Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 515 - EMERGENCY MEDICAL SERVICES, TRAUMA CENTER, COMPREHENSIVE STROKE CENTER, PRIMARY STROKE CENTER AND ACUTE STROKE READY HOSPITAL CODE › Subpart C - EMS SYSTEMS › Section 515.420 - System Participation Suspensions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
An EMS MD 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.
(Section
				3.40(a)
				of the Act)
b) Except as allowed in
				subsection (l), the EMS MD shall provide the individual, individual provider or
				other participant with a written explanation of the reason for the suspension;
				the terms, length and condition of the suspension; and the date the suspension
				will commence, unless a hearing is requested. The procedure for requesting a
				hearing within 15 days through the Local System Review Board shall be
				provided.
c) Failure to request a
				hearing within 15 days shall constitute a waiver of the right to a Local System
				Review Board hearing.
d)
The Resource Hospital shall designate
the
local System
				review board, for the purpose of providing a hearing to any individual or
				entity participating within the System who is suspended from participation by
				the EMS
MD. (Section
				3.40(e)
				of the Act) The review board will consist of at least three members, one of
				whom is an emergency department physician with knowledge of EMS, one of whom is
				an EMT and one of whom is of the same professional category as the individual,
				individual provider or other participant requesting the hearing. The EMS MD
				shall prepare and post, in a 24-hour accessible location at the Resource
				Hospital, the System Review Board List.
e) The hearing shall commence as soon as
				possible, but at least within 21 days after receipt of a written request.
The EMS MD shall arrange for a certified shorthand reporter to make a
				stenographic record of that hearing and thereafter prepare a transcript of the
				proceedings. 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
the
Act and
this Part. (Section
				3.40(e)
				of the Act)
f) The local System
				review board shall state in writing its decision to affirm, modify or reverse
				the suspension order. That decision shall be sent via certified mail or
				personal service to the EMS MD and the individual, individual provider or other
				participant who requested the hearing within five business days after the
				conclusion of the hearing.
g) The
				EMS MD shall notify the Department, in writing, within five business days after
				the Board's decision to either uphold, modify or reverse the EMS MD's
				suspension of an individual, individual provider or participant. The notice
				shall include a statement detailing the duration and grounds for the
				suspension.
h)
If the local
				System review board affirms or modifies the EMS MD's suspension order,
				the
individual
, individual provider or other
				participant
shall have the opportunity for a review of the local
				board's decision of the State EMS Disciplinary Review Board.
(Section
				3.40(b)(1)
				of the Act)
i)
If the local
				System review board reverses or modifies the EMS MD's suspension order, the EMS
				MD shall have the opportunity for review of the local board's decision by the
				State EMS Disciplinary Review Board.
(Section
				3.40(b)(2)
				of the Act)
j) Requests
for
				review
by the State EMS Disciplinary Review Board
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 MD's suspension order, whichever is
				applicable.
A copy of the Board's decision or the suspension order
shall be enclosed.
(Section 3.45(h) of the Act)
k)
An EMS MD may immediately
				suspend
an EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN,
				LI, 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 MD that states the length, terms and basis for the
				suspension.
(Section
				3.40(c)
				of the Act)
1)
Within 24 hours
				following the commencement of the suspension, the EMS MD 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 that relate to the EMS MD's decision to suspend the individual or
				entity.
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 that the individual or
				entity feels are appropriate.
3)
Within 24 hours following receipt
				of the EMS MD's suspension order or the individual's 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
the
Act, or whether the
				suspension should continue during the course of that hearing or review. The
				Director or the Director's designee shall issue this determination to the EMS
				MD, 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.
(Section
				3.40(c)
				of the Act)