State of Illinois
90th General Assembly
Legislation

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90_HB0274

      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
                                               LRB9000456DPcc
 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
                            -2-                LRB9000456DPcc
 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
                            -3-                LRB9000456DPcc
 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.
                            -4-                LRB9000456DPcc
 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.
                            -5-                LRB9000456DPcc
 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
                            -6-                LRB9000456DPcc
 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
                            -7-                LRB9000456DPcc
 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.
                            -8-                LRB9000456DPcc
 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
                            -9-                LRB9000456DPcc
 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.)

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