SB3134 EnrolledLRB103 37193 CES 67312 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems
5Act is amended by changing Section 3.40 as follows:
 
6    (210 ILCS 50/3.40)
7    Sec. 3.40. EMS System Participation Suspensions and Due
8Process.
9    (a) An EMS Medical Director may suspend from participation
10within the System any EMS personnel, EMS Lead Instructor (LI),
11individual, individual provider or other participant
12considered not to be meeting the requirements of the Program
13Plan of that approved EMS System. An EMS Medical Director must
14submit a suspension order to the Department describing which
15requirements of the Program Plan were not met and the
16suspension's duration. The Department shall review and confirm
17receipt of the suspension order, request additional
18information, or initiate an investigation. The Department
19shall incorporate the duration of that suspension into any
20further action taken by the Department to suspend, revoke, or
21refuse to issue or renew the license of the individual or
22entity for any violation of this Act or the Program Plan
23arising from the same conduct for which the suspension order

 

 

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1was issued if the suspended party has neither requested a
2Department hearing on the suspension nor worked as a provider
3in any other System during the term of the suspension.
4    (b) Prior to suspending any individual or entity, an EMS
5Medical Director shall provide an opportunity for a hearing
6before the local System review board in accordance with
7subsection (f) and the rules promulgated by the Department.
8        (1) If the local System review board affirms or
9    modifies the EMS Medical Director's suspension order, the
10    individual or entity shall have the opportunity for a
11    review of the local board's decision by the State EMS
12    Disciplinary Review Board, pursuant to Section 3.45 of
13    this Act.
14        (2) If the local System review board reverses or
15    modifies the EMS Medical Director's order, the EMS Medical
16    Director shall have the opportunity for a review of the
17    local board's decision by the State EMS Disciplinary
18    Review Board, pursuant to Section 3.45 of this Act.
19        (3) The suspension shall commence only upon the
20    occurrence of one of the following:
21            (A) the individual or entity has waived the
22        opportunity for a hearing before the local System
23        review board;
24            (B) the order has been affirmed or modified by the
25        local system review board and the individual or entity
26        has waived the opportunity for review by the State

 

 

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1        Board; or
2            (C) the order has been affirmed or modified by the
3        local system review board, and the local board's
4        decision has been affirmed or modified by the State
5        Board.
6    (c) An individual interviewed or investigated by the local
7system review board or the Department shall have the right to a
8union representative and legal counsel of the individual's
9choosing present at any interview. The union representative
10must comply with any confidentiality requirements and
11requirements for the protection of any patient information
12presented during the proceeding.
13    (d) An EMS Medical Director may immediately suspend an
14EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA,
15PHAPRN, or other individual or entity if he or she finds that
16the continuation in practice by the individual or entity would
17constitute an imminent danger to the public. The suspended
18individual or entity shall be issued an immediate verbal
19notification followed by a written suspension order by the EMS
20Medical Director which states the length, terms and basis for
21the suspension.
22        (1) Within 24 hours following the commencement of the
23    suspension, the EMS Medical Director shall deliver to the
24    Department, by messenger, telefax, or other
25    Department-approved electronic communication, a copy of
26    the suspension order and copies of any written materials

 

 

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1    which relate to the EMS Medical Director's decision to
2    suspend the individual or entity. All medical and
3    patient-specific information, including Department
4    findings with respect to the quality of care rendered,
5    shall be strictly confidential pursuant to the Medical
6    Studies Act (Part 21 of Article VIII of the Code of Civil
7    Procedure).
8        (2) Within 24 hours following the commencement of the
9    suspension, the suspended individual or entity may deliver
10    to the Department, by messenger, telefax, or other
11    Department-approved electronic communication, a written
12    response to the suspension order and copies of any written
13    materials which the individual or entity feels are
14    appropriate. All medical and patient-specific information,
15    including Department findings with respect to the quality
16    of care rendered, shall be strictly confidential pursuant
17    to the Medical Studies Act.
18        (3) Within 24 hours following receipt of the EMS
19    Medical Director's suspension order or the individual or
20    entity's written response, whichever is later, the
21    Director or the Director's designee shall determine
22    whether the suspension should be stayed pending an
23    opportunity for a hearing or review in accordance with
24    this Act, or whether the suspension should continue during
25    the course of that hearing or review. When an immediate
26    suspension order is not stayed, the Director or the

 

 

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1    Director's designee within the Department shall identify
2    if that suspension shall immediately apply to statewide
3    participation only in situations when a licensee has been
4    charged with a crime while performing the licensee's
5    official duties as an EMR, EMD, EMT, EMT-I, A-EMT,
6    Paramedic, ECRN, TNS, PHRN, LI, PHPA, or PHAPRN and the
7    licensee's continuation to practice poses the possibility
8    of imminent harm to the public based off factual evidence
9    provided to the Department. The determination to issue an
10    immediate statewide suspension shall not deny the right to
11    due process to a licensee. The Director or the Director's
12    designee shall issue this determination to the EMS Medical
13    Director, who shall immediately notify the suspended
14    individual or entity. The suspension shall remain in
15    effect during this period of review by the Director or the
16    Director's designee.
17    (e) Upon issuance of a suspension order for reasons
18directly related to medical care, the EMS Medical Director
19shall also provide the individual or entity with the
20opportunity for a hearing before the local System review
21board, in accordance with subsection (f) and the rules
22promulgated by the Department.
23        (1) If the local System review board affirms or
24    modifies the EMS Medical Director's suspension order, the
25    individual or entity shall have the opportunity for a
26    review of the local board's decision by the State EMS

 

 

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1    Disciplinary Review Board, pursuant to Section 3.45 of
2    this Act.
3        (2) If the local System review board reverses or
4    modifies the EMS Medical Director's suspension order, the
5    EMS Medical Director shall have the opportunity for a
6    review of the local board's decision by the State EMS
7    Disciplinary Review Board, pursuant to Section 3.45 of
8    this Act.
9        (3) The suspended individual or entity may elect to
10    bypass the local System review board and seek direct
11    review of the EMS Medical Director's suspension order by
12    the State EMS Disciplinary Review Board.
13    (f) The Resource Hospital shall designate a local System
14review board in accordance with the rules of the Department,
15for the purpose of providing a hearing to any individual or
16entity participating within the System who is suspended from
17participation by the EMS Medical Director. The EMS Medical
18Director shall arrange for a certified shorthand reporter to
19make a stenographic record of that hearing and thereafter
20prepare a transcript of the proceedings. The EMS Medical
21Director shall inform the individual of the individual's right
22to have a union representative and legal counsel of the
23individual's choosing present at any interview. The union
24representative must comply with any confidentiality
25requirements and requirements for the protection of any
26patient information presented during the proceeding. The

 

 

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1transcript, all documents or materials received as evidence
2during the hearing and the local System review board's written
3decision shall be retained in the custody of the EMS system.
4The System shall implement a decision of the local System
5review board unless that decision has been appealed to the
6State Emergency Medical Services Disciplinary Review Board in
7accordance with this Act and the rules of the Department.
8    (g) The Resource Hospital shall implement a decision of
9the State Emergency Medical Services Disciplinary Review Board
10which has been rendered in accordance with this Act and the
11rules of the Department.
12(Source: P.A. 103-521, eff. 1-1-24.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.