issue certificates of appointment |
| 8 | | shall be vested in the Civil Service Commission. All |
| 9 | | certificates of appointment issued to any officer or member of |
| 10 | | an affected department shall be signed by the chairperson and |
| 11 | | secretary, respectively, of the commission upon appointment of |
| 12 | | such officer or member to the affected department by the |
| 13 | | commission. Each person who accepts a certificate of |
| 14 | | appointment and successfully completes his or her probationary |
| 15 | | period shall be enrolled as a firefighter and as a regular |
| 16 | | member of the fire department. |
| 17 | | For the purposes of this Section, "firefighter" means any |
| 18 | | person who has been prior to, on, or after the effective date |
| 19 | | of this amendatory Act of the 97th General Assembly appointed |
| 20 | | to a fire department or fire protection district or employed by |
| 21 | | a State university and sworn or commissioned to perform |
| 22 | | firefighter duties or paramedic duties, or both, except that |
| 23 | | the following persons are not included: part-time |
| 24 | | firefighters; auxiliary, reserve, or voluntary firefighters, |
| 25 | | including paid-on-call firefighters; clerks and dispatchers or |
| 26 | | other civilian employees of a fire department or fire |
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| 1 | | protection district who are not routinely expected to perform |
| 2 | | firefighter duties; and elected officials. |
| 3 | | (c) Qualification for placement on register of eligibles. |
| 4 | | The purpose of establishing a register of eligibles is to |
| 5 | | identify applicants who possess and demonstrate the mental |
| 6 | | aptitude and physical ability to perform the duties required of |
| 7 | | members of the fire department in order to provide the highest |
| 8 | | quality of service to the public. To this end, all applicants |
| 9 | | for original appointment to an affected fire department shall |
| 10 | | be subject to examination and testing which shall be public, |
| 11 | | competitive, and open to all applicants unless the municipality |
| 12 | | shall by ordinance limit applicants to residents of the |
| 13 | | municipality, county or counties in which the municipality is |
| 14 | | located, State, or nation. Municipalities may establish |
| 15 | | educational, emergency medical service licensure, and other |
| 16 | | pre-requisites for participation in an examination or for hire |
| 17 | | as a firefighter. Any municipality may charge a fee to cover |
| 18 | | the costs of the application process. |
| 19 | | Residency requirements in effect at the time an individual |
| 20 | | enters the fire service of a municipality cannot be made more |
| 21 | | restrictive for that individual during his or her period of |
| 22 | | service for that municipality, or be made a condition of |
| 23 | | promotion, except for the rank or position of fire chief and |
| 24 | | for no more than 2 positions that rank immediately below that |
| 25 | | of the chief rank which are appointed positions pursuant to the |
| 26 | | Fire Department Promotion Act. |
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| 1 | | No person who is 35 years of age or older shall be eligible |
| 2 | | to take an examination for a position as a firefighter unless |
| 3 | | the person has had previous employment status as a firefighter |
| 4 | | in the regularly constituted fire department of the |
| 5 | | municipality, except as provided in this Section. The age |
| 6 | | limitation does not apply to: |
| 7 | | (1) any person previously employed as a full-time |
| 8 | | firefighter in a regularly constituted fire department of |
| 9 | | (i) any municipality or fire protection district located in |
| 10 | | Illinois, (ii) a fire protection district whose |
| 11 | | obligations were assumed by a municipality under Section 21 |
| 12 | | of the Fire Protection District Act, or (iii) a |
| 13 | | municipality whose obligations were taken over by a fire |
| 14 | | protection district, or |
| 15 | | (2) any person who has served a municipality as a |
| 16 | | regularly enrolled volunteer, paid-on-call, or part-time |
| 17 | | firefighter for the 5 years immediately preceding the time |
| 18 | | that the municipality begins to use full-time firefighters |
| 19 | | to provide all or part of its fire protection service. |
| 20 | | No person who is under 21 years of age shall be eligible |
| 21 | | for employment as a firefighter. |
| 22 | | No applicant shall be examined concerning his or her |
| 23 | | political or religious opinions or affiliations. The |
| 24 | | examinations shall be conducted by the commissioners of the |
| 25 | | municipality or their designees and agents. |
| 26 | | No municipality shall require that any firefighter |
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| 1 | | appointed to the lowest rank serve a probationary employment |
| 2 | | period of longer than one year of actual active employment, |
| 3 | | which may exclude periods of training, or injury or illness |
| 4 | | leaves, including duty related leave, in excess of 30 calendar |
| 5 | | days. Notwithstanding anything to the contrary in this Section, |
| 6 | | the probationary employment period limitation may be extended |
| 7 | | for a firefighter who is required, as a condition of |
| 8 | | employment, to be a licensed certified paramedic, during which |
| 9 | | time the sole reason that a firefighter may be discharged |
| 10 | | without a hearing is for failing to meet the requirements for |
| 11 | | paramedic licensure certification. |
| 12 | | In the event that any applicant who has been found eligible |
| 13 | | for appointment and whose name has been placed upon the final |
| 14 | | eligibility register provided for in this Division 1 has not |
| 15 | | been appointed to a firefighter position within one year after |
| 16 | | the date of his or her physical ability examination, the |
| 17 | | commission may cause a second examination to be made of that |
| 18 | | applicant's physical ability prior to his or her appointment. |
| 19 | | If, after the second examination, the physical ability of the |
| 20 | | applicant shall be found to be less than the minimum standard |
| 21 | | fixed by the rules of the commission, the applicant shall not |
| 22 | | be appointed. The applicant's name may be retained upon the |
| 23 | | register of candidates eligible for appointment and when next |
| 24 | | reached for certification and appointment that applicant may be |
| 25 | | again examined as provided in this Section, and if the physical |
| 26 | | ability of that applicant is found to be less than the minimum |
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| 1 | | standard fixed by the rules of the commission, the applicant |
| 2 | | shall not be appointed, and the name of the applicant shall be |
| 3 | | removed from the register. |
| 4 | | (d) Notice, examination, and testing components. Notice of |
| 5 | | the time, place, general scope, merit criteria for any |
| 6 | | subjective component, and fee of every examination shall be |
| 7 | | given by the commission, by a publication at least 2 weeks |
| 8 | | preceding the examination: (i) in one or more newspapers |
| 9 | | published in the municipality, or if no newspaper is published |
| 10 | | therein, then in one or more newspapers with a general |
| 11 | | circulation within the municipality, or (ii) on the |
| 12 | | municipality's Internet website. Additional notice of the |
| 13 | | examination may be given as the commission shall prescribe. |
| 14 | | The examination and qualifying standards for employment of |
| 15 | | firefighters shall be based on: mental aptitude, physical |
| 16 | | ability, preferences, moral character, and health. The mental |
| 17 | | aptitude, physical ability, and preference components shall |
| 18 | | determine an applicant's qualification for and placement on the |
| 19 | | final register of eligibles. The examination may also include a |
| 20 | | subjective component based on merit criteria as determined by |
| 21 | | the commission. Scores from the examination must be made |
| 22 | | available to the public. |
| 23 | | (e) Mental aptitude. No person who does not possess at |
| 24 | | least a high school diploma or an equivalent high school |
| 25 | | education shall be placed on a register of eligibles. |
| 26 | | Examination of an applicant's mental aptitude shall be based |
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| 1 | | upon a written examination. The examination shall be practical |
| 2 | | in character and relate to those matters that fairly test the |
| 3 | | capacity of the persons examined to discharge the duties |
| 4 | | performed by members of a fire department. Written examinations |
| 5 | | shall be administered in a manner that ensures the security and |
| 6 | | accuracy of the scores achieved. |
| 7 | | (f) Physical ability. All candidates shall be required to |
| 8 | | undergo an examination of their physical ability to perform the |
| 9 | | essential functions included in the duties they may be called |
| 10 | | upon to perform as a member of a fire department. For the |
| 11 | | purposes of this Section, essential functions of the job are |
| 12 | | functions associated with duties that a firefighter may be |
| 13 | | called upon to perform in response to emergency calls. The |
| 14 | | frequency of the occurrence of those duties as part of the fire |
| 15 | | department's regular routine shall not be a controlling factor |
| 16 | | in the design of examination criteria or evolutions selected |
| 17 | | for testing. These physical examinations shall be open, |
| 18 | | competitive, and based on industry standards designed to test |
| 19 | | each applicant's physical abilities in the following |
| 20 | | dimensions: |
| 21 | | (1) Muscular strength to perform tasks and evolutions |
| 22 | | that may be required in the performance of duties including |
| 23 | | grip strength, leg strength, and arm strength. Tests shall |
| 24 | | be conducted under anaerobic as well as aerobic conditions |
| 25 | | to test both the candidate's speed and endurance in |
| 26 | | performing tasks and evolutions. Tasks tested may be based |
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| 1 | | on standards developed, or approved, by the local |
| 2 | | appointing authority. |
| 3 | | (2) The ability to climb ladders, operate from heights, |
| 4 | | walk or crawl in the dark along narrow and uneven surfaces, |
| 5 | | and operate in proximity to hazardous environments. |
| 6 | | (3) The ability to carry out critical, time-sensitive, |
| 7 | | and complex problem solving during physical exertion in |
| 8 | | stressful and hazardous environments. The testing |
| 9 | | environment may be hot and dark with tightly enclosed |
| 10 | | spaces, flashing lights, sirens, and other distractions. |
| 11 | | The tests utilized to measure each applicant's
|
| 12 | | capabilities in each of these dimensions may be tests based on
|
| 13 | | industry standards currently in use or equivalent tests |
| 14 | | approved by the Joint Labor-Management Committee of the Office |
| 15 | | of the State Fire Marshal. |
| 16 | | Physical ability examinations administered under this |
| 17 | | Section shall be conducted with a reasonable number of proctors |
| 18 | | and monitors, open to the public, and subject to reasonable |
| 19 | | regulations of the commission. |
| 20 | | (g) Scoring of examination components. Appointing |
| 21 | | authorities may create a preliminary eligibility register. A |
| 22 | | person shall be placed on the list based upon his or her |
| 23 | | passage of the written examination or the passage of the |
| 24 | | written examination and the physical ability component. |
| 25 | | Passage of the written examination means a score that is at or |
| 26 | | above the median score for all applicants participating in the |
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| 1 | | written test. The appointing authority may conduct the physical |
| 2 | | ability component and any subjective components subsequent to |
| 3 | | the posting of the preliminary eligibility register. |
| 4 | | The examination components for an initial eligibility |
| 5 | | register shall be graded on a 100-point scale. A person's |
| 6 | | position on the list shall be determined by the following: (i)
|
| 7 | | the person's score on the written examination, (ii) the person
|
| 8 | | successfully passing the physical ability component, and (iii) |
| 9 | | the
person's results on any subjective component as described |
| 10 | | in
subsection (d). |
| 11 | | In order to qualify for placement on the final eligibility |
| 12 | | register, an applicant's score on the written examination, |
| 13 | | before any applicable preference points or subjective points |
| 14 | | are applied, shall be at or above the median score. The local |
| 15 | | appointing authority may prescribe the score to qualify for |
| 16 | | placement on the final eligibility register, but the score |
| 17 | | shall not be less than the median score. |
| 18 | | The commission shall prepare and keep a register of persons |
| 19 | | whose total score is not less than the minimum fixed by this |
| 20 | | Section and who have passed the physical ability examination. |
| 21 | | These persons shall take rank upon the register as candidates |
| 22 | | in the order of their relative excellence based on the highest |
| 23 | | to the lowest total points scored on the mental aptitude, |
| 24 | | subjective component, and preference components of the test |
| 25 | | administered in accordance with this Section. No more than 60 |
| 26 | | days after each examination, an initial eligibility list shall |
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| 1 | | be posted by the commission. The list shall include the final |
| 2 | | grades of the candidates without reference to priority of the |
| 3 | | time of examination and subject to claim for preference credit. |
| 4 | | Commissions may conduct additional examinations, including |
| 5 | | without limitation a polygraph test, after a final eligibility |
| 6 | | register is established and before it expires with the |
| 7 | | candidates ranked by total score without regard to date of |
| 8 | | examination. No more than 60 days after each examination, an |
| 9 | | initial eligibility list shall be posted by the commission |
| 10 | | showing the final grades of the candidates without reference to |
| 11 | | priority of time of examination and subject to claim for |
| 12 | | preference credit. |
| 13 | | (h) Preferences. The following are preferences: |
| 14 | | (1) Veteran preference. Persons who were engaged in the |
| 15 | | military service of the United States for a period of at |
| 16 | | least one year of active duty and who were honorably |
| 17 | | discharged therefrom, or who are now or have been members |
| 18 | | on inactive or reserve duty in such military or naval |
| 19 | | service, shall be preferred for appointment to and |
| 20 | | employment with the fire department of an affected |
| 21 | | department. |
| 22 | | (2) Fire cadet preference. Persons who have |
| 23 | | successfully completed 2 years of study in fire techniques |
| 24 | | or cadet training within a cadet program established under |
| 25 | | the rules of the Joint Labor and Management Committee |
| 26 | | (JLMC), as defined in Section 50 of the Fire Department |
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| 1 | | Promotion Act, may be preferred for appointment to and |
| 2 | | employment with the fire department. |
| 3 | | (3) Educational preference. Persons who have |
| 4 | | successfully obtained an associate's degree in the field of |
| 5 | | fire service or emergency medical services, or a bachelor's |
| 6 | | degree from an accredited college or university may be |
| 7 | | preferred for appointment to and employment with the fire |
| 8 | | department. |
| 9 | | (4) Paramedic preference. Persons who have obtained a |
| 10 | | license certification as a paramedic an Emergency Medical |
| 11 | | Technician-Paramedic (EMT-P) may be preferred for |
| 12 | | appointment to and employment with the fire department of |
| 13 | | an affected department providing emergency medical |
| 14 | | services. |
| 15 | | (5) Experience preference. All persons employed by a |
| 16 | | municipality who have been paid-on-call or part-time |
| 17 | | certified Firefighter II, certified Firefighter III, State |
| 18 | | of Illinois or nationally licensed EMT, EMT-B or EMT-I, |
| 19 | | AEMT, or licensed paramedic, or any combination of those |
| 20 | | capacities may be awarded up to a maximum of 5 points. |
| 21 | | However, the applicant may not be awarded more than 0.5 |
| 22 | | points for each complete year of paid-on-call or part-time |
| 23 | | service. Applicants from outside the municipality who were |
| 24 | | employed as full-time firefighters or |
| 25 | | firefighter-paramedics by a fire protection district or |
| 26 | | another municipality may be awarded up to 5 experience |
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| 1 | | preference points. However, the applicant may not be |
| 2 | | awarded more than one point for each complete year of |
| 3 | | full-time service. |
| 4 | | Upon request by the commission, the governing body of |
| 5 | | the municipality or in the case of applicants from outside |
| 6 | | the municipality the governing body of any fire protection |
| 7 | | district or any other municipality shall certify to the |
| 8 | | commission, within 10 days after the request, the number of |
| 9 | | years of successful paid-on-call, part-time, or full-time |
| 10 | | service of any person. A candidate may not receive the full |
| 11 | | amount of preference points under this subsection if the |
| 12 | | amount of points awarded would place the candidate before a |
| 13 | | veteran on the eligibility list. If more than one candidate |
| 14 | | receiving experience preference points is prevented from |
| 15 | | receiving all of their points due to not being allowed to |
| 16 | | pass a veteran, the candidates shall be placed on the list |
| 17 | | below the veteran in rank order based on the totals |
| 18 | | received if all points under this subsection were to be |
| 19 | | awarded. Any remaining ties on the list shall be determined |
| 20 | | by lot. |
| 21 | | (6) Residency preference. Applicants whose principal |
| 22 | | residence is located within the fire department's |
| 23 | | jurisdiction may be preferred for appointment to and |
| 24 | | employment with the fire department. |
| 25 | | (7) Additional preferences. Up to 5 additional |
| 26 | | preference points may be awarded for unique categories |
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| 1 | | based on an applicant's experience or background as |
| 2 | | identified by the commission. |
| 3 | | (8) Scoring of preferences. The commission shall give |
| 4 | | preference for original appointment to persons designated |
| 5 | | in item (1)
by adding to the final grade that they receive |
| 6 | | 5 points
for the recognized preference achieved. The |
| 7 | | commission shall determine the number of preference points |
| 8 | | for each category except (1). The number of preference |
| 9 | | points for each category shall range from 0 to 5. In |
| 10 | | determining the number of preference points, the |
| 11 | | commission shall prescribe that if a candidate earns the |
| 12 | | maximum number of preference points in all categories, that |
| 13 | | number may not be less than 10 nor more than 30. The |
| 14 | | commission shall give preference for original appointment |
| 15 | | to persons designated in items (2) through (7) by adding |
| 16 | | the requisite number of points to the final grade for each |
| 17 | | recognized preference achieved. The numerical result thus |
| 18 | | attained shall be applied by the commission in determining |
| 19 | | the final eligibility list and appointment from the |
| 20 | | eligibility list. The local appointing authority may |
| 21 | | prescribe the total number of preference points awarded |
| 22 | | under this Section, but the total number of preference |
| 23 | | points shall not be less than 10 points or more than 30 |
| 24 | | points. |
| 25 | | No person entitled to any preference shall be required to |
| 26 | | claim the credit before any examination held under the |
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| 1 | | provisions of this Section, but the preference shall be given |
| 2 | | after the posting or publication of the initial eligibility |
| 3 | | list or register at the request of a person entitled to a |
| 4 | | credit before any certification or appointments are made from |
| 5 | | the eligibility register, upon the furnishing of verifiable |
| 6 | | evidence and proof of qualifying preference credit. Candidates |
| 7 | | who are eligible for preference credit shall make a claim in |
| 8 | | writing within 10 days after the posting of the initial |
| 9 | | eligibility list, or the claim shall be deemed waived. Final |
| 10 | | eligibility registers shall be established after the awarding |
| 11 | | of verified preference points. All employment shall be subject |
| 12 | | to the commission's initial hire background review including, |
| 13 | | but not limited to, criminal history, employment history, moral |
| 14 | | character, oral examination, and medical and psychological |
| 15 | | examinations, all on a pass-fail basis. The medical and |
| 16 | | psychological examinations must be conducted last, and may only |
| 17 | | be performed after a conditional offer of employment has been |
| 18 | | extended. |
| 19 | | Any person placed on an eligibility list who exceeds the |
| 20 | | age requirement before being appointed to a fire department |
| 21 | | shall remain eligible for appointment until the list is |
| 22 | | abolished, or his or her name has been on the list for a period |
| 23 | | of 2 years. No person who has attained the age of 35 years |
| 24 | | shall be inducted into a fire department, except as otherwise |
| 25 | | provided in this Section. |
| 26 | | The commission shall strike off the names of candidates for |
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| 1 | | original appointment after the names have been on the list for |
| 2 | | more than 2 years. |
| 3 | | (i) Moral character. No person shall be appointed to a fire |
| 4 | | department unless he or she is a person of good character; not |
| 5 | | a habitual drunkard, a gambler, or a person who has been |
| 6 | | convicted of a felony or a crime involving moral turpitude. |
| 7 | | However, no person shall be disqualified from appointment to |
| 8 | | the fire department because of the person's record of |
| 9 | | misdemeanor convictions except those under Sections 11-6, |
| 10 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
| 11 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
| 12 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
| 13 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
| 14 | | Criminal Code of 2012, or arrest for any cause without |
| 15 | | conviction thereon. Any such person who is in the department |
| 16 | | may be removed on charges brought for violating this subsection |
| 17 | | and after a trial as hereinafter provided. |
| 18 | | A classifiable set of the fingerprints of every person who |
| 19 | | is offered employment as a certificated member of an affected |
| 20 | | fire department whether with or without compensation, shall be |
| 21 | | furnished to the Illinois Department of State Police and to the |
| 22 | | Federal Bureau of Investigation by the commission. |
| 23 | | Whenever a commission is authorized or required by law to |
| 24 | | consider some aspect of criminal history record information for |
| 25 | | the purpose of carrying out its statutory powers and |
| 26 | | responsibilities, then, upon request and payment of fees in |
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| 1 | | conformance with the requirements of Section 2605-400 of the |
| 2 | | State Police Law of the Civil Administrative Code of Illinois, |
| 3 | | the Department of State Police is authorized to furnish, |
| 4 | | pursuant to positive identification, the information contained |
| 5 | | in State files as is necessary to fulfill the request. |
| 6 | | (j) Temporary appointments. In order to prevent a stoppage |
| 7 | | of public business, to meet extraordinary exigencies, or to |
| 8 | | prevent material impairment of the fire department, the |
| 9 | | commission may make temporary appointments, to remain in force |
| 10 | | only until regular appointments are made under the provisions |
| 11 | | of this Division, but never to exceed 60 days. No temporary |
| 12 | | appointment of any one person shall be made more than twice in |
| 13 | | any calendar year. |
| 14 | | (k) A person who knowingly divulges or receives test |
| 15 | | questions or answers before a written examination, or otherwise |
| 16 | | knowingly violates or subverts any requirement of this Section, |
| 17 | | commits a violation of this Section and may be subject to |
| 18 | | charges for official misconduct. |
| 19 | | A person who is the knowing recipient of test information |
| 20 | | in advance of the examination shall be disqualified from the |
| 21 | | examination or discharged from the position to which he or she |
| 22 | | was appointed, as applicable, and otherwise subjected to |
| 23 | | disciplinary actions.
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| 24 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
| 25 | | 97-1150, eff. 1-25-13.)
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| 1 | | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
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| 2 | | Sec. 10-2.1-4. Fire and police departments; Appointment of
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| 3 | | members; Certificates of appointments. |
| 4 | | The board of fire and police commissioners shall appoint |
| 5 | | all officers
and members of the fire and police departments of |
| 6 | | the municipality,
including the chief of police and the chief |
| 7 | | of the fire department,
unless the council or board of trustees |
| 8 | | shall by ordinance as to them
otherwise provide; except as |
| 9 | | otherwise provided in this Section, and
except that in any |
| 10 | | municipality which adopts or has
adopted this Division 2.1 and |
| 11 | | also adopts or has adopted Article 5 of
this Code, the chief of |
| 12 | | police and the chief of the fire department
shall be appointed |
| 13 | | by the municipal manager, if it is provided by
ordinance in |
| 14 | | such municipality that such chiefs, or either of them,
shall |
| 15 | | not be appointed by the board of fire and police commissioners.
|
| 16 | | If the chief of the fire department or the chief of the |
| 17 | | police department
or both of them are appointed in the manner |
| 18 | | provided by ordinance, they
may be removed or discharged by the |
| 19 | | appointing authority. In such case
the appointing authority |
| 20 | | shall file with the corporate authorities the reasons
for such |
| 21 | | removal or discharge, which removal or discharge shall not |
| 22 | | become
effective unless confirmed by a majority vote of the |
| 23 | | corporate authorities.
|
| 24 | | If a member of the department is appointed chief of police |
| 25 | | or chief
of the fire department prior to being eligible to |
| 26 | | retire on pension, he
shall be considered as on furlough from |
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| 1 | | the rank he held immediately
prior to his appointment as chief. |
| 2 | | If he resigns as chief or is
discharged as chief prior to |
| 3 | | attaining eligibility to retire on pension,
he shall revert to |
| 4 | | and be established in whatever rank he currently holds,
except |
| 5 | | for previously appointed positions, and thereafter
be entitled |
| 6 | | to all the benefits and emoluments of that rank,
without regard |
| 7 | | as to whether a vacancy then exists in that rank.
|
| 8 | | All appointments to each department other than that of the |
| 9 | | lowest
rank, however, shall be from the rank next below that to |
| 10 | | which the
appointment is made except as otherwise provided in |
| 11 | | this Section, and
except that the chief of police and the chief |
| 12 | | of the
fire department may be appointed from among members of |
| 13 | | the police and
fire departments, respectively, regardless of |
| 14 | | rank, unless the council
or board of trustees shall have by |
| 15 | | ordinance as to them otherwise provided.
A chief of police or |
| 16 | | the chief of the fire department, having been appointed
from |
| 17 | | among members
of the police or fire department, respectively, |
| 18 | | shall be permitted, regardless
of rank, to
take promotional
|
| 19 | | exams and be promoted to a higher classified rank than he |
| 20 | | currently holds,
without having to
resign as chief of police or |
| 21 | | chief of the fire department.
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| 22 | | The sole authority to issue certificates of appointment |
| 23 | | shall be
vested in the Board of Fire and Police Commissioners |
| 24 | | and all
certificates of appointments issued to any officer or |
| 25 | | member of the fire
or police department of a municipality shall |
| 26 | | be signed by the chairman
and secretary respectively of the |
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| 1 | | board of fire and police commissioners
of such municipality, |
| 2 | | upon appointment of such officer or member of the
fire and |
| 3 | | police department of such municipality by action of the board
|
| 4 | | of fire and police commissioners. In any municipal fire |
| 5 | | department that employs full-time firefighters and is subject |
| 6 | | to a collective bargaining agreement, a person who has not |
| 7 | | qualified for regular appointment under the provisions of this |
| 8 | | Division 2.1 shall not be used as a temporary or permanent |
| 9 | | substitute for classified members of a municipality's fire |
| 10 | | department or for regular appointment as a classified member of |
| 11 | | a municipality's fire department unless mutually agreed to by |
| 12 | | the employee's certified bargaining agent. Such agreement |
| 13 | | shall be considered a permissive subject of bargaining. |
| 14 | | Municipal fire departments covered by the changes made by this |
| 15 | | amendatory Act of the 95th General Assembly that are using |
| 16 | | non-certificated employees as substitutes immediately prior to |
| 17 | | the effective date of this amendatory Act of the 95th General |
| 18 | | Assembly may, by mutual agreement with the certified bargaining |
| 19 | | agent, continue the existing practice or a modified practice |
| 20 | | and that agreement shall be considered a permissive subject of |
| 21 | | bargaining. A home rule unit may not regulate the hiring of |
| 22 | | temporary or substitute members of the municipality's fire |
| 23 | | department in a manner that is inconsistent with this Section. |
| 24 | | This Section is a limitation under subsection (i) of Section 6 |
| 25 | | of Article VII of the Illinois Constitution on the concurrent |
| 26 | | exercise by home rule units of powers and functions exercised |
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| 1 | | by the State.
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| 2 | | The term "policemen" as used in this Division does not |
| 3 | | include
auxiliary police officers except as provided for in |
| 4 | | Section 10-2.1-6.
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| 5 | | Any full time member of a regular fire or police department |
| 6 | | of any
municipality which comes under the provisions of this |
| 7 | | Division or adopts
this Division 2.1 or which has adopted any |
| 8 | | of the prior Acts pertaining to
fire and police commissioners, |
| 9 | | is a city officer.
|
| 10 | | Notwithstanding any other provision of this Section, the |
| 11 | | Chief of
Police of a department in a non-home rule municipality |
| 12 | | of more than 130,000
inhabitants may, without the advice or |
| 13 | | consent of the Board of
Fire and Police Commissioners, appoint |
| 14 | | up to 6 officers who shall be known
as deputy chiefs or |
| 15 | | assistant deputy chiefs, and whose rank shall be
immediately |
| 16 | | below that of Chief. The deputy or assistant deputy chiefs may
|
| 17 | | be appointed from any rank of sworn officers of that |
| 18 | | municipality, but no
person who is not such a sworn officer may |
| 19 | | be so appointed. Such deputy
chief or assistant deputy chief |
| 20 | | shall have the authority to direct and
issue orders to all |
| 21 | | employees of the Department holding the rank of captain
or any |
| 22 | | lower rank.
A deputy chief of police or assistant deputy chief |
| 23 | | of police, having been
appointed from any rank
of sworn |
| 24 | | officers of that municipality, shall be permitted, regardless |
| 25 | | of rank,
to take promotional
exams and be promoted to a higher |
| 26 | | classified rank than he currently holds,
without having to
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| 1 | | resign as deputy chief of police or assistant deputy chief of |
| 2 | | police.
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| 3 | | Notwithstanding any other provision of this Section, a |
| 4 | | non-home rule
municipality of 130,000 or fewer inhabitants, |
| 5 | | through its council or board
of trustees, may, by ordinance, |
| 6 | | provide for a position of deputy chief to be
appointed by the |
| 7 | | chief of the police department. The ordinance shall provide
for |
| 8 | | no more than one deputy chief position if the police department |
| 9 | | has fewer
than 25 full-time police officers and for no more |
| 10 | | than 2 deputy chief positions
if the police department has 25 |
| 11 | | or more full-time police officers. The deputy
chief position
|
| 12 | | shall be an exempt rank immediately below that of Chief. The |
| 13 | | deputy chief may
be appointed from any rank of sworn, full-time |
| 14 | | officers of the municipality's
police department, but must have |
| 15 | | at least 5 years of full-time service as a
police officer in |
| 16 | | that department. A deputy chief shall serve at the
discretion |
| 17 | | of the Chief and, if removed from the position,
shall revert to |
| 18 | | the rank currently held, without regard as to whether a
vacancy |
| 19 | | exists in
that rank. A deputy chief
of police, having been |
| 20 | | appointed from any rank of sworn full-time officers of
that |
| 21 | | municipality's
police department, shall be permitted, |
| 22 | | regardless of rank, to take promotional
exams and be
promoted |
| 23 | | to a higher classified rank than he currently holds, without |
| 24 | | having to
resign as deputy
chief of police.
|
| 25 | | No municipality having a population less than 1,000,000 |
| 26 | | shall require
that any firefighter appointed to the lowest
rank |
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| | SB3414 | - 32 - | LRB098 16189 RPS 55673 b |
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| 1 | | serve a probationary employment period of longer than one year. |
| 2 | | The
limitation on periods of probationary employment provided |
| 3 | | in this
amendatory Act of 1989 is an exclusive power and |
| 4 | | function of the State.
Pursuant to subsection (h) of Section 6 |
| 5 | | of Article VII of the Illinois
Constitution, a home rule |
| 6 | | municipality having a population less than 1,000,000
must |
| 7 | | comply with this limitation on periods of probationary |
| 8 | | employment, which
is a denial and limitation of home rule |
| 9 | | powers. Notwithstanding anything to
the contrary in this |
| 10 | | Section, the probationary employment period limitation
may be |
| 11 | | extended for a firefighter who is required, as a condition of |
| 12 | | employment, to be a licensed certified paramedic, during which |
| 13 | | time the sole reason that a firefighter may be discharged |
| 14 | | without a hearing is for failing to meet the requirements for |
| 15 | | paramedic licensure certification.
|
| 16 | | To the extent that this Section or any other Section in |
| 17 | | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, |
| 18 | | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. |
| 19 | | (Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12.)
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| 20 | | (65 ILCS 5/10-2.1-6.3) |
| 21 | | Sec. 10-2.1-6.3. Original appointments; full-time fire |
| 22 | | department. |
| 23 | | (a) Applicability. Unless a commission elects to follow the |
| 24 | | provisions of Section 10-2.1-6.4, this Section shall apply to |
| 25 | | all original appointments to an affected full-time fire |
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| | SB3414 | - 33 - | LRB098 16189 RPS 55673 b |
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| 1 | | department. Existing registers of eligibles shall continue to |
| 2 | | be valid until their expiration dates, or up to a maximum of 2 |
| 3 | | years after the effective date of this amendatory Act of the |
| 4 | | 97th General Assembly. |
| 5 | | Notwithstanding any statute, ordinance, rule, or other law |
| 6 | | to the contrary, all original appointments to an affected |
| 7 | | department to which this Section applies shall be administered |
| 8 | | in the manner provided for in this Section. Provisions of the |
| 9 | | Illinois Municipal Code, municipal ordinances, and rules |
| 10 | | adopted pursuant to such authority and other laws relating to |
| 11 | | initial hiring of firefighters in affected departments shall |
| 12 | | continue to apply to the extent they are compatible with this |
| 13 | | Section, but in the event of a conflict between this Section |
| 14 | | and any other law, this Section shall control. |
| 15 | | A home rule or non-home rule municipality may not |
| 16 | | administer its fire department process for original |
| 17 | | appointments in a manner that is less stringent than this |
| 18 | | Section. This Section is a limitation under subsection (i) of |
| 19 | | Section 6 of Article VII of the Illinois Constitution on the |
| 20 | | concurrent exercise by home rule units of the powers and |
| 21 | | functions exercised by the State. |
| 22 | | A municipality that is operating under a court order or |
| 23 | | consent decree regarding original appointments to a full-time |
| 24 | | fire department before the effective date of this amendatory |
| 25 | | Act of the 97th General Assembly is exempt from the |
| 26 | | requirements of this Section for the duration of the court |
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| | SB3414 | - 34 - | LRB098 16189 RPS 55673 b |
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| 1 | | order or consent decree. |
| 2 | | Notwithstanding any other provision of this subsection |
| 3 | | (a), this Section does not apply to a municipality with more |
| 4 | | than 1,000,000 inhabitants. |
| 5 | | (b) Original appointments. All original appointments made |
| 6 | | to an affected fire department shall be made from a register of |
| 7 | | eligibles established in accordance with the processes |
| 8 | | established by this Section. Only persons who meet or exceed |
| 9 | | the performance standards required by this Section shall be |
| 10 | | placed on a register of eligibles for original appointment to |
| 11 | | an affected fire department. |
| 12 | | Whenever an appointing authority authorizes action to hire |
| 13 | | a person to perform the duties of a firefighter or to hire a |
| 14 | | firefighter-paramedic to fill a position that is a new position |
| 15 | | or vacancy due to resignation, discharge, promotion, death, the |
| 16 | | granting of a disability or retirement pension, or any other |
| 17 | | cause, the appointing authority shall appoint to that position |
| 18 | | the person with the highest ranking on the final eligibility |
| 19 | | list. If the appointing authority has reason to conclude that |
| 20 | | the highest ranked person fails to meet the minimum standards |
| 21 | | for the position or if the appointing authority believes an |
| 22 | | alternate candidate would better serve the needs of the |
| 23 | | department, then the appointing authority has the right to pass |
| 24 | | over the highest ranked person and appoint either: (i) any |
| 25 | | person who has a ranking in the top 5% of the register of |
| 26 | | eligibles or (ii) any person who is among the top 5 highest |
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| 1 | | ranked persons on the list of eligibles if the number of people |
| 2 | | who have a ranking in the top 5% of the register of eligibles |
| 3 | | is less than 5 people. |
| 4 | | Any candidate may pass on an appointment once without |
| 5 | | losing his or her position on the register of eligibles. Any |
| 6 | | candidate who passes a second time may be removed from the list |
| 7 | | by the appointing authority provided that such action shall not |
| 8 | | prejudice a person's opportunities to participate in future |
| 9 | | examinations, including an examination held during the time a |
| 10 | | candidate is already on the municipality's register of |
| 11 | | eligibles. |
| 12 | | The sole authority to issue certificates of appointment |
| 13 | | shall be vested in the board of fire and police commissioners. |
| 14 | | All certificates of appointment issued to any officer or member |
| 15 | | of an affected department shall be signed by the chairperson |
| 16 | | and secretary, respectively, of the board upon appointment of |
| 17 | | such officer or member to the affected department by action of |
| 18 | | the board. Each person who accepts a certificate of appointment |
| 19 | | and successfully completes his or her probationary period shall |
| 20 | | be enrolled as a firefighter and as a regular member of the |
| 21 | | fire department. |
| 22 | | For the purposes of this Section, "firefighter" means any |
| 23 | | person who has been prior to, on, or after the effective date |
| 24 | | of this amendatory Act of the 97th General Assembly appointed |
| 25 | | to a fire department or fire protection district or employed by |
| 26 | | a State university and sworn or commissioned to perform |
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| 1 | | firefighter duties or paramedic duties, or both, except that |
| 2 | | the following persons are not included: part-time |
| 3 | | firefighters; auxiliary, reserve, or voluntary firefighters, |
| 4 | | including paid-on-call firefighters; clerks and dispatchers or |
| 5 | | other civilian employees of a fire department or fire |
| 6 | | protection district who are not routinely expected to perform |
| 7 | | firefighter duties; and elected officials. |
| 8 | | (c) Qualification for placement on register of eligibles. |
| 9 | | The purpose of establishing a register of eligibles is to |
| 10 | | identify applicants who possess and demonstrate the mental |
| 11 | | aptitude and physical ability to perform the duties required of |
| 12 | | members of the fire department in order to provide the highest |
| 13 | | quality of service to the public. To this end, all applicants |
| 14 | | for original appointment to an affected fire department shall |
| 15 | | be subject to examination and testing which shall be public, |
| 16 | | competitive, and open to all applicants unless the municipality |
| 17 | | shall by ordinance limit applicants to residents of the |
| 18 | | municipality, county or counties in which the municipality is |
| 19 | | located, State, or nation. Municipalities may establish |
| 20 | | educational, emergency medical service licensure, and other |
| 21 | | pre-requisites for participation in an examination or for hire |
| 22 | | as a firefighter. Any municipality may charge a fee to cover |
| 23 | | the costs of the application process. |
| 24 | | Residency requirements in effect at the time an individual |
| 25 | | enters the fire service of a municipality cannot be made more |
| 26 | | restrictive for that individual during his or her period of |
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| 1 | | service for that municipality, or be made a condition of |
| 2 | | promotion, except for the rank or position of fire chief and |
| 3 | | for no more than 2 positions that rank immediately below that |
| 4 | | of the chief rank which are appointed positions pursuant to the |
| 5 | | Fire Department Promotion Act. |
| 6 | | No person who is 35 years of age or older shall be eligible |
| 7 | | to take an examination for a position as a firefighter unless |
| 8 | | the person has had previous employment status as a firefighter |
| 9 | | in the regularly constituted fire department of the |
| 10 | | municipality, except as provided in this Section. The age |
| 11 | | limitation does not apply to: |
| 12 | | (1) any person previously employed as a full-time |
| 13 | | firefighter in a regularly constituted fire department of |
| 14 | | (i) any municipality or fire protection district located in |
| 15 | | Illinois, (ii) a fire protection district whose |
| 16 | | obligations were assumed by a municipality under Section 21 |
| 17 | | of the Fire Protection District Act, or (iii) a |
| 18 | | municipality whose obligations were taken over by a fire |
| 19 | | protection district, or |
| 20 | | (2) any person who has served a municipality as a |
| 21 | | regularly enrolled volunteer, paid-on-call, or part-time |
| 22 | | firefighter for the 5 years immediately preceding the time |
| 23 | | that the municipality begins to use full-time firefighters |
| 24 | | to provide all or part of its fire protection service. |
| 25 | | No person who is under 21 years of age shall be eligible |
| 26 | | for employment as a firefighter. |
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| 1 | | No applicant shall be examined concerning his or her |
| 2 | | political or religious opinions or affiliations. The |
| 3 | | examinations shall be conducted by the commissioners of the |
| 4 | | municipality or their designees and agents. |
| 5 | | No municipality shall require that any firefighter |
| 6 | | appointed to the lowest rank serve a probationary employment |
| 7 | | period of longer than one year of actual active employment, |
| 8 | | which may exclude periods of training, or injury or illness |
| 9 | | leaves, including duty related leave, in excess of 30 calendar |
| 10 | | days. Notwithstanding anything to the contrary in this Section, |
| 11 | | the probationary employment period limitation may be extended |
| 12 | | for a firefighter who is required, as a condition of |
| 13 | | employment, to be a licensed certified paramedic, during which |
| 14 | | time the sole reason that a firefighter may be discharged |
| 15 | | without a hearing is for failing to meet the requirements for |
| 16 | | paramedic licensure certification. |
| 17 | | In the event that any applicant who has been found eligible |
| 18 | | for appointment and whose name has been placed upon the final |
| 19 | | eligibility register provided for in this Section has not been |
| 20 | | appointed to a firefighter position within one year after the |
| 21 | | date of his or her physical ability examination, the commission |
| 22 | | may cause a second examination to be made of that applicant's |
| 23 | | physical ability prior to his or her appointment. If, after the |
| 24 | | second examination, the physical ability of the applicant shall |
| 25 | | be found to be less than the minimum standard fixed by the |
| 26 | | rules of the commission, the applicant shall not be appointed. |
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| 1 | | The applicant's name may be retained upon the register of |
| 2 | | candidates eligible for appointment and when next reached for |
| 3 | | certification and appointment that applicant may be again |
| 4 | | examined as provided in this Section, and if the physical |
| 5 | | ability of that applicant is found to be less than the minimum |
| 6 | | standard fixed by the rules of the commission, the applicant |
| 7 | | shall not be appointed, and the name of the applicant shall be |
| 8 | | removed from the register. |
| 9 | | (d) Notice, examination, and testing components. Notice of |
| 10 | | the time, place, general scope, merit criteria for any |
| 11 | | subjective component, and fee of every examination shall be |
| 12 | | given by the commission, by a publication at least 2 weeks |
| 13 | | preceding the examination: (i) in one or more newspapers |
| 14 | | published in the municipality, or if no newspaper is published |
| 15 | | therein, then in one or more newspapers with a general |
| 16 | | circulation within the municipality, or (ii) on the |
| 17 | | municipality's Internet website. Additional notice of the |
| 18 | | examination may be given as the commission shall prescribe. |
| 19 | | The examination and qualifying standards for employment of |
| 20 | | firefighters shall be based on: mental aptitude, physical |
| 21 | | ability, preferences, moral character, and health. The mental |
| 22 | | aptitude, physical ability, and preference components shall |
| 23 | | determine an applicant's qualification for and placement on the |
| 24 | | final register of eligibles. The examination may also include a |
| 25 | | subjective component based on merit criteria as determined by |
| 26 | | the commission. Scores from the examination must be made |
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| 1 | | available to the public. |
| 2 | | (e) Mental aptitude. No person who does not possess at |
| 3 | | least a high school diploma or an equivalent high school |
| 4 | | education shall be placed on a register of eligibles. |
| 5 | | Examination of an applicant's mental aptitude shall be based |
| 6 | | upon a written examination. The examination shall be practical |
| 7 | | in character and relate to those matters that fairly test the |
| 8 | | capacity of the persons examined to discharge the duties |
| 9 | | performed by members of a fire department. Written examinations |
| 10 | | shall be administered in a manner that ensures the security and |
| 11 | | accuracy of the scores achieved. |
| 12 | | (f) Physical ability. All candidates shall be required to |
| 13 | | undergo an examination of their physical ability to perform the |
| 14 | | essential functions included in the duties they may be called |
| 15 | | upon to perform as a member of a fire department. For the |
| 16 | | purposes of this Section, essential functions of the job are |
| 17 | | functions associated with duties that a firefighter may be |
| 18 | | called upon to perform in response to emergency calls. The |
| 19 | | frequency of the occurrence of those duties as part of the fire |
| 20 | | department's regular routine shall not be a controlling factor |
| 21 | | in the design of examination criteria or evolutions selected |
| 22 | | for testing. These physical examinations shall be open, |
| 23 | | competitive, and based on industry standards designed to test |
| 24 | | each applicant's physical abilities in the following |
| 25 | | dimensions: |
| 26 | | (1) Muscular strength to perform tasks and evolutions |
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| 1 | | that may be required in the performance of duties including |
| 2 | | grip strength, leg strength, and arm strength. Tests shall |
| 3 | | be conducted under anaerobic as well as aerobic conditions |
| 4 | | to test both the candidate's speed and endurance in |
| 5 | | performing tasks and evolutions. Tasks tested may be based |
| 6 | | on standards developed, or approved, by the local |
| 7 | | appointing authority. |
| 8 | | (2) The ability to climb ladders, operate from heights, |
| 9 | | walk or crawl in the dark along narrow and uneven surfaces, |
| 10 | | and operate in proximity to hazardous environments. |
| 11 | | (3) The ability to carry out critical, time-sensitive, |
| 12 | | and complex problem solving during physical exertion in |
| 13 | | stressful and hazardous environments. The testing |
| 14 | | environment may be hot and dark with tightly enclosed |
| 15 | | spaces, flashing lights, sirens, and other distractions. |
| 16 | | The tests utilized to measure each applicant's
|
| 17 | | capabilities in each of these dimensions may be tests based on
|
| 18 | | industry standards currently in use or equivalent tests |
| 19 | | approved by the Joint Labor-Management Committee of the Office |
| 20 | | of the State Fire Marshal. |
| 21 | | Physical ability examinations administered under this |
| 22 | | Section shall be conducted with a reasonable number of proctors |
| 23 | | and monitors, open to the public, and subject to reasonable |
| 24 | | regulations of the commission. |
| 25 | | (g) Scoring of examination components. Appointing |
| 26 | | authorities may create a preliminary eligibility register. A |
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| 1 | | person shall be placed on the list based upon his or her |
| 2 | | passage of the written examination or the passage of the |
| 3 | | written examination and the physical ability component. |
| 4 | | Passage of the written examination means a score that is at or |
| 5 | | above the median score for all applicants participating in the |
| 6 | | written test. The appointing authority may conduct the physical |
| 7 | | ability component and any subjective components subsequent to |
| 8 | | the posting of the preliminary eligibility register. |
| 9 | | The examination components for an initial eligibility |
| 10 | | register shall be graded on a 100-point scale. A person's |
| 11 | | position on the list shall be determined by the following: (i)
|
| 12 | | the person's score on the written examination, (ii) the person
|
| 13 | | successfully passing the physical ability component, and (iii) |
| 14 | | the
person's results on any subjective component as described |
| 15 | | in
subsection (d). |
| 16 | | In order to qualify for placement on the final eligibility |
| 17 | | register, an applicant's score on the written examination, |
| 18 | | before any applicable preference points or subjective points |
| 19 | | are applied, shall be at or above the median score. The local |
| 20 | | appointing authority may prescribe the score to qualify for |
| 21 | | placement on the final eligibility register, but the score |
| 22 | | shall not be less than the median score. |
| 23 | | The commission shall prepare and keep a register of persons |
| 24 | | whose total score is not less than the minimum fixed by this |
| 25 | | Section and who have passed the physical ability examination. |
| 26 | | These persons shall take rank upon the register as candidates |
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| 1 | | in the order of their relative excellence based on the highest |
| 2 | | to the lowest total points scored on the mental aptitude, |
| 3 | | subjective component, and preference components of the test |
| 4 | | administered in accordance with this Section. No more than 60 |
| 5 | | days after each examination, an initial eligibility list shall |
| 6 | | be posted by the commission. The list shall include the final |
| 7 | | grades of the candidates without reference to priority of the |
| 8 | | time of examination and subject to claim for preference credit. |
| 9 | | Commissions may conduct additional examinations, including |
| 10 | | without limitation a polygraph test, after a final eligibility |
| 11 | | register is established and before it expires with the |
| 12 | | candidates ranked by total score without regard to date of |
| 13 | | examination. No more than 60 days after each examination, an |
| 14 | | initial eligibility list shall be posted by the commission |
| 15 | | showing the final grades of the candidates without reference to |
| 16 | | priority of time of examination and subject to claim for |
| 17 | | preference credit. |
| 18 | | (h) Preferences. The following are preferences: |
| 19 | | (1) Veteran preference. Persons who were engaged in the |
| 20 | | military service of the United States for a period of at |
| 21 | | least one year of active duty and who were honorably |
| 22 | | discharged therefrom, or who are now or have been members |
| 23 | | on inactive or reserve duty in such military or naval |
| 24 | | service, shall be preferred for appointment to and |
| 25 | | employment with the fire department of an affected |
| 26 | | department. |
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| 1 | | (2) Fire cadet preference. Persons who have |
| 2 | | successfully completed 2 years of study in fire techniques |
| 3 | | or cadet training within a cadet program established under |
| 4 | | the rules of the Joint Labor and Management Committee |
| 5 | | (JLMC), as defined in Section 50 of the Fire Department |
| 6 | | Promotion Act, may be preferred for appointment to and |
| 7 | | employment with the fire department. |
| 8 | | (3) Educational preference. Persons who have |
| 9 | | successfully obtained an associate's degree in the field of |
| 10 | | fire service or emergency medical services, or a bachelor's |
| 11 | | degree from an accredited college or university may be |
| 12 | | preferred for appointment to and employment with the fire |
| 13 | | department. |
| 14 | | (4) Paramedic preference. Persons who have obtained a |
| 15 | | license certification as a paramedic an Emergency Medical |
| 16 | | Technician-Paramedic (EMT-P) shall be preferred for |
| 17 | | appointment to and employment with the fire department of |
| 18 | | an affected department providing emergency medical |
| 19 | | services. |
| 20 | | (5) Experience preference. All persons employed by a |
| 21 | | municipality who have been paid-on-call or part-time |
| 22 | | certified Firefighter II, State of Illinois or nationally |
| 23 | | licensed EMT, EMT-B or EMT-I, AEMT, or any combination of |
| 24 | | those capacities shall be awarded 0.5 point for each year |
| 25 | | of successful service in one or more of those capacities, |
| 26 | | up to a maximum of 5 points. Certified Firefighter III and |
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| 1 | | State of Illinois or nationally licensed paramedics shall |
| 2 | | be awarded one point per year up to a maximum of 5 points. |
| 3 | | Applicants from outside the municipality who were employed |
| 4 | | as full-time firefighters or firefighter-paramedics by a |
| 5 | | fire protection district or another municipality for at |
| 6 | | least 2 years shall be awarded 5 experience preference |
| 7 | | points. These additional points presuppose a rating scale |
| 8 | | totaling 100 points available for the eligibility list. If |
| 9 | | more or fewer points are used in the rating scale for the |
| 10 | | eligibility list, the points awarded under this subsection |
| 11 | | shall be increased or decreased by a factor equal to the |
| 12 | | total possible points available for the examination |
| 13 | | divided by 100. |
| 14 | | Upon request by the commission, the governing body of |
| 15 | | the municipality or in the case of applicants from outside |
| 16 | | the municipality the governing body of any fire protection |
| 17 | | district or any other municipality shall certify to the |
| 18 | | commission, within 10 days after the request, the number of |
| 19 | | years of successful paid-on-call, part-time, or full-time |
| 20 | | service of any person. A candidate may not receive the full |
| 21 | | amount of preference points under this subsection if the |
| 22 | | amount of points awarded would place the candidate before a |
| 23 | | veteran on the eligibility list. If more than one candidate |
| 24 | | receiving experience preference points is prevented from |
| 25 | | receiving all of their points due to not being allowed to |
| 26 | | pass a veteran, the candidates shall be placed on the list |
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| 1 | | below the veteran in rank order based on the totals |
| 2 | | received if all points under this subsection were to be |
| 3 | | awarded. Any remaining ties on the list shall be determined |
| 4 | | by lot. |
| 5 | | (6) Residency preference. Applicants whose principal |
| 6 | | residence is located within the fire department's |
| 7 | | jurisdiction shall be preferred for appointment to and |
| 8 | | employment with the fire department. |
| 9 | | (7) Additional preferences. Up to 5 additional |
| 10 | | preference points may be awarded for unique categories |
| 11 | | based on an applicant's experience or background as |
| 12 | | identified by the commission. |
| 13 | | (8) Scoring of preferences. The commission shall give |
| 14 | | preference for original appointment
to persons designated |
| 15 | | in item (1)
by adding to the final grade that they receive |
| 16 | | 5 points
for the recognized preference achieved. The |
| 17 | | commission shall determine the number of preference points |
| 18 | | for each category except (1). The number of preference |
| 19 | | points for each category shall range from 0 to 5. In |
| 20 | | determining the number of preference points, the |
| 21 | | commission shall prescribe that if a candidate earns the |
| 22 | | maximum number of preference points in all categories, that |
| 23 | | number may not be less than 10 nor more than 30. The |
| 24 | | commission shall give preference for original appointment |
| 25 | | to persons designated in items (2) through (7) by adding |
| 26 | | the requisite number of points to the final grade for each |
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| 1 | | recognized preference achieved. The numerical result thus |
| 2 | | attained shall be applied by the commission in determining |
| 3 | | the final eligibility list and appointment from the |
| 4 | | eligibility list. The local appointing authority may |
| 5 | | prescribe the total number of preference points awarded |
| 6 | | under this Section, but the total number of preference |
| 7 | | points shall not be less than 10 points or more than 30 |
| 8 | | points. |
| 9 | | No person entitled to any preference shall be required to |
| 10 | | claim the credit before any examination held under the |
| 11 | | provisions of this Section, but the preference shall be given |
| 12 | | after the posting or publication of the initial eligibility |
| 13 | | list or register at the request of a person entitled to a |
| 14 | | credit before any certification or appointments are made from |
| 15 | | the eligibility register, upon the furnishing of verifiable |
| 16 | | evidence and proof of qualifying preference credit. Candidates |
| 17 | | who are eligible for preference credit shall make a claim in |
| 18 | | writing within 10 days after the posting of the initial |
| 19 | | eligibility list, or the claim shall be deemed waived. Final |
| 20 | | eligibility registers shall be established after the awarding |
| 21 | | of verified preference points. All employment shall be subject |
| 22 | | to the commission's initial hire background review including, |
| 23 | | but not limited to, criminal history, employment history, moral |
| 24 | | character, oral examination, and medical and psychological |
| 25 | | examinations, all on a pass-fail basis. The medical and |
| 26 | | psychological examinations must be conducted last, and may only |
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| 1 | | be performed after a conditional offer of employment has been |
| 2 | | extended. |
| 3 | | Any person placed on an eligibility list who exceeds the |
| 4 | | age requirement before being appointed to a fire department |
| 5 | | shall remain eligible for appointment until the list is |
| 6 | | abolished, or his or her name has been on the list for a period |
| 7 | | of 2 years. No person who has attained the age of 35 years |
| 8 | | shall be inducted into a fire department, except as otherwise |
| 9 | | provided in this Section. |
| 10 | | The commission shall strike off the names of candidates for |
| 11 | | original appointment after the names have been on the list for |
| 12 | | more than 2 years. |
| 13 | | (i) Moral character. No person shall be appointed to a fire |
| 14 | | department unless he or she is a person of good character; not |
| 15 | | a habitual drunkard, a gambler, or a person who has been |
| 16 | | convicted of a felony or a crime involving moral turpitude. |
| 17 | | However, no person shall be disqualified from appointment to |
| 18 | | the fire department because of the person's record of |
| 19 | | misdemeanor convictions except those under Sections 11-6, |
| 20 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
| 21 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
| 22 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
| 23 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
| 24 | | Criminal Code of 2012, or arrest for any cause without |
| 25 | | conviction thereon. Any such person who is in the department |
| 26 | | may be removed on charges brought for violating this subsection |
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| 1 | | and after a trial as hereinafter provided. |
| 2 | | A classifiable set of the fingerprints of every person who |
| 3 | | is offered employment as a certificated member of an affected |
| 4 | | fire department whether with or without compensation, shall be |
| 5 | | furnished to the Illinois Department of State Police and to the |
| 6 | | Federal Bureau of Investigation by the commission. |
| 7 | | Whenever a commission is authorized or required by law to |
| 8 | | consider some aspect of criminal history record information for |
| 9 | | the purpose of carrying out its statutory powers and |
| 10 | | responsibilities, then, upon request and payment of fees in |
| 11 | | conformance with the requirements of Section 2605-400 of the |
| 12 | | State Police Law of the Civil Administrative Code of Illinois, |
| 13 | | the Department of State Police is authorized to furnish, |
| 14 | | pursuant to positive identification, the information contained |
| 15 | | in State files as is necessary to fulfill the request. |
| 16 | | (j) Temporary appointments. In order to prevent a stoppage |
| 17 | | of public business, to meet extraordinary exigencies, or to |
| 18 | | prevent material impairment of the fire department, the |
| 19 | | commission may make temporary appointments, to remain in force |
| 20 | | only until regular appointments are made under the provisions |
| 21 | | of this Division, but never to exceed 60 days. No temporary |
| 22 | | appointment of any one person shall be made more than twice in |
| 23 | | any calendar year. |
| 24 | | (k) A person who knowingly divulges or receives test |
| 25 | | questions or answers before a written examination, or otherwise |
| 26 | | knowingly violates or subverts any requirement of this Section, |
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| 1 | | commits a violation of this Section and may be subject to |
| 2 | | charges for official misconduct. |
| 3 | | A person who is the knowing recipient of test information |
| 4 | | in advance of the examination shall be disqualified from the |
| 5 | | examination or discharged from the position to which he or she |
| 6 | | was appointed, as applicable, and otherwise subjected to |
| 7 | | disciplinary actions.
|
| 8 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
| 9 | | 97-1150, eff. 1-25-13.)
|
| 10 | | (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
|
| 11 | | Sec. 10-2.1-14. Register of eligibles. The board of fire |
| 12 | | and police
commissioners shall prepare and keep a register of |
| 13 | | persons whose general
average standing, upon examination, is |
| 14 | | not less than the minimum fixed by the
rules of the board, and |
| 15 | | who are otherwise eligible. These persons shall take
rank upon |
| 16 | | the register as candidates in the order of their relative |
| 17 | | excellence
as determined by examination, without reference to |
| 18 | | priority of time of
examination.
The board of fire and police |
| 19 | | commissioners may prepare and keep a second register of persons |
| 20 | | who have previously been full-time sworn officers of a regular |
| 21 | | police department in any municipal, county, university, or |
| 22 | | State law enforcement agency, provided they are certified by |
| 23 | | the Illinois Law Enforcement Training Standards Board and have |
| 24 | | been with their respective law enforcement agency within the |
| 25 | | State for at least 2 years. The persons on this list shall take |
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| 1 | | rank upon the register as candidates in the order of their |
| 2 | | relative excellence as determined by members of the board of |
| 3 | | fire and police commissioners. Applicants who have been awarded |
| 4 | | a certificate attesting to their successful
completion of the |
| 5 | | Minimum Standards Basic Law Enforcement Training Course, as
|
| 6 | | provided in the Illinois Police Training Act, may be given |
| 7 | | preference in
appointment over noncertified applicants. |
| 8 | | Applicants for appointment to fire departments who are licensed |
| 9 | | as an EMT, EMT-B, EMT-I, AEMT, or paramedic EMT-P under the |
| 10 | | Emergency Medical Services (EMS) Systems Act, may be given |
| 11 | | preference in appointment over non-licensed applicants.
|
| 12 | | Within 60 days after each examination, an eligibility list
|
| 13 | | shall be posted by the board, which shall show the final grades |
| 14 | | of
the candidates without reference to priority of time of |
| 15 | | examination
and subject to claim for military credit. |
| 16 | | Candidates who are
eligible for military credit shall make a |
| 17 | | claim in writing within 10 days after
the posting of the |
| 18 | | eligibility list or such claim shall be deemed waived.
|
| 19 | | Appointment shall be subject to a final physical examination.
|
| 20 | | If a person is placed on an eligibility list and becomes |
| 21 | | overage before he
or she is appointed to a police or fire |
| 22 | | department, the person remains eligible
for appointment until |
| 23 | | the list is abolished pursuant to authorized procedures.
|
| 24 | | Otherwise no person who has attained the age of 36 years shall |
| 25 | | be inducted as a
member of a police department and no person |
| 26 | | who has attained the age of 35
years shall be inducted as a |
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| 1 | | member of a fire department, except as otherwise
provided in |
| 2 | | this division. With respect to a police department, a veteran |
| 3 | | shall be allowed to exceed the maximum age provision of this |
| 4 | | Section by the number of years served on active military duty, |
| 5 | | but by no more than 10 years of active military duty.
|
| 6 | | (Source: P.A. 95-931, eff. 1-1-09; 96-472, eff. 8-14-09.)
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| 7 | | (65 ILCS 5/10-2.1-31) |
| 8 | | Sec. 10-2.1-31. Emergency medical technician licensure. |
| 9 | | The corporate authorities of any municipality may require that |
| 10 | | all firefighters hired by the municipality on or after January |
| 11 | | 1, 2009 (the effective date of Public Act 95-935) this |
| 12 | | amendatory Act of the 95th General Assembly be licensed as an |
| 13 | | EMT, EMT-B, EMT-I, AEMT, or paramedic EMT-P under the Emergency |
| 14 | | Medical Services (EMS) Systems Act.
|
| 15 | | (Source: P.A. 95-935, eff. 1-1-09.)
|
| 16 | | Section 20. The Fire Protection District Act is amended by |
| 17 | | changing Sections 16.06b, 16.08b, and 16.13b as follows:
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| 18 | | (70 ILCS 705/16.06b) |
| 19 | | Sec. 16.06b. Original appointments; full-time fire |
| 20 | | department. |
| 21 | | (a) Applicability. Unless a commission elects to follow the |
| 22 | | provisions of Section 16.06c, this Section shall apply to all |
| 23 | | original appointments to an affected full-time fire |
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| 1 | | department. Existing registers of eligibles shall continue to |
| 2 | | be valid until their expiration dates, or up to a maximum of 2 |
| 3 | | years after the effective date of this amendatory Act of the |
| 4 | | 97th General Assembly. |
| 5 | | Notwithstanding any statute, ordinance, rule, or other law |
| 6 | | to the contrary, all original appointments to an affected |
| 7 | | department to which this Section applies shall be administered |
| 8 | | in a no less stringent manner than the manner provided for in |
| 9 | | this Section. Provisions of the Illinois Municipal Code, Fire |
| 10 | | Protection District Act, fire district ordinances, and rules |
| 11 | | adopted pursuant to such authority and other laws relating to |
| 12 | | initial hiring of firefighters in affected departments shall |
| 13 | | continue to apply to the extent they are compatible with this |
| 14 | | Section, but in the event of a conflict between this Section |
| 15 | | and any other law, this Section shall control. |
| 16 | | A fire protection district that is operating under a court |
| 17 | | order or consent decree regarding original appointments to a |
| 18 | | full-time fire department before the effective date of this |
| 19 | | amendatory Act of the 97th General Assembly is exempt from the |
| 20 | | requirements of this Section for the duration of the court |
| 21 | | order or consent decree. |
| 22 | | (b) Original appointments. All original appointments made |
| 23 | | to an affected fire department shall be made from a register of |
| 24 | | eligibles established in accordance with the processes |
| 25 | | required by this Section. Only persons who meet or exceed the |
| 26 | | performance standards required by the Section shall be placed |
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| 1 | | on a register of eligibles for original appointment to an |
| 2 | | affected fire department. |
| 3 | | Whenever an appointing authority authorizes action to hire |
| 4 | | a person to perform the duties of a firefighter or to hire a |
| 5 | | firefighter-paramedic to fill a position that is a new position |
| 6 | | or vacancy due to resignation, discharge, promotion, death, the |
| 7 | | granting of a disability or retirement pension, or any other |
| 8 | | cause, the appointing authority shall appoint to that position |
| 9 | | the person with the highest ranking on the final eligibility |
| 10 | | list. If the appointing authority has reason to conclude that |
| 11 | | the highest ranked person fails to meet the minimum standards |
| 12 | | for the position or if the appointing authority believes an |
| 13 | | alternate candidate would better serve the needs of the |
| 14 | | department, then the appointing authority has the right to pass |
| 15 | | over the highest ranked person and appoint either: (i) any |
| 16 | | person who has a ranking in the top 5% of the register of |
| 17 | | eligibles or (ii) any person who is among the top 5 highest |
| 18 | | ranked persons on the list of eligibles if the number of people |
| 19 | | who have a ranking in the top 5% of the register of eligibles |
| 20 | | is less than 5 people. |
| 21 | | Any candidate may pass on an appointment once without |
| 22 | | losing his or her position on the register of eligibles. Any |
| 23 | | candidate who passes a second time may be removed from the list |
| 24 | | by the appointing authority provided that such action shall not |
| 25 | | prejudice a person's opportunities to participate in future |
| 26 | | examinations, including an examination held during the time a |
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| 1 | | candidate is already on the fire district's register of |
| 2 | | eligibles. |
| 3 | | The sole authority to issue certificates of appointment |
| 4 | | shall be vested in the board of fire commissioners, or board of |
| 5 | | trustees serving in the capacity of a board of fire |
| 6 | | commissioners. All certificates of appointment issued to any |
| 7 | | officer or member of an affected department shall be signed by |
| 8 | | the chairperson and secretary, respectively, of the commission |
| 9 | | upon appointment of such officer or member to the affected |
| 10 | | department by action of the commission. Each person who accepts |
| 11 | | a certificate of appointment and successfully completes his or |
| 12 | | her probationary period shall be enrolled as a firefighter and |
| 13 | | as a regular member of the fire department. |
| 14 | | For the purposes of this Section, "firefighter" means any |
| 15 | | person who has been prior to, on, or after the effective date |
| 16 | | of this amendatory Act of the 97th General Assembly appointed |
| 17 | | to a fire department or fire protection district or employed by |
| 18 | | a State university and sworn or commissioned to perform |
| 19 | | firefighter duties or paramedic duties, or both, except that |
| 20 | | the following persons are not included: part-time |
| 21 | | firefighters; auxiliary, reserve, or voluntary firefighters, |
| 22 | | including paid-on-call firefighters; clerks and dispatchers or |
| 23 | | other civilian employees of a fire department or fire |
| 24 | | protection district who are not routinely expected to perform |
| 25 | | firefighter duties; and elected officials. |
| 26 | | (c) Qualification for placement on register of eligibles. |
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| 1 | | The purpose of establishing a register of eligibles is to |
| 2 | | identify applicants who possess and demonstrate the mental |
| 3 | | aptitude and physical ability to perform the duties required of |
| 4 | | members of the fire department in order to provide the highest |
| 5 | | quality of service to the public. To this end, all applicants |
| 6 | | for original appointment to an affected fire department shall |
| 7 | | be subject to examination and testing which shall be public, |
| 8 | | competitive, and open to all applicants unless the district |
| 9 | | shall by ordinance limit applicants to residents of the |
| 10 | | district, county or counties in which the district is located, |
| 11 | | State, or nation. Districts may establish educational, |
| 12 | | emergency medical service licensure, and other pre-requisites |
| 13 | | for participation in an examination or for hire as a |
| 14 | | firefighter. Any fire protection district may charge a fee to |
| 15 | | cover the costs of the application process. |
| 16 | | Residency requirements in effect at the time an individual |
| 17 | | enters the fire service of a district cannot be made more |
| 18 | | restrictive for that individual during his or her period of |
| 19 | | service for that district, or be made a condition of promotion, |
| 20 | | except for the rank or position of fire chief and for no more |
| 21 | | than 2 positions that rank immediately below that of the chief |
| 22 | | rank which are appointed positions pursuant to the Fire |
| 23 | | Department Promotion Act. |
| 24 | | No person who is 35 years of age or older shall be eligible |
| 25 | | to take an examination for a position as a firefighter unless |
| 26 | | the person has had previous employment status as a firefighter |
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| 1 | | in the regularly constituted fire department of the district, |
| 2 | | except as provided in this Section. The age limitation does not |
| 3 | | apply to: |
| 4 | | (1) any person previously employed as a full-time |
| 5 | | firefighter in a regularly constituted fire department of |
| 6 | | (i) any municipality or fire protection district located in |
| 7 | | Illinois, (ii) a fire protection district whose |
| 8 | | obligations were assumed by a municipality under Section 21 |
| 9 | | of the Fire Protection District Act, or (iii) a |
| 10 | | municipality whose obligations were taken over by a fire |
| 11 | | protection district, or |
| 12 | | (2) any person who has served a fire district as a |
| 13 | | regularly enrolled volunteer, paid-on-call, or part-time |
| 14 | | firefighter for the 5 years immediately preceding the time |
| 15 | | that the district begins to use full-time firefighters to |
| 16 | | provide all or part of its fire protection service. |
| 17 | | No person who is under 21 years of age shall be eligible |
| 18 | | for employment as a firefighter. |
| 19 | | No applicant shall be examined concerning his or her |
| 20 | | political or religious opinions or affiliations. The |
| 21 | | examinations shall be conducted by the commissioners of the |
| 22 | | district or their designees and agents. |
| 23 | | No district shall require that any firefighter appointed to |
| 24 | | the lowest rank serve a probationary employment period of |
| 25 | | longer than one year of actual active employment, which may |
| 26 | | exclude periods of training, or injury or illness leaves, |
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| 1 | | including duty related leave, in excess of 30 calendar days. |
| 2 | | Notwithstanding anything to the contrary in this Section, the |
| 3 | | probationary employment period limitation may be extended for a |
| 4 | | firefighter who is required, as a condition of employment, to |
| 5 | | be a licensed certified paramedic, during which time the sole |
| 6 | | reason that a firefighter may be discharged without a hearing |
| 7 | | is for failing to meet the requirements for paramedic licensure |
| 8 | | certification. |
| 9 | | In the event that any applicant who has been found eligible |
| 10 | | for appointment and whose name has been placed upon the final |
| 11 | | eligibility register provided for in this Section has not been |
| 12 | | appointed to a firefighter position within one year after the |
| 13 | | date of his or her physical ability examination, the commission |
| 14 | | may cause a second examination to be made of that applicant's |
| 15 | | physical ability prior to his or her appointment. If, after the |
| 16 | | second examination, the physical ability of the applicant shall |
| 17 | | be found to be less than the minimum standard fixed by the |
| 18 | | rules of the commission, the applicant shall not be appointed. |
| 19 | | The applicant's name may be retained upon the register of |
| 20 | | candidates eligible for appointment and when next reached for |
| 21 | | certification and appointment that applicant may be again |
| 22 | | examined as provided in this Section, and if the physical |
| 23 | | ability of that applicant is found to be less than the minimum |
| 24 | | standard fixed by the rules of the commission, the applicant |
| 25 | | shall not be appointed, and the name of the applicant shall be |
| 26 | | removed from the register. |
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| 1 | | (d) Notice, examination, and testing components. Notice of |
| 2 | | the time, place, general scope, merit criteria for any |
| 3 | | subjective component, and fee of every examination shall be |
| 4 | | given by the commission, by a publication at least 2 weeks |
| 5 | | preceding the examination: (i) in one or more newspapers |
| 6 | | published in the district, or if no newspaper is published |
| 7 | | therein, then in one or more newspapers with a general |
| 8 | | circulation within the district, or (ii) on the fire protection |
| 9 | | district's Internet website. Additional notice of the |
| 10 | | examination may be given as the commission shall prescribe. |
| 11 | | The examination and qualifying standards for employment of |
| 12 | | firefighters shall be based on: mental aptitude, physical |
| 13 | | ability, preferences, moral character, and health. The mental |
| 14 | | aptitude, physical ability, and preference components shall |
| 15 | | determine an applicant's qualification for and placement on the |
| 16 | | final register of eligibles. The examination may also include a |
| 17 | | subjective component based on merit criteria as determined by |
| 18 | | the commission. Scores from the examination must be made |
| 19 | | available to the public. |
| 20 | | (e) Mental aptitude. No person who does not possess at |
| 21 | | least a high school diploma or an equivalent high school |
| 22 | | education shall be placed on a register of eligibles. |
| 23 | | Examination of an applicant's mental aptitude shall be based |
| 24 | | upon a written examination. The examination shall be practical |
| 25 | | in character and relate to those matters that fairly test the |
| 26 | | capacity of the persons examined to discharge the duties |
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| 1 | | performed by members of a fire department. Written examinations |
| 2 | | shall be administered in a manner that ensures the security and |
| 3 | | accuracy of the scores achieved. |
| 4 | | (f) Physical ability. All candidates shall be required to |
| 5 | | undergo an examination of their physical ability to perform the |
| 6 | | essential functions included in the duties they may be called |
| 7 | | upon to perform as a member of a fire department. For the |
| 8 | | purposes of this Section, essential functions of the job are |
| 9 | | functions associated with duties that a firefighter may be |
| 10 | | called upon to perform in response to emergency calls. The |
| 11 | | frequency of the occurrence of those duties as part of the fire |
| 12 | | department's regular routine shall not be a controlling factor |
| 13 | | in the design of examination criteria or evolutions selected |
| 14 | | for testing. These physical examinations shall be open, |
| 15 | | competitive, and based on industry standards designed to test |
| 16 | | each applicant's physical abilities in the following |
| 17 | | dimensions: |
| 18 | | (1) Muscular strength to perform tasks and evolutions |
| 19 | | that may be required in the performance of duties including |
| 20 | | grip strength, leg strength, and arm strength. Tests shall |
| 21 | | be conducted under anaerobic as well as aerobic conditions |
| 22 | | to test both the candidate's speed and endurance in |
| 23 | | performing tasks and evolutions. Tasks tested may be based |
| 24 | | on standards developed, or approved, by the local |
| 25 | | appointing authority. |
| 26 | | (2) The ability to climb ladders, operate from heights, |
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| 1 | | walk or crawl in the dark along narrow and uneven surfaces, |
| 2 | | and operate in proximity to hazardous environments. |
| 3 | | (3) The ability to carry out critical, time-sensitive, |
| 4 | | and complex problem solving during physical exertion in |
| 5 | | stressful and hazardous environments. The testing |
| 6 | | environment may be hot and dark with tightly enclosed |
| 7 | | spaces, flashing lights, sirens, and other distractions. |
| 8 | | The tests utilized to measure each applicant's
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| 9 | | capabilities in each of these dimensions may be tests based on
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| 10 | | industry standards currently in use or equivalent tests |
| 11 | | approved by the Joint Labor-Management Committee of the Office |
| 12 | | of the State Fire Marshal. |
| 13 | | Physical ability examinations administered under this |
| 14 | | Section shall be conducted with a reasonable number of proctors |
| 15 | | and monitors, open to the public, and subject to reasonable |
| 16 | | regulations of the commission. |
| 17 | | (g) Scoring of examination components. Appointing |
| 18 | | authorities may create a preliminary eligibility register. A |
| 19 | | person shall be placed on the list based upon his or her |
| 20 | | passage of the written examination or the passage of the |
| 21 | | written examination and the physical ability component. |
| 22 | | Passage of the written examination means a score that is at or |
| 23 | | above the median score for all applicants participating in the |
| 24 | | written test. The appointing authority may conduct the physical |
| 25 | | ability component and any subjective components subsequent to |
| 26 | | the posting of the preliminary eligibility register. |
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| 1 | | The examination components for an initial eligibility |
| 2 | | register shall be graded on a 100-point scale. A person's |
| 3 | | position on the list shall be determined by the following: (i)
|
| 4 | | the person's score on the written examination, (ii) the person
|
| 5 | | successfully passing the physical ability component, and (iii) |
| 6 | | the
person's results on any subjective component as described |
| 7 | | in
subsection (d). |
| 8 | | In order to qualify for placement on the final eligibility |
| 9 | | register, an applicant's score on the written examination, |
| 10 | | before any applicable preference points or subjective points |
| 11 | | are applied, shall be at or above the median score. The local |
| 12 | | appointing authority may prescribe the score to qualify for |
| 13 | | placement on the final eligibility register, but the score |
| 14 | | shall not be less than the median score. |
| 15 | | The commission shall prepare and keep a register of persons |
| 16 | | whose total score is not less than the minimum fixed by this |
| 17 | | Section and who have passed the physical ability examination. |
| 18 | | These persons shall take rank upon the register as candidates |
| 19 | | in the order of their relative excellence based on the highest |
| 20 | | to the lowest total points scored on the mental aptitude, |
| 21 | | subjective component, and preference components of the test |
| 22 | | administered in accordance with this Section. No more than 60 |
| 23 | | days after each examination, an initial eligibility list shall |
| 24 | | be posted by the commission. The list shall include the final |
| 25 | | grades of the candidates without reference to priority of the |
| 26 | | time of examination and subject to claim for preference credit. |
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| 1 | | Commissions may conduct additional examinations, including |
| 2 | | without limitation a polygraph test, after a final eligibility |
| 3 | | register is established and before it expires with the |
| 4 | | candidates ranked by total score without regard to date of |
| 5 | | examination. No more than 60 days after each examination, an |
| 6 | | initial eligibility list shall be posted by the commission |
| 7 | | showing the final grades of the candidates without reference to |
| 8 | | priority of time of examination and subject to claim for |
| 9 | | preference credit. |
| 10 | | (h) Preferences. The following are preferences: |
| 11 | | (1) Veteran preference. Persons who were engaged in the |
| 12 | | military service of the United States for a period of at |
| 13 | | least one year of active duty and who were honorably |
| 14 | | discharged therefrom, or who are now or have been members |
| 15 | | on inactive or reserve duty in such military or naval |
| 16 | | service, shall be preferred for appointment to and |
| 17 | | employment with the fire department of an affected |
| 18 | | department. |
| 19 | | (2) Fire cadet preference. Persons who have |
| 20 | | successfully completed 2 years of study in fire techniques |
| 21 | | or cadet training within a cadet program established under |
| 22 | | the rules of the Joint Labor and Management Committee |
| 23 | | (JLMC), as defined in Section 50 of the Fire Department |
| 24 | | Promotion Act, may be preferred for appointment to and |
| 25 | | employment with the fire department. |
| 26 | | (3) Educational preference. Persons who have |
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| 1 | | successfully obtained an associate's degree in the field of |
| 2 | | fire service or emergency medical services, or a bachelor's |
| 3 | | degree from an accredited college or university may be |
| 4 | | preferred for appointment to and employment with the fire |
| 5 | | department. |
| 6 | | (4) Paramedic preference. Persons who have obtained a |
| 7 | | license certification as a paramedic an Emergency Medical |
| 8 | | Technician-Paramedic (EMT-P) may be preferred for |
| 9 | | appointment to and employment with the fire department of |
| 10 | | an affected department providing emergency medical |
| 11 | | services. |
| 12 | | (5) Experience preference. All persons employed by a |
| 13 | | district who have been paid-on-call or part-time certified |
| 14 | | Firefighter II, certified Firefighter III, State of |
| 15 | | Illinois or nationally licensed EMT, EMT-B or EMT-I, AEMT, |
| 16 | | or licensed paramedic, or any combination of those |
| 17 | | capacities may be awarded up to a maximum of 5 points. |
| 18 | | However, the applicant may not be awarded more than 0.5 |
| 19 | | points for each complete year of paid-on-call or part-time |
| 20 | | service. Applicants from outside the district who were |
| 21 | | employed as full-time firefighters or |
| 22 | | firefighter-paramedics by a fire protection district or |
| 23 | | municipality for at least 2 years may be awarded up to 5 |
| 24 | | experience preference points. However, the applicant may |
| 25 | | not be awarded more than one point for each complete year |
| 26 | | of full-time service. |
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| 1 | | Upon request by the commission, the governing body of |
| 2 | | the district or in the case of applicants from outside the |
| 3 | | district the governing body of any other fire protection |
| 4 | | district or any municipality shall certify to the |
| 5 | | commission, within 10 days after the request, the number of |
| 6 | | years of successful paid-on-call, part-time, or full-time |
| 7 | | service of any person. A candidate may not receive the full |
| 8 | | amount of preference points under this subsection if the |
| 9 | | amount of points awarded would place the candidate before a |
| 10 | | veteran on the eligibility list. If more than one candidate |
| 11 | | receiving experience preference points is prevented from |
| 12 | | receiving all of their points due to not being allowed to |
| 13 | | pass a veteran, the candidates shall be placed on the list |
| 14 | | below the veteran in rank order based on the totals |
| 15 | | received if all points under this subsection were to be |
| 16 | | awarded. Any remaining ties on the list shall be determined |
| 17 | | by lot. |
| 18 | | (6) Residency preference. Applicants whose principal |
| 19 | | residence is located within the fire department's |
| 20 | | jurisdiction may be preferred for appointment to and |
| 21 | | employment with the fire department. |
| 22 | | (7) Additional preferences. Up to 5 additional |
| 23 | | preference points may be awarded for unique categories |
| 24 | | based on an applicant's experience or background as |
| 25 | | identified by the commission. |
| 26 | | (8) Scoring of preferences. The
commission shall give |
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| 1 | | preference for original appointment
to persons designated |
| 2 | | in item (1)
by adding to the final grade that they receive |
| 3 | | 5 points
for the recognized preference achieved. The |
| 4 | | commission shall determine the number of preference points |
| 5 | | for each category except (1). The number of preference |
| 6 | | points for each category shall range from 0 to 5. In |
| 7 | | determining the number of preference points, the |
| 8 | | commission shall prescribe that if a candidate earns the |
| 9 | | maximum number of preference points in all categories, that |
| 10 | | number may not be less than 10 nor more than 30. The |
| 11 | | commission shall give preference for original appointment |
| 12 | | to persons designated in items (2) through (7) by adding |
| 13 | | the requisite number of points to the final grade for each |
| 14 | | recognized preference achieved. The numerical result thus |
| 15 | | attained shall be applied by the commission in determining |
| 16 | | the final eligibility list and appointment from the |
| 17 | | eligibility list. The local appointing authority may |
| 18 | | prescribe the total number of preference points awarded |
| 19 | | under this Section, but the total number of preference |
| 20 | | points shall not be less than 10 points or more than 30 |
| 21 | | points. |
| 22 | | No person entitled to any preference shall be required to |
| 23 | | claim the credit before any examination held under the |
| 24 | | provisions of this Section, but the preference shall be given |
| 25 | | after the posting or publication of the initial eligibility |
| 26 | | list or register at the request of a person entitled to a |
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| 1 | | credit before any certification or appointments are made from |
| 2 | | the eligibility register, upon the furnishing of verifiable |
| 3 | | evidence and proof of qualifying preference credit. Candidates |
| 4 | | who are eligible for preference credit shall make a claim in |
| 5 | | writing within 10 days after the posting of the initial |
| 6 | | eligibility list, or the claim shall be deemed waived. Final |
| 7 | | eligibility registers shall be established after the awarding |
| 8 | | of verified preference points. All employment shall be subject |
| 9 | | to the commission's initial hire background review including, |
| 10 | | but not limited to, criminal history, employment history, moral |
| 11 | | character, oral examination, and medical and psychological |
| 12 | | examinations, all on a pass-fail basis. The medical and |
| 13 | | psychological examinations must be conducted last, and may only |
| 14 | | be performed after a conditional offer of employment has been |
| 15 | | extended. |
| 16 | | Any person placed on an eligibility list who exceeds the |
| 17 | | age requirement before being appointed to a fire department |
| 18 | | shall remain eligible for appointment until the list is |
| 19 | | abolished, or his or her name has been on the list for a period |
| 20 | | of 2 years. No person who has attained the age of 35 years |
| 21 | | shall be inducted into a fire department, except as otherwise |
| 22 | | provided in this Section. |
| 23 | | The commission shall strike off the names of candidates for |
| 24 | | original appointment after the names have been on the list for |
| 25 | | more than 2 years. |
| 26 | | (i) Moral character. No person shall be appointed to a fire |
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| 1 | | department unless he or she is a person of good character; not |
| 2 | | a habitual drunkard, a gambler, or a person who has been |
| 3 | | convicted of a felony or a crime involving moral turpitude. |
| 4 | | However, no person shall be disqualified from appointment to |
| 5 | | the fire department because of the person's record of |
| 6 | | misdemeanor convictions except those under Sections 11-6, |
| 7 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
| 8 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
| 9 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
| 10 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
| 11 | | Criminal Code of 2012, or arrest for any cause without |
| 12 | | conviction thereon. Any such person who is in the department |
| 13 | | may be removed on charges brought for violating this subsection |
| 14 | | and after a trial as hereinafter provided. |
| 15 | | A classifiable set of the fingerprints of every person who |
| 16 | | is offered employment as a certificated member of an affected |
| 17 | | fire department whether with or without compensation, shall be |
| 18 | | furnished to the Illinois Department of State Police and to the |
| 19 | | Federal Bureau of Investigation by the commission. |
| 20 | | Whenever a commission is authorized or required by law to |
| 21 | | consider some aspect of criminal history record information for |
| 22 | | the purpose of carrying out its statutory powers and |
| 23 | | responsibilities, then, upon request and payment of fees in |
| 24 | | conformance with the requirements of Section 2605-400 of the |
| 25 | | State Police Law of the Civil Administrative Code of Illinois, |
| 26 | | the Department of State Police is authorized to furnish, |
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| 1 | | pursuant to positive identification, the information contained |
| 2 | | in State files as is necessary to fulfill the request. |
| 3 | | (j) Temporary appointments. In order to prevent a stoppage |
| 4 | | of public business, to meet extraordinary exigencies, or to |
| 5 | | prevent material impairment of the fire department, the |
| 6 | | commission may make temporary appointments, to remain in force |
| 7 | | only until regular appointments are made under the provisions |
| 8 | | of this Section, but never to exceed 60 days. No temporary |
| 9 | | appointment of any one person shall be made more than twice in |
| 10 | | any calendar year. |
| 11 | | (k) A person who knowingly divulges or receives test |
| 12 | | questions or answers before a written examination, or otherwise |
| 13 | | knowingly violates or subverts any requirement of this Section, |
| 14 | | commits a violation of this Section and may be subject to |
| 15 | | charges for official misconduct. |
| 16 | | A person who is the knowing recipient of test information |
| 17 | | in advance of the examination shall be disqualified from the |
| 18 | | examination or discharged from the position to which he or she |
| 19 | | was appointed, as applicable, and otherwise subjected to |
| 20 | | disciplinary actions.
|
| 21 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
| 22 | | 97-1150, eff. 1-25-13.)
|
| 23 | | (70 ILCS 705/16.08b) |
| 24 | | Sec. 16.08b. Emergency medical technician licensure. The |
| 25 | | board of trustees of a fire protection district may require |
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| 1 | | that all firefighters hired on or after January 1, 2005 (the |
| 2 | | effective date of Public Act 93-952) this amendatory Act of the |
| 3 | | 93rd General Assembly by any fire department within the |
| 4 | | district must be licensed as an EMT EMT-B, EMT-I, AEMT, or |
| 5 | | paramedic EMT-P under the Emergency Medical Services (EMS) |
| 6 | | Systems Act.
|
| 7 | | (Source: P.A. 93-952, eff. 1-1-05.)
|
| 8 | | (70 ILCS 705/16.13b) (from Ch. 127 1/2, par. 37.13b)
|
| 9 | | Sec. 16.13b. Unless the employer and a labor organization |
| 10 | | have agreed
to a contract provision providing for final and |
| 11 | | binding arbitration of
disputes concerning the existence of |
| 12 | | just cause for disciplinary action,
no officer or member of the |
| 13 | | fire department of any protection district who
has held that |
| 14 | | position for one year shall be removed or discharged
except for |
| 15 | | just cause, upon written charges specifying the
complainant and |
| 16 | | the basis for the charges, and after a hearing on those
charges |
| 17 | | before the board of fire commissioners, affording the officer |
| 18 | | or
member an opportunity to be heard in his own defense. In |
| 19 | | such case the
appointing authority shall file with the board of |
| 20 | | trustees the reasons for
such removal or discharge, which |
| 21 | | removal or discharge shall not become
effective unless |
| 22 | | confirmed by a majority vote of the board of trustees.
If |
| 23 | | written charges are brought against an officer or member,
the |
| 24 | | board of fire commissioners shall conduct a fair and impartial |
| 25 | | hearing
of the charges, to be commenced within 30 days of the |
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| 1 | | filing thereof, which
hearing may be continued from time to |
| 2 | | time. The Chief of the department
shall bear the burden of |
| 3 | | proving the guilt of the officer or member by a
preponderance |
| 4 | | of the evidence. In case an officer or member is found
guilty, |
| 5 | | the board may discharge him, or may suspend him not exceeding |
| 6 | | 30
calendar days without pay. The board may suspend any officer |
| 7 | | or member
pending the hearing with or without pay, but in no |
| 8 | | event shall the
suspension pending hearing and the ultimate |
| 9 | | suspension imposed on the
officer or member, if any, exceed 30 |
| 10 | | calendar days without pay in the
aggregate. If the board of |
| 11 | | fire commissioners determines that the charges
are not |
| 12 | | sustained, the officer or member shall be reimbursed for all |
| 13 | | wages
withheld or lost, if any. In the conduct of this hearing, |
| 14 | | each member of
the board shall have power to secure by its |
| 15 | | subpoena both the attendance
and testimony of witnesses and the |
| 16 | | production of books and papers relevant
to the hearing.
|
| 17 | | Notwithstanding any other provision of this Section, a |
| 18 | | probationary employment period may be extended beyond one year |
| 19 | | for a firefighter who is required as a condition of employment |
| 20 | | to be a licensed certified paramedic, during which time the |
| 21 | | sole reason that a firefighter may be discharged without a |
| 22 | | hearing is for failing to meet the requirements for paramedic |
| 23 | | licensure certification.
|
| 24 | | The age for mandatory retirement of firemen in the service |
| 25 | | of any
department of such district is 65 years, unless the |
| 26 | | board of trustees shall
by ordinance provide for an earlier |
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| 1 | | mandatory retirement age of not less
than 60 years.
|
| 2 | | The provisions of the Administrative Review Law, and all |
| 3 | | amendments and
modifications thereof, and the rules adopted |
| 4 | | pursuant thereto, shall apply
to and govern all proceedings for |
| 5 | | the judicial review of final
administrative decisions of the |
| 6 | | board of fire commissioners hereunder. The
term |
| 7 | | "administrative decision" is defined as in Section 3-101 of the |
| 8 | | Code
of Civil Procedure.
|
| 9 | | Nothing in this Section shall be construed to prevent the |
| 10 | | Chief of the
fire department from suspending without pay a |
| 11 | | member of his department for
a period of not more than 5 |
| 12 | | consecutive calendar days, but he shall
notify the board in |
| 13 | | writing of such suspension. Any fireman so suspended
may appeal |
| 14 | | to the board of fire commissioners for a review of the
|
| 15 | | suspension within 5 calendar days after such suspension. Upon |
| 16 | | such appeal,
the Chief of the department shall bear the burden |
| 17 | | of proof in establishing
the guilt of the officer or member by |
| 18 | | a preponderance of the evidence. The
board may sustain the |
| 19 | | action of the Chief of the department, may reduce the
|
| 20 | | suspension to a lesser penalty, or may reverse it with |
| 21 | | instructions that
the officer or member receive his pay and |
| 22 | | other benefits withheld for the
period involved, or may suspend |
| 23 | | the officer for an additional period of not
more than 30 days, |
| 24 | | or discharge him, depending upon the facts presented.
|
| 25 | | (Source: P.A. 94-135, eff. 7-7-05.)
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| 1 | | Section 25. The Emergency Medical Services (EMS) Systems |
| 2 | | Act is amended by changing Sections 3.5, 3.10, 3.15, 3.20, |
| 3 | | 3.25, 3.35, 3.40, 3.45, 3.50, 3.55, 3.65, 3.70, 3.75, 3.80, |
| 4 | | 3.125, 3.130, 3.140, 3.165, 3.170, 3.180, 3.200, 3.205, and |
| 5 | | 3.210 as follows:
|
| 6 | | (210 ILCS 50/3.5)
|
| 7 | | Sec. 3.5. Definitions. As used in this Act:
|
| 8 | | "Department" means the Illinois Department of Public |
| 9 | | Health.
|
| 10 | | "Director" means the Director of the Illinois Department of |
| 11 | | Public Health.
|
| 12 | | "Emergency" means a medical condition of recent onset and |
| 13 | | severity that
would lead a prudent layperson, possessing an |
| 14 | | average knowledge of medicine and
health, to believe that |
| 15 | | urgent or unscheduled medical care is required.
|
| 16 | | "Emergency Medical Services personnel" or "EMS personnel" |
| 17 | | means persons licensed as an Emergency Medical Responder (EMR), |
| 18 | | Emergency Medical Dispatcher (EMD), Emergency Medical |
| 19 | | Technician (EMT), Emergency Medical Technician-Intermediate |
| 20 | | (EMT-I), Advanced Emergency Medical Technician (AEMT), |
| 21 | | Paramedic, Emergency Communications Registered Nurse (ECRN), |
| 22 | | or Pre-Hospital Registered Nurse (PHRN). |
| 23 | | "Health Care Facility" means a hospital,
nursing home, |
| 24 | | physician's office or other fixed location at which
medical and |
| 25 | | health care services are performed. It does not
include |
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| 1 | | "pre-hospital emergency care settings" which utilize EMS |
| 2 | | personnel EMTs to render
pre-hospital emergency care prior to |
| 3 | | the
arrival of a transport vehicle, as defined in this Act.
|
| 4 | | "Hospital" has the meaning ascribed to that
term in the |
| 5 | | Hospital Licensing Act.
|
| 6 | | "Trauma" means any significant injury which
involves |
| 7 | | single or multiple organ systems.
|
| 8 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
| 9 | | (210 ILCS 50/3.10)
|
| 10 | | Sec. 3.10. Scope of Services.
|
| 11 | | (a) "Advanced Life Support (ALS) Services" means
an |
| 12 | | advanced level of pre-hospital and inter-hospital emergency
|
| 13 | | care and non-emergency medical services that includes basic |
| 14 | | life
support care, cardiac monitoring, cardiac defibrillation,
|
| 15 | | electrocardiography, intravenous therapy, administration of
|
| 16 | | medications, drugs and solutions, use of adjunctive medical
|
| 17 | | devices, trauma care, and other authorized techniques and
|
| 18 | | procedures, as outlined in the provisions of the National EMS |
| 19 | | Education Standards relating to Advanced Life Support national |
| 20 | | curriculum of the United States Department of
Transportation |
| 21 | | and any modifications to that curriculum
specified in rules |
| 22 | | adopted by the Department pursuant to
this Act.
|
| 23 | | That care shall be initiated as authorized by the EMS
|
| 24 | | Medical Director in a Department approved advanced life
support |
| 25 | | EMS System, under the written or verbal direction of
a |
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| 1 | | physician licensed to practice medicine in all of its
branches |
| 2 | | or under the verbal direction of an Emergency
Communications |
| 3 | | Registered Nurse.
|
| 4 | | (b) "Intermediate Life Support (ILS) Services"
means an |
| 5 | | intermediate level of pre-hospital and inter-hospital
|
| 6 | | emergency care and non-emergency medical services that |
| 7 | | includes
basic life support care plus intravenous cannulation |
| 8 | | and
fluid therapy, invasive airway management, trauma care, and
|
| 9 | | other authorized techniques and procedures, as outlined in
the |
| 10 | | provisions of the National EMS Education Standards relating to |
| 11 | | Intermediate Life Support national curriculum of the
United |
| 12 | | States Department of Transportation and any
modifications to |
| 13 | | that curriculum specified in rules adopted
by the Department |
| 14 | | pursuant to this Act.
|
| 15 | | That care shall be initiated as authorized by the EMS
|
| 16 | | Medical Director in a Department approved intermediate or
|
| 17 | | advanced life support EMS System, under the written or
verbal |
| 18 | | direction of a physician licensed to practice
medicine in all |
| 19 | | of its branches or under the verbal
direction of an Emergency |
| 20 | | Communications Registered Nurse.
|
| 21 | | (c) "Basic Life Support (BLS) Services" means a
basic level |
| 22 | | of pre-hospital and inter-hospital emergency care and
|
| 23 | | non-emergency medical services that includes airway |
| 24 | | management,
cardiopulmonary resuscitation (CPR), control of |
| 25 | | shock and
bleeding and splinting of fractures, as outlined in |
| 26 | | the provisions of the National EMS Education Standards relating |
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| 1 | | to Basic Life Support national curriculum of the United States
|
| 2 | | Department of Transportation and any modifications to that
|
| 3 | | curriculum specified in rules adopted by the Department
|
| 4 | | pursuant to this Act.
|
| 5 | | That care shall be initiated, where authorized by the
EMS |
| 6 | | Medical Director in a Department approved EMS System,
under the |
| 7 | | written or verbal direction of a physician
licensed to practice |
| 8 | | medicine in all of its branches or
under the verbal direction |
| 9 | | of an Emergency Communications
Registered Nurse.
|
| 10 | | (d) "Emergency Medical Responder First Response Services" |
| 11 | | means a preliminary
level of pre-hospital emergency care that |
| 12 | | includes
cardiopulmonary resuscitation (CPR), monitoring vital |
| 13 | | signs
and control of bleeding, as outlined in the Emergency |
| 14 | | Medical Responder (EMR) curriculum of the National EMS |
| 15 | | Education Standards First Responder
curriculum of the United |
| 16 | | States Department of Transportation
and any modifications to |
| 17 | | that curriculum specified in rules
adopted by the Department |
| 18 | | pursuant to this Act.
|
| 19 | | (e) "Pre-hospital care" means those emergency
medical |
| 20 | | services rendered to emergency patients for analytic,
|
| 21 | | resuscitative, stabilizing, or preventive purposes,
precedent |
| 22 | | to and during transportation of such patients to
hospitals.
|
| 23 | | (f) "Inter-hospital care" means those emergency
medical |
| 24 | | services rendered to emergency patients for
analytic, |
| 25 | | resuscitative, stabilizing, or preventive
purposes, during |
| 26 | | transportation of such patients from one
hospital to another |
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| 1 | | hospital.
|
| 2 | | (f-5) "Critical care transport" means the pre-hospital or |
| 3 | | inter-hospital transportation of a critically injured or ill |
| 4 | | patient by a vehicle service provider, including the provision |
| 5 | | of medically necessary supplies and services, at a level of |
| 6 | | service beyond the scope of the Paramedic EMT-paramedic. When |
| 7 | | medically indicated for a patient, as determined by a physician |
| 8 | | licensed to practice medicine in all of its branches, an |
| 9 | | advanced practice nurse, or a physician's assistant, in |
| 10 | | compliance with subsections (b) and (c) of Section 3.155 of |
| 11 | | this Act, critical care transport may be provided by: |
| 12 | | (1) Department-approved critical care transport |
| 13 | | providers, not owned or operated by a hospital, utilizing |
| 14 | | Paramedics EMT-paramedics with additional training, |
| 15 | | nurses, or other qualified health professionals; or |
| 16 | | (2) Hospitals, when utilizing any vehicle service |
| 17 | | provider or any hospital-owned or operated vehicle service |
| 18 | | provider. Nothing in Public Act 96-1469 this amendatory Act |
| 19 | | of the 96th General Assembly requires a hospital to use, or |
| 20 | | to be, a Department-approved critical care transport |
| 21 | | provider when transporting patients, including those |
| 22 | | critically injured or ill. Nothing in this Act shall |
| 23 | | restrict or prohibit a hospital from providing, or |
| 24 | | arranging for, the medically appropriate transport of any |
| 25 | | patient, as determined by a physician licensed to practice |
| 26 | | in all of its branches, an advanced practice nurse, or a |
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| 1 | | physician's assistant. |
| 2 | | (g) "Non-emergency medical services" means medical care or |
| 3 | | monitoring rendered to
patients whose conditions do not meet |
| 4 | | this Act's definition of emergency, before or
during |
| 5 | | transportation of such patients to or from health care |
| 6 | | facilities visited for the
purpose of obtaining medical or |
| 7 | | health care services which are not emergency in
nature, using a |
| 8 | | vehicle regulated by this Act.
|
| 9 | | (g-5) The Department shall have the authority to promulgate |
| 10 | | minimum standards for critical care transport providers |
| 11 | | through rules adopted pursuant to this Act. All critical care |
| 12 | | transport providers must function within a Department-approved |
| 13 | | EMS System. Nothing in Department rules shall restrict a |
| 14 | | hospital's ability to furnish personnel, equipment, and |
| 15 | | medical supplies to any vehicle service provider, including a |
| 16 | | critical care transport provider. Minimum critical care |
| 17 | | transport provider standards shall include, but are not limited |
| 18 | | to: |
| 19 | | (1) Personnel staffing and licensure. |
| 20 | | (2) Education, certification, and experience. |
| 21 | | (3) Medical equipment and supplies. |
| 22 | | (4) Vehicular standards. |
| 23 | | (5) Treatment and transport protocols. |
| 24 | | (6) Quality assurance and data collection. |
| 25 | | (h)
The provisions of this Act shall not apply to
the use |
| 26 | | of an ambulance or SEMSV, unless and until
emergency or |
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| 1 | | non-emergency medical services are needed
during the use of the |
| 2 | | ambulance or SEMSV.
|
| 3 | | (Source: P.A. 96-1469, eff. 1-1-11.)
|
| 4 | | (210 ILCS 50/3.15)
|
| 5 | | Sec. 3.15. Emergency Medical Services (EMS) Regions. The |
| 6 | | Beginning September 1, 1995, the Department shall
designate |
| 7 | | Emergency Medical Services (EMS) Regions within the
State, |
| 8 | | consisting of specific geographic areas encompassing
EMS |
| 9 | | Systems and trauma centers, in which emergency medical
|
| 10 | | services, trauma services, and non-emergency medical
services |
| 11 | | are coordinated under an EMS Region Plan.
|
| 12 | | In designating EMS Regions, the Department shall take
into |
| 13 | | consideration, but not be limited to, the location of
existing |
| 14 | | EMS Systems, Trauma Regions and trauma centers,
existing |
| 15 | | patterns of inter-System transports, population
locations and |
| 16 | | density, transportation modalities, and
geographical distance |
| 17 | | from available trauma and emergency
department care.
|
| 18 | | Use of the term Trauma Region to identify a specific
|
| 19 | | geographic area shall be discontinued upon designation of
areas |
| 20 | | as EMS Regions.
|
| 21 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
| 22 | | (210 ILCS 50/3.20)
|
| 23 | | Sec. 3.20. Emergency Medical Services (EMS) Systems. |
| 24 | | (a) "Emergency Medical Services (EMS) System" means an
|
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| 1 | | organization of hospitals, vehicle service providers and
|
| 2 | | personnel approved by the Department in a specific
geographic |
| 3 | | area, which coordinates and provides pre-hospital
and |
| 4 | | inter-hospital emergency care and non-emergency medical
|
| 5 | | transports at a BLS, ILS and/or ALS level pursuant to a
System |
| 6 | | program plan submitted to and approved by the
Department, and |
| 7 | | pursuant to the EMS Region Plan adopted for
the EMS Region in |
| 8 | | which the System is located. |
| 9 | | (b) One hospital in each System program plan must be
|
| 10 | | designated as the Resource Hospital. All other hospitals
which |
| 11 | | are located within the geographic boundaries of a
System and |
| 12 | | which have standby, basic or comprehensive level
emergency |
| 13 | | departments must function in that EMS System as
either an |
| 14 | | Associate Hospital or Participating Hospital and
follow all |
| 15 | | System policies specified in the System Program
Plan, including |
| 16 | | but not limited to the replacement of drugs
and equipment used |
| 17 | | by providers who have delivered patients
to their emergency |
| 18 | | departments. All hospitals and vehicle
service providers |
| 19 | | participating in an EMS System must
specify their level of |
| 20 | | participation in the System Program
Plan. |
| 21 | | (c) The Department shall have the authority and
|
| 22 | | responsibility to: |
| 23 | | (1) Approve BLS, ILS and ALS level EMS Systems which
|
| 24 | | meet minimum standards and criteria established in rules
|
| 25 | | adopted by the Department pursuant to this Act, including
|
| 26 | | the submission of a Program Plan for Department approval.
|
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| | SB3414 | - 81 - | LRB098 16189 RPS 55673 b |
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| 1 | | Beginning September 1, 1997, the Department shall approve
|
| 2 | | the development of a new EMS System only when a local or
|
| 3 | | regional need for establishing such System has been
|
| 4 | | verified by the Department. This shall not be construed as |
| 5 | | a needs assessment for health
planning or
other purposes |
| 6 | | outside of this Act.
Following Department approval, EMS |
| 7 | | Systems must
be fully operational within one year from the |
| 8 | | date of
approval. |
| 9 | | (2) Monitor EMS Systems, based on minimum standards for
|
| 10 | | continuing operation as prescribed in rules adopted by the
|
| 11 | | Department pursuant to this Act, which shall include
|
| 12 | | requirements for submitting Program Plan amendments to the
|
| 13 | | Department for approval. |
| 14 | | (3) Renew EMS System approvals every 4 years, after
an |
| 15 | | inspection, based on compliance with the standards for
|
| 16 | | continuing operation prescribed in rules adopted by the
|
| 17 | | Department pursuant to this Act. |
| 18 | | (4) Suspend, revoke, or refuse to renew approval of
any |
| 19 | | EMS System, after providing an opportunity for a
hearing, |
| 20 | | when findings show that it does not meet the
minimum |
| 21 | | standards for continuing operation as prescribed by
the |
| 22 | | Department, or is found to be in violation of its
|
| 23 | | previously approved Program Plan. |
| 24 | | (5) Require each EMS System to adopt written protocols
|
| 25 | | for the bypassing of or diversion to any hospital, trauma
|
| 26 | | center or regional trauma center, which provide that a |
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| | SB3414 | - 82 - | LRB098 16189 RPS 55673 b |
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| 1 | | person
shall not be transported to a facility other than |
| 2 | | the nearest
hospital, regional trauma center or trauma |
| 3 | | center unless the
medical benefits to the patient |
| 4 | | reasonably expected from the
provision of appropriate |
| 5 | | medical treatment at a more distant
facility outweigh the |
| 6 | | increased risks to the patient from
transport to the more |
| 7 | | distant facility, or the transport is in
accordance with |
| 8 | | the System's protocols for patient
choice or refusal. |
| 9 | | (6) Require that the EMS Medical Director of an ILS or
|
| 10 | | ALS level EMS System be a physician licensed to practice
|
| 11 | | medicine in all of its branches in Illinois, and certified |
| 12 | | by
the American Board of Emergency Medicine or the American |
| 13 | | Osteopathic Board
of Osteopathic Emergency Medicine, and |
| 14 | | that the EMS Medical
Director of a BLS level EMS System be |
| 15 | | a physician licensed to
practice medicine in all of its |
| 16 | | branches in Illinois, with
regular and frequent |
| 17 | | involvement in pre-hospital emergency
medical services. In |
| 18 | | addition, all EMS Medical Directors shall: |
| 19 | | (A) Have experience on an EMS vehicle at the
|
| 20 | | highest level available within the System, or make |
| 21 | | provision
to gain such experience within 12 months |
| 22 | | prior to the
date responsibility for the System is |
| 23 | | assumed or within 90
days after assuming the position; |
| 24 | | (B) Be thoroughly knowledgeable of all skills
|
| 25 | | included in the scope of practices of all levels of EMS
|
| 26 | | personnel within the System; |
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| | SB3414 | - 83 - | LRB098 16189 RPS 55673 b |
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|
| 1 | | (C) Have or make provision to gain experience
|
| 2 | | instructing students at a level similar to that of the |
| 3 | | levels
of EMS personnel within the System; and |
| 4 | | (D) For ILS and ALS EMS Medical Directors,
|
| 5 | | successfully complete a Department-approved EMS |
| 6 | | Medical
Director's Course. |
| 7 | | (7) Prescribe statewide EMS data elements to be
|
| 8 | | collected and documented by providers in all EMS Systems |
| 9 | | for
all emergency and non-emergency medical services, with |
| 10 | | a
one-year phase-in for commencing collection of such data
|
| 11 | | elements. |
| 12 | | (8) Define, through rules adopted pursuant to this Act,
|
| 13 | | the terms "Resource Hospital", "Associate Hospital",
|
| 14 | | "Participating Hospital", "Basic Emergency Department",
|
| 15 | | "Standby Emergency Department", "Comprehensive Emergency |
| 16 | | Department", "EMS
Medical Director", "EMS Administrative
|
| 17 | | Director", and "EMS System Coordinator". |
| 18 | | (A) (Blank). Upon the effective date of this |
| 19 | | amendatory Act of 1995,
all existing Project Medical |
| 20 | | Directors shall be considered EMS
Medical Directors, |
| 21 | | and all persons serving in such capacities
on the |
| 22 | | effective date of this amendatory Act of 1995 shall be |
| 23 | | exempt from
the requirements of paragraph (7) of this |
| 24 | | subsection; |
| 25 | | (B) (Blank). Upon the effective date of this |
| 26 | | amendatory Act of 1995, all
existing EMS System Project |
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| | SB3414 | - 84 - | LRB098 16189 RPS 55673 b |
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| 1 | | Directors shall be considered EMS
Administrative |
| 2 | | Directors. |
| 3 | | (9) Investigate the
circumstances that caused a |
| 4 | | hospital
in an EMS system
to go on
bypass status to |
| 5 | | determine whether that hospital's decision to go on bypass
|
| 6 | | status was reasonable. The Department may impose |
| 7 | | sanctions, as
set forth in Section 3.140 of the Act, upon a |
| 8 | | Department determination that the
hospital unreasonably
|
| 9 | | went on bypass status in violation of the Act. |
| 10 | | (10) Evaluate the capacity and performance of any |
| 11 | | freestanding emergency center established under Section |
| 12 | | 32.5 of this Act in meeting emergency medical service needs |
| 13 | | of the public, including compliance with applicable |
| 14 | | emergency medical standards and assurance of the |
| 15 | | availability of and immediate access to the highest quality |
| 16 | | of medical care possible.
|
| 17 | | (11) Permit limited EMS System participation by |
| 18 | | facilities operated by the United States Department of |
| 19 | | Veterans Affairs, Veterans Health Administration. Subject |
| 20 | | to patient preference, Illinois EMS providers may |
| 21 | | transport patients to Veterans Health Administration |
| 22 | | facilities that voluntarily participate in an EMS System. |
| 23 | | Any Veterans Health Administration facility seeking |
| 24 | | limited participation in an EMS System shall agree to |
| 25 | | comply with all Department administrative rules |
| 26 | | implementing this Section. The Department may promulgate |
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| | SB3414 | - 85 - | LRB098 16189 RPS 55673 b |
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| 1 | | rules, including, but not limited to, the types of Veterans |
| 2 | | Health Administration facilities that may participate in |
| 3 | | an EMS System and the limitations of participation. |
| 4 | | (Source: P.A. 96-1009, eff. 1-1-11; 96-1469, eff. 1-1-11; |
| 5 | | 97-333, eff. 8-12-11.)
|
| 6 | | (210 ILCS 50/3.25)
|
| 7 | | Sec. 3.25. EMS Region Plan; Development.
|
| 8 | | (a) Within 6 months after designation of an EMS
Region, an |
| 9 | | EMS Region Plan addressing at least the information
prescribed |
| 10 | | in Section 3.30 shall be submitted to the
Department for |
| 11 | | approval. The Plan shall be developed by the
Region's EMS |
| 12 | | Medical Directors Committee with advice from the
Regional EMS |
| 13 | | Advisory Committee; portions of the plan
concerning trauma |
| 14 | | shall be developed jointly with the Region's
Trauma Center |
| 15 | | Medical Directors or Trauma Center Medical
Directors |
| 16 | | Committee, whichever is applicable, with advice from
the |
| 17 | | Regional Trauma Advisory Committee, if such Advisory
Committee |
| 18 | | has been established in the Region. Portions of the Plan |
| 19 | | concerning stroke shall be developed jointly with the Regional |
| 20 | | Stroke Advisory Subcommittee.
|
| 21 | | (1) A Region's EMS Medical Directors
Committee shall be |
| 22 | | comprised of the Region's EMS Medical Directors,
along with |
| 23 | | the medical advisor to a fire department
vehicle service |
| 24 | | provider. For regions which include a municipal fire
|
| 25 | | department serving a population of over 2,000,000 people, |
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| 1 | | that fire
department's medical advisor shall serve on the |
| 2 | | Committee. For other regions,
the fire department vehicle |
| 3 | | service providers shall select which medical
advisor to |
| 4 | | serve on the Committee on an annual basis.
|
| 5 | | (2) A Region's Trauma Center Medical Directors
|
| 6 | | Committee shall be comprised of the Region's Trauma Center
|
| 7 | | Medical Directors.
|
| 8 | | (b) A Region's Trauma Center Medical Directors may
choose |
| 9 | | to participate in the development of the EMS Region
Plan |
| 10 | | through membership on the Regional EMS Advisory
Committee, |
| 11 | | rather than through a separate Trauma Center Medical Directors
|
| 12 | | Committee. If that option is selected,
the Region's Trauma |
| 13 | | Center Medical Director shall also
determine whether a separate |
| 14 | | Regional Trauma Advisory
Committee is necessary for the Region.
|
| 15 | | (c) In the event of disputes over content of the
Plan |
| 16 | | between the Region's EMS Medical Directors Committee and the
|
| 17 | | Region's Trauma Center Medical Directors or Trauma Center
|
| 18 | | Medical Directors Committee, whichever is applicable, the
|
| 19 | | Director of the Illinois Department of Public Health shall
|
| 20 | | intervene through a mechanism established by the Department
|
| 21 | | through rules adopted pursuant to this Act.
|
| 22 | | (d) "Regional EMS Advisory Committee" means a
committee |
| 23 | | formed within an Emergency Medical Services (EMS)
Region to |
| 24 | | advise the Region's EMS Medical Directors
Committee and to |
| 25 | | select the Region's representative to the
State Emergency |
| 26 | | Medical Services Advisory Council,
consisting of at least the |
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| | SB3414 | - 87 - | LRB098 16189 RPS 55673 b |
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| 1 | | members of the Region's EMS
Medical Directors Committee, the |
| 2 | | Chair of the Regional
Trauma Committee, the EMS System |
| 3 | | Coordinators from each
Resource Hospital within the Region, one |
| 4 | | administrative
representative from an Associate Hospital |
| 5 | | within the Region,
one administrative representative from a |
| 6 | | Participating
Hospital within the Region, one administrative
|
| 7 | | representative from the vehicle service provider which
|
| 8 | | responds to the highest number of calls for emergency service |
| 9 | | within
the Region, one administrative representative of a |
| 10 | | vehicle
service provider from each System within the Region, |
| 11 | | one individual from each level of license provided in Section |
| 12 | | 3.50 of this Act, one Pre-Hospital Registered Nurse
Emergency |
| 13 | | Medical Technician (EMT)/Pre-Hospital RN from each
level of |
| 14 | | EMT/Pre-Hospital RN practicing within the Region,
and one |
| 15 | | registered professional nurse currently practicing
in an |
| 16 | | emergency department within the Region.
Of the 2 administrative |
| 17 | | representatives of vehicle service providers, at
least one |
| 18 | | shall be an administrative representative of a private vehicle
|
| 19 | | service provider. The
Department's Regional EMS Coordinator |
| 20 | | for each Region shall
serve as a non-voting member of that |
| 21 | | Region's EMS Advisory
Committee.
|
| 22 | | Every 2 years, the members of the Region's EMS Medical
|
| 23 | | Directors Committee shall rotate serving as Committee Chair,
|
| 24 | | and select the Associate Hospital, Participating Hospital
and |
| 25 | | vehicle service providers which shall send
representatives to |
| 26 | | the Advisory Committee, and the
EMS personnel |
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| 1 | | EMTs/Pre-Hospital RN and nurse who shall serve on the
Advisory |
| 2 | | Committee.
|
| 3 | | (e) "Regional Trauma Advisory Committee" means a
committee |
| 4 | | formed within an Emergency Medical Services (EMS)
Region, to |
| 5 | | advise the Region's Trauma Center Medical
Directors Committee, |
| 6 | | consisting of at least the Trauma
Center Medical Directors and |
| 7 | | Trauma Coordinators from each
Trauma Center within the Region, |
| 8 | | one EMS Medical Director
from a resource hospital within the |
| 9 | | Region, one EMS System
Coordinator from another resource |
| 10 | | hospital within the
Region, one representative each from a |
| 11 | | public and private
vehicle service provider which transports |
| 12 | | trauma patients
within the Region, an administrative |
| 13 | | representative from
each trauma center within the Region, one |
| 14 | | EMR, EMD, EMT, EMT-I, AEMT, Paramedic, ECRN, or PHRN EMT |
| 15 | | representing
the highest level of EMS personnel EMT practicing |
| 16 | | within the Region, one
emergency physician and one Trauma Nurse |
| 17 | | Specialist (TNS)
currently practicing in a trauma center. The |
| 18 | | Department's
Regional EMS Coordinator for each Region shall |
| 19 | | serve as a
non-voting member of that Region's Trauma Advisory
|
| 20 | | Committee.
|
| 21 | | Every 2 years, the members of the Trauma Center Medical
|
| 22 | | Directors Committee shall rotate serving as Committee Chair,
|
| 23 | | and select the vehicle service providers, EMS personnel EMT, |
| 24 | | emergency
physician, EMS System Coordinator and TNS who shall |
| 25 | | serve on
the Advisory Committee.
|
| 26 | | (Source: P.A. 96-514, eff. 1-1-10.)
|
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| | SB3414 | - 89 - | LRB098 16189 RPS 55673 b |
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|
| 1 | | (210 ILCS 50/3.35)
|
| 2 | | Sec. 3.35.
Emergency Medical Services (EMS) Resource
|
| 3 | | Hospital; Functions.
The Resource Hospital of an EMS System |
| 4 | | shall:
|
| 5 | | (a) Prepare a Program Plan in accordance with the
|
| 6 | | provisions of this Act and minimum standards and criteria
|
| 7 | | established in rules adopted by the Department pursuant to
this |
| 8 | | Act, and submit such Program Plan to the Department for
|
| 9 | | approval.
|
| 10 | | (b) Appoint an EMS Medical Director, who will
continually |
| 11 | | monitor and supervise the System and who will
have the |
| 12 | | responsibility and authority for total management
of the System |
| 13 | | as delegated by the EMS Resource Hospital.
|
| 14 | | The Program Plan shall require the EMS Medical Director to
|
| 15 | | appoint an alternate EMS Medical Director and establish a
|
| 16 | | written protocol addressing the functions to be carried out
in |
| 17 | | his or her absence.
|
| 18 | | (c) Appoint an EMS System Coordinator and EMS
|
| 19 | | Administrative Director in consultation with the EMS Medical
|
| 20 | | Director and in accordance with rules adopted by the Department
|
| 21 | | pursuant to this Act.
|
| 22 | | (d) Identify potential EMS System participants and
obtain |
| 23 | | commitments from them for the provision of services.
|
| 24 | | (e) Educate or coordinate the education of EMS personnel |
| 25 | | and all other license holders EMT
personnel in accordance with |
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| | SB3414 | - 90 - | LRB098 16189 RPS 55673 b |
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| 1 | | the requirements of this Act,
rules adopted by the Department |
| 2 | | pursuant to this Act, and
the EMS System Program Plan.
|
| 3 | | (f) Notify the Department of EMS personnel EMT provider |
| 4 | | personnel
who have successfully completed the requirements as |
| 5 | | provided by law for initial licensure, license renewal, and |
| 6 | | license reinstatement
testing and relicensure by the |
| 7 | | Department, except that an
ILS or ALS level System may require |
| 8 | | its EMT-B personnel to
apply directly to the Department for |
| 9 | | determination of
successful completion of relicensure |
| 10 | | requirements.
|
| 11 | | (g) Educate or coordinate the education of Emergency
|
| 12 | | Medical Dispatcher candidates, in accordance with the
|
| 13 | | requirements of this Act, rules adopted by the Department
|
| 14 | | pursuant to this Act, and the EMS System Program Plan.
|
| 15 | | (h) Establish or approve protocols for prearrival
medical |
| 16 | | instructions to callers by System Emergency Medical
|
| 17 | | Dispatchers who provide such instructions.
|
| 18 | | (i) Educate or coordinate the education of
Pre-Hospital |
| 19 | | Registered Nurse RN and ECRN candidates, in accordance with the |
| 20 | | requirements of
this Act, rules adopted by the Department
|
| 21 | | pursuant to this Act, and the EMS System Program Plan.
|
| 22 | | (j) Approve Pre-Hospital Registered Nurse RN and ECRN |
| 23 | | candidates to
practice within the System, and reapprove |
| 24 | | Pre-Hospital Registered Nurses RNs
and ECRNs every 4 years in |
| 25 | | accordance with the
requirements of the Department and the |
| 26 | | System Program Plan.
|
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| | SB3414 | - 91 - | LRB098 16189 RPS 55673 b |
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| 1 | | (k) Establish protocols for the use of Pre-Hospital |
| 2 | | Registered Nurses
RNs within the System.
|
| 3 | | (l) Establish protocols for utilizing ECRNs and
physicians |
| 4 | | licensed to practice medicine in all of its
branches to monitor |
| 5 | | telecommunications from, and give voice
orders to, EMS |
| 6 | | personnel, under the authority of the EMS
Medical Director.
|
| 7 | | (m) Monitor emergency and non-emergency medical
transports |
| 8 | | within the System, in accordance with rules
adopted by the |
| 9 | | Department pursuant to this Act.
|
| 10 | | (n) Utilize levels of personnel required by the
Department |
| 11 | | to provide emergency care to the sick and injured
at the scene |
| 12 | | of an emergency, during transport to a hospital
or during |
| 13 | | inter-hospital transport and within the hospital
emergency |
| 14 | | department until the responsibility for the care
of the patient |
| 15 | | is assumed by the medical personnel of a
hospital emergency |
| 16 | | department or other facility within the
hospital to which the |
| 17 | | patient is first delivered by System
personnel.
|
| 18 | | (o) Utilize levels of personnel required by the
Department |
| 19 | | to provide non-emergency medical services during
transport to a |
| 20 | | health care facility and within the health
care facility until |
| 21 | | the responsibility for the care of the
patient is assumed by |
| 22 | | the medical personnel of the health
care facility to which the |
| 23 | | patient is delivered by System
personnel.
|
| 24 | | (p) Establish and implement a program for System
|
| 25 | | participant information and education, in accordance with
|
| 26 | | rules adopted by the Department pursuant to this Act.
|
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| | SB3414 | - 92 - | LRB098 16189 RPS 55673 b |
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| 1 | | (q) Establish and implement a program for public
|
| 2 | | information and education, in accordance with rules adopted
by |
| 3 | | the Department pursuant to this Act.
|
| 4 | | (r) Operate in compliance with the EMS Region Plan.
|
| 5 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
| 6 | | (210 ILCS 50/3.40)
|
| 7 | | Sec. 3.40. EMS System Participation Suspensions and
Due |
| 8 | | Process. |
| 9 | | (a) An EMS Medical Director may suspend from
participation |
| 10 | | within the System any EMS personnel, EMS Lead Instructor (LI), |
| 11 | | individual, individual
provider or other participant |
| 12 | | considered not to be meeting
the requirements of the Program |
| 13 | | Plan of that approved EMS
System.
|
| 14 | | (b) Prior to suspending any individual or entity an EMT or |
| 15 | | other provider, an EMS Medical Director
shall provide an the |
| 16 | | EMT or provider with the opportunity for a hearing before the
|
| 17 | | local System review board in accordance with subsection (f) and |
| 18 | | the rules
promulgated by the Department.
|
| 19 | | (1) If the local System review board affirms or |
| 20 | | modifies the EMS Medical
Director's suspension order, the |
| 21 | | individual or entity EMT or provider shall have the |
| 22 | | opportunity for
a review of the local board's decision by |
| 23 | | the State EMS Disciplinary Review
Board, pursuant to |
| 24 | | Section 3.45 of this Act.
|
| 25 | | (2) If the local System review board reverses or |
|
| | SB3414 | - 93 - | LRB098 16189 RPS 55673 b |
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|
|
| 1 | | modifies the EMS Medical
Director's suspension order, the |
| 2 | | EMS Medical Director shall have the
opportunity for a |
| 3 | | review of the local board's decision by the State EMS
|
| 4 | | Disciplinary Review Board, pursuant to Section 3.45 of this |
| 5 | | Act.
|
| 6 | | (3) The suspension shall commence only upon the |
| 7 | | occurrence of one of the
following:
|
| 8 | | (A) the individual or entity EMT or provider has |
| 9 | | waived the opportunity for a hearing before
the local |
| 10 | | System review board; or
|
| 11 | | (B) the suspension order has been affirmed or |
| 12 | | modified by the local system review
board
and the |
| 13 | | individual or entity EMT or provider has waived the |
| 14 | | opportunity for review by the State
Board; or
|
| 15 | | (C) the suspension order has been affirmed or |
| 16 | | modified by the local system review
board,
and the |
| 17 | | local board's decision has been affirmed or modified by |
| 18 | | the State
Board.
|
| 19 | | (c) An EMS Medical Director may immediately suspend an EMR, |
| 20 | | EMD, EMT, EMT-I, AEMT, Paramedic, ECRN, PHRN, LI, or other |
| 21 | | individual or entity EMT or other
provider if he or she finds |
| 22 | | that the information in his or her possession
indicates that |
| 23 | | the
continuation in practice by the individual or entity an EMT |
| 24 | | or other provider would constitute an
imminent danger to the |
| 25 | | public. The suspended individual or entity EMT or other |
| 26 | | provider shall be
issued an immediate verbal notification |
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| | SB3414 | - 94 - | LRB098 16189 RPS 55673 b |
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|
| 1 | | followed by a written suspension order
to the EMT or other |
| 2 | | provider by the EMS Medical Director which states the
length, |
| 3 | | terms and basis for the suspension.
|
| 4 | | (1) Within 24 hours following the commencement of the |
| 5 | | suspension, the EMS
Medical Director shall deliver to the |
| 6 | | Department, by messenger, or telefax, or other |
| 7 | | Department-approved electronic communication, a
copy of |
| 8 | | the suspension order and copies of any written materials |
| 9 | | which relate
to the EMS Medical Director's decision to |
| 10 | | suspend the individual or entity EMT or provider. All |
| 11 | | medical and patient-specific information, including |
| 12 | | Department findings with respect to the quality of care |
| 13 | | rendered, shall be strictly confidential pursuant to the |
| 14 | | Medical Studies Act.
|
| 15 | | (2) Within 24 hours following the commencement of the |
| 16 | | suspension, the
suspended individual or entity EMT or |
| 17 | | provider may deliver to the Department, by messenger, or
|
| 18 | | telefax, or other Department-approved electronic |
| 19 | | communication, a written response to the suspension order |
| 20 | | and copies of any written
materials which the individual or |
| 21 | | entity EMT or provider feels are appropriate relate to that |
| 22 | | response. All medical and patient-specific information, |
| 23 | | including Department findings with respect to the quality |
| 24 | | of care rendered, shall be strictly confidential pursuant |
| 25 | | to the Medical Studies Act.
|
| 26 | | (3) Within 24 hours following receipt of the EMS |
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| | SB3414 | - 95 - | LRB098 16189 RPS 55673 b |
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|
| 1 | | Medical Director's
suspension order or the individual or |
| 2 | | entity's EMT or provider's written response, whichever is |
| 3 | | later,
the Director or the Director's designee shall |
| 4 | | determine whether the suspension
should be stayed pending |
| 5 | | an the EMT's or provider's opportunity for a hearing or
|
| 6 | | review in accordance with this Act, or whether the |
| 7 | | suspension should continue
during the course of that |
| 8 | | hearing or review. The Director or the Director's
designee |
| 9 | | shall issue this determination to the EMS Medical Director, |
| 10 | | who shall
immediately notify the suspended individual or |
| 11 | | entity EMT or provider. The suspension shall remain
in |
| 12 | | effect during this period of review by the Director or the |
| 13 | | Director's
designee.
|
| 14 | | (d) Upon issuance of a suspension order for reasons |
| 15 | | directly related to
medical care, the EMS Medical Director |
| 16 | | shall also provide the individual or entity EMT or provider
|
| 17 | | with the opportunity for a hearing before the local System |
| 18 | | review board, in
accordance with subsection (f) and the rules |
| 19 | | promulgated by the Department.
|
| 20 | | (1) If the local System review board affirms or |
| 21 | | modifies the EMS Medical
Director's suspension order, the |
| 22 | | individual or entity EMT or provider shall have the |
| 23 | | opportunity for
a review of the local board's decision by |
| 24 | | the State EMS Disciplinary Review
Board, pursuant to |
| 25 | | Section 3.45 of this Act.
|
| 26 | | (2) If the local System review board reverses or |
|
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| 1 | | modifies the EMS Medical
Director's suspension order, the |
| 2 | | EMS Medical Director shall have the
opportunity for a |
| 3 | | review of the local board's decision by the State EMS
|
| 4 | | Disciplinary Review Board, pursuant to Section 3.45 of this |
| 5 | | Act.
|
| 6 | | (3) The suspended individual or entity EMT or provider |
| 7 | | may elect to bypass the local System review board
and seek |
| 8 | | direct review of the EMS Medical Director's suspension |
| 9 | | order by the
State EMS Disciplinary Review Board.
|
| 10 | | (e) The Resource Hospital shall designate a local System |
| 11 | | review board in
accordance with the rules of the Department, |
| 12 | | for the purpose of providing a
hearing to any individual or |
| 13 | | entity individual provider participating within the
System who |
| 14 | | is suspended from participation by the EMS Medical Director. |
| 15 | | The
EMS Medical Director shall arrange for a certified |
| 16 | | shorthand reporter to make a
stenographic record of that |
| 17 | | hearing and thereafter prepare a transcript of the
proceedings. |
| 18 | | The transcript, all documents or materials received as evidence
|
| 19 | | during the hearing and the local System review board's written |
| 20 | | decision shall
be retained in the custody of the EMS system. |
| 21 | | The System shall implement a
decision of the local System |
| 22 | | review board unless that decision has been
appealed to the |
| 23 | | State Emergency Medical Services Disciplinary Review Board in
|
| 24 | | accordance with this Act and the rules of the Department.
|
| 25 | | (f) The Resource Hospital shall implement a decision of the |
| 26 | | State Emergency
Medical Services Disciplinary Review Board |
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| 1 | | which has been rendered in
accordance with this Act and the |
| 2 | | rules of the Department.
|
| 3 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
| 4 | | (210 ILCS 50/3.45)
|
| 5 | | Sec. 3.45. State Emergency Medical Services Disciplinary
|
| 6 | | Review Board. |
| 7 | | (a) The Governor shall appoint a State Emergency
Medical |
| 8 | | Services Disciplinary Review Board, composed of an
EMS Medical |
| 9 | | Director, an EMS System Coordinator, a Paramedic an
Emergency |
| 10 | | Medical Technician-Paramedic (EMT-P), an Emergency
Medical |
| 11 | | Technician (EMT) Technician-Basic (EMT-B), and the following |
| 12 | | members,
who shall only review cases in which a party is from |
| 13 | | the
same professional category: a Pre-Hospital Registered |
| 14 | | Nurse RN, an ECRN, a
Trauma Nurse Specialist, an Emergency |
| 15 | | Medical
Technician-Intermediate (EMT-I), an Advanced Emergency |
| 16 | | Medical Technician (AEMT), a representative from a
private |
| 17 | | vehicle service provider, a representative from a
public |
| 18 | | vehicle service provider, and an emergency physician
who |
| 19 | | monitors telecommunications from and gives voice orders
to EMS |
| 20 | | personnel. The Governor shall also appoint one
alternate for |
| 21 | | each member of the Board, from the same
professional category |
| 22 | | as the member of the Board.
|
| 23 | | (b) The Of the members first appointed, 2 members shall
be |
| 24 | | appointed for a term of one year, 2 members shall be
appointed |
| 25 | | for a term of 2 years and the remaining members
shall be |
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| 1 | | appointed for a term of 3 years. The terms of
subsequent |
| 2 | | appointments shall be 3 years. All appointees
shall serve until |
| 3 | | their successors are appointed. The
alternate members shall be |
| 4 | | appointed and serve in the same
fashion as the members of the |
| 5 | | Board. If a member resigns
his or her appointment, the |
| 6 | | corresponding alternate shall serve the
remainder of that |
| 7 | | member's term until a subsequent member is
appointed by the |
| 8 | | Governor.
|
| 9 | | (c) The function of the Board is to review and affirm,
|
| 10 | | reverse or modify disciplinary orders to suspend an EMT or |
| 11 | | other
individual provider from participating within an EMS |
| 12 | | System.
|
| 13 | | (d) Any An individual or entity, individual provider or |
| 14 | | other
participant who received an immediate suspension from an |
| 15 | | EMS
Medical Director may request the Board to reverse or modify
|
| 16 | | the suspension order. If the suspension had been affirmed
or |
| 17 | | modified by a local System review board, the suspended |
| 18 | | individual or entity
participant may request the Board to |
| 19 | | reverse or modify the
local board's decision.
|
| 20 | | (e) Any An individual or entity , individual provider or |
| 21 | | other
participant who received a non-immediate suspension |
| 22 | | order
from an EMS Medical Director which was affirmed or |
| 23 | | modified
by a local System review board may request the Board |
| 24 | | to
reverse or modify the local board's decision.
|
| 25 | | (f) An EMS Medical Director whose suspension order
was |
| 26 | | reversed or modified by a local System review board may
request |
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| 1 | | the Board to reverse or modify the local board's
decision.
|
| 2 | | (g) The Board shall regularly meet on the first
Tuesday of |
| 3 | | every month, unless no requests for review have
been submitted. |
| 4 | | Additional meetings of the Board shall be
scheduled as |
| 5 | | necessary to ensure insure that a request for direct
review of |
| 6 | | an immediate suspension order is scheduled within
14 days after |
| 7 | | the Department receives the request for review
or as soon |
| 8 | | thereafter as a quorum is available. The Board
shall meet in |
| 9 | | Springfield or Chicago, whichever location is
closer to the |
| 10 | | majority of the members or alternates
attending the meeting. |
| 11 | | The Department shall reimburse the
members and alternates of |
| 12 | | the Board for reasonable travel
expenses incurred in attending |
| 13 | | meetings of the Board.
|
| 14 | | (h) A request for review shall be submitted in
writing to |
| 15 | | the Chief of the Department's Division of Emergency
Medical |
| 16 | | Services and Highway Safety, within 10 days after
receiving the |
| 17 | | local board's decision or the EMS Medical
Director's suspension |
| 18 | | order, whichever is applicable, a copy
of which shall be |
| 19 | | enclosed.
|
| 20 | | (i) At its regularly scheduled meetings, the Board
shall |
| 21 | | review requests which have been received by the
Department at |
| 22 | | least 10 working days prior to the Board's
meeting date. |
| 23 | | Requests for review which are received less
than 10 working |
| 24 | | days prior to a scheduled meeting shall be
considered at the |
| 25 | | Board's next scheduled meeting, except
that requests for direct |
| 26 | | review of an immediate suspension
order may be scheduled up to |
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| 1 | | 3 working days prior to the
Board's meeting date.
|
| 2 | | (j) A quorum shall be required for the Board to
meet, which |
| 3 | | shall consist of 3 members or alternates, including
the EMS |
| 4 | | Medical Director or alternate and the member or
alternate from |
| 5 | | the same professional category as the subject
of the suspension |
| 6 | | order. At each meeting of the Board, the
members or alternates |
| 7 | | present shall select a Chairperson to
conduct the meeting.
|
| 8 | | (k) Deliberations for decisions of the State EMS
|
| 9 | | Disciplinary Review
Board shall be conducted in closed session. |
| 10 | | Department
staff may attend for the purpose of providing |
| 11 | | clerical
assistance, but no other persons may be in attendance |
| 12 | | except
for the parties to the dispute being reviewed by the |
| 13 | | Board
and their attorneys, unless by request of the Board.
|
| 14 | | (l) The Board shall review the transcript,
evidence and |
| 15 | | written decision of the local review board or the
written |
| 16 | | decision and supporting documentation of the EMS
Medical |
| 17 | | Director, whichever is applicable, along with any
additional |
| 18 | | written or verbal testimony or argument offered
by the parties |
| 19 | | to the dispute.
|
| 20 | | (m) At the conclusion of its review, the Board
shall issue |
| 21 | | its decision and the basis for its decision on a form
provided |
| 22 | | by the Department, and shall submit to the
Department its |
| 23 | | written decision together with the record of
the local System |
| 24 | | review board. The Department shall
promptly issue a copy of the |
| 25 | | Board's decision to all
affected parties. The Board's decision |
| 26 | | shall be binding on
all parties.
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| 1 | | (Source: P.A. 89-177, eff. 7-19-95; 90-144, eff. 7-23-97.)
|
| 2 | | (210 ILCS 50/3.50)
|
| 3 | | Sec. 3.50. Emergency Medical Services personnel licensure |
| 4 | | levels Technician (EMT) Licensure.
|
| 5 | | (a) "Emergency Medical Technician Technician-Basic" or
|
| 6 | | "EMT EMT-B" means a person who has successfully completed a |
| 7 | | course of
instruction in basic life support
as prescribed by |
| 8 | | the
Department, is currently licensed by the Department in
|
| 9 | | accordance with standards prescribed by this Act and rules
|
| 10 | | adopted by the Department pursuant to this Act, and practices |
| 11 | | within an EMS
System.
|
| 12 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" |
| 13 | | means a person who has successfully completed a
course of |
| 14 | | instruction in intermediate life support
as approved
|
| 15 | | prescribed by the Department, is currently licensed by the
|
| 16 | | Department in accordance with standards prescribed by this
Act |
| 17 | | and rules adopted by the Department pursuant to this
Act, and |
| 18 | | practices within an Intermediate or Advanced
Life Support EMS |
| 19 | | System.
|
| 20 | | (b-5) "Advanced Emergency Medical Technician" or "AEMT" |
| 21 | | means a person who has successfully completed a course in basic |
| 22 | | and limited advanced emergency medical care as approved by the |
| 23 | | Department, is currently licensed by the Department in |
| 24 | | accordance with standards prescribed by this Act and rules |
| 25 | | adopted by the Department pursuant to this Act, and practices |
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| 1 | | within an Intermediate or Advanced Life Support EMS System. |
| 2 | | (c) "Paramedic Emergency Medical Technician-Paramedic" or |
| 3 | | "EMT-P" means a person who
has successfully completed a
course |
| 4 | | of instruction in advanced life support care
as approved
|
| 5 | | prescribed by the Department, is licensed by the Department
in |
| 6 | | accordance with standards prescribed by this Act and
rules |
| 7 | | adopted by the Department pursuant to this Act, and
practices |
| 8 | | within an Advanced Life Support EMS System.
|
| 9 | | (c-5) "Emergency Medical Responder" or "EMR" means a person |
| 10 | | who has successfully completed a course in emergency medical |
| 11 | | response as approved by the Department and provides emergency |
| 12 | | medical response services prior to the arrival of an ambulance |
| 13 | | or specialized emergency medical services vehicle, in |
| 14 | | accordance with the level of care established by the National |
| 15 | | EMS Educational Standards Emergency Medical Responder course |
| 16 | | as modified by the Department. An Emergency Medical Responder |
| 17 | | who provides services as part of an EMS System response plan |
| 18 | | shall comply with the applicable sections of the Program Plan, |
| 19 | | as approved by the Department, of that EMS System. The |
| 20 | | Department shall have the authority to adopt rules governing |
| 21 | | the curriculum, practice, and necessary equipment applicable |
| 22 | | to Emergency Medical Responders. |
| 23 | | On the effective date of this amendatory Act of the 98th |
| 24 | | General Assembly, a person who is licensed by the Department as |
| 25 | | a First Responder and has completed a Department-approved |
| 26 | | course in first responder defibrillator training based on, or |
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| 1 | | equivalent to, the National EMS Educational Standards or other |
| 2 | | standards previously recognized by the Department shall be |
| 3 | | eligible for licensure as an Emergency Medical Responder upon |
| 4 | | meeting the licensure requirements and submitting an |
| 5 | | application to the Department. |
| 6 | | (c-10) All EMS Systems and licensees shall be fully |
| 7 | | compliant with the National EMS Education Standards, as |
| 8 | | modified by the Department in administrative rules, within 24 |
| 9 | | months after the effective date of this amendatory Act of the |
| 10 | | 98th General Assembly. |
| 11 | | (d) The Department shall have the authority and
|
| 12 | | responsibility to:
|
| 13 | | (1) Prescribe education and training requirements, |
| 14 | | which
includes training in the use of epinephrine,
for all |
| 15 | | levels of EMS personnel except for EMRs EMT, based on the |
| 16 | | National EMS Educational Standards respective national
|
| 17 | | curricula of the United States Department of |
| 18 | | Transportation
and any modifications to those such |
| 19 | | curricula specified by the
Department through rules |
| 20 | | adopted pursuant to this Act.
|
| 21 | | (2) Prescribe licensure testing requirements
for all |
| 22 | | levels of EMS personnel EMT, which shall include a |
| 23 | | requirement that
all phases of instruction, training, and |
| 24 | | field experience be
completed before taking the |
| 25 | | appropriate EMT licensure examination.
Candidates may |
| 26 | | elect to take the appropriate National Registry of
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| 1 | | Emergency Medical Technicians examination in lieu of the
|
| 2 | | Department's examination, but are responsible for making
|
| 3 | | their own arrangements for taking the National Registry
|
| 4 | | examination. In prescribing licensure testing requirements |
| 5 | | for honorably discharged members of the armed forces of the |
| 6 | | United States under this paragraph (2), the Department |
| 7 | | shall ensure that a candidate's military emergency medical |
| 8 | | training, emergency medical curriculum completed, and |
| 9 | | clinical experience, as described in paragraph (2.5), are |
| 10 | | recognized.
|
| 11 | | (2.5) Review applications for EMS personnel EMT |
| 12 | | licensure from
honorably discharged members of the armed |
| 13 | | forces of the United States with military emergency medical |
| 14 | | training. Applications shall be filed with the Department |
| 15 | | within one year after military discharge and shall contain: |
| 16 | | (i) proof of successful completion of military emergency |
| 17 | | medical training; (ii) a detailed description of the |
| 18 | | emergency medical curriculum completed; and (iii) a |
| 19 | | detailed description of the applicant's clinical |
| 20 | | experience. The Department may request additional and |
| 21 | | clarifying information. The Department shall evaluate the |
| 22 | | application, including the applicant's training and |
| 23 | | experience, consistent with the standards set forth under |
| 24 | | subsections (a), (b), (c), and (d) of Section 3.10. If the |
| 25 | | application clearly demonstrates that the training and |
| 26 | | experience meets such standards, the Department shall |
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| 1 | | offer the applicant the opportunity to successfully |
| 2 | | complete a Department-approved EMS personnel EMT |
| 3 | | examination for the class of license for which the |
| 4 | | applicant is qualified. Upon passage of an examination, the |
| 5 | | Department shall issue a license, which shall be subject to |
| 6 | | all provisions of this Act that are otherwise applicable to |
| 7 | | the class of EMS personnel EMT
license issued.
|
| 8 | | (3) License individuals as an EMR, EMT EMT-B, EMT-I, |
| 9 | | AEMT,
or Paramedic EMT-P who have met the Department's |
| 10 | | education, training and
examination requirements.
|
| 11 | | (4) Prescribe annual continuing education and
|
| 12 | | relicensure requirements for all EMS personnel licensure
|
| 13 | | levels levels of EMT.
|
| 14 | | (5) Relicense individuals as an EMD, EMR, EMT EMT-B, |
| 15 | | EMT-I, AEMT,
or Paramedic EMT-P every 4 years, based on |
| 16 | | their compliance with
continuing education and relicensure |
| 17 | | requirements as required by the Department pursuant to this |
| 18 | | Act. Every 4 years, a Paramedic an EMT-P shall have 100 |
| 19 | | hours of approved continuing education, an EMT-I and an |
| 20 | | advanced EMT shall have 80 hours of approved continuing |
| 21 | | education, and an EMT EMT-B shall have 60 hours of approved |
| 22 | | continuing education. An Illinois licensed EMR, EMD, EMT, |
| 23 | | EMT-I, AEMT, Paramedic, ECRN, or PHRN Emergency Medical |
| 24 | | Technician whose license has been expired for less than 36 |
| 25 | | months may apply for reinstatement by the Department. |
| 26 | | Reinstatement shall require that the applicant (i) submit |
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| 1 | | satisfactory proof of completion of continuing medical |
| 2 | | education and clinical requirements to be prescribed by the |
| 3 | | Department in an administrative rule; (ii) submit a |
| 4 | | positive recommendation from an Illinois EMS Medical |
| 5 | | Director attesting to the applicant's qualifications for |
| 6 | | retesting; and (iii) pass a Department approved test for |
| 7 | | the level of EMS personnel EMT license sought to be |
| 8 | | reinstated.
|
| 9 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, |
| 10 | | AEMT, Paramedic, ECRN, or PHRN EMT who
qualifies, based on |
| 11 | | standards and procedures established by
the Department in |
| 12 | | rules adopted pursuant to this Act.
|
| 13 | | (7) Charge a fee for EMS personnel EMT examination, |
| 14 | | licensure, and license renewal.
|
| 15 | | (8) Suspend, revoke, or refuse to issue or renew the
|
| 16 | | license of any licensee, after an opportunity for an |
| 17 | | impartial hearing before a neutral administrative law |
| 18 | | judge appointed by the Director, where the preponderance of |
| 19 | | the evidence shows one or more of the following:
|
| 20 | | (A) The licensee has not met continuing
education |
| 21 | | or relicensure requirements as prescribed by the |
| 22 | | Department;
|
| 23 | | (B) The licensee has failed to maintain
|
| 24 | | proficiency in the level of skills for which he or she |
| 25 | | is licensed;
|
| 26 | | (C) The licensee, during the provision of
medical |
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| 1 | | services, engaged in dishonorable, unethical, or
|
| 2 | | unprofessional conduct of a character likely to |
| 3 | | deceive,
defraud, or harm the public;
|
| 4 | | (D) The licensee has failed to maintain or
has |
| 5 | | violated standards of performance and conduct as |
| 6 | | prescribed
by the Department in rules adopted pursuant |
| 7 | | to this Act or
his or her EMS System's Program Plan;
|
| 8 | | (E) The licensee is physically impaired to
the |
| 9 | | extent that he or she cannot physically perform the |
| 10 | | skills and
functions for which he or she is licensed, |
| 11 | | as verified by a
physician, unless the person is on |
| 12 | | inactive status pursuant
to Department regulations;
|
| 13 | | (F) The licensee is mentally impaired to the
extent |
| 14 | | that he or she cannot exercise the appropriate |
| 15 | | judgment,
skill and safety for performing the |
| 16 | | functions for which he
or she is licensed, as verified |
| 17 | | by a physician, unless the person
is on inactive status |
| 18 | | pursuant to Department regulations;
|
| 19 | | (G) The licensee has violated this Act or any
rule |
| 20 | | adopted by the Department pursuant to this Act; or |
| 21 | | (H) The licensee has been convicted (or entered a |
| 22 | | plea of guilty or nolo-contendere) by a court of |
| 23 | | competent jurisdiction of a Class X, Class 1, or Class |
| 24 | | 2 felony in this State or an out-of-state equivalent |
| 25 | | offense. |
| 26 | | (d-5) An EMR, EMD, EMT, EMT-I, AEMT, Paramedic, ECRN, or |
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| 1 | | PHRN An EMT who is a member of the Illinois National Guard or |
| 2 | | an Illinois State Trooper or who exclusively serves as a |
| 3 | | volunteer for units of local government with a population base |
| 4 | | of less than 5,000 or as a volunteer
for a not-for-profit |
| 5 | | organization that serves a service area
with a population base |
| 6 | | of less than 5,000 may submit an application to the Department |
| 7 | | for a waiver of the fees described under paragraph (7) of |
| 8 | | subsection (d) of this Section on a form prescribed by the |
| 9 | | Department. |
| 10 | | The education requirements prescribed by the Department |
| 11 | | under this Section subsection must allow for the suspension of |
| 12 | | those requirements in the case of a member of the armed |
| 13 | | services or reserve forces of the United States or a member of |
| 14 | | the Illinois National Guard who is on active duty pursuant to |
| 15 | | an executive order of the President of the United States, an |
| 16 | | act of the Congress of the United States, or an order of the |
| 17 | | Governor at the time that the member would otherwise be |
| 18 | | required to fulfill a particular education requirement. Such a |
| 19 | | person must fulfill the education requirement within 6 months |
| 20 | | after his or her release from active duty.
|
| 21 | | (e) In the event that any rule of the
Department or an EMS |
| 22 | | Medical Director that requires testing for drug
use as a |
| 23 | | condition of the applicable EMS personnel license for EMT |
| 24 | | licensure conflicts with or
duplicates a provision of a |
| 25 | | collective bargaining agreement
that requires testing for drug |
| 26 | | use, that rule shall not
apply to any person covered by the |
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| 1 | | collective bargaining
agreement.
|
| 2 | | (Source: P.A. 97-333, eff. 8-12-11; 97-509, eff. 8-23-11; |
| 3 | | 97-813, eff. 7-13-12; 97-1014, eff. 1-1-13; 98-53, eff. 1-1-14; |
| 4 | | 98-463, eff. 8-16-13.)
|
| 5 | | (210 ILCS 50/3.55)
|
| 6 | | Sec. 3.55. Scope of practice.
|
| 7 | | (a) Any person currently licensed as an EMR, EMT EMT-B, |
| 8 | | EMT-I,
AEMT, or Paramedic EMT-P may perform emergency and |
| 9 | | non-emergency medical
services as defined in this Act, in |
| 10 | | accordance with his or her level of
education, training and |
| 11 | | licensure, the standards of
performance and conduct prescribed |
| 12 | | by the Department in
rules adopted pursuant to this Act, and |
| 13 | | the requirements of
the EMS System in which he or she |
| 14 | | practices, as contained in the
approved Program Plan for that |
| 15 | | System. The Director may, by written order, temporarily modify |
| 16 | | individual scopes of practice in response to public health |
| 17 | | emergencies for periods not exceeding 180 days.
|
| 18 | | (a-5) EMS personnel A person currently approved as a First |
| 19 | | Responder or licensed as an
EMT-B, EMT-I, or EMT-P who have has |
| 20 | | successfully completed a Department approved
course in |
| 21 | | automated defibrillator operation and who are is functioning |
| 22 | | within a
Department approved EMS System may utilize such |
| 23 | | automated defibrillator
according to the standards of |
| 24 | | performance and conduct prescribed by the
Department
in rules |
| 25 | | adopted pursuant to this Act and the requirements of the EMS |
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| 1 | | System in
which they practice he or she practices, as contained |
| 2 | | in the approved Program Plan for that
System.
|
| 3 | | (a-7) An EMT A person currently licensed as an EMT-B, |
| 4 | | EMT-I, AEMT, or Paramedic EMT-P
who has successfully completed |
| 5 | | a Department approved course in the
administration of |
| 6 | | epinephrine, shall be required to carry epinephrine
with him or |
| 7 | | her as part of the EMS personnel EMT medical supplies whenever
|
| 8 | | he or she is performing official the duties as determined by |
| 9 | | the EMS System of an emergency medical
technician.
|
| 10 | | (b) An EMR, EMT A person currently licensed as an EMT-B,
|
| 11 | | EMT-I, AEMT, or Paramedic EMT-P may only practice as an EMR, |
| 12 | | EMT, EMT-I, AEMT, or Paramedic EMT or utilize his or her EMR, |
| 13 | | EMT, EMT-I, AEMT, or Paramedic EMT license
in pre-hospital or |
| 14 | | inter-hospital emergency care settings or
non-emergency |
| 15 | | medical transport situations, under the
written or verbal |
| 16 | | direction of the EMS Medical Director.
For purposes of this |
| 17 | | Section, a "pre-hospital emergency care
setting" may include a |
| 18 | | location, that is not a health care
facility, which utilizes |
| 19 | | EMS personnel EMTs to render pre-hospital
emergency care prior |
| 20 | | to the arrival of a transport vehicle.
The location shall |
| 21 | | include communication equipment and all
of the portable |
| 22 | | equipment and drugs appropriate for the EMR, EMT, EMT-I, AEMT, |
| 23 | | or Paramedic's
EMT's level of care, as required by this Act, |
| 24 | | rules adopted
by the Department pursuant to this Act, and the |
| 25 | | protocols of
the EMS Systems, and shall operate only with the |
| 26 | | approval
and under the direction of the EMS Medical Director.
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| 1 | | This Section shall not prohibit an EMR, EMT EMT-B, EMT-I, |
| 2 | | AEMT, or Paramedic
EMT-P from practicing within an emergency |
| 3 | | department or
other health care setting for the purpose of |
| 4 | | receiving
continuing education or training approved by the EMS |
| 5 | | Medical
Director. This Section shall also not prohibit an EMT |
| 6 | | EMT-B,
EMT-I, AEMT, or Paramedic EMT-P from seeking credentials |
| 7 | | other than his or her EMT, EMT-I, AEMT, or Paramedic
license |
| 8 | | and utilizing such credentials to work in emergency
departments |
| 9 | | or other health care settings under the
jurisdiction of that |
| 10 | | employer.
|
| 11 | | (c) An EMT A person currently licensed as an EMT-B,
EMT-I, |
| 12 | | AEMT, or Paramedic EMT-P may honor Do Not Resuscitate (DNR) |
| 13 | | orders and powers
of attorney for health care only in |
| 14 | | accordance with rules
adopted by the Department pursuant to |
| 15 | | this Act and protocols
of the EMS System in which he or she |
| 16 | | practices.
|
| 17 | | (d) A student enrolled in a Department approved EMS |
| 18 | | personnel
emergency medical technician program, while |
| 19 | | fulfilling the
clinical training and in-field supervised |
| 20 | | experience
requirements mandated for licensure or approval by |
| 21 | | the
System and the Department, may perform prescribed |
| 22 | | procedures
under the direct supervision of a physician licensed |
| 23 | | to
practice medicine in all of its branches, a qualified
|
| 24 | | registered professional nurse, or a qualified EMS personnel |
| 25 | | EMT, only when
authorized by the EMS Medical Director.
|
| 26 | | (Source: P.A. 92-376, eff. 8-15-01.)
|
|
| | SB3414 | - 112 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | (210 ILCS 50/3.65)
|
| 2 | | Sec. 3.65. EMS Lead Instructor.
|
| 3 | | (a) "EMS Lead Instructor" means a person who has
|
| 4 | | successfully completed a course of education as approved |
| 5 | | prescribed
by the Department, and who is currently approved by |
| 6 | | the
Department to coordinate or teach education, training
and |
| 7 | | continuing education courses, in accordance with
standards |
| 8 | | prescribed by this Act and rules adopted by the
Department |
| 9 | | pursuant to this Act.
|
| 10 | | (b) The Department shall have the authority and
|
| 11 | | responsibility to:
|
| 12 | | (1) Prescribe education requirements for EMS
Lead |
| 13 | | Instructor candidates through rules adopted pursuant to |
| 14 | | this
Act.
|
| 15 | | (2) Prescribe testing requirements for EMS
Lead |
| 16 | | Instructor candidates through rules adopted pursuant to |
| 17 | | this
Act.
|
| 18 | | (3) Charge each candidate for EMS Lead
Instructor a fee |
| 19 | | to be submitted with an application for an
examination, an |
| 20 | | application for licensure certification, and an |
| 21 | | application for licensure recertification.
|
| 22 | | (4) Approve individuals as EMS Lead
Instructors who |
| 23 | | have met the Department's education and testing
|
| 24 | | requirements.
|
| 25 | | (5) Require that all education, training and
|
|
| | SB3414 | - 113 - | LRB098 16189 RPS 55673 b |
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|
|
| 1 | | continuing education courses for EMT EMT-B, EMT-I, AEMT, |
| 2 | | Paramedic, PHRN EMT-P,
Pre-Hospital RN, ECRN, EMR, First |
| 3 | | Responder and Emergency Medical
Dispatcher be coordinated |
| 4 | | by at least one approved EMS Lead
Instructor. A program |
| 5 | | which includes education, training or
continuing education |
| 6 | | for more than one type of personnel may
use one EMS Lead |
| 7 | | Instructor to coordinate the program, and a
single EMS Lead |
| 8 | | Instructor may simultaneously coordinate
more than one |
| 9 | | program or course.
|
| 10 | | (6) Provide standards and procedures for
awarding EMS |
| 11 | | Lead Instructor approval to persons previously approved
by |
| 12 | | the Department to coordinate such courses, based on
|
| 13 | | qualifications prescribed by the Department through rules
|
| 14 | | adopted pursuant to this Act.
|
| 15 | | (7) Suspend, or revoke, or refuse to issue or renew the |
| 16 | | approval of an EMS
Lead Instructor, after an opportunity |
| 17 | | for a hearing, when
findings show one or more of the |
| 18 | | following:
|
| 19 | | (A) The EMS Lead Instructor has failed
to conduct a |
| 20 | | course in accordance with the curriculum
prescribed by |
| 21 | | this Act and rules adopted by the Department
pursuant |
| 22 | | to this Act; or
|
| 23 | | (B) The EMS Lead Instructor has failed
to comply |
| 24 | | with protocols prescribed by the Department through
|
| 25 | | rules adopted pursuant to this Act.
|
| 26 | | (Source: P.A. 96-1469, eff. 1-1-11.)
|
|
| | SB3414 | - 114 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | (210 ILCS 50/3.70)
|
| 2 | | Sec. 3.70. Emergency Medical Dispatcher.
|
| 3 | | (a) "Emergency Medical Dispatcher" means a person
who has |
| 4 | | successfully completed a training course in emergency medical
|
| 5 | | dispatching meeting or
exceeding the national curriculum of the |
| 6 | | United States
Department of Transportation in accordance with |
| 7 | | rules
adopted by the Department pursuant to this Act, who |
| 8 | | accepts
calls from the public for emergency medical services |
| 9 | | and
dispatches designated emergency medical services personnel
|
| 10 | | and vehicles. The Emergency Medical Dispatcher must use the
|
| 11 | | Department-approved
emergency medical dispatch priority |
| 12 | | reference system (EMDPRS) protocol
selected for use by its |
| 13 | | agency and approved by its EMS medical director. This
protocol |
| 14 | | must be used by an emergency medical dispatcher in an emergency
|
| 15 | | medical dispatch agency to dispatch aid to medical emergencies |
| 16 | | which includes
systematized caller interrogation questions; |
| 17 | | systematized prearrival support
instructions; and systematized |
| 18 | | coding protocols that match the dispatcher's
evaluation of the |
| 19 | | injury or illness severity with the vehicle response mode and
|
| 20 | | vehicle response configuration and includes an appropriate |
| 21 | | training curriculum
and testing process consistent with the |
| 22 | | specific EMDPRS protocol used by the
emergency medical dispatch |
| 23 | | agency. Prearrival support instructions shall
be provided in a |
| 24 | | non-discriminatory manner and shall be provided in accordance
|
| 25 | | with the EMDPRS established by the EMS medical director of the |
|
| | SB3414 | - 115 - | LRB098 16189 RPS 55673 b |
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|
|
| 1 | | EMS system in
which the EMD operates. If the dispatcher
|
| 2 | | operates under the authority of an Emergency Telephone
System |
| 3 | | Board established under the Emergency Telephone
System Act, the |
| 4 | | protocols shall be established by such Board
in consultation |
| 5 | | with the EMS Medical Director. Persons who
have already |
| 6 | | completed a course of instruction in emergency
medical dispatch |
| 7 | | based on, equivalent to or exceeding the
national curriculum of |
| 8 | | the United States Department of
Transportation, or as otherwise |
| 9 | | approved by the Department,
shall be considered Emergency |
| 10 | | Medical Dispatchers on the
effective date of this amendatory |
| 11 | | Act.
|
| 12 | | (b) The Department shall have the authority and
|
| 13 | | responsibility to:
|
| 14 | | (1) Require licensure and relicensure certification |
| 15 | | and recertification of a person who meets the
training and |
| 16 | | other requirements as an emergency medical dispatcher |
| 17 | | pursuant to
this Act.
|
| 18 | | (2) Require licensure and relicensure certification |
| 19 | | and recertification of a person, organization,
or |
| 20 | | government agency that operates an emergency medical |
| 21 | | dispatch agency that
meets
the minimum standards |
| 22 | | prescribed by the Department for an emergency medical
|
| 23 | | dispatch agency pursuant to this Act.
|
| 24 | | (3) Prescribe minimum education and continuing
|
| 25 | | education
requirements for the
Emergency Medical |
| 26 | | Dispatcher, which meet standards specified by the
national |
|
| | SB3414 | - 116 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | curriculum of the United States Department of
|
| 2 | | Transportation, through rules adopted pursuant to this |
| 3 | | Act.
|
| 4 | | (4) Require each EMS Medical Director to report to the |
| 5 | | Department
whenever
an
action has taken place that may |
| 6 | | require the revocation or suspension of a license
|
| 7 | | certificate issued by the Department.
|
| 8 | | (5) Require each EMD to provide
prearrival
|
| 9 | | instructions in compliance with protocols selected and |
| 10 | | approved by the system's
EMS
medical director and approved |
| 11 | | by the Department.
|
| 12 | | (6) Require the Emergency Medical Dispatcher
to keep |
| 13 | | the Department currently informed as to the entity or
|
| 14 | | agency that employs or supervises his activities as an
|
| 15 | | Emergency Medical Dispatcher.
|
| 16 | | (7) Establish an annual relicensure recertification |
| 17 | | requirement
that requires at least 12 hours of medical
|
| 18 | | dispatch-specific continuing education as prescribed by |
| 19 | | the Department through rules adopted pursuant to this Act
|
| 20 | | each year.
|
| 21 | | (8) Approve all EMDPRS protocols used by emergency |
| 22 | | medical dispatch
agencies to assure compliance with |
| 23 | | national standards.
|
| 24 | | (9) Require that Department-approved emergency medical |
| 25 | | dispatch training
programs are conducted in accordance |
| 26 | | with national standards.
|
|
| | SB3414 | - 117 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | (10) Require that the emergency medical dispatch |
| 2 | | agency be operated in
accordance with national standards, |
| 3 | | including, but not limited to, (i) the use
on every
request |
| 4 | | for medical assistance of an emergency medical dispatch |
| 5 | | priority
reference
system (EMDPRS) in accordance with |
| 6 | | Department-approved policies and procedures
and
(ii) under |
| 7 | | the approval and supervision of the EMS medical director, |
| 8 | | the
establishment of
a continuous quality improvement |
| 9 | | program.
|
| 10 | | (11) Require that a person may not represent himself or |
| 11 | | herself, nor may
an
agency or business represent an agent |
| 12 | | or employee of that agency or business,
as
an emergency |
| 13 | | medical dispatcher unless licensed certified by the |
| 14 | | Department as an
emergency medical dispatcher.
|
| 15 | | (12) Require that a person, organization, or |
| 16 | | government agency not
represent itself as an emergency |
| 17 | | medical dispatch agency unless the person,
organization, |
| 18 | | or government agency is certified by the Department as an
|
| 19 | | emergency medical dispatch agency.
|
| 20 | | (13) Require that a person, organization, or |
| 21 | | government agency may not
offer
or conduct a training |
| 22 | | course that is represented as a course for an emergency
|
| 23 | | medical dispatcher unless the person, organization, or |
| 24 | | agency is approved by
the Department to offer or conduct |
| 25 | | that course.
|
| 26 | | (14) Require that Department-approved emergency |
|
| | SB3414 | - 118 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | medical dispatcher
training programs are conducted by |
| 2 | | instructors licensed by the Department who:
|
| 3 | | (i) are, at a minimum, licensed certified as |
| 4 | | emergency medical dispatchers;
|
| 5 | | (ii) have completed a Department-approved course |
| 6 | | on methods of
instruction;
|
| 7 | | (iii) have previous experience in a medical |
| 8 | | dispatch agency; and
|
| 9 | | (iv) have demonstrated experience as an EMS |
| 10 | | instructor.
|
| 11 | | (15) Establish criteria for modifying or
waiving |
| 12 | | Emergency Medical Dispatcher requirements based on (i) the |
| 13 | | scope
and frequency of dispatch activities and the |
| 14 | | dispatcher's
access to training or (ii) whether the |
| 15 | | previously-attended dispatcher
training program merits |
| 16 | | automatic relicensure recertification for the dispatcher.
|
| 17 | | (16) Charge each Emergency Medical Dispatcher |
| 18 | | applicant a fee for licensure and license renewal. |
| 19 | | (c) The Department shall have the authority to suspend, |
| 20 | | revoke, or refuse to issue or renew the license of an EMD when, |
| 21 | | after notice and the opportunity for an impartial hearing, the |
| 22 | | Department demonstrates that the licensee has violated this |
| 23 | | Act, violated the rules adopted by the Department, or failed to |
| 24 | | comply with the applicable standard of care. |
| 25 | | (Source: P.A. 96-1469, eff. 1-1-11.)
|
|
| | SB3414 | - 119 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | (210 ILCS 50/3.75)
|
| 2 | | Sec. 3.75. Trauma Nurse Specialist (TNS) licensure |
| 3 | | Certification.
|
| 4 | | (a) "Trauma Nurse Specialist" or "TNS"
means a registered |
| 5 | | professional nurse with an unencumbered Registered Nurse (RN) |
| 6 | | license in the state in which he or she practices who has |
| 7 | | successfully completed supplemental
education and testing |
| 8 | | requirements as prescribed by the
Department, and is licensed |
| 9 | | certified by the Department in accordance
with rules adopted by |
| 10 | | the Department pursuant to this Act.
|
| 11 | | (b) The Department shall have the authority and
|
| 12 | | responsibility to:
|
| 13 | | (1) Establish criteria for TNS training
sites, through |
| 14 | | rules adopted pursuant to this Act;
|
| 15 | | (2) Prescribe education and testing
requirements for |
| 16 | | TNS candidates, which shall include an opportunity for |
| 17 | | licensure
certification based on examination only, through |
| 18 | | rules
adopted pursuant to this Act;
|
| 19 | | (3) Charge each candidate for TNS licensure
|
| 20 | | certification a fee to be submitted with an application for |
| 21 | | a licensure certification
examination, an application for |
| 22 | | licensure certification, and an application for |
| 23 | | relicensure recertification;
|
| 24 | | (4) License Certify an individual as a TNS who has
met |
| 25 | | the Department's education and testing requirements;
|
| 26 | | (5) Prescribe relicensure recertification requirements
|
|
| | SB3414 | - 120 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | through rules adopted pursuant to this Act;
|
| 2 | | (6) Relicense Recertify an individual as a TNS every
4 |
| 3 | | years, based on compliance with relicensure |
| 4 | | recertification
requirements;
|
| 5 | | (7) Grant inactive status to any TNS who
qualifies, |
| 6 | | based on standards and procedures established by
the |
| 7 | | Department in rules adopted pursuant to this Act; and
|
| 8 | | (8) Suspend, revoke, or refuse to issue or renew deny |
| 9 | | renewal of the license
certification of a TNS, after an |
| 10 | | opportunity for hearing by
the Department, if findings show |
| 11 | | that the TNS has failed to
maintain proficiency in the |
| 12 | | level of skills for which the
TNS is licensed certified or |
| 13 | | has failed to comply with relicensure
recertification |
| 14 | | requirements.
|
| 15 | | (Source: P.A. 96-1469, eff. 1-1-11.)
|
| 16 | | (210 ILCS 50/3.80)
|
| 17 | | Sec. 3.80. Pre-Hospital Registered Nurse RN and Emergency |
| 18 | | Communications Registered Nurse.
|
| 19 | | (a) Emergency Communications Registered Nurse or
"ECRN" |
| 20 | | means a registered professional nurse with an unencumbered |
| 21 | | Registered Nurse (RN) license in the state in which he or she |
| 22 | | practices licensed under
the Nurse Practice Act who
has
|
| 23 | | successfully completed supplemental education in accordance
|
| 24 | | with rules adopted by the Department, and who is approved by
an |
| 25 | | EMS Medical Director to monitor telecommunications from
and |
|
| | SB3414 | - 121 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | give voice orders to EMS System personnel, under the
authority |
| 2 | | of the EMS Medical Director and in accordance with
System |
| 3 | | protocols.
|
| 4 | | Upon the effective date of this amendatory Act of 1995, all
|
| 5 | | existing Registered Professional Nurse/MICNs shall be
|
| 6 | | considered ECRNs.
|
| 7 | | (b) "Pre-Hospital Registered Nurse" or
"PHRN" |
| 8 | | "Pre-Hospital RN" means a registered professional nurse with an |
| 9 | | unencumbered Registered Nurse(RN) license in the state in which |
| 10 | | he or she practices licensed under
the Nurse Practice Act who |
| 11 | | has
successfully completed supplemental education in |
| 12 | | accordance
with rules adopted by the Department pursuant to |
| 13 | | this Act,
and who is approved by an EMS Medical Director to |
| 14 | | practice
within an Illinois EMS System as emergency medical |
| 15 | | services personnel
for pre-hospital and inter-hospital |
| 16 | | emergency care and
non-emergency medical transports.
|
| 17 | | Upon the effective date of this amendatory Act of 1995, all
|
| 18 | | existing Registered Professional Nurse/Field RNs shall be
|
| 19 | | considered Pre-Hospital RNs.
|
| 20 | | (c) The Department shall have the authority and
|
| 21 | | responsibility to:
|
| 22 | | (1) Prescribe education and continuing education
|
| 23 | | requirements for Pre-Hospital Registered Nurse RN and ECRN |
| 24 | | candidates through
rules adopted pursuant to this Act:
|
| 25 | | (A) Education for Pre-Hospital Registered Nurse RN |
| 26 | | shall
include extrication, telecommunications, and |
|
| | SB3414 | - 122 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | pre-hospital
cardiac, medical, and trauma care;
|
| 2 | | (B) Education for ECRN shall include
|
| 3 | | telecommunications, System standing medical orders and |
| 4 | | the
procedures and protocols established by the EMS |
| 5 | | Medical
Director;
|
| 6 | | (C) A Pre-Hospital Registered Nurse RN candidate |
| 7 | | who is
fulfilling clinical training and in-field |
| 8 | | supervised
experience requirements may perform |
| 9 | | prescribed procedures
under the direct supervision of |
| 10 | | a physician licensed to
practice medicine in all of its |
| 11 | | branches, a qualified
registered professional nurse or |
| 12 | | a qualified EMT, only when
authorized by the EMS |
| 13 | | Medical Director;
|
| 14 | | (D) An EMS Medical Director may impose in-field |
| 15 | | supervised field
experience requirements on System
|
| 16 | | ECRNs as part of their training or continuing |
| 17 | | education, in
which they perform prescribed procedures |
| 18 | | under the direct
supervision of a physician licensed to |
| 19 | | practice medicine in
all of its branches, a qualified |
| 20 | | registered professional
nurse, or qualified EMS |
| 21 | | personnel EMT, only when authorized by the EMS
Medical |
| 22 | | Director;
|
| 23 | | (2) Require EMS Medical Directors to
reapprove |
| 24 | | Pre-Hospital Registered Nurses RNs and ECRNs every 4 years, |
| 25 | | based on
compliance with continuing education requirements |
| 26 | | prescribed
by the Department through rules adopted |
|
| | SB3414 | - 123 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | pursuant to this
Act;
|
| 2 | | (3) Allow EMS Medical Directors to grant
inactive |
| 3 | | status to any Pre-Hospital Registered Nurse RN or ECRN who |
| 4 | | qualifies, based
on standards and procedures established |
| 5 | | by the Department in
rules adopted pursuant to this Act;
|
| 6 | | (4) Require a Pre-Hospital Registered Nurse RN to honor |
| 7 | | Do Not
Resuscitate (DNR) orders and powers of attorney for |
| 8 | | health
care only in accordance with rules adopted by the |
| 9 | | Department
pursuant to this Act and protocols of the EMS |
| 10 | | System in
which he or she practices;
|
| 11 | | (5) Charge each Pre-Hospital Registered Nurse RN |
| 12 | | applicant and ECRN applicant a fee for licensure and |
| 13 | | relicensure certification and recertification. |
| 14 | | (d) The Department shall have the authority to suspend, |
| 15 | | revoke, or refuse to issue or renew a Department-issued PHRN or |
| 16 | | ECRN license when, after notice and the opportunity for a |
| 17 | | hearing, the Department demonstrates that the licensee has |
| 18 | | violated this Act, violated the rules adopted by the |
| 19 | | Department, or failed to comply with the applicable standards |
| 20 | | of care. |
| 21 | | (Source: P.A. 95-639, eff. 10-5-07; 96-1469, eff. 1-1-11.)
|
| 22 | | (210 ILCS 50/3.130)
|
| 23 | | Sec. 3.130. Facility, system, and equipment violations; |
| 24 | | Plans of Correction. Except for emergency suspension orders, or |
| 25 | | actions
initiated pursuant to Sections 3.117(a), 3.117(b), and |
|
| | SB3414 | - 124 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | 3.90(b)(10) of this Act, prior
to initiating an action in |
| 2 | | response to a facility, system, or equipment violation for |
| 3 | | suspension, revocation, denial,
nonrenewal, or imposition of a |
| 4 | | fine pursuant to this Act,
the Department shall:
|
| 5 | | (a) Issue a Notice of Violation which specifies
the |
| 6 | | Department's allegations of noncompliance and requests a
plan |
| 7 | | of correction to be submitted within 10 days after
receipt of |
| 8 | | the Notice of Violation;
|
| 9 | | (b) Review and approve or reject the plan of
correction. If |
| 10 | | the Department rejects the plan of
correction, it shall send |
| 11 | | notice of the rejection and the
reason for the rejection. The |
| 12 | | party shall have 10 days
after receipt of the notice of |
| 13 | | rejection in which to submit
a modified plan;
|
| 14 | | (c) Impose a plan of correction if a modified plan
is not |
| 15 | | submitted in a timely manner or if the modified plan is
|
| 16 | | rejected by the Department;
|
| 17 | | (d) Issue a Notice of Intent to fine, suspend,
revoke, |
| 18 | | nonrenew or deny if the party has failed to comply with the
|
| 19 | | imposed plan of correction, and provide the party with an
|
| 20 | | opportunity to request an administrative hearing. The
Notice of |
| 21 | | Intent shall be effected by certified mail or by
personal |
| 22 | | service, shall set forth the particular reasons for
the |
| 23 | | proposed action, and shall provide the party with 15
days in |
| 24 | | which to request a hearing.
|
| 25 | | (Source: P.A. 96-514, eff. 1-1-10; 96-1469, eff. 1-1-11.)
|
|
| | SB3414 | - 125 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | (210 ILCS 50/3.140)
|
| 2 | | Sec. 3.140. Violations; Fines.
|
| 3 | | (a) The Department shall have the authority to
impose fines |
| 4 | | on any licensed vehicle service provider, stretcher van |
| 5 | | provider, designated
trauma center, resource hospital, |
| 6 | | associate hospital, or
participating hospital.
|
| 7 | | (b) The Department shall adopt rules pursuant to
this Act |
| 8 | | which establish a system of fines related to the type
and level |
| 9 | | of violation or repeat violation, including but
not limited to:
|
| 10 | | (1) A fine not exceeding $10,000 for a
violation which |
| 11 | | created a condition or occurrence presenting a
substantial |
| 12 | | probability that death or serious harm to an
individual |
| 13 | | will or did result therefrom; and
|
| 14 | | (2) A fine not exceeding $5,000 for a
violation which |
| 15 | | creates or created a condition or occurrence which
|
| 16 | | threatens the health, safety or welfare of an individual.
|
| 17 | | (c) A Notice of Intent to Impose Fine may be
issued in |
| 18 | | conjunction with or in lieu of a Notice of Intent to
Suspend, |
| 19 | | Revoke, Nonrenew or Deny, and shall conform to the
requirements |
| 20 | | specified in Section 3.130(d) of this Act. All
Hearings |
| 21 | | conducted pursuant to a Notice of Intent to Impose
Fine shall |
| 22 | | conform to the requirements specified in
Section 3.135 of this |
| 23 | | Act.
|
| 24 | | (d) All fines collected pursuant to this Section
shall be |
| 25 | | deposited into the EMS Assistance Fund.
|
| 26 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
|
| | SB3414 | - 126 - | LRB098 16189 RPS 55673 b |
|
|
|
| 1 | | (210 ILCS 50/3.165)
|
| 2 | | Sec. 3.165. Misrepresentation.
|
| 3 | | (a) No person shall hold himself or herself out to be or |
| 4 | | engage
in the practice of an EMS Medical Director, EMS
|
| 5 | | Administrative Director, EMS System Coordinator, EMR, EMD, |
| 6 | | EMT, EMT-I, AEMT, Paramedic, ECRN, PHRN, TNS, or LI EMT, Trauma
|
| 7 | | Nurse Specialist, Pre-Hospital RN, Emergency Communications
|
| 8 | | Registered Nurse, EMS Lead Instructor, Emergency Medical
|
| 9 | | Dispatcher or First Responder without being licensed,
|
| 10 | | certified, approved or otherwise authorized pursuant to this
|
| 11 | | Act.
|
| 12 | | (b) A hospital or other entity which employs or
utilizes an |
| 13 | | EMR, EMD, EMT, EMT-I, AEMT, or Paramedic EMT in a manner which |
| 14 | | is outside the scope of
his or her EMT license shall not use |
| 15 | | the words "EMR", "EMT", "EMT-I", "AEMT", or "Paramedic" |
| 16 | | "emergency medical
technician", "EMT" or "paramedic" in that |
| 17 | | person's job
description or title, or in any other manner hold |
| 18 | | that
person out to be so licensed an emergency medical |
| 19 | | technician.
|
| 20 | | (c) No provider or participant within an EMS
System shall |
| 21 | | hold itself out as providing a type or level of
service that |
| 22 | | has not been approved by that System's EMS
Medical Director.
|
| 23 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
| 24 | | (210 ILCS 50/3.170)
|
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| | SB3414 | - 127 - | LRB098 16189 RPS 55673 b |
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| 1 | | Sec. 3.170. Falsification of Documents. No person shall |
| 2 | | fabricate any license or knowingly enter any false information
|
| 3 | | on any application form, run sheet, record or other document
|
| 4 | | required to be completed or submitted pursuant to this Act
or |
| 5 | | any rule adopted pursuant to this Act, or knowingly
submit any |
| 6 | | application form, run sheet, record or other
document which |
| 7 | | contains false information.
|
| 8 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
| 9 | | (210 ILCS 50/3.180)
|
| 10 | | Sec. 3.180. Injunctions. Notwithstanding the existence or |
| 11 | | pursuit of any other
remedy, the Director may, through the |
| 12 | | Attorney General, seek
an injunction:
|
| 13 | | (a) To restrain or prevent any person or entity
from |
| 14 | | functioning, practicing or operating without a license,
|
| 15 | | certification, classification, approval, permit, designation
|
| 16 | | or authorization required by this Act;
|
| 17 | | (b) To restrain or prevent any person, institution
or |
| 18 | | governmental unit from representing itself to be a trauma
|
| 19 | | center after the effective date of this amendatory Act of 1995 |
| 20 | | without
designation as such
pursuant to this Act;
|
| 21 | | (c) To restrain or prevent any hospital or other
entity |
| 22 | | which employs or utilizes an EMR, EMT, EMT-I, AEMT, or |
| 23 | | Paramedic EMT in a manner which is
outside the scope of his or |
| 24 | | her EMT license from representing that
person to be an EMR, |
| 25 | | EMT, EMT-I, AEMT, or Paramedic EMT.
|
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| | SB3414 | - 128 - | LRB098 16189 RPS 55673 b |
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| 1 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
| 2 | | (210 ILCS 50/3.200)
|
| 3 | | Sec. 3.200. State Emergency Medical Services Advisory
|
| 4 | | Council. |
| 5 | | (a) There shall be established within the Department
of |
| 6 | | Public Health a State Emergency Medical Services Advisory
|
| 7 | | Council, which shall serve as an advisory body to the
|
| 8 | | Department on matters related to this Act.
|
| 9 | | (b) Membership of the Council shall include one
|
| 10 | | representative from each EMS Region, to be appointed by each
|
| 11 | | region's EMS Regional Advisory Committee. The Governor
shall |
| 12 | | appoint additional members to the Council as necessary
to |
| 13 | | insure that the Council includes one representative from
each |
| 14 | | of the following categories:
|
| 15 | | (1) EMS Medical Director,
|
| 16 | | (2) Trauma Center Medical Director,
|
| 17 | | (3) Licensed, practicing physician with
regular and |
| 18 | | frequent involvement in the provision of emergency care,
|
| 19 | | (4) Licensed, practicing physician with
special |
| 20 | | expertise in the surgical care of the trauma patient,
|
| 21 | | (5) EMS System Coordinator,
|
| 22 | | (6) TNS,
|
| 23 | | (7) Paramedic EMT-P,
|
| 24 | | (7.5) AEMT,
|
| 25 | | (8) EMT-I,
|
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| | SB3414 | - 129 - | LRB098 16189 RPS 55673 b |
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| 1 | | (9) EMT EMT-B,
|
| 2 | | (10) Private vehicle service provider,
|
| 3 | | (11) Law enforcement officer,
|
| 4 | | (12) Chief of a public vehicle service provider,
|
| 5 | | (13) Statewide firefighters' union member
affiliated |
| 6 | | with a vehicle service provider,
|
| 7 | | (14) Administrative representative from a fire
|
| 8 | | department vehicle service provider in a municipality with |
| 9 | | a
population of over 2 million people;
|
| 10 | | (15) Administrative representative from a
Resource |
| 11 | | Hospital or EMS System Administrative Director.
|
| 12 | | (c) Members Of the members first appointed, 5 members
shall |
| 13 | | be appointed for a term of one year, 5 members shall be
|
| 14 | | appointed for a term of 2 years, and the remaining members
|
| 15 | | shall be appointed for a term of 3 years. The terms of
|
| 16 | | subsequent appointees shall be 3 years. All appointees
shall |
| 17 | | serve until their successors are appointed and
qualified.
|
| 18 | | (d) The Council shall be provided a 90-day period
in which |
| 19 | | to review and comment, in consultation with the subcommittee to |
| 20 | | which the rules are relevant, upon all rules proposed by the
|
| 21 | | Department pursuant to this Act, except for rules adopted
|
| 22 | | pursuant to Section 3.190(a) of this Act, rules submitted to
|
| 23 | | the State Trauma Advisory Council and emergency rules
adopted |
| 24 | | pursuant to Section 5-45 of the Illinois
Administrative |
| 25 | | Procedure Act. The 90-day review and comment
period may |
| 26 | | commence upon the Department's submission of the
proposed rules |
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| 1 | | to the individual Council members, if the
Council is not |
| 2 | | meeting at the time the proposed rules are
ready for Council |
| 3 | | review. Any non-emergency rules adopted
prior to the Council's |
| 4 | | 90-day review and comment period
shall be null and void. If the |
| 5 | | Council fails to advise the
Department within its 90-day review |
| 6 | | and comment period, the
rule shall be considered acted upon.
|
| 7 | | (e) Council members shall be reimbursed for
reasonable |
| 8 | | travel expenses incurred during the performance of their
duties |
| 9 | | under this Section.
|
| 10 | | (f) The Department shall provide administrative
support to |
| 11 | | the Council for the preparation of the agenda and
minutes for |
| 12 | | Council meetings and distribution of proposed
rules to Council |
| 13 | | members.
|
| 14 | | (g) The Council shall act pursuant to bylaws which
it |
| 15 | | adopts, which shall include the annual election of a Chair
and |
| 16 | | Vice-Chair.
|
| 17 | | (h) The Director or his designee shall be present
at all |
| 18 | | Council meetings.
|
| 19 | | (i) Nothing in this Section shall preclude the
Council from |
| 20 | | reviewing and commenting on proposed rules which fall
under the |
| 21 | | purview of the State Trauma Advisory Council.
|
| 22 | | (Source: P.A. 96-514, eff. 1-1-10.)
|
| 23 | | (210 ILCS 50/3.205)
|
| 24 | | Sec. 3.205. State Trauma Advisory Council.
|
| 25 | | (a) There shall be established within the Department
of |
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| | SB3414 | - 131 - | LRB098 16189 RPS 55673 b |
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|
| 1 | | Public Health a State Trauma Advisory Council, which
shall |
| 2 | | serve as an advisory body to the Department on matters
related |
| 3 | | to trauma care and trauma centers.
|
| 4 | | (b) Membership of the Council shall include one
|
| 5 | | representative from each Regional Trauma Advisory Committee,
|
| 6 | | to be appointed by each Committee. The Governor shall
appoint |
| 7 | | the following additional members:
|
| 8 | | (1) An EMS Medical Director,
|
| 9 | | (2) A trauma center medical director,
|
| 10 | | (3) A trauma surgeon,
|
| 11 | | (4) A trauma nurse coordinator,
|
| 12 | | (5) A representative from a private vehicle
service |
| 13 | | provider,
|
| 14 | | (6) A representative from a public vehicle
service |
| 15 | | provider,
|
| 16 | | (7) A member of the State EMS Advisory Council, and
|
| 17 | | (8) A neurosurgeon.
|
| 18 | | (c) Members Of the members first appointed, 5 members
shall |
| 19 | | be appointed for a term of one year, 5 members shall be
|
| 20 | | appointed for a term of 2 years, and the remaining members
|
| 21 | | shall be appointed for a term of 3 years. The terms of
|
| 22 | | subsequent appointees shall be 3 years. All appointees
shall |
| 23 | | serve until their successors are appointed and
qualified.
|
| 24 | | (d) The Council shall be provided a 90-day period in
which |
| 25 | | to review and comment upon all rules proposed by the
Department |
| 26 | | pursuant to this Act concerning trauma care,
except for |
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| | SB3414 | - 132 - | LRB098 16189 RPS 55673 b |
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| 1 | | emergency rules adopted pursuant to Section 5-45
of the |
| 2 | | Illinois Administrative Procedure Act. The 90-day
review and |
| 3 | | comment period may commence upon the Department's
submission of |
| 4 | | the proposed rules to the individual Council
members, if the |
| 5 | | Council is not meeting at the time the
proposed rules are ready |
| 6 | | for Council review. Any non-emergency rules adopted
prior to |
| 7 | | the Council's 90-day review
and comment period shall be null |
| 8 | | and void. If the Council
fails to advise the Department within |
| 9 | | its 90-day review and
comment period, the rule shall be |
| 10 | | considered acted upon;
|
| 11 | | (e) Council members shall be reimbursed for
reasonable |
| 12 | | travel expenses incurred during the performance of their
duties |
| 13 | | under this Section.
|
| 14 | | (f) The Department shall provide administrative
support to |
| 15 | | the Council for the preparation of the agenda and
minutes for |
| 16 | | Council meetings and distribution of proposed
rules to Council |
| 17 | | members.
|
| 18 | | (g) The Council shall act pursuant to bylaws which
it |
| 19 | | adopts, which shall include the annual election of a Chair
and |
| 20 | | Vice-Chair.
|
| 21 | | (h) The Director or his designee shall be present
at all |
| 22 | | Council meetings.
|
| 23 | | (i) Nothing in this Section shall preclude the
Council from |
| 24 | | reviewing and commenting on proposed rules which fall
under the |
| 25 | | purview of the State EMS Advisory Council.
|
| 26 | | (Source: P.A. 90-655, eff. 7-30-98; 91-743, eff. 6-2-00.)
|
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| 1 | | (210 ILCS 50/3.210)
|
| 2 | | Sec. 3.210. EMS Medical Consultant. If the Chief of the |
| 3 | | Department's Division of Emergency
Medical Services and |
| 4 | | Highway Safety is not a physician
licensed to practice medicine |
| 5 | | in all of its branches, with
extensive emergency medical |
| 6 | | services experience, and
certified by the American Board of |
| 7 | | Emergency Medicine or the Osteopathic
American Board of |
| 8 | | Osteopathic Emergency Medicine, then the
Director shall |
| 9 | | appoint such a physician to serve as EMS
Medical Consultant to |
| 10 | | the Division Chief.
|
| 11 | | (Source: P.A. 89-177, eff. 7-19-95.)
|
| 12 | | Section 30. The Boxing and Full-contact Martial Arts Act is |
| 13 | | amended by changing Section 12 as follows:
|
| 14 | | (225 ILCS 105/12) (from Ch. 111, par. 5012)
|
| 15 | | (Section scheduled to be repealed on January 1, 2022)
|
| 16 | | Sec. 12. Professional or amateur contests. |
| 17 | | (a) The professional or amateur contest, or a combination |
| 18 | | of both,
shall be held in an area where adequate neurosurgical
|
| 19 | | facilities are immediately available for skilled emergency
|
| 20 | | treatment of an injured professional or amateur. |
| 21 | | (b) Each professional or amateur shall be examined before |
| 22 | | the contest
and promptly after each bout by a physician. The |
| 23 | | physician
shall determine, prior to
the contest, if each |
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| 1 | | professional or amateur is physically fit to compete in the |
| 2 | | contest.
After the bout the physician shall examine the |
| 3 | | professional or amateur to
determine
possible injury. If the |
| 4 | | professional's or amateur's physical condition so indicates, |
| 5 | | the
physician shall recommend to the Department immediate |
| 6 | | medical suspension. The physician or a licensed paramedic |
| 7 | | emergency medical technician-paramedic (EMT-P) must check the |
| 8 | | vital signs of all contestants as established by rule. |
| 9 | | (c)
The physician may, at any time during the professional |
| 10 | | or amateur bout, stop the professional or amateur bout to
|
| 11 | | examine a professional or amateur contestant and may direct the |
| 12 | | referee to terminate the bout when, in the physician's opinion,
|
| 13 | | continuing the bout could result in serious injury to the |
| 14 | | professional or amateur. If the professional's or amateur's |
| 15 | | physical condition so indicates, the physician shall recommend |
| 16 | | to the Department immediate medical suspension. The
physician |
| 17 | | shall certify to the condition of the professional or amateur |
| 18 | | in writing, over
his signature on forms provided by the |
| 19 | | Department. Such reports shall
be submitted to the Department |
| 20 | | in a timely manner.
|
| 21 | | (d) No professional or amateur contest, or a combination of
|
| 22 | | both, shall be allowed to begin or be held unless
at least one |
| 23 | | physician, at least one EMT and one paramedic EMT-P, and one |
| 24 | | ambulance have been contracted
with solely for the care of |
| 25 | | professionals or amateurs who are competing as defined by rule.
|
| 26 | | (e) No professional boxing bout shall be more than 12 |
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| | SB3414 | - 135 - | LRB098 16189 RPS 55673 b |
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| 1 | | rounds in length. The rounds
shall not
be more than 3 minutes |
| 2 | | each with a one minute interval between them, and
no |
| 3 | | professional boxer shall be allowed to participate in more than |
| 4 | | one contest within a 7-day period. |
| 5 | | The number and length of rounds for all other professional |
| 6 | | or amateur boxing or full-contact martial
arts contests, or a |
| 7 | | combination of both, shall be determined by rule. |
| 8 | | (f) The number and types of officials required for each |
| 9 | | professional or amateur contest, or a combination of both, |
| 10 | | shall be determined by rule.
|
| 11 | | (g) The Department or its representative shall have
|
| 12 | | discretion to declare
a price, remuneration,
or purse or any |
| 13 | | part of it belonging to the professional withheld if in the
|
| 14 | | judgment of the Department or its representative the |
| 15 | | professional
is not honestly competing. |
| 16 | | (h)
The Department shall have the authority to prevent a |
| 17 | | professional or amateur contest, or a combination of
both,
from |
| 18 | | being held and shall have the authority to stop a professional |
| 19 | | or amateur contest, or a combination of
both, for noncompliance
|
| 20 | | with any part of this Act or rules or when, in the judgment of |
| 21 | | the Department,
or its representative, continuation of the |
| 22 | | event would endanger the health,
safety, and welfare of the |
| 23 | | professionals or amateurs or spectators. The Department's |
| 24 | | authority to stop a contest on the basis that the professional |
| 25 | | or amateur contest, or a combination of
both, would endanger |
| 26 | | the health, safety, and welfare of the professionals or |
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| | SB3414 | - 136 - | LRB098 16189 RPS 55673 b |
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| 1 | | amateurs or spectators shall extend to any professional or |
| 2 | | amateur contest, or a combination of
both, regardless of |
| 3 | | whether that amateur contest is exempted from the prohibition |
| 4 | | in Section 6 of this Act. Department staff, or its |
| 5 | | representative, may be present at any full-contact martial arts |
| 6 | | contest with scheduled amateur bouts.
|
| 7 | | (Source: P.A. 97-119, eff. 7-14-11.)
|
| 8 | | Section 35. The Abandoned Newborn Infant Protection Act is |
| 9 | | amended by changing Section 10 as follows:
|
| 10 | | (325 ILCS 2/10)
|
| 11 | | Sec. 10. Definitions. In this Act:
|
| 12 | | "Abandon" has the same meaning as in the Abused and |
| 13 | | Neglected
Child Reporting Act.
|
| 14 | | "Abused child" has the same meaning as in the Abused and |
| 15 | | Neglected
Child Reporting Act.
|
| 16 | | "Child-placing agency" means a licensed public or private |
| 17 | | agency
that receives a child for the purpose of placing or |
| 18 | | arranging
for the placement of the child in a foster family |
| 19 | | home or
other facility for child care, apart from the custody |
| 20 | | of the child's
parents.
|
| 21 | | "Department" or "DCFS" means the Illinois Department of |
| 22 | | Children and
Family Services.
|
| 23 | | "Emergency medical facility" means a freestanding |
| 24 | | emergency center or
trauma center, as defined in the Emergency |
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| | SB3414 | - 137 - | LRB098 16189 RPS 55673 b |
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| 1 | | Medical Services (EMS) Systems
Act.
|
| 2 | | "Emergency medical professional" includes licensed |
| 3 | | physicians, and any
emergency medical technician |
| 4 | | technician-basic, emergency medical
technician-intermediate, |
| 5 | | advanced emergency medical technician, paramedic emergency |
| 6 | | medical technician-paramedic,
trauma nurse specialist, and |
| 7 | | pre-hospital registered nurse RN, as defined in the
Emergency |
| 8 | | Medical Services (EMS) Systems Act.
|
| 9 | | "Fire station" means a fire station within the State with |
| 10 | | at least one staff person.
|
| 11 | | "Hospital" has the same meaning as in the Hospital |
| 12 | | Licensing Act.
|
| 13 | | "Legal custody" means the relationship created by a court |
| 14 | | order in
the best interest of a newborn infant that imposes on |
| 15 | | the infant's custodian
the responsibility of physical |
| 16 | | possession of the infant, the duty to
protect, train, and |
| 17 | | discipline the infant, and the duty to provide the infant
with |
| 18 | | food,
shelter, education, and medical care, except as these are |
| 19 | | limited by
parental rights and responsibilities.
|
| 20 | | "Neglected child" has the same meaning as in the Abused and
|
| 21 | | Neglected Child Reporting Act.
|
| 22 | | "Newborn infant" means a child who a licensed physician |
| 23 | | reasonably
believes is 30 days old or less at the time the |
| 24 | | child is
initially relinquished to a hospital, police station, |
| 25 | | fire station, or
emergency
medical facility, and who is not an |
| 26 | | abused or a neglected child.
|
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| 1 | | "Police station" means a municipal police station, a county |
| 2 | | sheriff's
office, a campus police department located on any |
| 3 | | college or university owned or controlled by the State or any |
| 4 | | private college or private university that is not owned or |
| 5 | | controlled by the State when employees of the campus police |
| 6 | | department are present, or any of the district headquarters of |
| 7 | | the Illinois State Police.
|
| 8 | | "Relinquish" means to bring a newborn infant, who a
|
| 9 | | licensed physician reasonably believes is 30 days old or less,
|
| 10 | | to a hospital, police station, fire station, or emergency |
| 11 | | medical facility
and
to leave the infant with personnel of the |
| 12 | | facility, if the person leaving the
infant does not express an |
| 13 | | intent to return for the
infant or states that he or she will |
| 14 | | not return for the infant.
In the case of a mother who gives |
| 15 | | birth to an infant in a hospital,
the mother's act of leaving |
| 16 | | that newborn infant at the
hospital (i) without expressing an |
| 17 | | intent to return for the infant or (ii)
stating that she will |
| 18 | | not return for the infant is not a "relinquishment" under
this |
| 19 | | Act.
|
| 20 | | "Temporary protective custody" means the temporary |
| 21 | | placement of
a newborn infant within a hospital or other |
| 22 | | medical facility out of the
custody of the infant's parent.
|
| 23 | | (Source: P.A. 96-345, eff. 1-1-10; 97-293, eff. 8-11-11.)
|
| 24 | | Section 40. The Coal Mine Medical Emergencies Act is |
| 25 | | amended by changing Section 2 as follows:
|
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| | SB3414 | - 139 - | LRB098 16189 RPS 55673 b |
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| 1 | | (410 ILCS 15/2) (from Ch. 96 1/2, par. 3952)
|
| 2 | | Sec. 2. As used in this Act, unless the context clearly |
| 3 | | otherwise requires:
|
| 4 | | (a) "Emergency medical technician" means a person who has |
| 5 | | successfully
completed the course on emergency first-aid care |
| 6 | | and transportation of the
sick and injured recommended by the |
| 7 | | American Academy of Orthopedic Surgeons,
or the equivalent |
| 8 | | thereof, and has been licensed certified by the Department of |
| 9 | | Public
Health to provide emergency care.
|
| 10 | | (b) "Mine" means any surface coal mine or underground coal |
| 11 | | mine, as defined
in Section 1.03 of "The Coal Mining Act of |
| 12 | | 1953".
|
| 13 | | (Source: P.A. 80-294.)
|
| 14 | | Section 45. The AIDS Confidentiality Act is amended by |
| 15 | | changing Sections 7 and 9 as follows:
|
| 16 | | (410 ILCS 305/7) (from Ch. 111 1/2, par. 7307) |
| 17 | | Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5
|
| 18 | | and 6 of this Act, informed consent is not required for a |
| 19 | | health
care provider or health facility to perform a test when |
| 20 | | the health care
provider or health facility procures, |
| 21 | | processes, distributes or uses a
human body part donated for a |
| 22 | | purpose specified under the Illinois
Anatomical Gift Act, or |
| 23 | | semen provided prior to the effective date of this
Act for the |
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| 1 | | purpose of artificial insemination, and such a test is
|
| 2 | | necessary to assure medical acceptability of such gift or semen |
| 3 | | for the
purposes intended.
|
| 4 | | (b) Informed consent is not required for a health care
|
| 5 | | provider or health facility to perform a test when a health |
| 6 | | care provider
or employee of a health facility, or a |
| 7 | | firefighter or an EMT-A, EMT, EMT-I, AEMT, or paramedic EMT-P,
|
| 8 | | is involved in an accidental direct skin or mucous membrane |
| 9 | | contact with
the blood or bodily fluids of an individual which |
| 10 | | is of a nature that may
transmit HIV, as determined by a |
| 11 | | physician in his medical judgment. Should
such test prove to be |
| 12 | | positive, the patient and the health care provider,
health |
| 13 | | facility employee, firefighter, EMT-A, EMT, EMT-I, AEMT, or |
| 14 | | paramedic EMT-P shall be
provided appropriate counseling |
| 15 | | consistent with this Act.
|
| 16 | | (c) Informed consent is not required for a health care
|
| 17 | | provider or health facility to perform a test when a law |
| 18 | | enforcement
officer is involved in the line of duty in a direct |
| 19 | | skin or mucous membrane
contact with the blood or bodily fluids |
| 20 | | of an individual which is of a
nature that may transmit HIV, as |
| 21 | | determined by a physician in his medical
judgment. Should such |
| 22 | | test prove to be positive, the patient shall be
provided |
| 23 | | appropriate counseling consistent with this Act. For purposes |
| 24 | | of
this subsection (c), "law enforcement officer" means any |
| 25 | | person employed by
the State, a county or a municipality as a |
| 26 | | policeman, peace officer,
auxiliary policeman, correctional |
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| | SB3414 | - 141 - | LRB098 16189 RPS 55673 b |
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|
| 1 | | officer or in some like position
involving the enforcement of |
| 2 | | the law and protection of the public interest
at the risk of |
| 3 | | that person's life.
|
| 4 | | (Source: P.A. 95-7, eff. 6-1-08.)
|
| 5 | | (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
|
| 6 | | Sec. 9. No person may disclose or be compelled to disclose |
| 7 | | the
identity of any person upon whom a test is performed, or |
| 8 | | the results of
such a test in a manner which permits |
| 9 | | identification of the subject of the
test, except to the |
| 10 | | following persons:
|
| 11 | | (a) The subject of the test or the subject's legally
|
| 12 | | authorized representative. A physician may notify the spouse of |
| 13 | | the
test subject, if the test result is positive and has been |
| 14 | | confirmed
pursuant to rules adopted by the Department, provided |
| 15 | | that the physician has
first sought unsuccessfully to persuade |
| 16 | | the patient to notify the spouse or
that, a reasonable time |
| 17 | | after the patient has agreed to make the
notification, the |
| 18 | | physician has reason to believe that the patient has not
|
| 19 | | provided the notification. This paragraph shall not create a |
| 20 | | duty or
obligation under which a physician must notify the |
| 21 | | spouse of the test
results, nor shall such duty or obligation |
| 22 | | be implied. No civil liability
or criminal sanction under this |
| 23 | | Act shall be imposed for any disclosure or
non-disclosure of a |
| 24 | | test result to a spouse by a physician acting in good
faith |
| 25 | | under this paragraph. For the purpose of any proceedings, civil |
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| | SB3414 | - 142 - | LRB098 16189 RPS 55673 b |
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|
| 1 | | or
criminal, the good faith of any physician acting under this |
| 2 | | paragraph shall
be presumed.
|
| 3 | | (b) Any person designated in a legally effective release of |
| 4 | | the test
results executed by the subject of the test or the |
| 5 | | subject's legally
authorized representative.
|
| 6 | | (c) An authorized agent or employee of a health facility or |
| 7 | | health care
provider if the health facility or health care |
| 8 | | provider itself is
authorized to obtain the test results, the |
| 9 | | agent or employee provides
patient care or handles or processes |
| 10 | | specimens of body fluids or tissues,
and the agent or employee |
| 11 | | has a need to know such information.
|
| 12 | | (d) The Department and local health authorities serving a |
| 13 | | population of over 1,000,000 residents or other local health |
| 14 | | authorities as designated by the Department, in accordance with |
| 15 | | rules for reporting and
controlling the spread of disease, as |
| 16 | | otherwise provided by State law.
The Department,
local health |
| 17 | | authorities, and authorized representatives shall not disclose
|
| 18 | | information and records held by them relating to known or |
| 19 | | suspected cases of
AIDS or HIV infection, publicly or in any |
| 20 | | action of any kind in any court or
before any tribunal, board, |
| 21 | | or agency. AIDS and HIV infection data shall be
protected from |
| 22 | | disclosure in accordance with the provisions of Sections 8-2101
|
| 23 | | through 8-2105 of the Code of Civil Procedure.
|
| 24 | | (e) A health facility or health care provider which |
| 25 | | procures, processes,
distributes or uses: (i) a human body part |
| 26 | | from a deceased person
with respect to medical information |
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| 1 | | regarding that person; or (ii) semen
provided prior to the |
| 2 | | effective date of this Act for the purpose of
artificial |
| 3 | | insemination.
|
| 4 | | (f) Health facility staff committees for the purposes of |
| 5 | | conducting
program monitoring, program evaluation or service |
| 6 | | reviews.
|
| 7 | | (f-5) A court in accordance with the provisions of Section |
| 8 | | 12-5.01 of the Criminal Code of 2012. |
| 9 | | (g) (Blank).
|
| 10 | | (h) Any health care provider or employee of a health |
| 11 | | facility, and any
firefighter or EMT-A, EMT, AEMT, paramedic |
| 12 | | EMT-P, or EMT-I, involved in an accidental direct
skin or |
| 13 | | mucous membrane contact with the blood or bodily fluids of an
|
| 14 | | individual which is of a nature that may transmit HIV, as |
| 15 | | determined by a
physician in his medical judgment.
|
| 16 | | (i) Any law enforcement officer, as defined in subsection |
| 17 | | (c) of
Section 7, involved in the line of duty in a direct skin |
| 18 | | or mucous membrane
contact with the blood or bodily fluids of |
| 19 | | an individual which is of a
nature that may transmit HIV, as |
| 20 | | determined by a physician in his medical
judgment.
|
| 21 | | (j) A temporary caretaker of a child taken into temporary |
| 22 | | protective
custody by the Department of Children and Family |
| 23 | | Services pursuant to Section 5
of the Abused and Neglected |
| 24 | | Child Reporting Act, as now or hereafter amended.
|
| 25 | | (k) In the case of a minor under 18 years of age whose test |
| 26 | | result is
positive and has been confirmed
pursuant to rules |
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| 1 | | adopted by the Department, the health care provider who ordered |
| 2 | | the test shall make a reasonable
effort to notify the minor's |
| 3 | | parent or legal guardian if, in the
professional judgment
of |
| 4 | | the health care provider, notification would be
in the best |
| 5 | | interest of the child and the health care provider has first
|
| 6 | | sought unsuccessfully to persuade the minor to notify the |
| 7 | | parent or legal
guardian or a reasonable time after the minor |
| 8 | | has agreed to notify
the parent or legal guardian, the health |
| 9 | | care provider has reason to
believe that the minor has not made |
| 10 | | the notification. This subsection
shall not create a duty or |
| 11 | | obligation under which a health care provider
must notify the |
| 12 | | minor's parent or legal guardian of the test results, nor
shall |
| 13 | | a duty or obligation be implied. No civil liability or criminal |
| 14 | | sanction
under this Act shall be imposed for any notification |
| 15 | | or non-notification of a
minor's test result by a health care |
| 16 | | provider acting in good faith under this
subsection. For the |
| 17 | | purpose of any proceeding, civil or criminal, the good
faith of |
| 18 | | any health care provider acting under this subsection shall be
|
| 19 | | presumed.
|
| 20 | | (Source: P.A. 96-328, eff. 8-11-09; 97-1046, eff. 8-21-12; |
| 21 | | 97-1150, eff. 1-25-13.)
|
| 22 | | Section 50. The Burn Injury Reporting Act is amended by |
| 23 | | changing Section 5 as follows:
|
| 24 | | (425 ILCS 7/5)
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| 1 | | Sec. 5. Burn injury reporting. |
| 2 | | (a) Every case of a burn injury treated in a hospital as |
| 3 | | described in this Act may be reported to the Office of the |
| 4 | | State Fire Marshal. The hospital's administrator, manager, |
| 5 | | superintendent, or his or her designee deciding to report under |
| 6 | | this Act shall make an oral report of every burn injury in a |
| 7 | | timely manner as soon as treatment permits, except as provided |
| 8 | | in subsection (c) of this Section, that meets one of the |
| 9 | | following criteria: |
| 10 | | (1) a person receives a serious second-degree burn or a |
| 11 | | third degree burn, but not a radiation burn, to 10% or more |
| 12 | | of the person's body as a whole; |
| 13 | | (2) a person sustains a burn to the upper respiratory |
| 14 | | tract or occurring laryngeal edema due to the inhalation of |
| 15 | | superheated air; |
| 16 | | (3) a person sustains any burn injury likely to result |
| 17 | | in death; or |
| 18 | | (4) a person sustains any other burn injury not |
| 19 | | excluded by subsection (c). |
| 20 | | (b) The oral report shall consist of notification by |
| 21 | | telephone to the Office of the State Fire Marshal using a |
| 22 | | toll-free number established by the Office of the State Fire |
| 23 | | Marshal for this purpose. |
| 24 | | (c) A hospital's administrator, manager, superintendent, |
| 25 | | or his or her designee deciding to report under this Act shall |
| 26 | | not report any of the following burn injuries: |
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| 1 | | (1) a burn injury of an emergency medical a first |
| 2 | | responder, as defined in Section 3.50 3.60 of the Emergency |
| 3 | | Medical Services (EMS) Systems Act, sustained in the line |
| 4 | | of duty; |
| 5 | | (2) a burn injury caused by lighting; |
| 6 | | (3) a burn injury caused by a motor vehicle accident; |
| 7 | | or |
| 8 | | (4) a burn injury caused by an identifiable industrial |
| 9 | | accident or work-related accident.
|
| 10 | | (Source: P.A. 94-828, eff. 1-1-07.)
|
| 11 | | Section 55. The Illinois Vehicle Code is amended by |
| 12 | | changing Sections 11-501.01 11-501.2 and as follows:
|
| 13 | | (625 ILCS 5/11-501.01)
|
| 14 | | Sec. 11-501.01. Additional administrative sanctions. |
| 15 | | (a) After a finding of guilt and prior to any final |
| 16 | | sentencing or an order for supervision, for an offense based |
| 17 | | upon an arrest for a violation of Section 11-501 or a similar |
| 18 | | provision of a local ordinance, individuals shall be required |
| 19 | | to undergo a professional evaluation to determine if an |
| 20 | | alcohol, drug, or intoxicating compound abuse problem exists |
| 21 | | and the extent of the problem, and undergo the imposition of |
| 22 | | treatment as appropriate. Programs conducting these |
| 23 | | evaluations shall be licensed by the Department of Human |
| 24 | | Services. The cost of any professional evaluation shall be paid |
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| 1 | | for by the individual required to undergo the professional |
| 2 | | evaluation. |
| 3 | | (b) Any person who is found guilty of or pleads guilty to |
| 4 | | violating Section 11-501, including any person receiving a |
| 5 | | disposition of court supervision for violating that Section, |
| 6 | | may be required by the Court to attend a victim impact panel |
| 7 | | offered by, or under contract with, a county State's Attorney's |
| 8 | | office, a probation and court services department, Mothers |
| 9 | | Against Drunk Driving, or the Alliance Against Intoxicated |
| 10 | | Motorists. All costs generated by the victim impact panel shall |
| 11 | | be paid from fees collected from the offender or as may be |
| 12 | | determined by the court. |
| 13 | | (c) Every person found guilty of violating Section 11-501, |
| 14 | | whose operation of a motor vehicle while in violation of that |
| 15 | | Section proximately caused any incident resulting in an |
| 16 | | appropriate emergency response, shall be liable for the expense |
| 17 | | of an emergency response as provided in subsection (i) of this |
| 18 | | Section. |
| 19 | | (d) The Secretary of State shall revoke the driving |
| 20 | | privileges of any person convicted under Section 11-501 or a |
| 21 | | similar provision of a local ordinance. |
| 22 | | (e) The Secretary of State shall require the use of |
| 23 | | ignition interlock devices on all vehicles owned by a person |
| 24 | | who has been convicted of a second or subsequent offense of |
| 25 | | Section 11-501 or a similar provision of a local ordinance. The |
| 26 | | person must pay to the Secretary of State DUI Administration |
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| 1 | | Fund an amount not to exceed $30 for each month that he or she |
| 2 | | uses the device. The Secretary shall establish by rule and |
| 3 | | regulation the procedures for certification and use of the |
| 4 | | interlock system, the amount of the fee, and the procedures, |
| 5 | | terms, and conditions relating to these fees. |
| 6 | | (f) In addition to any other penalties and liabilities, a |
| 7 | | person who is found guilty of or pleads guilty to violating |
| 8 | | Section 11-501, including any person placed on court |
| 9 | | supervision for violating Section 11-501, shall be assessed |
| 10 | | $750, payable to the circuit clerk, who shall distribute the |
| 11 | | money as follows: $350 to the law enforcement agency that made |
| 12 | | the arrest, and $400 shall be forwarded to the State Treasurer |
| 13 | | for deposit into the General Revenue Fund. If the person has |
| 14 | | been previously convicted of violating Section 11-501 or a |
| 15 | | similar provision of a local ordinance, the fine shall be |
| 16 | | $1,000, and the circuit clerk shall distribute
$200 to the law |
| 17 | | enforcement agency that
made the arrest and $800 to the State
|
| 18 | | Treasurer for deposit into the General Revenue Fund. In the |
| 19 | | event that more than one agency is responsible for the arrest, |
| 20 | | the amount payable to law enforcement agencies shall be shared |
| 21 | | equally. Any moneys received by a law enforcement agency under |
| 22 | | this subsection (f) shall be used for enforcement and |
| 23 | | prevention of driving while under the influence of alcohol, |
| 24 | | other drug or drugs, intoxicating compound or compounds or any |
| 25 | | combination thereof, as defined by Section 11-501 of this Code, |
| 26 | | including but not limited to the purchase of law enforcement |
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| 1 | | equipment and commodities that will assist in the prevention of |
| 2 | | alcohol related criminal violence throughout the State; police |
| 3 | | officer training and education in areas related to alcohol |
| 4 | | related crime, including but not limited to DUI training; and |
| 5 | | police officer salaries, including but not limited to salaries |
| 6 | | for hire back funding for safety checkpoints, saturation |
| 7 | | patrols, and liquor store sting operations. Any moneys received |
| 8 | | by the Department of State Police under this subsection (f) |
| 9 | | shall be deposited into the State Police DUI Fund and shall be |
| 10 | | used to purchase law enforcement equipment that will assist in |
| 11 | | the prevention of alcohol related criminal violence throughout |
| 12 | | the State. |
| 13 | | (g) The Secretary of State Police DUI Fund is created as a |
| 14 | | special fund in the State treasury. All moneys received by the |
| 15 | | Secretary of State Police under subsection (f) of this Section |
| 16 | | shall be deposited into the Secretary of State Police DUI Fund |
| 17 | | and, subject to appropriation, shall be used for enforcement |
| 18 | | and prevention of driving while under the influence of alcohol, |
| 19 | | other drug or drugs, intoxicating compound or compounds or any |
| 20 | | combination thereof, as defined by Section 11-501 of this Code, |
| 21 | | including but not limited to the purchase of law enforcement |
| 22 | | equipment and commodities to assist in the prevention of |
| 23 | | alcohol related criminal violence throughout the State; police |
| 24 | | officer training and education in areas related to alcohol |
| 25 | | related crime, including but not limited to DUI training; and |
| 26 | | police officer salaries, including but not limited to salaries |
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| 1 | | for hire back funding for safety checkpoints, saturation |
| 2 | | patrols, and liquor store sting operations. |
| 3 | | (h) Whenever an individual is sentenced for an offense |
| 4 | | based upon an arrest for a violation of Section 11-501 or a |
| 5 | | similar provision of a local ordinance, and the professional |
| 6 | | evaluation recommends remedial or rehabilitative treatment or |
| 7 | | education, neither the treatment nor the education shall be the |
| 8 | | sole disposition and either or both may be imposed only in |
| 9 | | conjunction with another disposition. The court shall monitor |
| 10 | | compliance with any remedial education or treatment |
| 11 | | recommendations contained in the professional evaluation. |
| 12 | | Programs conducting alcohol or other drug evaluation or |
| 13 | | remedial education must be licensed by the Department of Human |
| 14 | | Services. If the individual is not a resident of Illinois, |
| 15 | | however, the court may accept an alcohol or other drug |
| 16 | | evaluation or remedial education program in the individual's |
| 17 | | state of residence. Programs providing treatment must be |
| 18 | | licensed under existing applicable alcoholism and drug |
| 19 | | treatment licensure standards. |
| 20 | | (i) In addition to any other fine or penalty required by |
| 21 | | law, an individual convicted of a violation of Section 11-501, |
| 22 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
| 23 | | Section 5-16 of the Boat Registration and Safety Act, or a |
| 24 | | similar provision, whose operation of a motor vehicle, |
| 25 | | snowmobile, or watercraft while in violation of Section 11-501, |
| 26 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
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| 1 | | Section 5-16 of the Boat Registration and Safety Act, or a |
| 2 | | similar provision proximately caused an incident resulting in |
| 3 | | an appropriate emergency response, shall be required to make |
| 4 | | restitution to a public agency for the costs of that emergency |
| 5 | | response. The restitution may not exceed $1,000 per public |
| 6 | | agency for each emergency response. As used in this subsection |
| 7 | | (i), "emergency response" means any incident requiring a |
| 8 | | response by a police officer, a firefighter carried on the |
| 9 | | rolls of a regularly constituted fire department, or an |
| 10 | | ambulance. With respect to funds designated for the Department |
| 11 | | of State Police, the moneys shall be remitted by the circuit |
| 12 | | court clerk to the State Police within one month after receipt |
| 13 | | for deposit into the State Police DUI Fund. With respect to |
| 14 | | funds designated for the Department of Natural Resources, the |
| 15 | | Department of Natural Resources shall deposit the moneys into |
| 16 | | the Conservation Police Operations Assistance Fund.
|
| 17 | | (j) A person that is subject to a chemical test or tests of |
| 18 | | blood under subsection (a) of Section 11-501.1 or subdivision |
| 19 | | (c)(2) of Section 11-501.2 of this Code, whether or not that |
| 20 | | person consents to testing, shall be liable for the expense up |
| 21 | | to $500 for blood withdrawal by a physician authorized to |
| 22 | | practice medicine, a licensed physician assistant, a licensed |
| 23 | | advanced practice nurse, a registered nurse, a trained |
| 24 | | phlebotomist, a licensed certified paramedic, or a qualified |
| 25 | | person other than a police officer approved by the Department |
| 26 | | of State Police to withdraw blood, who responds, whether at a |
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| 1 | | law enforcement facility or a health care facility, to a police |
| 2 | | department request for the drawing of blood based upon refusal |
| 3 | | of the person to submit to a lawfully requested breath test or |
| 4 | | probable cause exists to believe the test would disclose the |
| 5 | | ingestion, consumption, or use of drugs or intoxicating |
| 6 | | compounds if: |
| 7 | | (1) the person is found guilty of violating Section |
| 8 | | 11-501 of this Code or a similar provision of a local |
| 9 | | ordinance; or |
| 10 | | (2) the person pleads guilty to or stipulates to facts |
| 11 | | supporting a violation of Section 11-503 of this Code or a |
| 12 | | similar provision of a local ordinance when the plea or |
| 13 | | stipulation was the result of a plea agreement in which the |
| 14 | | person was originally charged with violating Section |
| 15 | | 11-501 of this Code or a similar local ordinance. |
| 16 | | (Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13; |
| 17 | | 98-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
|
| 18 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
|
| 19 | | Sec. 11-501.2. Chemical and other tests.
|
| 20 | | (a) Upon the trial of any civil or criminal action or |
| 21 | | proceeding arising out
of an arrest for an offense as defined |
| 22 | | in Section 11-501 or a similar local
ordinance or proceedings |
| 23 | | pursuant to Section 2-118.1, evidence of the
concentration of |
| 24 | | alcohol, other drug or drugs, or intoxicating compound or
|
| 25 | | compounds, or any combination thereof in a person's blood
or |
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| 1 | | breath at the time alleged, as determined by analysis of the |
| 2 | | person's blood,
urine, breath or other bodily substance, shall |
| 3 | | be admissible. Where such test
is made the following provisions |
| 4 | | shall apply:
|
| 5 | | 1. Chemical analyses of the person's blood, urine, |
| 6 | | breath or other bodily
substance to be considered valid |
| 7 | | under the provisions of this Section shall
have been |
| 8 | | performed according to standards promulgated by the |
| 9 | | Department of State Police
by
a licensed physician, |
| 10 | | registered nurse, trained phlebotomist, licensed certified |
| 11 | | paramedic, or other individual
possessing a valid permit |
| 12 | | issued by that Department for
this purpose. The Director of |
| 13 | | State Police is authorized to approve satisfactory
|
| 14 | | techniques or methods, to ascertain the qualifications and |
| 15 | | competence of
individuals to conduct such analyses, to |
| 16 | | issue permits which shall be subject
to termination or |
| 17 | | revocation at the discretion of that Department and to
|
| 18 | | certify the accuracy of breath testing equipment. The |
| 19 | | Department
of
State Police shall prescribe regulations as |
| 20 | | necessary to
implement this
Section.
|
| 21 | | 2. When a person in this State shall submit to a blood |
| 22 | | test at the request
of a law enforcement officer under the |
| 23 | | provisions of Section 11-501.1, only a
physician |
| 24 | | authorized to practice medicine, a licensed physician |
| 25 | | assistant, a licensed advanced practice nurse, a |
| 26 | | registered nurse, trained
phlebotomist, or licensed |
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| 1 | | certified paramedic, or other
qualified person approved by |
| 2 | | the Department of State Police may withdraw blood
for the |
| 3 | | purpose of determining the alcohol, drug, or alcohol and |
| 4 | | drug content
therein. This limitation shall not apply to |
| 5 | | the taking of breath or urine
specimens.
|
| 6 | | When a blood test of a person who has been taken to an |
| 7 | | adjoining state
for medical treatment is requested by an |
| 8 | | Illinois law enforcement officer,
the blood may be |
| 9 | | withdrawn only by a physician authorized to practice
|
| 10 | | medicine in the adjoining state, a licensed physician |
| 11 | | assistant, a licensed advanced practice nurse, a |
| 12 | | registered nurse, a trained
phlebotomist acting under the |
| 13 | | direction of the physician, or licensed certified
|
| 14 | | paramedic. The law
enforcement officer requesting the test |
| 15 | | shall take custody of the blood
sample, and the blood |
| 16 | | sample shall be analyzed by a laboratory certified by the
|
| 17 | | Department of State Police for that purpose.
|
| 18 | | 3. The person tested may have a physician, or a |
| 19 | | qualified technician,
chemist, registered nurse, or other |
| 20 | | qualified person of their own choosing
administer a |
| 21 | | chemical test or tests in addition to any administered at |
| 22 | | the
direction of a law enforcement officer. The failure or |
| 23 | | inability to obtain
an additional test by a person shall |
| 24 | | not preclude the admission of evidence
relating to the test |
| 25 | | or tests taken at the direction of a law enforcement
|
| 26 | | officer.
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| 1 | | 4. Upon the request of the person who shall submit to a |
| 2 | | chemical test
or tests at the request of a law enforcement |
| 3 | | officer, full information
concerning the test or tests |
| 4 | | shall be made available to the person or such
person's |
| 5 | | attorney.
|
| 6 | | 5. Alcohol concentration shall mean either grams of |
| 7 | | alcohol per 100
milliliters of blood or grams of alcohol |
| 8 | | per 210 liters of breath.
|
| 9 | | (a-5) Law enforcement officials may use standardized field |
| 10 | | sobriety tests approved by the National Highway Traffic Safety |
| 11 | | Administration when conducting investigations of a violation |
| 12 | | of Section 11-501 or similar local ordinance by drivers |
| 13 | | suspected of driving under the influence of cannabis. The |
| 14 | | General Assembly finds that standardized field sobriety tests |
| 15 | | approved by the National Highway Traffic Safety Administration |
| 16 | | are divided attention tasks that are intended to determine if a |
| 17 | | person is under the influence of cannabis. The purpose of these |
| 18 | | tests is to determine the effect of the use of cannabis on a |
| 19 | | person's capacity to think and act with ordinary care and |
| 20 | | therefore operate a motor vehicle safely. Therefore, the |
| 21 | | results of these standardized field sobriety tests, |
| 22 | | appropriately administered, shall be admissible in the trial of |
| 23 | | any civil or criminal action or proceeding arising out of an |
| 24 | | arrest for a cannabis-related offense as defined in Section |
| 25 | | 11-501 or a similar local ordinance or proceedings under |
| 26 | | Section 2-118.1. Where a test is made the following provisions |
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| 1 | | shall apply: |
| 2 | | 1. The person tested may have a physician, or a |
| 3 | | qualified technician, chemist, registered nurse, or other |
| 4 | | qualified person of their own choosing administer a |
| 5 | | chemical test or tests in addition to the standardized |
| 6 | | field sobriety test or tests administered at the direction |
| 7 | | of a law enforcement officer. The failure or inability to |
| 8 | | obtain an additional test by a person does not preclude the |
| 9 | | admission of evidence relating to the test or tests taken |
| 10 | | at the direction of a law enforcement officer. |
| 11 | | 2. Upon the request of the person who shall submit to a |
| 12 | | standardized field sobriety test or tests at the request of |
| 13 | | a law enforcement officer, full information concerning the |
| 14 | | test or tests shall be made available to the person or the |
| 15 | | person's attorney. |
| 16 | | 3. At the trial of any civil or criminal action or |
| 17 | | proceeding arising out of an arrest for an offense as |
| 18 | | defined in Section 11-501 or a similar local ordinance or |
| 19 | | proceedings under Section 2-118.1 in which the results of |
| 20 | | these standardized field sobriety tests are admitted, the |
| 21 | | cardholder may present and the trier of fact may consider |
| 22 | | evidence that the card holder lacked the physical capacity |
| 23 | | to perform the standardized field sobriety tests. |
| 24 | | (b) Upon the trial of any civil or criminal action or |
| 25 | | proceeding arising
out of acts alleged to have been committed |
| 26 | | by any person while driving or
in actual physical control of a |
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| 1 | | vehicle while under the influence of alcohol,
the concentration |
| 2 | | of alcohol in the person's blood or breath at the time
alleged |
| 3 | | as shown by analysis of the person's blood, urine, breath, or |
| 4 | | other
bodily substance shall give rise to the following |
| 5 | | presumptions:
|
| 6 | | 1. If there was at that time an alcohol concentration |
| 7 | | of 0.05 or less,
it shall be presumed that the person was |
| 8 | | not under the influence of alcohol.
|
| 9 | | 2. If there was at that time an alcohol concentration |
| 10 | | in excess of 0.05
but less than 0.08, such facts shall not |
| 11 | | give rise to any
presumption that
the person was or was not |
| 12 | | under the influence of alcohol, but such fact
may be |
| 13 | | considered with other competent evidence in determining |
| 14 | | whether the
person was under the influence of alcohol.
|
| 15 | | 3. If there was at that time an alcohol concentration |
| 16 | | of 0.08
or more,
it shall be presumed that the person was |
| 17 | | under the influence of alcohol.
|
| 18 | | 4. The foregoing provisions of this Section shall not |
| 19 | | be construed as
limiting the introduction of any other |
| 20 | | relevant evidence bearing upon the
question whether the |
| 21 | | person was under the influence of alcohol.
|
| 22 | | (c) 1. If a person under arrest refuses to submit to a |
| 23 | | chemical test
under
the provisions of Section 11-501.1, |
| 24 | | evidence of refusal shall be admissible
in any civil or |
| 25 | | criminal action or proceeding arising out of acts alleged
to |
| 26 | | have been committed while the person under the influence of |
|
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| 1 | | alcohol,
other drug or drugs, or intoxicating compound or |
| 2 | | compounds, or
any combination thereof was driving or in actual |
| 3 | | physical
control of a motor vehicle.
|
| 4 | | 2. Notwithstanding any ability to refuse under this Code to |
| 5 | | submit to
these tests or any ability to revoke the implied |
| 6 | | consent to these tests, if a
law enforcement officer has |
| 7 | | probable cause to believe that a motor vehicle
driven by or in |
| 8 | | actual physical control of a person under the influence of
|
| 9 | | alcohol, other drug or drugs, or intoxicating compound or
|
| 10 | | compounds,
or any combination thereof
has caused the death or
|
| 11 | | personal injury to another, the law enforcement officer shall |
| 12 | | request, and that person shall submit, upon the request of a |
| 13 | | law
enforcement officer, to a chemical test or tests of his or |
| 14 | | her blood, breath or
urine for the purpose of
determining the |
| 15 | | alcohol content thereof or the presence of any other drug or
|
| 16 | | combination of both.
|
| 17 | | This provision does not affect the applicability of or |
| 18 | | imposition of driver's
license sanctions under Section |
| 19 | | 11-501.1 of this Code.
|
| 20 | | 3. For purposes of this Section, a personal injury includes |
| 21 | | any Type A
injury as indicated on the traffic accident report |
| 22 | | completed by a law
enforcement officer that requires immediate |
| 23 | | professional attention in either a
doctor's office or a medical |
| 24 | | facility. A Type A injury includes severe
bleeding wounds, |
| 25 | | distorted extremities, and injuries that require the injured
|
| 26 | | party to be carried from the scene.
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| 1 | | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; |
| 2 | | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14.)
|
| 3 | | Section 60. The Good Samaritan Act is amended by changing |
| 4 | | Sections 68 and 70 as follows:
|
| 5 | | (745 ILCS 49/68) |
| 6 | | Sec. 68. Disaster Relief Volunteers. Any firefighter, |
| 7 | | licensed emergency medical technician (EMT), emergency medical |
| 8 | | technician-intermediate (EMT-I), advanced emergency medical |
| 9 | | technician (AEMT), or paramedic as defined by Section 3.50 of |
| 10 | | the Emergency Medical Services (EMS) Systems Act, physician, |
| 11 | | dentist, podiatric physician, optometrist, pharmacist, |
| 12 | | advanced practice nurse, physician assistant, or nurse who in |
| 13 | | good faith and without fee or compensation provides health care |
| 14 | | services as a disaster relief volunteer shall not, as a result |
| 15 | | of his or her acts or omissions, except willful and wanton |
| 16 | | misconduct on the part of the person, in providing health care |
| 17 | | services, be liable to a person to whom the health care |
| 18 | | services are provided for civil damages. This immunity applies |
| 19 | | to health care services that are provided without fee or |
| 20 | | compensation during or within 10 days following the end of a |
| 21 | | disaster or catastrophic event. |
| 22 | | The immunity provided in this Section only applies to a |
| 23 | | disaster relief volunteer who provides health care services in |
| 24 | | relief of an earthquake, hurricane, tornado, nuclear attack, |
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| | SB3414 | - 160 - | LRB098 16189 RPS 55673 b |
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| 1 | | terrorist attack, epidemic, or pandemic without fee or |
| 2 | | compensation for providing the volunteer health care services. |
| 3 | | The provisions of this Section shall not apply to any |
| 4 | | health care facility as defined in Section 8-2001 of the Code |
| 5 | | of Civil Procedure or to any practitioner, who is not a |
| 6 | | disaster relief volunteer, providing health care services in a |
| 7 | | hospital or health care facility.
|
| 8 | | (Source: P.A. 98-214, eff. 8-9-13.)
|
| 9 | | (745 ILCS 49/70)
|
| 10 | | Sec. 70. Law enforcement officers, firemen, Emergency |
| 11 | | Medical Technicians (EMTs) and First Responders; exemption |
| 12 | | from
civil liability for emergency care.
Any law enforcement |
| 13 | | officer or fireman as defined in Section 2 of the
Line of Duty |
| 14 | | Compensation Act, and any "emergency medical responder", |
| 15 | | "emergency medical technician (EMT)", "emergency medical |
| 16 | | technician-intermediate", "advanced emergency medical |
| 17 | | technician", or "paramedic" as defined in Section 3.50 of the |
| 18 | | Emergency Medical Services (EMS) Systems Act, and any "first |
| 19 | | responder" as defined in Section 3.60 of the Emergency Medical |
| 20 | | Services (EMS) Systems Act,
who in good faith
provides |
| 21 | | emergency care without fee or compensation to any person shall |
| 22 | | not, as a result of
his or her acts or omissions, except |
| 23 | | willful and wanton misconduct on the
part of
the person, in |
| 24 | | providing the care, be liable to a person to whom such
care is |
| 25 | | provided for civil damages.
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| 1 | | (Source: P.A. 93-1047, eff. 10-18-04; 94-826, eff. 1-1-07.)
|
| 2 | | Section 65. The Workers' Compensation Act is amended by |
| 3 | | changing Section 6 as follows:
|
| 4 | | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
|
| 5 | | Sec. 6. (a) Every employer within the provisions of this |
| 6 | | Act, shall,
under the rules and regulations prescribed by the |
| 7 | | Commission, post
printed notices in their respective places of |
| 8 | | employment in such number
and at such places as may be |
| 9 | | determined by the Commission, containing
such information |
| 10 | | relative to this Act as in the judgment of the
Commission may |
| 11 | | be necessary to aid employees to safeguard their rights
under |
| 12 | | this Act in event of injury.
|
| 13 | | In addition thereto, the employer shall post in a |
| 14 | | conspicuous place
on the place of the employment a printed or |
| 15 | | typewritten notice stating
whether he is insured or whether he |
| 16 | | has qualified and is operating as a
self-insured employer. In |
| 17 | | the event the employer is insured, the notice
shall state the |
| 18 | | name and address of his insurance carrier, the number of
the |
| 19 | | insurance policy, its effective date and the date of |
| 20 | | termination. In
the event of the termination of the policy for |
| 21 | | any reason prior to the
termination date stated, the posted |
| 22 | | notice shall promptly be corrected
accordingly. In the event |
| 23 | | the employer is operating as a self-insured
employer the notice |
| 24 | | shall state the name and address of the company, if
any, |
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| 1 | | servicing the compensation payments of the employer, and the |
| 2 | | name
and address of the person in charge of making compensation |
| 3 | | payments.
|
| 4 | | (b) Every employer subject to this Act shall maintain |
| 5 | | accurate
records of work-related deaths, injuries and illness |
| 6 | | other than minor
injuries requiring only first aid treatment |
| 7 | | and which do not involve
medical treatment, loss of |
| 8 | | consciousness, restriction of work or motion,
or transfer to |
| 9 | | another job and file with the Commission, in writing, a
report |
| 10 | | of all accidental deaths, injuries and illnesses arising out of
|
| 11 | | and in the course of the employment resulting in the loss of |
| 12 | | more than
3 scheduled work days. In the case of death such |
| 13 | | report shall be
made no later than 2 working days following the |
| 14 | | accidental death. In
all other cases such report shall be made |
| 15 | | between the 15th and 25th of
each month unless required to be |
| 16 | | made sooner by rule of the Commission.
In case the injury |
| 17 | | results in permanent disability, a further report
shall be made |
| 18 | | as soon as it is determined that such permanent disability
has |
| 19 | | resulted or will result from the injury. All reports shall |
| 20 | | state
the date of the injury, including the time of day or |
| 21 | | night, the nature
of the employer's business, the name, |
| 22 | | address, age, sex, conjugal
condition of the injured person, |
| 23 | | the specific occupation of the injured
person, the direct cause |
| 24 | | of the injury and the nature of the accident,
the character of |
| 25 | | the injury, the length of disability, and in case of
death the |
| 26 | | length of disability before death, the wages of the injured
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| 1 | | person, whether compensation has been paid to the injured |
| 2 | | person, or to
his or her legal representative or his heirs or |
| 3 | | next of kin, the amount of
compensation paid, the amount paid |
| 4 | | for physicians', surgeons' and
hospital bills, and by whom |
| 5 | | paid, and the amount paid for funeral or
burial expenses if |
| 6 | | known. The reports shall be made on forms and in the
manner as |
| 7 | | prescribed by the Commission and shall contain such further
|
| 8 | | information as the Commission shall deem necessary and require. |
| 9 | | The
making of these reports releases the employer from making |
| 10 | | such reports
to any other officer of the State and shall |
| 11 | | satisfy the reporting
provisions as contained in the "Health |
| 12 | | and Safety Act" and "An Act in
relation to safety inspections |
| 13 | | and education in industrial and
commercial establishments and |
| 14 | | to repeal an Act therein named", approved
July 18, 1955, as now |
| 15 | | or hereafter amended. The reports filed with the
Commission |
| 16 | | pursuant to this Section shall be made available by the
|
| 17 | | Commission to the Director of Labor or his representatives and |
| 18 | | to all
other departments of the State of Illinois which shall |
| 19 | | require such
information for the proper discharge of their |
| 20 | | official duties. Failure
to file with the Commission any of the |
| 21 | | reports required in this Section
is a petty offense.
|
| 22 | | Except as provided in this paragraph, all reports filed |
| 23 | | hereunder shall
be confidential and any person
having access to |
| 24 | | such records filed with the Illinois Workers' Compensation |
| 25 | | Commission as
herein required, who shall release any |
| 26 | | information therein contained
including the names or otherwise |
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| 1 | | identify any persons sustaining
injuries or disabilities, or |
| 2 | | give access to such information to any
unauthorized person, |
| 3 | | shall be subject to discipline or discharge, and in
addition |
| 4 | | shall be guilty of a Class B misdemeanor. The Commission shall
|
| 5 | | compile and distribute to interested persons aggregate |
| 6 | | statistics, taken
from the reports filed hereunder. The |
| 7 | | aggregate statistics shall not give
the names or otherwise |
| 8 | | identify persons sustaining injuries or disabilities
or the |
| 9 | | employer of any injured or disabled person.
|
| 10 | | (c) Notice of the accident shall be given to the employer |
| 11 | | as soon as
practicable, but not later than 45 days after the |
| 12 | | accident. Provided:
|
| 13 | | (1) In case of the legal disability of the employee
or |
| 14 | | any dependent of a
deceased employee who may be entitled to |
| 15 | | compensation under the
provisions of this Act, the |
| 16 | | limitations of time by this Act provided do
not begin to |
| 17 | | run against such person under legal disability
until a
|
| 18 | | guardian has been appointed.
|
| 19 | | (2) In cases of injuries sustained by exposure to |
| 20 | | radiological
materials or equipment, notice shall be given |
| 21 | | to the employer within 90
days subsequent to the time that |
| 22 | | the employee knows or suspects that he
has received an |
| 23 | | excessive dose of radiation.
|
| 24 | | No defect or inaccuracy of such notice shall be a bar to |
| 25 | | the
maintenance of proceedings on arbitration or otherwise by |
| 26 | | the employee
unless the employer proves that he is unduly |
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| 1 | | prejudiced in such
proceedings by such defect or inaccuracy.
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| 2 | | Notice of the accident shall give the approximate date and |
| 3 | | place of
the accident, if known, and may be given orally or in |
| 4 | | writing.
|
| 5 | | (d) Every employer shall notify each injured employee who |
| 6 | | has been
granted compensation under the provisions of Section 8 |
| 7 | | of this Act
of his rights to rehabilitation services and advise |
| 8 | | him of the locations
of available public rehabilitation centers |
| 9 | | and any other such services
of which the employer has |
| 10 | | knowledge.
|
| 11 | | In any case, other than one where the injury was caused by |
| 12 | | exposure
to radiological materials or equipment or asbestos |
| 13 | | unless the application for
compensation is filed with the |
| 14 | | Commission within 3 years after the date
of the accident, where |
| 15 | | no compensation has been paid, or within 2 years
after the date |
| 16 | | of the last payment of compensation, where any has been
paid, |
| 17 | | whichever shall be later, the right to file such application |
| 18 | | shall
be barred.
|
| 19 | | In any case of injury caused by exposure to radiological |
| 20 | | materials or
equipment or asbestos, unless application for |
| 21 | | compensation is filed with the
Commission within 25 years after |
| 22 | | the last day that the employee was
employed in an environment |
| 23 | | of hazardous radiological activity or asbestos,
the right to |
| 24 | | file such application shall be barred.
|
| 25 | | If in any case except one where the injury was caused by |
| 26 | | exposure to
radiological materials or equipment or asbestos, |
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| 1 | | the accidental injury
results in death application for |
| 2 | | compensation for death may be filed with the
Commission within |
| 3 | | 3 years after the date of death where no compensation
has been |
| 4 | | paid or within 2 years after the date of the last payment of
|
| 5 | | compensation where any has been paid, whichever shall be later, |
| 6 | | but not
thereafter.
|
| 7 | | If an accidental injury caused by exposure to radiological |
| 8 | | material
or equipment or asbestos results in death within 25 |
| 9 | | years after the last
day that the employee was so exposed |
| 10 | | application for compensation for death may
be filed with the |
| 11 | | Commission within 3 years after the date of death,
where no |
| 12 | | compensation has been paid, or within 2 years after the date of
|
| 13 | | the last payment of compensation where any has been paid, |
| 14 | | whichever
shall be later, but not thereafter.
|
| 15 | | (e) Any contract or agreement made by any employer or his |
| 16 | | agent or
attorney with any employee or any other beneficiary of |
| 17 | | any claim under
the provisions of this Act within 7 days after |
| 18 | | the injury shall be
presumed to be fraudulent.
|
| 19 | | (f) Any condition or impairment of health of an employee |
| 20 | | employed as a
firefighter, emergency medical technician (EMT), |
| 21 | | emergency medical technician-intermediate (EMT-I), advanced |
| 22 | | emergency medical technician (AEMT), or paramedic which |
| 23 | | results
directly or indirectly from any bloodborne pathogen, |
| 24 | | lung or respiratory
disease
or condition, heart
or vascular |
| 25 | | disease or condition, hypertension, tuberculosis, or cancer
|
| 26 | | resulting in any disability (temporary, permanent, total, or |
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| 1 | | partial) to the
employee shall be rebuttably presumed to arise |
| 2 | | out of and in the course of
the employee's firefighting, EMT, |
| 3 | | or paramedic employment and, further, shall
be
rebuttably |
| 4 | | presumed to be causally connected to the hazards or exposures |
| 5 | | of
the employment. This presumption shall also apply to any |
| 6 | | hernia or hearing
loss suffered by an employee employed as a |
| 7 | | firefighter, EMT, EMT-I, AEMT, or paramedic.
However, this |
| 8 | | presumption shall not apply to any employee who has been |
| 9 | | employed
as a firefighter, EMT, or paramedic for less than 5 |
| 10 | | years at the time he or she files an Application for Adjustment |
| 11 | | of Claim concerning this condition or impairment with the |
| 12 | | Illinois Workers' Compensation Commission. The rebuttable |
| 13 | | presumption established under this subsection, however, does |
| 14 | | not apply to an emergency medical technician (EMT), emergency |
| 15 | | medical technician-intermediate (EMT-I), advanced emergency |
| 16 | | medical technician (AEMT), or paramedic employed by a private |
| 17 | | employer if the employee spends the preponderance of his or her |
| 18 | | work time for that employer engaged in medical transfers |
| 19 | | between medical care facilities or non-emergency medical |
| 20 | | transfers to or from medical care facilities. The changes made |
| 21 | | to this subsection by Public Act 98-291 this amendatory Act of |
| 22 | | the 98th General Assembly shall be narrowly construed. The |
| 23 | | Finding and Decision of the Illinois Workers' Compensation |
| 24 | | Commission under only the rebuttable presumption provision of |
| 25 | | this subsection shall not be admissible or be deemed res |
| 26 | | judicata in any disability claim under the Illinois Pension |
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| 1 | | Code arising out of the same medical condition; however, this |
| 2 | | sentence makes no change to the law set forth in Krohe v. City |
| 3 | | of Bloomington, 204 Ill.2d 392.
|
| 4 | | (Source: P.A. 98-291, eff. 1-1-14.)
|
| 5 | | Section 70. The Workers' Occupational Diseases Act is |
| 6 | | amended by changing Sections 1 and 3 as follows:
|
| 7 | | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
|
| 8 | | Sec. 1. This Act shall be known and may be cited as the |
| 9 | | "Workers'
Occupational Diseases Act".
|
| 10 | | (a) The term "employer" as used in this Act shall be |
| 11 | | construed to
be:
|
| 12 | | 1. The State and each county, city, town, township, |
| 13 | | incorporated
village, school district, body politic, or |
| 14 | | municipal corporation
therein.
|
| 15 | | 2. Every person, firm, public or private corporation, |
| 16 | | including
hospitals, public service, eleemosynary, |
| 17 | | religious or charitable
corporations or associations, who |
| 18 | | has any person in service or under any
contract for hire, |
| 19 | | express or implied, oral or written.
|
| 20 | | 3. Where an employer operating under and subject to the |
| 21 | | provisions
of this Act loans an employee to another such |
| 22 | | employer and such loaned
employee sustains a compensable |
| 23 | | occupational disease in the employment
of such borrowing |
| 24 | | employer and where such borrowing employer does not
provide |
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| 1 | | or pay the benefits or payments due such employee, such |
| 2 | | loaning
employer shall be liable to provide or pay all |
| 3 | | benefits or payments due
such employee under this Act and |
| 4 | | as to such employee the liability of
such loaning and |
| 5 | | borrowing employers shall be joint and several,
provided |
| 6 | | that such loaning employer shall in the absence of |
| 7 | | agreement to
the contrary be entitled to receive from such |
| 8 | | borrowing employer full
reimbursement for all sums paid or |
| 9 | | incurred pursuant to this paragraph
together with |
| 10 | | reasonable attorneys' fees and expenses in any hearings
|
| 11 | | before the Illinois Workers' Compensation Commission or in |
| 12 | | any action to secure such
reimbursement. Where any benefit |
| 13 | | is provided or paid by such loaning
employer, the employee |
| 14 | | shall have the duty of rendering reasonable
co-operation in |
| 15 | | any hearings, trials or proceedings in the case,
including |
| 16 | | such proceedings for reimbursement.
|
| 17 | | Where an employee files an Application for Adjustment |
| 18 | | of Claim with
the Illinois Workers' Compensation |
| 19 | | Commission alleging that his or her claim is covered by
the |
| 20 | | provisions of the preceding paragraph, and joining both the |
| 21 | | alleged
loaning and borrowing employers, they and each of |
| 22 | | them, upon written
demand by the employee and within 7 days |
| 23 | | after receipt of such demand,
shall have the duty of filing |
| 24 | | with the Illinois Workers' Compensation Commission a |
| 25 | | written
admission or denial of the allegation that the |
| 26 | | claim is covered by the
provisions of the preceding |
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| 1 | | paragraph and in default of such filing or
if any such |
| 2 | | denial be ultimately determined not to have been bona fide
|
| 3 | | then the provisions of Paragraph K of Section 19 of this |
| 4 | | Act shall
apply.
|
| 5 | | An employer whose business or enterprise or a |
| 6 | | substantial part
thereof consists of hiring, procuring or |
| 7 | | furnishing employees to or for
other employers operating |
| 8 | | under and subject to the provisions of this
Act for the |
| 9 | | performance of the work of such other employers and who |
| 10 | | pays
such employees their salary or wage notwithstanding |
| 11 | | that they are doing
the work of such other employers shall |
| 12 | | be deemed a loaning employer
within the meaning and |
| 13 | | provisions of this Section.
|
| 14 | | (b) The term "employee" as used in this Act, shall be |
| 15 | | construed to
mean:
|
| 16 | | 1. Every person in the service of the State, county, |
| 17 | | city, town,
township, incorporated village or school |
| 18 | | district, body politic or
municipal corporation therein, |
| 19 | | whether by election, appointment or
contract of hire, |
| 20 | | express or implied, oral or written, including any
official |
| 21 | | of the State, or of any county, city, town, township,
|
| 22 | | incorporated village, school district, body politic or |
| 23 | | municipal
corporation therein and except any duly |
| 24 | | appointed member of the fire
department in any city whose |
| 25 | | population exceeds 500,000 according to the
last Federal or |
| 26 | | State census, and except any member of a fire insurance
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| 1 | | patrol maintained by a board of underwriters in this State. |
| 2 | | One employed
by a contractor who has contracted with the |
| 3 | | State, or a county, city,
town, township, incorporated |
| 4 | | village, school district, body politic or
municipal |
| 5 | | corporation therein, through its representatives, shall |
| 6 | | not be
considered as an employee of the State, county, |
| 7 | | city, town, township,
incorporated village, school |
| 8 | | district, body politic or municipal
corporation which made |
| 9 | | the contract.
|
| 10 | | 2. Every person in the service of another under any |
| 11 | | contract of
hire, express or implied, oral or written, who |
| 12 | | contracts an occupational
disease while working in the |
| 13 | | State of Illinois, or who contracts an
occupational disease |
| 14 | | while working outside of the State of Illinois but
where |
| 15 | | the contract of hire is made within the State of Illinois, |
| 16 | | and any
person whose employment is principally localized |
| 17 | | within the State of
Illinois, regardless of the place where |
| 18 | | the disease was contracted or
place where the contract of |
| 19 | | hire was made, including aliens, and minors
who, for the |
| 20 | | purpose of this Act, except Section 3 hereof, shall be
|
| 21 | | considered the same and have the same power to contract, |
| 22 | | receive
payments and give quittances therefor, as adult |
| 23 | | employees. An employee
or his or her dependents under this |
| 24 | | Act who shall have a cause of action
by reason of an |
| 25 | | occupational disease, disablement or death arising out
of |
| 26 | | and in the course of his or her employment may elect or |
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| 1 | | pursue
his or her remedy in the State where the disease was |
| 2 | | contracted, or in the
State where the contract of hire is |
| 3 | | made, or in the State where the
employment is principally |
| 4 | | localized.
|
| 5 | | (c) "Commission" means the Illinois Workers' Compensation |
| 6 | | Commission created by the
Workers' Compensation Act, approved |
| 7 | | July 9, 1951, as amended.
|
| 8 | | (d) In this Act the term "Occupational Disease" means a |
| 9 | | disease
arising out of and in the course of the employment or |
| 10 | | which has become
aggravated and rendered disabling as a result |
| 11 | | of the exposure of the
employment. Such aggravation shall arise |
| 12 | | out of a risk peculiar to or
increased by the employment and |
| 13 | | not common to the general public.
|
| 14 | | A disease shall be deemed to arise out of the employment if |
| 15 | | there is
apparent to the rational mind, upon consideration of |
| 16 | | all the
circumstances, a causal connection between the |
| 17 | | conditions under which
the work is performed and the |
| 18 | | occupational disease. The disease need not
to have been |
| 19 | | foreseen or expected but after its contraction it must
appear |
| 20 | | to have had its origin or aggravation in a risk connected with
|
| 21 | | the employment and to have flowed from that source as a |
| 22 | | rational
consequence.
|
| 23 | | An employee shall be conclusively deemed to have been |
| 24 | | exposed to the
hazards of an occupational disease when, for any |
| 25 | | length of time however
short, he or she is employed in an |
| 26 | | occupation or process in which the
hazard of the disease |
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| 1 | | exists; provided however, that in a claim of
exposure to atomic |
| 2 | | radiation, the fact of such exposure must be verified
by the |
| 3 | | records of the central registry of radiation exposure |
| 4 | | maintained
by the Department of Public Health or by some other |
| 5 | | recognized
governmental agency maintaining records of such |
| 6 | | exposures whenever and
to the extent that the records are on |
| 7 | | file with the Department of Public
Health or the agency. |
| 8 | | Any injury to or disease or death of an employee arising |
| 9 | | from the administration of a vaccine, including without |
| 10 | | limitation smallpox vaccine, to prepare for, or as a response |
| 11 | | to, a threatened or potential bioterrorist incident to the |
| 12 | | employee as part of a voluntary inoculation program in |
| 13 | | connection with the person's employment or in connection with |
| 14 | | any governmental program or recommendation for the inoculation |
| 15 | | of workers in the employee's occupation, geographical area, or |
| 16 | | other category that includes the employee is deemed to arise |
| 17 | | out of and in the course of the employment for all purposes |
| 18 | | under this Act. This paragraph added by Public Act 93-829 is |
| 19 | | declarative of existing law and is not a new enactment.
|
| 20 | | The employer liable for the compensation in this Act |
| 21 | | provided shall
be the employer in whose employment the employee |
| 22 | | was last exposed to the
hazard of the occupational disease |
| 23 | | claimed upon regardless of the length
of time of such last |
| 24 | | exposure, except, in cases of silicosis or
asbestosis, the only |
| 25 | | employer liable shall be the last employer in whose
employment |
| 26 | | the employee was last exposed during a period of 60 days or
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| 1 | | more after the effective date of this Act, to the hazard of |
| 2 | | such
occupational disease, and, in such cases, an exposure |
| 3 | | during a period of
less than 60 days, after the effective date |
| 4 | | of this Act, shall not be
deemed a last exposure. If a miner |
| 5 | | who is suffering or suffered from
pneumoconiosis was employed |
| 6 | | for 10 years or more in one or more coal
mines there shall, |
| 7 | | effective July 1, 1973 be a rebuttable presumption
that his or |
| 8 | | her pneumoconiosis arose out of such employment.
|
| 9 | | If a deceased miner was employed for 10 years or more in |
| 10 | | one or more
coal mines and died from a respirable disease there |
| 11 | | shall, effective
July 1, 1973, be a rebuttable presumption that |
| 12 | | his or her death was due
to pneumoconiosis.
|
| 13 | | Any condition or impairment of health of an employee |
| 14 | | employed as a
firefighter, emergency medical technician (EMT), |
| 15 | | emergency medical technician-intermediate (EMT-I), advanced |
| 16 | | emergency medical technician (AEMT), or paramedic which |
| 17 | | results
directly or indirectly from any bloodborne pathogen, |
| 18 | | lung or respiratory
disease
or
condition, heart
or vascular |
| 19 | | disease or condition, hypertension, tuberculosis, or cancer
|
| 20 | | resulting
in any disability (temporary, permanent, total, or |
| 21 | | partial) to the employee
shall be rebuttably presumed to arise |
| 22 | | out of and in the course of the
employee's firefighting, EMT, |
| 23 | | EMT-I, AEMT, or paramedic employment and, further, shall be
|
| 24 | | rebuttably presumed to be causally connected to the hazards or |
| 25 | | exposures of
the employment. This presumption shall also apply |
| 26 | | to any hernia or hearing
loss suffered by an employee employed |
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| 1 | | as a firefighter, EMT, EMT-I, AEMT, or paramedic.
However, this |
| 2 | | presumption shall not apply to any employee who has been |
| 3 | | employed
as a firefighter, EMT, EMT-I, AEMT, or paramedic for |
| 4 | | less than 5 years at the time he or she files an Application |
| 5 | | for Adjustment of Claim concerning this condition or impairment |
| 6 | | with the Illinois Workers' Compensation Commission. The |
| 7 | | rebuttable presumption established under this subsection, |
| 8 | | however, does not apply to an emergency medical technician |
| 9 | | (EMT), emergency medical technician-intermediate (EMT-I), |
| 10 | | advanced emergency medical technician (AEMT), or paramedic |
| 11 | | employed by a private employer if the employee spends the |
| 12 | | preponderance of his or her work time for that employer engaged |
| 13 | | in medical transfers between medical care facilities or |
| 14 | | non-emergency medical transfers to or from medical care |
| 15 | | facilities. The changes made to this subsection by this |
| 16 | | amendatory Act of the 98th General Assembly shall be narrowly |
| 17 | | construed. The Finding and Decision of the Illinois Workers' |
| 18 | | Compensation Commission under only the rebuttable presumption |
| 19 | | provision of this paragraph shall not be admissible or be |
| 20 | | deemed res judicata in any disability claim under the Illinois |
| 21 | | Pension Code arising out of the same medical condition; |
| 22 | | however, this sentence makes no change to the law set forth in |
| 23 | | Krohe v. City of Bloomington, 204 Ill.2d 392.
|
| 24 | | The insurance carrier liable shall be the carrier whose |
| 25 | | policy was in
effect covering the employer liable on the last |
| 26 | | day of the exposure
rendering such employer liable in |
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| 1 | | accordance with the provisions of this
Act.
|
| 2 | | (e) "Disablement" means an impairment or partial |
| 3 | | impairment,
temporary or permanent, in the function of the body |
| 4 | | or any of the
members of the body, or the event of becoming |
| 5 | | disabled from earning full
wages at the work in which the |
| 6 | | employee was engaged when last exposed to
the hazards of the |
| 7 | | occupational disease by the employer from whom he or
she claims |
| 8 | | compensation, or equal wages in other suitable employment;
and |
| 9 | | "disability" means the state of being so incapacitated.
|
| 10 | | (f) No compensation shall be payable for or on account of |
| 11 | | any
occupational disease unless disablement, as herein |
| 12 | | defined, occurs
within two years after the last day of the last |
| 13 | | exposure to the hazards
of the disease, except in cases of |
| 14 | | occupational disease caused by
berylliosis or by the inhalation |
| 15 | | of silica dust or asbestos dust and, in
such cases, within 3 |
| 16 | | years after the last day of the last exposure to
the hazards of |
| 17 | | such disease and except in the case of occupational
disease |
| 18 | | caused by exposure to radiological materials or equipment, and
|
| 19 | | in such case, within 25 years after the last day of last |
| 20 | | exposure to the
hazards of such disease.
|
| 21 | | (Source: P.A. 98-291, eff. 1-1-14.)
|
| 22 | | (210 ILCS 50/3.60 rep.)
|
| 23 | | Section 75. The Emergency Medical Services (EMS) Systems |
| 24 | | Act is amended by repealing Section 3.60.
|
| 25 | | Section 99. Effective date. This Act takes effect upon |