Public Act 098-0851
 
SB3432 EnrolledLRB098 19597 RPS 54789 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Hospital Licensing Act is amended  by 
changing Section 6.08 as follows:
 



    (210 ILCS 85/6.08)  (from Ch. 111 1/2, par. 147.08)



    Sec. 6.08. 

    (a) Every hospital shall provide notification as required 
in
this Section to police officers, firefighters, emergency

medical technicians,  private emergency medical services 
providers, and
ambulance personnel who have provided or are 
about to provide transport services, emergency
care, or life 
support services to a patient who has been diagnosed as having

a dangerous communicable or infectious disease.  Such 
notification shall
not include the name of the patient, and the 
emergency services provider
agency and any person receiving 
such
notification shall treat the information received as a 
confidential medical
record.

    (b) The Department shall utilize the Centers for Disease 
Control and Prevention's list of potentially life-threatening 
infectious diseases to determine the diseases for which 
establish by regulation a list of those
communicable reportable 
diseases and conditions for which notification shall
be 
provided.

    (c) The hospital shall send the letter of notification no 
later than 48 hours within 72 hours
after a confirmed diagnosis 
of any of the bloodborne communicable diseases listed by
the 
Department pursuant to subsection (b), except confirmed 
diagnoses of
Acquired Immunodeficiency Syndrome (AIDS). The  If 
there is a confirmed
diagnosis of AIDS, the hospital shall 
attempt to make verbal communication, followed by written send 
the letter of notification only
if the police officers, 
firefighters, emergency medical
technicians, private emergency 
medical services providers, or ambulance personnel have

indicated both verbally and on the ambulance run
sheet that a 
reasonable possibility exists that they have had blood or body

fluid contact with the patient, or if hospital personnel 
providing the
notification have reason to know of a possible 
exposure.

    (c-5) The hospital shall send the letter of notification no 
later than 48 hours after a confirmed diagnosis of any of the 
airborne or droplet-transmitted communicable diseases listed 
by the Department pursuant to subsection (b) and the hospital 
shall attempt to make verbal communication, followed by written 
notification. 
    (d) Notification letters shall be sent to the designated 
officer contact at the
municipal or private provider agencies 
listed on the ambulance run sheet.
Except in municipalities 
with a population over 1,000,000, a list
attached to the

ambulance run sheet must contain all municipal and private 
provider
agency
personnel  who have provided any pre-hospital 
care immediately prior to
transport.
In municipalities with a 
population over 1,000,000, the
ambulance run sheet must contain 
the company number or unit
designation number for any fire 
department personnel who have
provided any pre-hospital care 
immediately prior to transport.
The letter
shall state the 
names of crew members listed on
the attachment to
the ambulance

run sheet and the name of the
communicable disease diagnosed, 
but shall not
contain the patient's name. Upon receipt of such 
notification letter, the
applicable private provider agency or 
the designated infectious disease
control officer of a 
municipal fire department or fire protection
district shall 
contact all personnel involved in the pre-hospital or

inter-hospital care and transport of the patient.  Such 
notification letter
may, but is not required to, consist of the 
following form:

NOTIFICATION LETTER


(NAME OF HOSPITAL)


(ADDRESS)


    TO:...... (Name of Organization)

    FROM:.....(Infection Control Coordinator)

    DATE:.....

    As required by Section 6.08 of the Illinois Hospital 
Licensing Act,
.....(name of hospital) is hereby providing 
notification that the following
crew
members or agencies 
transported or provided pre-hospital care to a patient
on ..... 
(date), and the transported patient was later
diagnosed as

having .....(name
of communicable disease): .....(list of crew 
members if known).  The Hospital
Licensing Act requires you to 
maintain this information as a confidential
medical record.  
Disclosure of this information may therefore result in
civil 
liability for the individual or company breaching the patient's

confidentiality, or both.

    If you have any questions regarding this patient, please 
contact me at
.....(telephone number), between .....(hours).  
Questions regarding exposure
or the financial aspects of 
obtaining medical care should be directed to your
employer.

    (e) Upon discharge of a patient with a communicable disease 
to emergency
personnel, the hospital shall notify the emergency 
personnel of appropriate
precautions against the communicable 
disease, but shall not identify the
name of the disease.

    (f) The hospital may, in its discretion, take any measures 
in addition
to those required in this Section to notify
police 
officers, firefighters,
emergency medical technicians,  and 
ambulance
personnel of possible exposure to any communicable 
disease.  However, in
all cases this information shall be 
maintained as a confidential medical
record.

    (g) Any person providing or failing to provide notification 
under the
protocol required by this Section shall have immunity 
from any liability,
either criminal or civil, that might result 
by reason of such action or
inaction, unless such action or 
inaction is willful.

    (h) Any person who willfully fails to provide any 
notification required
pursuant to an applicable protocol which 
has been adopted and approved
pursuant to this Section commits 
a petty offense, and shall be subject
to a fine of $200 for the 
first offense, and $500 for a second or subsequent
offense.

    (i) Nothing in this Section shall preclude a civil action 
by a
firefighter,
emergency medical technician, or ambulance 
crew member against
an emergency services provider
agency, 
municipal fire department, or fire protection district that 
fails to
inform the member in a timely
fashion of the
receipt 
of a notification letter.

(Source: P.A. 92-363, eff. 1-1-02.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.