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| BroMenn/St.
Joseph EMS Systems |
Policy
and Procedure Manual |
TITLE: SYSTEM PARTICIPATION SUSPENSIONS
POLICY STATEMENT:
The BroMenn/St. Joseph EMS Systems are dedicated in providing quality
pre-hospital patient care through EMS System personnel whose performance
and conduct are satisfactory. The EMS Medical Directors may suspend any
System participant, agency or individual, who does not conform to System
policy and procedure or protocol.
GOAL/PURPOSE:
To ensure the right of due process to all participants within the BroMenn/St.
Joseph EMS Systems. To allow for internal resolution of problems within
the BroMenn/St. Joseph EMS Systems primarily with the assurance of further
consideration of the matter, if anyone should contest the initial decision
and subsequent action.
POLICY/PROCEDURE:
A. The EMS System personnel are expected to maintain a proper and professional
manner in the delivery of patient care. Personnel whose conduct deviates
from this will be given a opportunity to correct their conduct. The EMS
Systems Coordinator will assist in this effort. A conference will be held
with the individual; disciplinary action will be taken based on the outcome
of the conference, and the nature, seriousness and circumstances surrounding
the individual's misconduct.
B. In case of serious misconduct, the EMS Medical Director may bypass
the verbal and/or written warning process and suspend the individual from
the EMS System.
1. The normal progression of disciplinary action shall be as follows:
VERBAL WARNINGS - EMS Medical Director or designee shall inform the individual
of reported misconduct, discuss means of correction and inform the individual
of the consequences, if the misconduct is not corrected. Documentation
of this conference will be placed in the individual's file.
WRITTEN WARNING - EMS Medical Director or designee shall inform the
individual in writing about the misconduct. The individual shall be requested
to sign the warning indicting it was received. A conference shall take
place between the EMS Medical Director or designee, EMS System Coordinator
and the individual. At that time, the reported misconduct, means of correction
and consequences of continued misconduct shall be explained and discussed.
Documentation of the written warning and conference shall be placed in
the individual's file indefinitely.
SUSPENSION - System suspension shall follow the written warning in instances
where the individual has failed to correct a misconduct. Instances where
suspension is the first disciplinary action taken are outlined in the
following policy.
2. The EMS Medical Director may suspend from participation within the
EMS System or discipline any individual, individual provider or other
participant within the EMS System considered not to be meeting the standards
of the approved EMS System. Those standards include:
a. Failure to meet
the education and training requirements prescribed by the Department
or by the EMS Medical Director(s);
b. Any violation of the Illinois EMS Systems Act;
c. Failure to maintain proficiency in the provision of basic, intermediate
or advanced life support services;
d. Failure to comply with any provision of the System's Program Plan
approve by the Department;
e. Intoxication or personal misuse of intoxicating liquors, narcotics,
controlled substances or other drugs or stimulants in such manner as
to adversely affect the delivery, performance or activities in the care
of patients requiring medical care;
f. Intentional falsification of any medical reports or orders, making
misrepresentations involving patient care, or engaging in dishonorable,
unethical or unprofessional conduct of a character likely to deceive,
defraud or harm the public.;
g. Abandoning or neglecting a patient requiring emergency care;
h. Unauthorized use or removal of narcotics, drugs, supplies or equipment
from any ambulance, health care facility, institution or other work
place location;
i. Performing or attempting emergency care, techniques or procedures
without proper permission, certification, training or supervision;
j. Discrimination in rendering emergency care because of race, sex,
creed, religion, national origin or ability to pay;
k. Medical misconduct or incompetence, or a pattern of continued or
repeated medical misconduct or incompetence in the provision of emergency
care;
l. Violation of the System's standards of care;
m. Physical or mental impairment to the extent that he/she cannot physically
perform emergency care or cannot exercise appropriate judgment, skill
and safety for performing emergency care, unless the person is an EMT-B,
EMT-I, EMT-P or Pre-hospital RN on inactive status pursuant to Department
regulation.
3. The process for System Participation Suspension shall fully comply
with the Illinois EMS Systems Act of 1995 [210 ILSC 50] pursuant to Section
515.420 of the Rules and Regulations [77 Ill Adm. Code 515, adopted 4/15/97]
Those regulations are as follows:
a. An EMS Medical
Director may suspend from participation within the system any 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 (I) of this Section, the EMS Medical
Director 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 rights to a Local System Review Board hearing.
d. The Resource Hospital shall designate the Local System Review Board,
consisting of at least three members, on of who 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. (Section 3.40(e) of the
Act)
e. The hearing shall commence as soon as possible but at least within
21 days after receipt of a written request. 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 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. Such decision shall
be sent via certified mail or personal service to the EMS Medical Director
and the individual, individual provider or other participant who requested
the hearing within five business days after the conclusion of the hearing.
g. The transcripts, 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.
h. The EMS Medical Director shall notify the Department, in writing,
within five business days after the Board's decision to either uphold,
modify or reverse the EMS Medical Director's suspension of an individual,
individual provider or participant. The notice shall include a statement
detailing the duration and grounds for the suspension.
i. If the Local System Review Board affirms or modifies the EMS Medical
Director'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)
j. 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 review of the Local Board's decision by the State EMS
Disciplinary Review Board. (Section 3.40(b)(2) the Act)
k. 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 Medical Director'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)
l. An EMS Medical Director may immediately suspend an individual, individual
provider or other participant if her or she finds that the information
is his or her possession indicates that the continuation in practice
by an EMT or other provider would constitute an imminent danger to the
public. The suspended EMT or other provider shall be issued an immediate
verbal notification followed by a written suspension order to the EMT
or other provider by the EMS Medical Director which 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 Medical
Director shall deliver to the Department, by messenger or telefax,
a copy of the suspension order and copies of any written materials
which relate to the EMS Medical Director's decision to suspend the
EMT or provider.
2. Within 24 hours following the commencement of the suspension, the
suspended EMT or provider may delvier to the Department, by messenger
or telefax, a written response to the suspension order and copies
of any written materials which the EMT or provider feels relate to
that response.
3. Within 24 hours following receipt of the EMS Medical Director's
suspension order or the EMT or provider's written response, whichever
is later, the Director or the Director's designee shall determine
whether the suspension should be stayed pending the EMT's or provider's
opportunity for 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 Medical Director, who shall immediately notify the suspended
EMT or provider. 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)
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