EMS MENTAL FACILITY TRANSPORT

Illinois General Assembly - Full Text of HB5193

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Full Text of HB5193

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HB5193 - 104th General Assembly

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HB5193 Enrolled
LRB104 17349 BAB 30774 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Emergency Medical Services (EMS) Systems
5
Act is amended by changing Section 3.155 as follows:

6

(210 ILCS 50/3.155)
7

Sec. 3.155.
General provisions.
8

(a) Authority and responsibility for the EMS System shall
9
be vested in the EMS Resource Hospital, through the EMS
10
Medical Director or his designee.
11

(b) For an inter-hospital emergency or non-emergency
12
medical transport, in which the physician from the sending
13
hospital provides the EMS personnel with written medical
14
orders, such written medical orders cannot exceed the scope of
15
care which the EMS personnel are authorized to render pursuant
16
to this Act.
17

(c) For an inter-hospital emergency or non-emergency
18
medical transport of a patient who requires medical care
19
beyond the scope of care which the EMS personnel are
20
authorized to render pursuant to this Act, a qualified
21
physician, nurse, perfusionist, or respiratory therapist
22
familiar with the scope of care needed must accompany the
23
patient and the transferring hospital and physician shall

HB5193 Enrolled
- 2 -
LRB104 17349 BAB 30774 b
1
assume medical responsibility for that portion of the medical
2
care.
3

(d) No emergency medical services vehicles or personnel
4
from another State or nation may be utilized on a regular basis
5
to pick up and transport patients within this State without
6
first complying with this Act and all rules adopted by the
7
Department pursuant to this Act.
8

(e) This Act shall not prevent emergency medical services
9
vehicles or personnel from another State or nation from
10
rendering requested assistance in this State in a disaster
11
situation, or operating from a location outside the State and
12
occasionally transporting patients into this State for needed
13
medical care. Except as provided in Section 31 of this Act,
14
this Act shall not provide immunity from liability for such
15
activities.
16

(f) Except as provided in subsection (e) of this Section,
17
no person or entity shall transport emergency or non-emergency
18
patients by ambulance, SEMSV, or medical carrier without first
19
complying with the provisions of this Act and all rules
20
adopted pursuant to this Act.
21

(g) Nothing in this Act or the rules adopted by the
22
Department under this Act shall be construed to authorize any
23
medical treatment to or transportation of any person who
24
objects on religious grounds.
25

(h) Patients, individuals who accompany a patient, and
26
emergency medical services personnel may not smoke while

HB5193 Enrolled
- 3 -
LRB104 17349 BAB 30774 b
1
inside an ambulance or SEMSV. The Department of Public Health
2
may impose a civil penalty on an individual who violates this
3
subsection in the amount of $100.
4

(i) When a patient has been determined by EMS personnel to
5
(1) have no immediate life-threatening injuries or illness,
6
(2)
not be under the influence of drugs or alcohol, (3)
have no
7
immediate or obvious need for transport to an emergency
8
department, and
(3)

(4)
have an immediate need for transport
9
to an EMS System-approved mental health facility, the EMS
10
personnel may contact Online Medical Control or his or her EMS
11
Medical Director or Emergency Communications Registered Nurse
12
to request bypass or diversion of the closest emergency
13
department, as outlined in paragraph (5) of subsection (c) of
14
Section 3.20, and request transport to the closest or
15
appropriate EMS System-approved mental health facility. In
16
addition, EMS personnel may transport a patient to an EMS
17
System-approved urgent care or immediate care facility that
18
meets the proper criteria and is approved by Online Medical
19
Control or his or her EMS Medical Director or Emergency
20
Communications Registered Nurse.
21
(Source: P.A. 102-623, eff. 8-27-21.)

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