Bill Text: IL SB3134 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that when an immediate suspension order is not stayed, the Director or the Director's designee within the Department of Public Health (instead of the Director or Director's designee) 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 (instead of only in situations when a licensee's continuation to practice poses the possibility of imminent harm to the public based off factual evidence provided to the Department). Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-04-24 - Assigned to Public Health Committee [SB3134 Detail]

Download: Illinois-2023-SB3134-Engrossed.html

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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

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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

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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

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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

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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

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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

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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.)