Public Act 103-0779
 
SB3134 EnrolledLRB103 37193 CES 67312 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Emergency Medical Services (EMS) Systems 
Act is amended by changing Section 3.40 as follows:
 
    (210 ILCS 50/3.40)
    Sec. 3.40. EMS System Participation Suspensions and Due 
Process.
    (a) An EMS Medical Director may suspend from participation 
within the System any EMS personnel, EMS Lead Instructor (LI), 
individual, individual provider or other participant 
considered not to be meeting the requirements of the Program 
Plan of that approved EMS System. An EMS Medical Director must 
submit a suspension order to the Department describing which 
requirements of the Program Plan were not met and the 
suspension's duration. The Department shall review and confirm 
receipt of the suspension order, request additional 
information, or initiate an investigation. The Department 
shall incorporate the duration of that suspension into any 
further action taken by the Department to suspend, revoke, or 
refuse to issue or renew the license of the individual or 
entity for any violation of this Act or the Program Plan 
arising from the same conduct for which the suspension order 
was issued if the suspended party has neither requested a 
Department hearing on the suspension nor worked as a provider 
in any other System during the term of the suspension. 
    (b) Prior to suspending any individual or entity, an EMS 
Medical Director shall provide an opportunity for a hearing 
before the local System review board in accordance with 
subsection (f) and the rules promulgated by the Department.
        (1) If the local System review board affirms or 
    modifies the EMS Medical Director's suspension order, the 
    individual or entity shall have the opportunity for a 
    review of the local board's decision by the State EMS 
    Disciplinary Review Board, pursuant to Section 3.45 of 
    this Act.
        (2) If the local System review board reverses or 
    modifies the EMS Medical Director's order, the EMS Medical 
    Director shall have the opportunity for a review of the 
    local board's decision by the State EMS Disciplinary 
    Review Board, pursuant to Section 3.45 of this Act.
        (3) The suspension shall commence only upon the 
    occurrence of one of the following:
            (A) the individual or entity has waived the 
        opportunity for a hearing before the local System 
        review board;
            (B) the order has been affirmed or modified by the 
        local system review board and the individual or entity 
        has waived the opportunity for review by the State 
        Board; or
            (C) the order has been affirmed or modified by the 
        local system review board, and the local board's 
        decision has been affirmed or modified by the State 
        Board.
    (c) An individual interviewed or investigated by the local 
system review board or the Department shall have the right to a 
union representative and legal counsel of the individual's 
choosing present at any interview. The union representative 
must comply with any confidentiality requirements and 
requirements for the protection of any patient information 
presented during the proceeding. 
    (d) An EMS Medical Director may immediately suspend an 
EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, 
PHAPRN, or other individual or entity if he or she finds that 
the continuation in practice by the individual or entity would 
constitute an imminent danger to the public. The suspended 
individual or entity shall be issued an immediate verbal 
notification followed by a written suspension order by the EMS 
Medical Director which states the length, terms and basis for 
the suspension.
        (1) Within 24 hours following the commencement of the 
    suspension, the EMS Medical Director shall deliver to the 
    Department, by messenger, telefax, or other 
    Department-approved electronic communication, a copy of 
    the suspension order and copies of any written materials 
    which relate to the EMS Medical Director's decision to 
    suspend the individual or entity. All medical and 
    patient-specific information, including Department 
    findings with respect to the quality of care rendered, 
    shall be strictly confidential pursuant to the Medical 
    Studies Act (Part 21 of Article VIII of the Code of Civil 
    Procedure). 
        (2) Within 24 hours following the commencement of the 
    suspension, the suspended individual or entity may deliver 
    to the Department, by messenger, telefax, or other 
    Department-approved electronic communication, a written 
    response to the suspension order and copies of any written 
    materials which the individual or entity feels are 
    appropriate. All medical and patient-specific information, 
    including Department findings with respect to the quality 
    of care rendered, shall be strictly confidential pursuant 
    to the Medical Studies Act. 
        (3) Within 24 hours following receipt of the EMS 
    Medical Director's suspension order or the individual or 
    entity's written response, whichever is later, the 
    Director or the Director's designee shall determine 
    whether the suspension should be stayed pending an 
    opportunity for a hearing or review in accordance with 
    this Act, or whether the suspension should continue during 
    the course of that hearing or review. When an immediate 
    suspension order is not stayed, the Director or the 
    Director's designee within the Department shall identify 
    if that suspension shall immediately apply to statewide 
    participation only in situations when a licensee has been 
    charged with a crime while performing the licensee's 
    official duties as an EMR, EMD, EMT, EMT-I, A-EMT, 
    Paramedic, ECRN, TNS, PHRN, LI, PHPA, or PHAPRN and the 
    licensee's continuation to practice poses the possibility 
    of imminent harm to the public based off factual evidence 
    provided to the Department. The determination to issue an 
    immediate statewide suspension shall not deny the right to 
    due process to a licensee. The Director or the Director's 
    designee shall issue this determination to the EMS Medical 
    Director, who shall immediately notify the suspended 
    individual or entity. The suspension shall remain in 
    effect during this period of review by the Director or the 
    Director's designee. 
    (e) Upon issuance of a suspension order for reasons 
directly related to medical care, the EMS Medical Director 
shall also provide the individual or entity with the 
opportunity for a hearing before the local System review 
board, in accordance with subsection (f) and the rules 
promulgated by the Department.
        (1) If the local System review board affirms or 
    modifies the EMS Medical Director's suspension order, the 
    individual or entity shall have the opportunity for a 
    review of the local board's decision by the State EMS 
    Disciplinary Review Board, pursuant to Section 3.45 of 
    this Act.
        (2) If the local System review board reverses or 
    modifies the EMS Medical Director's suspension order, the 
    EMS Medical Director shall have the opportunity for a 
    review of the local board's decision by the State EMS 
    Disciplinary Review Board, pursuant to Section 3.45 of 
    this Act.
        (3) The suspended individual or entity may elect to 
    bypass the local System review board and seek direct 
    review of the EMS Medical Director's suspension order by 
    the State EMS Disciplinary Review Board.
    (f) The Resource Hospital shall designate a local System 
review board in accordance with the rules of the Department, 
for the purpose of providing a hearing to any individual or 
entity participating within the System who is suspended from 
participation by the EMS Medical Director. The EMS Medical 
Director shall arrange for a certified shorthand reporter to 
make a stenographic record of that hearing and thereafter 
prepare a transcript of the proceedings. The EMS Medical 
Director shall inform the individual of the individual's right 
to have a union representative and legal counsel of the 
individual's choosing present at any interview. The union 
representative must comply with any confidentiality 
requirements and requirements for the protection of any 
patient information presented during the proceeding. The 
transcript, all documents or materials received as evidence 
during the hearing and the local System review board's written 
decision shall be retained in the custody of the EMS system. 
The System shall implement a decision of the local System 
review board unless that decision has been appealed to the 
State Emergency Medical Services Disciplinary Review Board in 
accordance with this Act and the rules of the Department.
    (g) The Resource Hospital shall implement a decision of 
the State Emergency Medical Services Disciplinary Review Board 
which has been rendered in accordance with this Act and the 
rules of the Department.
(Source: P.A. 103-521, eff. 1-1-24.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.