093_HB3671

 
                                     LRB093 09207 AMC 09439 b

 1        AN ACT concerning emergency care.

 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 3.130 as follows:

 6        (210 ILCS 50/3.130)
 7        Sec. 3.130.  Violations; Plans of Correction.
 8        (a)  Except for emergency suspension  orders  or  actions
 9    initiated  pursuant to item (10) of subsection (b) of Section
10    3.90, the Department may suspend, revoke, or refuse to  renew
11    a  license, designation, or certification by serving a notice
12    of the violations and notice of opportunity for a hearing  on
13    the EMS licensee or entity.
14        (b)  In  addition  to  the reasons set forth in the other
15    Sections  of  this  Act  that  delineate   the   Department's
16    authority   and  responsibility  with  regard  to  issuing  a
17    license, designation, or certification,  the  Department  may
18    suspend,  revoke,  or refuse to renew a license, designation,
19    or certification when the  Department  finds  either  of  the
20    following:
21             (1)  That  there  has  been a substantial failure to
22        comply  with  this  Act  or  the  rules  adopted  by  the
23        Department under this Act.
24             (2)  That  the  licensee  or  individual   who   has
25        received   a   designation   or  certification  has  been
26        convicted of a felony or 2 or more misdemeanors involving
27        moral turpitude during the previous 5 years as shown by a
28        certified copy of the record of the court of conviction.
29        (c)  Notice under this Section shall include a clear  and
30    concise  statement of the violations on which the nonrenewal,
31    revocation, or suspension  is  based,  the  statute  or  rule
 
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 1    violated, and the opportunity for a hearing under item (8) of
 2    subsection (a) of Section 3.50 and Section 3.135 of this Act.
 3        (d)  To contest the nonrenewal, revocation, or suspension
 4    of a license, designation, or certification, the recipient of
 5    a  notice  of  nonrenewal,  revocation,  or  suspension  of a
 6    license,  designation,  or  certification  shall  notify  the
 7    Department in writing of his or her  request  for  a  hearing
 8    within  15  days  after  receipt  of  the  notice  under this
 9    Section.
10        (e)  Until  otherwise  ordered  by  an  Illinois  circuit
11    court, revocation and suspension is effective on the date set
12    by the Department in the notice of revocation or  suspension,
13    or  upon  the  execution  of the final order by the Director,
14    whichever is later.  Until otherwise ordered by  an  Illinois
15    circuit  court,  nonrenewal  is  effective  on  the  date  of
16    expiration   of   any   existing   license,  designation,  or
17    certification or upon the execution of the final order by the
18    Director, whichever is  later.  A  license,  designation,  or
19    certification  shall  not, however, be deemed to have expired
20    if the Department fails to timely respond to a timely request
21    for (i) renewal under this Act or (ii) a hearing  that  would
22    contest the nonrenewal.
23        (f)  The  Department, in its sole discretion, may require
24    the licensee or entity to do any of the following:
25             (1)  Submit a plan  of  correction  within  10  days
26        after receipt of the notice of violation.
27             (2)  Submit  a  modified  plan  of correction if the
28        Department rejects the initial plan  of  correction.  The
29        Department  shall  send a notice of rejection of the plan
30        of correction and the reason for the rejection. The party
31        shall have  10  days  after  receipt  of  the  notice  of
32        rejection   in   which  to  submit  a  modified  plan  of
33        correction.
34             (3)  Comply with an imposed plan of correction if  a
 
                            -3-      LRB093 09207 AMC 09439 b
 1        modified  plan  is not submitted in a timely manner or if
 2        the modified plan is rejected by the  Department.  Except
 3        for  emergency  suspension  orders,  or actions initiated
 4        pursuant to Section 3.90(b)(10) of  this  Act,  prior  to
 5        initiating  an action for suspension, revocation, denial,
 6        nonrenewal, or imposition of a fine pursuant to this Act,
 7        the Department shall:
 8        (a)  Issue a Notice  of  Violation  which  specifies  the
 9    Department's allegations of noncompliance and requests a plan
10    of correction to be submitted within 10 days after receipt of
11    the Notice of Violation;
12        (b)  Review and approve or reject the plan of correction.
13    If  the  Department  rejects the plan of correction, it shall
14    send  notice  of  the  rejection  and  the  reason  for   the
15    rejection.  The party shall have 10 days after receipt of the
16    notice of rejection in which to submit a modified plan;
17        (c)  Impose  a  plan  of correction if a modified plan is
18    not submitted in a timely manner or if the modified  plan  is
19    rejected by the Department;
20        (d)  Issue  a  Notice of Intent to fine, suspend, revoke,
21    nonrenew or deny if the party has failed to comply  with  the
22    imposed  plan  of  correction,  and provide the party with an
23    opportunity to request an administrative hearing.  The Notice
24    of Intent shall be effected by certified mail or by  personal
25    service,  shall  set  forth  the  particular  reasons for the
26    proposed action, and shall provide the party with 15 days  in
27    which to request a hearing.
28    (Source: P.A. 89-177, eff. 7-19-95.)