Bill Text: IL HB1595 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that an individual interviewed or investigated by an EMS Director or the Department of Public Health shall have the right to a union representative or legal counsel of the individual's choosing present at any interview or investigation and that the union representative must comply with the requirements for confidentiality and protection of patient information presented during the proceeding. In provisions concerning EMS System suspensions, provides that 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. Provides that the Department shall review and confirm receipt of the suspension order, request additional information, or initiate an investigation. Provides that 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 the provisions 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. Provides that a member of a fire department's or fire protection district's collective bargaining unit shall be eligible to work under a silver spanner program for another fire department EMS System that is not the full-time employer of that member, for a period not to exceed 2 weeks (rather than 12 months), if the member satisfies specified requirements. Changes the definition of "regional EMS Advisory Committee". Removes provisions concerning emergency medical services personnel licensure and provisions concerning complaint investigations. Makes other changes.
Spectrum: Moderate Partisan Bill (Democrat 40-11)
Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0521 [HB1595 Detail]
Download: Illinois-2023-HB1595-Enrolled.html
Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that an individual interviewed or investigated by an EMS Director or the Department of Public Health shall have the right to a union representative or legal counsel of the individual's choosing present at any interview or investigation and that the union representative must comply with the requirements for confidentiality and protection of patient information presented during the proceeding. In provisions concerning EMS System suspensions, provides that 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. Provides that the Department shall review and confirm receipt of the suspension order, request additional information, or initiate an investigation. Provides that 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 the provisions 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. Provides that a member of a fire department's or fire protection district's collective bargaining unit shall be eligible to work under a silver spanner program for another fire department EMS System that is not the full-time employer of that member, for a period not to exceed 2 weeks (rather than 12 months), if the member satisfies specified requirements. Changes the definition of "regional EMS Advisory Committee". Removes provisions concerning emergency medical services personnel licensure and provisions concerning complaint investigations. Makes other changes.
Spectrum: Moderate Partisan Bill (Democrat 40-11)
Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0521 [HB1595 Detail]
Download: Illinois-2023-HB1595-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Emergency Medical Services (EMS) Systems | ||||||
5 | Act is amended by changing Sections 3.5, 3.25, 3.40, 3.45, and | ||||||
6 | 3.55 as follows:
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7 | (210 ILCS 50/3.5)
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8 | Sec. 3.5. Definitions. As used in this Act:
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9 | "Clinical observation" means the ongoing observation of a | ||||||
10 | patient's condition by a licensed health care professional | ||||||
11 | utilizing a medical skill set while continuing assessment and | ||||||
12 | care. | ||||||
13 | "Department" means the Illinois Department of Public | ||||||
14 | Health.
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15 | "Director" means the Director of the Illinois Department | ||||||
16 | of Public Health.
| ||||||
17 | "Emergency" means a medical condition of recent onset and | ||||||
18 | severity that
would lead a prudent layperson, possessing an | ||||||
19 | average knowledge of medicine and
health, to believe that | ||||||
20 | urgent or unscheduled medical care is required.
| ||||||
21 | "Emergency Medical Services personnel" or "EMS personnel" | ||||||
22 | means persons licensed as an Emergency Medical Responder (EMR) | ||||||
23 | (First Responder), Emergency Medical Dispatcher (EMD), |
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1 | Emergency Medical Technician (EMT), Emergency Medical | ||||||
2 | Technician-Intermediate (EMT-I), Advanced Emergency Medical | ||||||
3 | Technician (A-EMT), Paramedic (EMT-P), Emergency | ||||||
4 | Communications Registered Nurse (ECRN), Pre-Hospital | ||||||
5 | Registered Nurse (PHRN), Pre-Hospital Advanced Practice | ||||||
6 | Registered Nurse (PHAPRN), or Pre-Hospital Physician Assistant | ||||||
7 | (PHPA). | ||||||
8 | "Exclusive representative" has the same meaning as defined | ||||||
9 | in Section 3 of the Illinois Public Labor Relations Act. | ||||||
10 | "Health care facility" means a hospital,
nursing home, | ||||||
11 | physician's office or other fixed location at which
medical | ||||||
12 | and health care services are performed. It does not
include | ||||||
13 | "pre-hospital emergency care settings" which utilize EMS | ||||||
14 | personnel to render
pre-hospital emergency care prior to the
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15 | arrival of a transport vehicle, as defined in this Act.
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16 | "Hospital" has the meaning ascribed to that
term in the | ||||||
17 | Hospital Licensing Act.
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18 | "Labor organization" has the same meaning as defined in | ||||||
19 | Section 3 of the Illinois Public Labor Relations Act. | ||||||
20 | "Medical monitoring" means the performance of medical | ||||||
21 | tests and physical exams to evaluate an individual's ongoing | ||||||
22 | exposure to a factor that could negatively impact that | ||||||
23 | person's health. "Medical monitoring" includes close | ||||||
24 | surveillance or supervision of patients liable to suffer | ||||||
25 | deterioration in physical or mental health and checks of | ||||||
26 | various parameters such as pulse rate, temperature, |
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1 | respiration rate, the condition of the pupils, the level of | ||||||
2 | consciousness and awareness, the degree of appreciation of | ||||||
3 | pain, and blood gas concentrations such as oxygen and carbon | ||||||
4 | dioxide. | ||||||
5 | "Silver spanner program" means a
program in which a member | ||||||
6 | under a fire department's or fire
protection district's | ||||||
7 | collective bargaining agreement works on
or at the EMS System | ||||||
8 | under another fire department's or fire
protection district's | ||||||
9 | collective bargaining agreement and (i)
the other fire | ||||||
10 | department or fire protection district is not
the member's | ||||||
11 | full-time employer and (ii) any EMS services not
included | ||||||
12 | under the original fire department's or fire protection | ||||||
13 | district's collective bargaining agreement are
included in the | ||||||
14 | other fire department's or fire protection district's | ||||||
15 | collective bargaining agreement. | ||||||
16 | "Trauma" means any significant injury which
involves | ||||||
17 | single or multiple organ systems.
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18 | (Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19.)
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19 | (210 ILCS 50/3.25)
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20 | Sec. 3.25. EMS Region Plan; Development.
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21 | (a) Within 6 months after designation of an EMS
Region, an | ||||||
22 | EMS Region Plan addressing at least the information
prescribed | ||||||
23 | in Section 3.30 shall be submitted to the
Department for | ||||||
24 | approval. The Plan shall be developed by the
Region's EMS | ||||||
25 | Medical Directors Committee with advice from the
Regional EMS |
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1 | Advisory Committee; portions of the plan
concerning trauma | ||||||
2 | shall be developed jointly with the Region's
Trauma Center | ||||||
3 | Medical Directors or Trauma Center Medical
Directors | ||||||
4 | Committee, whichever is applicable, with advice from
the | ||||||
5 | Regional Trauma Advisory Committee, if such Advisory
Committee | ||||||
6 | has been established in the Region. Portions of the Plan | ||||||
7 | concerning stroke shall be developed jointly with the Regional | ||||||
8 | Stroke Advisory Subcommittee.
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9 | (1) A Region's EMS Medical Directors
Committee shall | ||||||
10 | be comprised of the Region's EMS Medical Directors,
along | ||||||
11 | with the medical advisor to a fire department
vehicle | ||||||
12 | service provider. For regions which include a municipal | ||||||
13 | fire
department serving a population of over 2,000,000 | ||||||
14 | people, that fire
department's medical advisor shall serve | ||||||
15 | on the Committee. For other regions,
the fire department | ||||||
16 | vehicle service providers shall select which medical
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17 | advisor to serve on the Committee on an annual basis.
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18 | (2) A Region's Trauma Center Medical Directors
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19 | Committee shall be comprised of the Region's Trauma Center
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20 | Medical Directors.
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21 | (b) A Region's Trauma Center Medical Directors may
choose | ||||||
22 | to participate in the development of the EMS Region
Plan | ||||||
23 | through membership on the Regional EMS Advisory
Committee, | ||||||
24 | rather than through a separate Trauma Center Medical Directors
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25 | Committee. If that option is selected,
the Region's Trauma | ||||||
26 | Center Medical Director shall also
determine whether a |
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1 | separate Regional Trauma Advisory
Committee is necessary for | ||||||
2 | the Region.
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3 | (c) In the event of disputes over content of the
Plan | ||||||
4 | between the Region's EMS Medical Directors Committee and the
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5 | Region's Trauma Center Medical Directors or Trauma Center
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6 | Medical Directors Committee, whichever is applicable, the
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7 | Director of the Illinois Department of Public Health shall
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8 | intervene through a mechanism established by the Department
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9 | through rules adopted pursuant to this Act. An individual | ||||||
10 | interviewed or investigated by an EMS Medical Director or the | ||||||
11 | Department shall have the right to a union representative and | ||||||
12 | legal counsel of the individual's choosing present at any | ||||||
13 | interview. The union representative must comply with any | ||||||
14 | confidentiality requirements and requirements for the | ||||||
15 | protection of any patient information presented during the | ||||||
16 | proceeding.
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17 | (d) "Regional EMS Advisory Committee" means a
committee | ||||||
18 | formed within an Emergency Medical Services (EMS)
Region to | ||||||
19 | advise the Region's EMS Medical Directors
Committee and to | ||||||
20 | select the Region's representative to the
State Emergency | ||||||
21 | Medical Services Advisory Council,
consisting of at least the | ||||||
22 | members of the Region's EMS
Medical Directors Committee, the | ||||||
23 | Chair of the Regional
Trauma Committee, the EMS System | ||||||
24 | Coordinators from each
Resource Hospital within the Region, | ||||||
25 | one administrative
representative from an Associate Hospital | ||||||
26 | within the Region,
one administrative representative from a |
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1 | Participating
Hospital within the Region, one administrative
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2 | representative from the vehicle service provider which
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3 | responds to the highest number of calls for emergency service | ||||||
4 | within
the Region , one representative from the vehicle service | ||||||
5 | provider that responds to the highest number of calls for | ||||||
6 | non-emergency services within the Region, one representative | ||||||
7 | from the labor organization recognized as the exclusive | ||||||
8 | representative of employees of the vehicle service provider | ||||||
9 | that responds to the highest number of calls for non-emergency | ||||||
10 | services within the Region, if applicable , one administrative | ||||||
11 | representative of a vehicle
service provider from each System | ||||||
12 | within the Region, one representative from a labor | ||||||
13 | organization recognized as the exclusive representative of a | ||||||
14 | vehicle service provider's employees in each System and | ||||||
15 | selected by a statewide organization of such labor | ||||||
16 | organizations, one individual from each level of license | ||||||
17 | provided in Section 3.50 of this Act, one Pre-Hospital | ||||||
18 | Registered Nurse
practicing within the Region,
and one | ||||||
19 | registered professional nurse currently practicing
in an | ||||||
20 | emergency department within the Region.
Of the 2 | ||||||
21 | administrative representatives of vehicle service providers, | ||||||
22 | at
least one shall be an administrative representative of a | ||||||
23 | private vehicle
service provider. The
Department's Regional | ||||||
24 | EMS Coordinator for each Region shall
serve as a non-voting | ||||||
25 | member of that Region's EMS Advisory
Committee.
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26 | Every 2 years, the members of the Region's EMS Medical
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1 | Directors Committee shall rotate serving as Committee Chair,
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2 | and select the Associate Hospital, Participating Hospital
and | ||||||
3 | vehicle service providers which shall send
representatives to | ||||||
4 | the Advisory Committee, and the
EMS personnel and nurse who | ||||||
5 | shall serve on the
Advisory Committee.
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6 | (e) "Regional Trauma Advisory Committee" means a
committee | ||||||
7 | formed within an Emergency Medical Services (EMS)
Region, to | ||||||
8 | advise the Region's Trauma Center Medical
Directors Committee, | ||||||
9 | consisting of at least the Trauma
Center Medical Directors and | ||||||
10 | Trauma Coordinators from each
Trauma Center within the Region, | ||||||
11 | one EMS Medical Director
from a resource hospital within the | ||||||
12 | Region, one EMS System
Coordinator from another resource | ||||||
13 | hospital within the
Region, one representative each from a | ||||||
14 | public and private
vehicle service provider which transports | ||||||
15 | trauma patients
within the Region, an administrative | ||||||
16 | representative from
each trauma center within the Region, one | ||||||
17 | EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or PHRN | ||||||
18 | representing
the highest level of EMS personnel practicing | ||||||
19 | within the Region, one
emergency physician , and one Trauma | ||||||
20 | Nurse Specialist (TNS)
currently practicing in a trauma | ||||||
21 | center. The Department's
Regional EMS Coordinator for each | ||||||
22 | Region shall serve as a
non-voting member of that Region's | ||||||
23 | Trauma Advisory
Committee.
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24 | Every 2 years, the members of the Trauma Center Medical
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25 | Directors Committee shall rotate serving as Committee Chair,
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26 | and select the vehicle service providers, EMS personnel, |
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1 | emergency
physician, EMS System Coordinator and TNS who shall | ||||||
2 | serve on
the Advisory Committee.
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3 | (Source: P.A. 98-973, eff. 8-15-14.)
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4 | (210 ILCS 50/3.40)
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5 | Sec. 3.40. EMS System Participation Suspensions and
Due | ||||||
6 | Process. | ||||||
7 | (a) An EMS Medical Director may suspend from
participation | ||||||
8 | within the System any EMS personnel, EMS Lead Instructor (LI), | ||||||
9 | individual, individual
provider or other participant | ||||||
10 | considered not to be meeting
the requirements of the Program | ||||||
11 | Plan of that approved EMS
System. An EMS Medical Director must | ||||||
12 | submit a suspension order to the Department describing which | ||||||
13 | requirements of the Program Plan were not met and the | ||||||
14 | suspension's duration. The Department shall review and confirm | ||||||
15 | receipt of the suspension order, request additional | ||||||
16 | information, or initiate an investigation. The Department | ||||||
17 | shall incorporate the duration of that suspension into any | ||||||
18 | further action taken by the Department to suspend, revoke, or | ||||||
19 | refuse to issue or renew the license of the individual or | ||||||
20 | entity for any violation of this Act or the Program Plan | ||||||
21 | arising from the same conduct for which the suspension order | ||||||
22 | was issued if the suspended party has neither requested a | ||||||
23 | Department hearing on the suspension nor worked as a provider | ||||||
24 | in any other System during the term of the suspension.
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25 | (b) Prior to suspending any individual or entity, an EMS |
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1 | Medical Director
shall provide an opportunity for a hearing | ||||||
2 | before the
local System review board in accordance with | ||||||
3 | subsection (f) and the rules
promulgated by the Department.
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4 | (1) If the local System review board affirms or | ||||||
5 | modifies the EMS Medical
Director's suspension order, the | ||||||
6 | individual or entity shall have the opportunity for
a | ||||||
7 | review of the local board's decision by the State EMS | ||||||
8 | Disciplinary Review
Board, pursuant to Section 3.45 of | ||||||
9 | this Act.
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10 | (2) If the local System review board reverses or | ||||||
11 | modifies the EMS Medical
Director's order, the EMS Medical | ||||||
12 | Director shall have the
opportunity for a review of the | ||||||
13 | local board's decision by the State EMS
Disciplinary | ||||||
14 | Review Board, pursuant to Section 3.45 of this Act.
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15 | (3) The suspension shall commence only upon the | ||||||
16 | occurrence of one of the
following:
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17 | (A) the individual or entity has waived the | ||||||
18 | opportunity for a hearing before
the local System | ||||||
19 | review board; or
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20 | (B) the order has been affirmed or modified by the | ||||||
21 | local system review
board
and the individual or entity | ||||||
22 | has waived the opportunity for review by the State
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23 | Board; or
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24 | (C) the order has been affirmed or modified by the | ||||||
25 | local system review
board,
and the local board's | ||||||
26 | decision has been affirmed or modified by the State
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1 | Board. | ||||||
2 | (c) An individual interviewed or investigated by the local | ||||||
3 | system review board or the Department shall have the right to a | ||||||
4 | union representative and legal counsel of the individual's | ||||||
5 | choosing present at any interview. The union representative | ||||||
6 | must comply with any confidentiality requirements and | ||||||
7 | requirements for the protection of any patient information | ||||||
8 | presented during the proceeding.
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9 | (d) (c) An EMS Medical Director may immediately suspend an | ||||||
10 | EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, | ||||||
11 | PHAPRN, or other individual or entity if he or she finds that | ||||||
12 | the
continuation in practice by the individual or entity would | ||||||
13 | constitute an
imminent danger to the public. The suspended | ||||||
14 | individual or entity shall be
issued an immediate verbal | ||||||
15 | notification followed by a written suspension order
by the EMS | ||||||
16 | Medical Director which states the
length, terms and basis for | ||||||
17 | the suspension.
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18 | (1) Within 24 hours following the commencement of the | ||||||
19 | suspension, the EMS
Medical Director shall deliver to the | ||||||
20 | Department, by messenger, telefax, or other | ||||||
21 | Department-approved electronic communication, a
copy of | ||||||
22 | the suspension order and copies of any written materials | ||||||
23 | which relate
to the EMS Medical Director's decision to | ||||||
24 | suspend the individual or entity. All medical and | ||||||
25 | patient-specific information, including Department | ||||||
26 | findings with respect to the quality of care rendered, |
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1 | shall be strictly confidential pursuant to the Medical | ||||||
2 | Studies Act (Part 21 of Article VIII of the Code of Civil | ||||||
3 | Procedure).
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4 | (2) Within 24 hours following the commencement of the | ||||||
5 | suspension, the
suspended individual or entity may deliver | ||||||
6 | to the Department, by messenger,
telefax, or other | ||||||
7 | Department-approved electronic communication, a written | ||||||
8 | response to the suspension order and copies of any written
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9 | materials which the individual or entity feels are | ||||||
10 | appropriate. All medical and patient-specific information, | ||||||
11 | including Department findings with respect to the quality | ||||||
12 | of care rendered, shall be strictly confidential pursuant | ||||||
13 | to the Medical Studies Act.
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14 | (3) Within 24 hours following receipt of the EMS | ||||||
15 | Medical Director's
suspension order or the individual or | ||||||
16 | entity's written response, whichever is later,
the | ||||||
17 | Director or the Director's designee shall determine | ||||||
18 | whether the suspension
should be stayed pending an | ||||||
19 | opportunity for a hearing or
review in accordance with | ||||||
20 | this Act, or whether the suspension should continue
during | ||||||
21 | the course of that hearing or review. The Director or the | ||||||
22 | Director's
designee shall issue this determination to the | ||||||
23 | EMS Medical Director, who shall
immediately notify the | ||||||
24 | suspended individual or entity. The suspension shall | ||||||
25 | remain
in effect during this period of review by the | ||||||
26 | Director or the Director's
designee.
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1 | (e) (d) Upon issuance of a suspension order for reasons | ||||||
2 | directly related to
medical care, the EMS Medical Director | ||||||
3 | shall also provide the individual or entity
with the | ||||||
4 | opportunity for a hearing before the local System review | ||||||
5 | board, in
accordance with subsection (f) and the rules | ||||||
6 | promulgated by the Department.
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7 | (1) If the local System review board affirms or | ||||||
8 | modifies the EMS Medical
Director's suspension order, the | ||||||
9 | individual or entity shall have the opportunity for
a | ||||||
10 | review of the local board's decision by the State EMS | ||||||
11 | Disciplinary Review
Board, pursuant to Section 3.45 of | ||||||
12 | this Act.
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13 | (2) If the local System review board reverses or | ||||||
14 | modifies the EMS Medical
Director's suspension order, the | ||||||
15 | EMS Medical Director shall have the
opportunity for a | ||||||
16 | review of the local board's decision by the State EMS
| ||||||
17 | Disciplinary Review Board, pursuant to Section 3.45 of | ||||||
18 | this Act.
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19 | (3) The suspended individual or entity may elect to | ||||||
20 | bypass the local System review board
and seek direct | ||||||
21 | review of the EMS Medical Director's suspension order by | ||||||
22 | the
State EMS Disciplinary Review Board.
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23 | (f) (e) The Resource Hospital shall designate a local | ||||||
24 | System review board in
accordance with the rules of the | ||||||
25 | Department, for the purpose of providing a
hearing to any | ||||||
26 | individual or entity participating within the
System who is |
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1 | suspended from participation by the EMS Medical Director. The
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2 | EMS Medical Director shall arrange for a certified shorthand | ||||||
3 | reporter to make a
stenographic record of that hearing and | ||||||
4 | thereafter prepare a transcript of the
proceedings. The EMS | ||||||
5 | Medical Director shall inform the individual of the | ||||||
6 | individual's right to have a union representative and legal | ||||||
7 | counsel of the individual's choosing present at any interview. | ||||||
8 | The union representative must comply with any confidentiality | ||||||
9 | requirements and requirements for the protection of any | ||||||
10 | patient information presented during the proceeding. The | ||||||
11 | transcript, all documents or materials received as evidence
| ||||||
12 | during the hearing and the local System review board's written | ||||||
13 | decision shall
be retained in the custody of the EMS system. | ||||||
14 | The System shall implement a
decision of the local System | ||||||
15 | review board unless that decision has been
appealed to the | ||||||
16 | State Emergency Medical Services Disciplinary Review Board in
| ||||||
17 | accordance with this Act and the rules of the Department.
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18 | (g) (f) The Resource Hospital shall implement a decision | ||||||
19 | of the State Emergency
Medical Services Disciplinary Review | ||||||
20 | Board which has been rendered in
accordance with this Act and | ||||||
21 | the rules of the Department.
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22 | (Source: P.A. 100-201, eff. 8-18-17; 100-1082, eff. 8-24-19 .)
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23 | (210 ILCS 50/3.45)
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24 | Sec. 3.45. State Emergency Medical Services Disciplinary
| ||||||
25 | Review Board. |
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1 | (a) The Governor shall appoint a State Emergency
Medical | ||||||
2 | Services Disciplinary Review Board, composed of an
EMS Medical | ||||||
3 | Director, an EMS System Coordinator, a Paramedic, an Emergency
| ||||||
4 | Medical Technician (EMT), and the following members,
who shall | ||||||
5 | only review cases in which a party is from the
same | ||||||
6 | professional category: a Pre-Hospital Registered Nurse, a | ||||||
7 | Pre-Hospital Advanced Practice Registered Nurse, a | ||||||
8 | Pre-Hospital Physician Assistant, an ECRN, a
Trauma Nurse | ||||||
9 | Specialist, an Emergency Medical
Technician-Intermediate | ||||||
10 | (EMT-I), an Advanced Emergency Medical Technician (A-EMT), a | ||||||
11 | representative from a
private vehicle service provider, a | ||||||
12 | representative from a
public vehicle service provider, and an | ||||||
13 | emergency physician
who monitors telecommunications from and | ||||||
14 | gives voice orders
to EMS personnel. The Governor shall also | ||||||
15 | appoint one
alternate for each member of the Board, from the | ||||||
16 | same
professional category as the member of the Board.
| ||||||
17 | (b) The members
shall be appointed for a term of 3 years. | ||||||
18 | All appointees
shall serve until their successors are | ||||||
19 | appointed. The
alternate members shall be appointed and serve | ||||||
20 | in the same
fashion as the members of the Board. If a member | ||||||
21 | resigns
his or her appointment, the corresponding alternate | ||||||
22 | shall serve the
remainder of that member's term until a | ||||||
23 | subsequent member is
appointed by the Governor.
| ||||||
24 | (c) The function of the Board is to review and affirm,
| ||||||
25 | reverse or modify disciplinary orders.
| ||||||
26 | (d) Any individual or entity, who received an immediate |
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| |||||||
1 | suspension from an EMS
Medical Director may request the Board | ||||||
2 | to reverse or modify
the suspension order. If the suspension | ||||||
3 | had been affirmed
or modified by a local System review board, | ||||||
4 | the suspended individual or entity
may request the Board to | ||||||
5 | reverse or modify the
local board's decision.
| ||||||
6 | (e) Any individual or entity who received a non-immediate | ||||||
7 | suspension order
from an EMS Medical Director which was | ||||||
8 | affirmed or modified
by a local System review board may | ||||||
9 | request the Board to
reverse or modify the local board's | ||||||
10 | decision. The individual shall be informed of the individual's | ||||||
11 | right to have one representative from the labor organization | ||||||
12 | recognized as the exclusive representative of that | ||||||
13 | individual's bargaining unit present and a legal | ||||||
14 | representative present during the State Emergency Medical | ||||||
15 | Services Disciplinary Review Board proceedings during open | ||||||
16 | session. The labor organization's representative must also | ||||||
17 | comply with all confidentiality requirements and requirements | ||||||
18 | for the protection of any patient information presented during | ||||||
19 | the proceeding.
| ||||||
20 | (f) An EMS Medical Director whose suspension order
was | ||||||
21 | reversed or modified by a local System review board may
| ||||||
22 | request the Board to reverse or modify the local board's
| ||||||
23 | decision.
| ||||||
24 | (g) The Board shall meet on the first
Tuesday of every | ||||||
25 | month, unless no requests for review have
been submitted. | ||||||
26 | Additional meetings of the Board shall be
scheduled to ensure |
| |||||||
| |||||||
1 | that a request for direct
review of an immediate suspension | ||||||
2 | order is scheduled within
14 days after the Department | ||||||
3 | receives the request for review
or as soon thereafter as a | ||||||
4 | quorum is available. The Board
shall meet in Springfield or | ||||||
5 | Chicago, whichever location is
closer to the majority of the | ||||||
6 | members or alternates
attending the meeting. The Department | ||||||
7 | shall reimburse the
members and alternates of the Board for | ||||||
8 | reasonable travel
expenses incurred in attending meetings of | ||||||
9 | the Board.
| ||||||
10 | (h) A request for review shall be submitted in
writing to | ||||||
11 | the Chief of the Department's Division of Emergency
Medical | ||||||
12 | Services and Highway Safety, within 10 days after
receiving | ||||||
13 | the local board's decision or the EMS Medical
Director's | ||||||
14 | suspension order, whichever is applicable, a copy
of which | ||||||
15 | shall be enclosed.
| ||||||
16 | (i) At its regularly scheduled meetings, the Board
shall | ||||||
17 | review requests which have been received by the
Department at | ||||||
18 | least 10 working days prior to the Board's
meeting date. | ||||||
19 | Requests for review which are received less
than 10 working | ||||||
20 | days prior to a scheduled meeting shall be
considered at the | ||||||
21 | Board's next scheduled meeting, except
that requests for | ||||||
22 | direct review of an immediate suspension
order may be | ||||||
23 | scheduled up to 3 working days prior to the
Board's meeting | ||||||
24 | date.
| ||||||
25 | (j) A quorum shall be required for the Board to
meet, which | ||||||
26 | shall consist of 3 members or alternates, including
the EMS |
| |||||||
| |||||||
1 | Medical Director or alternate and the member or
alternate from | ||||||
2 | the same professional category as the subject
of the | ||||||
3 | suspension order. At each meeting of the Board, the
members or | ||||||
4 | alternates present shall select a Chairperson to
conduct the | ||||||
5 | meeting.
| ||||||
6 | (k) Deliberations for decisions of the State EMS
| ||||||
7 | Disciplinary Review
Board shall be conducted in closed | ||||||
8 | session. Department
staff may attend for the purpose of | ||||||
9 | providing clerical
assistance, but no other persons may be in | ||||||
10 | attendance except
for the parties to the dispute being | ||||||
11 | reviewed by the Board
and their attorneys, unless by request | ||||||
12 | of the Board.
| ||||||
13 | (l) The Board shall review the transcript,
evidence , and | ||||||
14 | written decision of the local review board , or the
written | ||||||
15 | decision and supporting documentation of the EMS
Medical | ||||||
16 | Director, whichever is applicable, along with any
additional | ||||||
17 | written or verbal testimony or argument offered
by the parties | ||||||
18 | to the dispute.
| ||||||
19 | (m) At the conclusion of its review, the Board
shall issue | ||||||
20 | its decision and the basis for its decision on a form
provided | ||||||
21 | by the Department, and shall submit to the
Department its | ||||||
22 | written decision together with the record of
the local System | ||||||
23 | review board. The Department shall
promptly issue a copy of | ||||||
24 | the Board's decision to all
affected parties. The Board's | ||||||
25 | decision shall be binding on
all parties.
| ||||||
26 | (Source: P.A. 100-1082, eff. 8-24-19 .)
|
| |||||||
| |||||||
1 | (210 ILCS 50/3.55)
| ||||||
2 | Sec. 3.55. Scope of practice.
| ||||||
3 | (a) Any person currently licensed as an EMR, EMT, EMT-I,
| ||||||
4 | A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency | ||||||
5 | and non-emergency medical
services as defined in this Act, in | ||||||
6 | accordance with his or her level of
education, training and | ||||||
7 | licensure, the standards of
performance and conduct prescribed | ||||||
8 | by the Department in
rules adopted pursuant to this Act, and | ||||||
9 | the requirements of
the EMS System in which he or she | ||||||
10 | practices, as contained in the
approved Program Plan for that | ||||||
11 | System. The Director may, by written order, temporarily modify | ||||||
12 | individual scopes of practice in response to public health | ||||||
13 | emergencies for periods not exceeding 180 days.
| ||||||
14 | (a-5) EMS personnel who have successfully completed a | ||||||
15 | Department approved
course in automated defibrillator | ||||||
16 | operation and who are functioning within a
Department approved | ||||||
17 | EMS System may utilize such automated defibrillator
according | ||||||
18 | to the standards of performance and conduct prescribed by the
| ||||||
19 | Department
in rules adopted pursuant to this Act and the | ||||||
20 | requirements of the EMS System in
which they practice, as | ||||||
21 | contained in the approved Program Plan for that
System.
| ||||||
22 | (a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||||||
23 | Paramedic
who has successfully completed a Department approved | ||||||
24 | course in the
administration of epinephrine shall be required | ||||||
25 | to carry epinephrine
with him or her as part of the EMS |
| |||||||
| |||||||
1 | personnel medical supplies whenever
he or she is performing | ||||||
2 | official duties as determined by the EMS System. The | ||||||
3 | epinephrine may be administered from a glass vial, | ||||||
4 | auto-injector, ampule, or pre-filled syringe.
| ||||||
5 | (b) An EMR, EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||||||
6 | Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or | ||||||
7 | Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN, | ||||||
8 | PHAPRN, PHPA, or Paramedic license
in pre-hospital or | ||||||
9 | inter-hospital emergency care settings or
non-emergency | ||||||
10 | medical transport situations, under the
written or verbal | ||||||
11 | direction of the EMS Medical Director.
For purposes of this | ||||||
12 | Section, a "pre-hospital emergency care
setting" may include a | ||||||
13 | location, that is not a health care
facility, which utilizes | ||||||
14 | EMS personnel to render pre-hospital
emergency care prior to | ||||||
15 | the arrival of a transport vehicle.
The location shall include | ||||||
16 | communication equipment and all
of the portable equipment and | ||||||
17 | drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or | ||||||
18 | Paramedic's
level of care, as required by this Act, rules | ||||||
19 | adopted
by the Department pursuant to this Act, and the | ||||||
20 | protocols of
the EMS Systems, and shall operate only with the | ||||||
21 | approval
and under the direction of the EMS Medical Director.
| ||||||
22 | This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT, | ||||||
23 | PHRN, PHAPRN, PHPA, or Paramedic
from practicing within an | ||||||
24 | emergency department or
other health care setting for the | ||||||
25 | purpose of receiving
continuing education or training approved | ||||||
26 | by the EMS Medical
Director. This Section shall also not |
| |||||||
| |||||||
1 | prohibit an EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||||||
2 | Paramedic from seeking credentials other than his or her EMT, | ||||||
3 | EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
license and | ||||||
4 | utilizing such credentials to work in emergency
departments or | ||||||
5 | other health care settings under the
jurisdiction of that | ||||||
6 | employer.
| ||||||
7 | (c) An EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic | ||||||
8 | may honor Do Not Resuscitate (DNR) orders and powers
of | ||||||
9 | attorney for health care only in accordance with rules
adopted | ||||||
10 | by the Department pursuant to this Act and protocols
of the EMS | ||||||
11 | System in which he or she practices.
| ||||||
12 | (d) A student enrolled in a Department approved EMS | ||||||
13 | personnel
program, while fulfilling the
clinical training and | ||||||
14 | in-field supervised experience
requirements mandated for | ||||||
15 | licensure or approval by the
System and the Department, may | ||||||
16 | perform prescribed procedures
under the direct supervision of | ||||||
17 | a physician licensed to
practice medicine in all of its | ||||||
18 | branches, a qualified
registered professional nurse, or | ||||||
19 | qualified EMS personnel, only when
authorized by the EMS | ||||||
20 | Medical Director.
| ||||||
21 | (e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||||||
22 | Paramedic may transport a police dog injured in the line of | ||||||
23 | duty to a veterinary clinic or similar facility if there are no | ||||||
24 | persons requiring medical attention or transport at that time. | ||||||
25 | For the purposes of this subsection, "police dog" means a dog | ||||||
26 | owned or used by a law enforcement department or agency in the |
| |||||||
| |||||||
1 | course of the department or agency's work, including a search | ||||||
2 | and rescue dog, service dog, accelerant detection canine, or | ||||||
3 | other dog that is in use by a county, municipal, or State law | ||||||
4 | enforcement agency. | ||||||
5 | (f) Nothing in this Act shall be construed to prohibit an | ||||||
6 | EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an | ||||||
7 | initial Occupational Safety and Health Administration | ||||||
8 | Respirator Medical Evaluation Questionnaire on behalf of fire | ||||||
9 | service personnel, as permitted by his or her EMS System | ||||||
10 | Medical Director. | ||||||
11 | (g) A member of a fire department's or fire protection | ||||||
12 | district's collective bargaining unit shall be eligible to | ||||||
13 | work under a silver spanner program for another EMS System's | ||||||
14 | fire department or fire protection district that is not the | ||||||
15 | full-time employer of that member, for a period not to exceed 2 | ||||||
16 | weeks, if the member: (1) is under the direct supervision of | ||||||
17 | another licensed individual operating at the same or higher | ||||||
18 | licensure level as the member; (2) made a written request to | ||||||
19 | the EMS System's Medical Director for approval to work under | ||||||
20 | the silver spanner program, which shall be approved or denied | ||||||
21 | within 24 hours after the EMS System's Medical Director | ||||||
22 | received the request; and (3) tests into the EMS System based | ||||||
23 | upon appropriate standards as outlined in the EMS System | ||||||
24 | Program Plan. The EMS System within which the member is | ||||||
25 | seeking to join must make all required testing available to | ||||||
26 | the member within 2 weeks of the written request. Failure to do |
| |||||||
| |||||||
1 | so by the EMS System shall allow the member to continue working | ||||||
2 | under a silver spanner program until all required testing | ||||||
3 | becomes available. | ||||||
4 | (Source: P.A. 102-79, eff. 1-1-22 .)
|