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90_HB0274eng
5 ILCS 120/2 from Ch. 102, par. 42
210 ILCS 50/3.45
210 ILCS 50/3.110
Amends the Emergency Medical Services (EMS) Systems Act
and the Open Meetings Act to provide that deliberations for
decisions, and not meetings, of the State Emergency Medical
Services Disciplinary Review Board are exempt from the
requirements of the Open Meetings Act. Further amends the
Emergency Medical Services (EMS) Systems Act to provide that
information relating to the Board or a local review board,
except final decisions, shall be inadmissible and
nondiscoverable.
LRB9000456DPcc
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1 AN ACT concerning the State Emergency Medical Services
2 Disciplinary Review Board, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Open Meetings Act is amended by changing
6 Section 2 as follows:
7 (5 ILCS 120/2) (from Ch. 102, par. 42)
8 Sec. 2. Open meetings.
9 (a) Openness required. All meetings of public bodies
10 shall be open to the public unless excepted in subsection (c)
11 and closed in accordance with Section 2a.
12 (b) Construction of exceptions. The exceptions contained
13 in subsection (c) are in derogation of the requirement that
14 public bodies meet in the open, and therefore, the exceptions
15 are to be strictly construed, extending only to subjects
16 clearly within their scope. The exceptions authorize but do
17 not require the holding of a closed meeting to discuss a
18 subject included within an enumerated exception.
19 (c) Exceptions. A public body may hold closed meetings
20 to consider the following subjects:
21 (1) The appointment, employment, compensation,
22 discipline, performance, or dismissal of specific
23 employees of the public body, including hearing testimony
24 on a complaint lodged against an employee to determine
25 its validity.
26 (2) Collective negotiating matters between the
27 public body and its employees or their representatives,
28 or deliberations concerning salary schedules for one or
29 more classes of employees.
30 (3) The selection of a person to fill a public
31 office, as defined in this Act, including a vacancy in a
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1 public office, when the public body is given power to
2 appoint under law or ordinance, or the discipline,
3 performance or removal of the occupant of a public
4 office, when the public body is given power to remove the
5 occupant under law or ordinance.
6 (4) Evidence or testimony presented in open
7 hearing, or in closed hearing where specifically
8 authorized by law, to a quasi-adjudicative body, as
9 defined in this Act, provided that the body prepares and
10 makes available for public inspection a written decision
11 setting forth its determinative reasoning.
12 (5) The purchase or lease of real property for the
13 use of the public body, including meetings held for the
14 purpose of discussing whether a particular parcel should
15 be acquired.
16 (6) The setting of a price for sale or lease of
17 property owned by the public body.
18 (7) The sale or purchase of securities,
19 investments, or investment contracts.
20 (8) Emergency security procedures and the use of
21 personnel and equipment to respond to actual danger to
22 the safety of employees, students, staff or public
23 property, provided that a description of the actual
24 danger shall be made a part of the motion to close the
25 meeting.
26 (9) Student disciplinary cases.
27 (10) The placement of individual students in
28 special education programs and other matters relating to
29 individual students.
30 (11) Litigation, when an action against, affecting
31 or on behalf of the particular public body has been filed
32 and is pending before a court or administrative tribunal,
33 or when the public body finds that an action is probable
34 or imminent, in which case the basis for the finding
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1 shall be recorded and entered into the minutes of the
2 closed meeting.
3 (12) The establishment of reserves or settlement of
4 claims as provided in the Local Governmental and
5 Governmental Employees Tort Immunity Act, if otherwise
6 the disposition of a claim or potential claim might be
7 prejudiced, or the review or discussion of claims, loss
8 or risk management information, records, data, advice or
9 communications from or with respect to any insurer of the
10 public body or any intergovernmental risk management
11 association or self insurance pool of which the public
12 body is a member.
13 (13) Conciliation of complaints of discrimination
14 in the sale or rental of housing, when closed meetings
15 are authorized by the law or ordinance prescribing fair
16 housing practices and creating a commission or
17 administrative agency for their enforcement.
18 (14) Informant sources, the hiring or assignment of
19 undercover personnel or equipment, or ongoing, prior or
20 future criminal investigations, when discussed by a
21 public body with criminal investigatory responsibilities.
22 (15) Professional ethics or performance when
23 considered by an advisory body appointed to advise a
24 licensing or regulatory agency on matters germane to the
25 advisory body's field of competence.
26 (16) Self evaluation, practices and procedures or
27 professional ethics, when meeting with a representative
28 of a statewide association of which the public body is a
29 member.
30 (17) The recruitment, credentialing, discipline or
31 formal peer review of physicians or other health care
32 professionals for a hospital, or other institution
33 providing medical care, that is operated by the public
34 body.
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1 (18) Deliberations for decisions of the Prisoner
2 Review Board.
3 (19) Review or discussion of applications received
4 under the Experimental Organ Transplantation Procedures
5 Act.
6 (20) The classification and discussion of matters
7 classified as confidential or continued confidential by
8 the State Employees Suggestion Award Board.
9 (21) Discussion of minutes of meetings lawfully
10 closed under this Act, whether for purposes of approval
11 by the body of the minutes or semi-annual review of the
12 minutes as mandated by Section 2.06.
13 (22) Deliberations for decisions The business of
14 the State Emergency Medical Services Disciplinary Review
15 Board.
16 (d) Definitions. For purposes of this Section:
17 "Employee" means a person employed by a public body whose
18 relationship with the public body constitutes an
19 employer-employee relationship under the usual common law
20 rules, and who is not an independent contractor.
21 "Public office" means a position created by or under the
22 Constitution or laws of this State, the occupant of which is
23 charged with the exercise of some portion of the sovereign
24 power of this State. The term "public office" shall include
25 members of the public body, but it shall not include
26 organizational positions filled by members thereof, whether
27 established by law or by a public body itself, that exist to
28 assist the body in the conduct of its business.
29 "Quasi-adjudicative body" means an administrative body
30 charged by law or ordinance with the responsibility to
31 conduct hearings, receive evidence or testimony and make
32 determinations based thereon, but does not include local
33 electoral boards when such bodies are considering petition
34 challenges.
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1 (e) Final action. No final action may be taken at a
2 closed meeting. Final action shall be preceded by a public
3 recital of the nature of the matter being considered and
4 other information that will inform the public of the business
5 being conducted.
6 (Source: P.A. 88-530; 88-621, eff. 1-1-95; 89-86, eff.
7 6-30-95; 89-177, eff. 7-19-95; 89-626, eff. 8-9-96.)
8 Section 10. The Emergency Medical Services (EMS) Systems
9 Act is amended by changing Sections 3.45 and 3.110 as
10 follows:
11 (210 ILCS 50/3.45)
12 Sec. 3.45. State Emergency Medical Services Disciplinary
13 Review Board.
14 (a) The Governor shall appoint a State Emergency Medical
15 Services Disciplinary Review Board, composed of an EMS
16 Medical Director, an EMS System Coordinator, an Emergency
17 Medical Technician-Paramedic (EMT-P), an Emergency Medical
18 Technician-Basic (EMT-B), and the following members, who
19 shall only review cases in which a party is from the same
20 professional category: a Pre-Hospital RN, an ECRN, a Trauma
21 Nurse Specialist, an Emergency Medical
22 Technician-Intermediate (EMT-I), a representative from a
23 private vehicle service provider, a representative from a
24 public vehicle service provider, and an emergency physician
25 who monitors telecommunications from and gives voice orders
26 to EMS personnel. The Governor shall also appoint one
27 alternate for each member of the Board, from the same
28 professional category as the member of the Board.
29 (b) Of the members first appointed, 2 members shall be
30 appointed for a term of one year, 2 members shall be
31 appointed for a term of 2 years and the remaining members
32 shall be appointed for a term of 3 years. The terms of
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1 subsequent appointments shall be 3 years. All appointees
2 shall serve until their successors are appointed. The
3 alternate members shall be appointed and serve in the same
4 fashion as the members of the Board. If a member resigns his
5 or her appointment, the corresponding alternate shall serve
6 the remainder of that member's term until a subsequent member
7 is appointed by the Governor.
8 (c) The function of the Board is to review and affirm,
9 reverse or modify orders to suspend an EMT or other
10 individual provider from participating within an EMS System.
11 (d) An individual, individual provider or other
12 participant who received an immediate suspension from an EMS
13 Medical Director may request the Board to reverse or modify
14 the suspension order. If the suspension had been affirmed or
15 modified by a local System review board, the suspended
16 participant may request the Board to reverse or modify the
17 local board's decision.
18 (e) An individual, individual provider or other
19 participant who received a non-immediate suspension order
20 from an EMS Medical Director which was affirmed or modified
21 by a local System review board may request the Board to
22 reverse or modify the local board's decision.
23 (f) An EMS Medical Director whose suspension order was
24 reversed or modified by a local System review board may
25 request the Board to reverse or modify the local board's
26 decision.
27 (g) The Board shall regularly meet on the first Tuesday
28 of every month, unless no requests for review have been
29 submitted. Additional meetings of the Board shall be
30 scheduled as necessary to insure that a request for direct
31 review of an immediate suspension order is scheduled within
32 14 days after the Department receives the request for review
33 or as soon thereafter as a quorum is available. The Board
34 shall meet in Springfield or Chicago, whichever location is
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1 closer to the majority of the members or alternates attending
2 the meeting. The Department shall reimburse the members and
3 alternates of the Board for reasonable travel expenses
4 incurred in attending meetings of the Board.
5 (h) A request for review shall be submitted in writing
6 to the Chief of the Department's Division of Emergency
7 Medical Services and Highway Safety, within 10 days after
8 receiving the local board's decision or the EMS Medical
9 Director's suspension order, whichever is applicable, a copy
10 of which shall be enclosed.
11 (i) At its regularly scheduled meetings, the Board shall
12 review requests which have been received by the Department at
13 least 10 working days prior to the Board's meeting date.
14 Requests for review which are received less than 10 working
15 days prior to a scheduled meeting shall be considered at the
16 Board's next scheduled meeting, except that requests for
17 direct review of an immediate suspension order may be
18 scheduled up to 3 working days prior to the Board's meeting
19 date.
20 (j) A quorum shall be required for the Board to meet,
21 which shall consist of 3 members or alternates, including the
22 EMS Medical Director or alternate and the member or alternate
23 from the same professional category as the subject of the
24 suspension order. At each meeting of the Board, the members
25 or alternates present shall select a Chairperson to conduct
26 the meeting.
27 (k) Deliberations for decisions Meetings of the State
28 EMS Disciplinary Review Board shall be conducted in closed
29 session. Department staff may attend for the purpose of
30 providing clerical assistance, but. no other persons may be
31 in attendance except for the parties to the dispute being
32 reviewed by the Board and their attorneys, unless by request
33 of the Board. Meetings of the Board shall be exempt from the
34 provisions of the Open Meetings Act.
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1 (l) The Board shall review the transcript, evidence and
2 written decision of the local review board or the written
3 decision and supporting documentation of the EMS Medical
4 Director, whichever is applicable, along with any additional
5 written or verbal testimony or argument offered by the
6 parties to the dispute.
7 (m) At the conclusion of its review, the Board shall
8 issue its decision and the basis for its decision on a form
9 provided by the Department, and shall submit to the
10 Department its written decision together with the record of
11 the local System review board. The Department shall promptly
12 issue a copy of the Board's decision to all affected parties.
13 The Board's decision shall be binding on all parties.
14 (Source: P.A. 89-177, eff. 7-19-95.)
15 (210 ILCS 50/3.110)
16 Sec. 3.110. EMS system and trauma center confidentiality
17 and immunity.
18 (a) All information contained in or relating to any
19 medical audit performed of a trauma center's trauma services
20 pursuant to this Act or by an EMS Medical Director or his
21 designee of medical care rendered by System personnel, shall
22 be afforded the same status as is provided information
23 concerning medical studies in Article VIII, Part 21 of the
24 Code of Civil Procedure. Disclosure of such information to
25 the Department pursuant to this Act shall not be considered a
26 violation of Article VIII, Part 21 of the Code of Civil
27 Procedure.
28 (b) Hospitals, trauma centers and individuals that
29 perform or participate in medical audits pursuant to this Act
30 shall be immune from civil liability to the same extent as
31 provided in Section 10.2 of the Hospital Licensing Act.
32 (c) All information relating to the State Emergency
33 Medical Services Disciplinary Review Board or a local review
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1 board, except final decisions, shall be afforded the same
2 status as is provided information concerning medical studies
3 in Article VIII, Part 21 of the Code of Civil Procedure.
4 Disclosure of such information to the Department pursuant to
5 this Act shall not be considered a violation of Article VIII,
6 Part 21 of the Code of Civil Procedure.
7 (Source: P.A. 89-177, eff. 7-19-95.)