HB3208 98TH GENERAL ASSEMBLY

LRB098 11172 OMW 41883 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3208

Introduced , by Rep. Michael Unes

SYNOPSIS AS INTRODUCED:

50 ILCS 705/10.14 new
55 ILCS 5/3-6013	from Ch. 34, par. 3-6013
55 ILCS 5/3-6015.1 new
65 ILCS 5/3.1-30-20	from Ch. 24, par. 3.1-30-20
65 ILCS 5/11-1-1.05 new
30 ILCS 805/8.37 new

Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall certify Tactical Medicine Providers. Provides that in order to be eligible for certification the person must be an Emergency Medical Technician, Advanced Emergency Medical Technician, paramedic, nurse, physician assistant, advanced practice nurse physician, dentist, or other medical provider designated by the Board. Establishes additional training requirements for Tactical Medicine Providers. Amends the Counties Code and the Illinois Municipal Code. Provides that Tactical Medicine Providers may assist the sheriff or police chief, including but not limited to, Special Weapons And Tactics (SWAT), special operations, search and rescue, and disaster response teams. Provides that Tactical Medicine Providers may be assigned to a Special Weapons And Tactics (SWAT) team designated by the sheriff or police chief. Provides that a Tactical Medicine Provider does not have the power of arrest and shall not be considered a conservator of the peace. Provides that immediately prior to, during, and immediately after an authorized deployment or mission, a sheriff or police chief may authorize and direct a Tactical Medicine Provider to carry a firearm for self-protection and protection of their patients and casualties, which may include wounded law enforcement officers. Prescribes the duties of Tactical Medicine Providers. Permits TMPs to live outside the county served by the local law enforcement agency that employs him or her.

A BILL FOR

AN ACT concerning Tactical Medicine Providers.

WHEREAS, Law enforcement agencies and their special teams function in high-threat environments, such as encountering active shooters in schools, malls, and religious institutions, engaging domestic terrorists, neutralizing methamphetamine labs, serving high-risk arrest and search warrants, addressing barricaded suspects holding hostages, and facing a variety of other life threatening situations; and

WHEREAS, Many law enforcement agencies must face these extreme hazards without the emergency medical care that is provided to citizens of Illinois through the Emergency Medical Services system because EMTs and paramedics are not permitted within the inner perimeter of the hot zone; therefore

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

Section 5. The Illinois Police Training Act is amended by adding Section 10.14 as follows:

(50 ILCS 705/10.14 new)

Sec. 10.14. Tactical Medicine Provider.

(a) The Board shall certify Tactical Medicine Providers. A person is eligible for certification as a Tactical Medicine Provider (TMP) if he or she is licensed as follows:

(1) by the Department of Public Health as an Emergency Medical Technician-Basic (EMT-B), an Emergency Medical Technician-Intermediate (EMT-I), or an Emergency Medical Technician-Paramedic (EMT-P) under the Emergency Medical Services (EMS) Systems Act;

(2) by the Department of Financial and Professional Regulation as a physician (whether licensed to practice medicine in all of its branches or licensed as a chiropractic physician) under the Medical Practice Act of 1987;

(3) by the Department of Financial and Professional Regulation as a practical nurse, registered nurse, or advanced practice nurse under the Nurse Practice Act;

(4) by the Department of Financial and Professional Regulation as a physician assistant under the Physician Assistant Practice Act of 1987; or

(5) by the Department of Financial and Professional Regulation as a dentist under the Illinois Dental Practice Act.

The Board may designate other medical providers as eligible for certification as Tactical Medicine Providers.

(b) The Board shall require a person to receive the following training in order to be eligible for certification as a Tactical Medicine Provider:

(1) Completion of a standard 40 hour tactical emergency medicine training course at a reputable school, such as the International School of Tactical Medicine (approved by the Department of Homeland Security), Counter Narcotics and Terrorism Operational Medical Support (CONTOMS), or other reputable tactical emergency medical specialist (TEMS) training program, as the Board may approve.

(2) Completion of a course of study in Tactical Law Enforcement that develops proficiency in the area that the TMP is assigned. This may include a 40-hour component that shall enable the TMP to learn and become proficient in Special Weapons And Tactics (SWAT). This may be completed by routine training with the TMP's agency, or at a certified course, such as a standard 40-hour SWAT course.

(3) A 40-hour firearms training course and additional firearms training conducted with the TMP's tactical team on an ongoing basis to maintain competency in safely handling weapons and disarming downed officers and suspects.

(4) Routine on-going tactical and medical training with the law enforcement agency that the TMP is supporting, including training in topics such as officer-down scenarios, familiarization with weapons and tactics, and medical support during training and operations.

(5) Training in blood-borne pathogens, hazardous materials, weapons of mass destruction, terrorism-related topics, self defense tactics, environmental medicine, law enforcement, and other advanced training.

(6) Such other education and training deemed appropriate by the Board.

(c) In determining what training under items (1), (4), and (5) of subsection (b) of this Section is appropriate, the Board shall consult with and receive the approval of the Director of Public Health and the State Emergency Medical Services Advisory Council before authorizing those particular courses of training.

(d) A sheriff or municipal police chief may employ or may receive volunteer service from one or more Tactical Medicine Providers pursuant to Section 3-6015.1 of the Counties Code and Section 11-1-1.05 of the Illinois Municipal Code.

(e) Any TMP serving a law enforcement agency may apply for a Non-transport Provider license with the Department of Public Health and shall comply with existing rules regarding such licensure.

(f) A Tactical Medicine Provider certified under this Act shall not, as a result of his or her acts or omissions in performing his or her duties as a TMP, be subject to disciplinary or other adverse action under the Emergency Medical Services (EMS) Systems Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Physician Assistant Practice Act of 1987, the Illinois Dental Practice Act, or any other Act that licenses professions that the Board deems eligible for certification as Tactical Medicine Providers.

Section 10. The Counties Code is amended by changing Section 3-6013 and adding Section 3-6015.1 as follows:

(55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)

Sec. 3-6013. Duties, training and compensation of auxiliary deputies. Auxiliary deputies shall not supplement members of the regular county police department or regular deputies in the performance of their assigned and normal duties, except as provided herein. Auxiliary deputies may be assigned and directed by the sheriff to perform the following duties in the county:

To aid or direct traffic within the county, to aid in control of natural or human made disasters, to aid in case of civil disorder as assigned and directed by the sheriff, provided, that in emergency cases which render it impractical for members of the regular county police department or regular deputies to perform their assigned and normal duties, the sheriff is hereby authorized to assign and direct auxiliary deputies to perform such regular and normal duties. Identification symbols worn by such auxiliary deputies shall be different and distinct from those used by members of the regular county police department or regular deputies. Such auxiliary deputies shall at all times during the performance of their duties be subject to the direction and control of the sheriff of the county. Such auxiliary deputies shall not carry firearms, except with the permission of the sheriff, and only while in uniform and in the performance of their assigned duties.

Auxiliary deputies, prior to entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures as shall be appropriate in the exercise of the powers conferred upon them under this Division, which training and course of study shall be determined and provided by the sheriff of each county utilizing auxiliary deputies, provided that, before being permitted to carry a firearm an auxiliary deputy must have the same course of training as required of peace officers in Section 2 of the Peace Officer Firearm Training Act. The county authorities shall require that all auxiliary deputies be residents of the county served by them. Prior to the appointment of any auxiliary deputy his or her fingerprints shall be taken and no person shall be appointed as such auxiliary deputy if he or she has been convicted of a felony or other crime involving moral turpitude.

Auxiliary deputies may receive such compensation as is set by the County Board, with the advice and consent of the Sheriff, not to exceed the lowest hourly pay of a full-time sworn member of the regular county police or sheriff's department and not be paid a salary, except as provided in Section 3-6036, but may be reimbursed for actual expenses incurred in performing their assigned duty. The County Board must approve such actual expenses and arrange for payment.

Auxiliary deputies who have been certified by the Illinois Law Enforcement Training Standards Board as Tactical Medicine Providers shall perform the duties prescribed to them in Section 3-6015.1.

Nothing in this Division shall preclude an auxiliary deputy from holding a simultaneous appointment as an auxiliary police officer pursuant to Section 3-6-5 of the Illinois Municipal Code.

(Source: P.A. 97-379, eff. 8-15-11.)

(55 ILCS 5/3-6015.1 new)

Sec. 3-6015.1. Law enforcement agency support; Tactical Medicine Providers.

(a) A sheriff may employ or may receive volunteer service from one or more Tactical Medicine Providers. The sheriff may designate persons as auxiliary deputies who are certified by the Illinois Law Enforcement Training Standards Board as Tactical Medicine Providers.

(b) A Tactical Medicine Provider may be assigned to a law enforcement agency, including special teams such as component of the sheriff's department including, but not limited to, SWAT, special operations, search and rescue, and disaster response. One or more Tactical Medicine Providers assigned to a SWAT team shall be considered a Tactical Emergency Medical Support Unit and pre-hospital emergency care providers. Before the sheriff deploys a Tactical Emergency Medical Support Unit assigned to a SWAT team, the sheriff must receive the approval of the Unit by the Department of Public Health.

(c) A Tactical Medicine Provider does not have the power of arrest and shall not be considered a conservator of the peace.

(d) The sheriff may authorize a Tactical Medicine Provider to carry a firearm during deployment, including a SWAT team mission, and at times immediately prior to and after the mission, as designated by the sheriff.

(e) The Tactical Medicine Provider shall have the following duties:

(1) Prior to a law enforcement agency team deployment or SWAT team mission to:

(A) attend tactical team training sessions;

(B) provide preventive medicine, health maintenance, and injury control measures;

(C) provide medical care to team members who become injured or ill at training;

(D) provide education in first aid and combat casualty care to team members, including providing instruction in CPR, combat first aid, ballistics, field medicine, and other medically-related topics that pertain to the tactical environment, practicing "officer down" immediate action drills, extractions, and other scenarios;

(E) prepare the tactical medicine team to deal with pertinent medical threats and hazards expected at training event and call-outs;

(F) identify and prepare for any pre-existing medical condition of team members;

(G) make recommendations to optimize internal policies related to Tactical Emergency Medical Services (TEMS) and general law enforcement health issues; and

(H) serve as a resource for any medical concerns that affect the sheriff's office.

(2) During a mission "call-out", a Tactical Medicine Provider shall:

(A) remain available to provide emergency medical care for those in need;

(B) participate in mission planning, preparing an assessment of medical threats, and providing appropriate advice while keeping missions appropriately confidential to avoid any information leaks that would jeopardize the mission;

(C) pre-plan and arrange emergency medical evacuation and transportation pertinent to the mission, including methods of transport, appropriate hospitals, and route planning;

(D) provide appropriate preventive and immediate medical care to tactical team members, other law enforcement officers, and public safety personnel;

(E) provide secondary emergency care to bystanders, suspects, or others on site at the discretion of the team leader or commander;

(F) provide "assessment and clearing" of suspects prior to incarceration as directed by the team leader or commander;

(G) advise the command staff of developing medical concerns, and remaining available for medical consultation to the team leader or commander;

(H) perform remote assessment or "medicine across the barricade" of any downed victims in exposed areas and then advising the commander about the likely viability of the victim or victims and injuries;

(I) improve team performance and morale by the presence of immediate medical support; and

(J) function as a liaison with the local Emergency Medical Services (EMS) System, hospitals, and officials from other public safety and law enforcement agencies.

(3) After a mission, a Tactical Medicine Provider may be involved in the following post-incident support activities:

(A) participating in post-incident debriefing and review, assisting command staff with analysis of the operation or training event, or both, and any medical care delivered, and making improvements to the tactical medicine unit, policies, and procedures as needed;

(B) reviewing and documenting all medical treatment and records relevant to operational or training missions;

(C) appropriately optimizing treatment, rehabilitation, and mental health for injured officers through "ombudsman" involvement with hospitals, physicians, family, and sheriff's office officials, while maintaining HIPAA and patient confidentiality regulations; and

(D) Incorporating "lessons learned" into future unit training and preparedness, assisting with preventive medicine efforts, and improving care.

(f) A Tactical Medicine Provider may reside outside the limits of the county served by the law enforcement agency of his or her employment.

(g) The sheriff may authorize Tactical Medicine Providers that are assigned to a law enforcement agency or a SWAT team, or both, to deploy with that team to any location in the State of Illinois or other state to which the responding team is ordered. If the location is in a different EMS system, then the TMP (if a non-physician) shall report to his or her regular EMS Medical Director for the duration of the deployment and shall continue to abide by his or her normal EMS medical and tactical medicine protocols. Liability coverage for officers and TMPs during deployment across county or state lines including, but not limited to, health insurance, disability insurance, worker's compensation, and other insurance coverage, shall not be altered by the deployment.

(h) If a Tactical Medicine Provider is serving as a volunteer and engaged in one or more of the duties described in subsection (e) of this Section, or an act ancillary thereto:

(1) he or she shall be treated as if the TMP is a "public employee" under the Local Governmental and Governmental Employees Tort Immunity Act; and

(2) the acts, or omissions to act, of the TMP shall be deemed to have been for public and governmental purposes and subject to immunity from liability to the same extent as an employee of a governmental entity of this State for whom the TMP is a volunteer.

Section 15. The Illinois Municipal Code is amended by changing Section 3.1-30-20 and adding Section 11-1-1.05 as follows:

(65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)

Sec. 3.1-30-20. Auxiliary police officers.

(a) Auxiliary police officers shall not be members of the regular police department of the municipality. Auxiliary police officers shall not supplement members of the regular police department of any municipality in the performance of their assigned and normal duties, except as otherwise provided in this Code. Auxiliary police officers shall only be assigned to perform the following duties in a municipality: (i) to aid or direct traffic within the municipality, (ii) to aid in control of natural or man made disasters, and (iii) to aid in case of civil disorder as directed by the chief of police. When it is impractical for members of the regular police department to perform those normal and regular police duties, however, the chief of police of the regular police department may assign auxiliary police officers to perform those normal and regular police duties. Identification symbols worn by auxiliary police officers shall be different and distinct from those used by members of the regular police department. Auxiliary police officers shall at all times during the performance of their duties be subject to the direction and control of the chief of police of the municipality. Auxiliary police officers shall not carry firearms, except with the permission of the chief of police and while in uniform and in the performance of their duties. Auxiliary police officers, when on duty, shall also be conservators of the peace and shall have the powers specified in Section 3.1-15-25.

(b) Auxiliary police officers, before entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures appropriate for the exercise of the powers conferred upon them under this Code. The training and course of study shall be determined and provided by the corporate authorities of each municipality employing auxiliary police officers. Before being permitted to carry a firearm, however, an auxiliary police officer must have the same course of training as required of peace officers under Section 2 of the Peace Officer Firearm Training Act. The municipal authorities may require that all auxiliary police officers be residents of the municipality served by them. Before the appointment of an auxiliary police officer, the person's fingerprints shall be taken, and no person shall be appointed as an auxiliary police officer if that person has been convicted of a felony or other crime involving moral turpitude.

(b-5) Auxiliary police officers who have been certified by the Illinois Law Enforcement Training Standards Board as Tactical Medicine Providers shall perform the duties prescribed to them in Section 11-1-1.05.

(c) The Line of Duty Compensation Act shall be applicable to auxiliary police officers upon their death in the line of duty described in this Code.

(Source: P.A. 94-984, eff. 6-30-06.)

(65 ILCS 5/11-1-1.05 new)

Sec. 11-1-1.05. Law enforcement agency support; Tactical Medicine Providers.

(a) A municipal police chief may employ or may receive volunteer service from one or more Tactical Medicine Providers. The municipal police chief may designate persons as auxiliary police officers who are certified by the Illinois Law Enforcement Training Standards Board as Tactical Medicine Providers.

(b) A Tactical Medicine Provider may be assigned to a Law Enforcement Agency, including special teams such as a Special Weapons And Tactics (SWAT) team, designated by the municipal police chief. One or more Tactical Medicine Providers assigned to a SWAT team shall be considered a Tactical Emergency Medical Support Unit and pre-hospital emergency care providers. Before the municipal police chief deploys a Tactical Emergency Medical Support Unit assigned to a SWAT team, the municipal police chief must receive the approval of the Unit by the Department of Public Health.

(c) A Tactical Medicine Provider does not have the power of arrest and shall not be considered a conservator of the peace.

(d) The municipal police chief may authorize a Tactical Medicine Provider to carry a firearm during a law enforcement agency deployment, such as a SWAT team mission, and at times immediately prior to and after the mission as designated by the municipal police chief.

(e) The Tactical Medicine Provider shall have the following duties:

(1) Prior to a SWAT team mission to:

(A) attend tactical team training sessions;

(B) provide preventive medicine, health maintenance, and injury control measures;

(C) provide medical care to team members who become injured or ill at training;

(D) provide education in first aid and combat casualty care to team members, including providing instruction in CPR, combat first aid, ballistics, field medicine, and other medically-related topics that pertain to the tactical environment, practicing "officer down" immediate action drills, extractions, and other scenarios;

(E) prepare the tactical medicine team to deal with pertinent medical threats and hazards expected at training event and call-outs;

(F) identify and prepare for any pre-existing medical condition of team members;

(G) make recommendations to optimize internal policies related to Tactical Emergency Medical Services (TEMS) and general law enforcement health issues; and

(H) serve as a resource for any medical concerns that affect the sheriff's office.

(2) During a mission "call-out", a Tactical Medicine Provider shall:

(A) remain available to provide emergency medical care for those in need;

(B) participate in mission planning, preparing an assessment of medical threats, and providing appropriate advice while keeping missions appropriately confidential to avoid any information leaks that would jeopardize the mission;

(C) pre-plan and arrange emergency medical evacuation and transportation pertinent to the mission, including methods of transport, appropriate hospitals, and route planning;

(D) provide appropriate preventive and immediate medical care to tactical team members, other law enforcement officers, and public safety personnel;

(E) provide secondary emergency care to bystanders, suspects, or others on site at the discretion of the team leader or commander;

(F) provide "assessment and clearing" of suspects prior to incarceration as directed by the team leader or commander;

(G) advise the command staff of developing medical concerns, and remaining available for medical consultation to the team leader or commander;

(H) perform remote assessment or "medicine across the barricade" of any downed victims in exposed areas and then advising the commander about the likely viability of the victim or victims and injuries;

(I) improve team performance and morale by the presence of immediate medical support; and

(J) function as a liaison with the local Emergency Medical Services (EMS) System, hospitals, and officials from other public safety and law enforcement agencies.

(3) After a mission, a Tactical Medicine Provider may be involved in the following post-incident support activities:

(A) participating in post-incident debriefing and review, assisting command staff with analysis of the operation or training event, or both, and any medical care delivered, and making improvements to the tactical medicine unit, policies, and procedures as needed;

(B) reviewing and documenting all medical treatment and records relevant to operational or training missions;

(C) appropriately optimizing treatment, rehabilitation, and mental health for injured officers through "ombudsman" involvement with hospitals, physicians, family, and sheriff's office officials, while maintaining HIPAA and patient confidentiality regulations; and

(D) Incorporating "lessons learned" into future unit training and preparedness, assisting with preventive medicine efforts, and improving care.

(f) A Tactical Medicine Provider may reside outside the limits of the municipality served by the law enforcement agency of his or her employment.

(g) The municipal police chief may authorize Tactical Medicine Providers that are assigned to a law enforcement agency or a SWAT team, or both, to deploy with that team to any location in the State of Illinois or other state to which the responding team is ordered. If the location is in a different EMS system, then the TMP (if a non-physician) shall report to his or her regular EMS Medical Director for the duration of the deployment and shall continue to abide by his or her normal EMS medical and tactical medicine protocols. Liability coverage for officers and TMPs during deployment across county or state lines including, but not limited to, health insurance, disability insurance, workmen's compensation, and other insurance coverage, shall not be altered by the deployment.

(h) If a Tactical Medicine Provider is serving as a volunteer and engaged in one or more of the duties described in subsection (e) of this Section, or an act ancillary thereto:

(1) he or she shall be treated as if the TMP is a "public employee" under the Local Governmental and Governmental Employees Tort Immunity Act; and

(2) the acts, or omissions to act, of the TMP shall be deemed to have been for public and governmental purposes and subject to immunity from liability to the same extent as an employee of a governmental entity of this State for whom the TMP is a volunteer.

Section 90. The State Mandates Act is amended by adding Section 8.37 as follows:

(30 ILCS 805/8.37 new)

Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 98th General Assembly.