(210 ILCS 50/3.45)
(Text of Section before amendment by P.A. 103-521)
Sec. 3.45. State Emergency Medical Services Disciplinary
Review Board. (a) The Governor shall appoint a State Emergency
Medical Services Disciplinary Review Board, composed of an
EMS Medical Director, an EMS System Coordinator, a Paramedic, an Emergency
Medical Technician (EMT), and the following members,
who shall only review cases in which a party is from the
same professional category: a Pre-Hospital Registered Nurse, a Pre-Hospital Advanced Practice Registered Nurse, a Pre-Hospital Physician Assistant, an ECRN, a
Trauma Nurse Specialist, an Emergency Medical
Technician-Intermediate (EMT-I), an Advanced Emergency Medical Technician (A-EMT), a representative from a
private vehicle service provider, a representative from a
public vehicle service provider, and an emergency physician
who monitors telecommunications from and gives voice orders
to EMS personnel. The Governor shall also appoint one
alternate for each member of the Board, from the same
professional category as the member of the Board.
(b) The members
shall be appointed for a term of 3 years. All appointees
shall serve until their successors are appointed. The
alternate members shall be appointed and serve in the same
fashion as the members of the Board. If a member resigns
his or her appointment, the corresponding alternate shall serve the
remainder of that member's term until a subsequent member is
appointed by the Governor.
(c) The function of the Board is to review and affirm,
reverse or modify disciplinary orders.
(d) Any individual or entity, who received an immediate suspension from an EMS
Medical Director may request the Board to reverse or modify
the suspension order. If the suspension had been affirmed
or modified by a local System review board, the suspended individual or entity
may request the Board to reverse or modify the
local board's decision.
(e) Any individual or entity who received a non-immediate suspension order
from an EMS Medical Director which was affirmed or modified
by a local System review board may request the Board to
reverse or modify the local board's decision.
(f) An EMS Medical Director whose suspension order
was reversed or modified by a local System review board may
request the Board to reverse or modify the local board's
decision.
(g) The Board shall meet on the first
Tuesday of every month, unless no requests for review have
been submitted. Additional meetings of the Board shall be
scheduled to ensure that a request for direct
review of an immediate suspension order is scheduled within
14 days after the Department receives the request for review
or as soon thereafter as a quorum is available. The Board
shall meet in Springfield or Chicago, whichever location is
closer to the majority of the members or alternates
attending the meeting. The Department shall reimburse the
members and alternates of the Board for reasonable travel
expenses incurred in attending meetings of the Board.
(h) A request for review shall be submitted in
writing to the Chief of the Department's Division of Emergency
Medical Services and Highway Safety, within 10 days after
receiving the local board's decision or the EMS Medical
Director's suspension order, whichever is applicable, a copy
of which shall be enclosed.
(i) At its regularly scheduled meetings, the Board
shall review requests which have been received by the
Department at least 10 working days prior to the Board's
meeting date. Requests for review which are received less
than 10 working days prior to a scheduled meeting shall be
considered at the Board's next scheduled meeting, except
that requests for direct review of an immediate suspension
order may be scheduled up to 3 working days prior to the
Board's meeting date.
(j) A quorum shall be required for the Board to
meet, which shall consist of 3 members or alternates, including
the EMS Medical Director or alternate and the member or
alternate from the same professional category as the subject
of the suspension order. At each meeting of the Board, the
members or alternates present shall select a Chairperson to
conduct the meeting.
(k) Deliberations for decisions of the State EMS
Disciplinary Review
Board shall be conducted in closed session. Department
staff may attend for the purpose of providing clerical
assistance, but no other persons may be in attendance except
for the parties to the dispute being reviewed by the Board
and their attorneys, unless by request of the Board.
(l) The Board shall review the transcript,
evidence and written decision of the local review board or the
written decision and supporting documentation of the EMS
Medical Director, whichever is applicable, along with any
additional written or verbal testimony or argument offered
by the parties to the dispute.
(m) At the conclusion of its review, the Board
shall issue its decision and the basis for its decision on a form
provided by the Department, and shall submit to the
Department its written decision together with the record of
the local System review board. The Department shall
promptly issue a copy of the Board's decision to all
affected parties. The Board's decision shall be binding on
all parties.
(Source: P.A. 100-1082, eff. 8-24-19.)
(Text of Section after amendment by P.A. 103-521)
Sec. 3.45. State Emergency Medical Services Disciplinary
Review Board. (a) The Governor shall appoint a State Emergency
Medical Services Disciplinary Review Board, composed of an
EMS Medical Director, an EMS System Coordinator, a Paramedic, an Emergency
Medical Technician (EMT), and the following members,
who shall only review cases in which a party is from the
same professional category: a Pre-Hospital Registered Nurse, a Pre-Hospital Advanced Practice Registered Nurse, a Pre-Hospital Physician Assistant, an ECRN, a
Trauma Nurse Specialist, an Emergency Medical
Technician-Intermediate (EMT-I), an Advanced Emergency Medical Technician (A-EMT), a representative from a
private vehicle service provider, a representative from a
public vehicle service provider, and an emergency physician
who monitors telecommunications from and gives voice orders
to EMS personnel. The Governor shall also appoint one
alternate for each member of the Board, from the same
professional category as the member of the Board.
(b) The members
shall be appointed for a term of 3 years. All appointees
shall serve until their successors are appointed. The
alternate members shall be appointed and serve in the same
fashion as the members of the Board. If a member resigns
his or her appointment, the corresponding alternate shall serve the
remainder of that member's term until a subsequent member is
appointed by the Governor.
(c) The function of the Board is to review and affirm,
reverse or modify disciplinary orders.
(d) Any individual or entity, who received an immediate suspension from an EMS
Medical Director may request the Board to reverse or modify
the suspension order. If the suspension had been affirmed
or modified by a local System review board, the suspended individual or entity
may request the Board to reverse or modify the
local board's decision.
(e) Any individual or entity who received a non-immediate suspension order
from an EMS Medical Director which was affirmed or modified
by a local System review board may request the Board to
reverse or modify the local board's decision. The individual shall be informed of the individual's right to have one representative from the labor organization recognized as the exclusive representative of that individual's bargaining unit present and a legal representative present during the State Emergency Medical Services Disciplinary Review Board proceedings during open session. The labor organization's representative must also comply with all confidentiality requirements and requirements for the protection of any patient information presented during the proceeding.
(f) An EMS Medical Director whose suspension order
was reversed or modified by a local System review board may
request the Board to reverse or modify the local board's
decision.
(g) The Board shall meet on the first
Tuesday of every month, unless no requests for review have
been submitted. Additional meetings of the Board shall be
scheduled to ensure that a request for direct
review of an immediate suspension order is scheduled within
14 days after the Department receives the request for review
or as soon thereafter as a quorum is available. The Board
shall meet in Springfield or Chicago, whichever location is
closer to the majority of the members or alternates
attending the meeting. The Department shall reimburse the
members and alternates of the Board for reasonable travel
expenses incurred in attending meetings of the Board.
(h) A request for review shall be submitted in
writing to the Chief of the Department's Division of Emergency
Medical Services and Highway Safety, within 10 days after
receiving the local board's decision or the EMS Medical
Director's suspension order, whichever is applicable, a copy
of which shall be enclosed.
(i) At its regularly scheduled meetings, the Board
shall review requests which have been received by the
Department at least 10 working days prior to the Board's
meeting date. Requests for review which are received less
than 10 working days prior to a scheduled meeting shall be
considered at the Board's next scheduled meeting, except
that requests for direct review of an immediate suspension
order may be scheduled up to 3 working days prior to the
Board's meeting date.
(j) A quorum shall be required for the Board to
meet, which shall consist of 3 members or alternates, including
the EMS Medical Director or alternate and the member or
alternate from the same professional category as the subject
of the suspension order. At each meeting of the Board, the
members or alternates present shall select a Chairperson to
conduct the meeting.
(k) Deliberations for decisions of the State EMS
Disciplinary Review
Board shall be conducted in closed session. Department
staff may attend for the purpose of providing clerical
assistance, but no other persons may be in attendance except
for the parties to the dispute being reviewed by the Board
and their attorneys, unless by request of the Board.
(l) The Board shall review the transcript,
evidence, and written decision of the local review board, or the
written decision and supporting documentation of the EMS
Medical Director, whichever is applicable, along with any
additional written or verbal testimony or argument offered
by the parties to the dispute.
(m) At the conclusion of its review, the Board
shall issue its decision and the basis for its decision on a form
provided by the Department, and shall submit to the
Department its written decision together with the record of
the local System review board. The Department shall
promptly issue a copy of the Board's decision to all
affected parties. The Board's decision shall be binding on
all parties.
(Source: P.A. 103-521, eff. 1-1-24.)
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