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1 | AN ACT concerning regulation. | |||||||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Emergency Medical Services (EMS) Systems | |||||||||||||||||||||||||||||||||||||||||||
5 | Act is amended by changing Sections 3.30, 3.90, 3.95, 3.100, | |||||||||||||||||||||||||||||||||||||||||||
6 | 3.105, 3.110, 3.115, 3.140, 3.200, and 3.205 and by adding | |||||||||||||||||||||||||||||||||||||||||||
7 | Sections 3.101, 3.102, and 3.106 as follows: | |||||||||||||||||||||||||||||||||||||||||||
8 | (210 ILCS 50/3.30) | |||||||||||||||||||||||||||||||||||||||||||
9 | Sec. 3.30. EMS Region Plan; Content. | |||||||||||||||||||||||||||||||||||||||||||
10 | (a) The EMS Medical Directors Committee shall address at | |||||||||||||||||||||||||||||||||||||||||||
11 | least the following: | |||||||||||||||||||||||||||||||||||||||||||
12 | (1) Protocols for inter-System/inter-Region patient | |||||||||||||||||||||||||||||||||||||||||||
13 | transports, including identifying the conditions of | |||||||||||||||||||||||||||||||||||||||||||
14 | emergency patients which may not be transported to the | |||||||||||||||||||||||||||||||||||||||||||
15 | different levels of emergency department, based on their | |||||||||||||||||||||||||||||||||||||||||||
16 | Department classifications and relevant Regional | |||||||||||||||||||||||||||||||||||||||||||
17 | considerations (e.g. transport times and distances); | |||||||||||||||||||||||||||||||||||||||||||
18 | (2) Regional standing medical orders; | |||||||||||||||||||||||||||||||||||||||||||
19 | (3) Patient transfer patterns, including criteria for | |||||||||||||||||||||||||||||||||||||||||||
20 | determining whether a patient needs the specialized | |||||||||||||||||||||||||||||||||||||||||||
21 | services of a trauma center, along with protocols for the | |||||||||||||||||||||||||||||||||||||||||||
22 | bypassing of or diversion to any hospital, trauma center | |||||||||||||||||||||||||||||||||||||||||||
23 | or regional trauma center which are consistent with |
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1 | individual System bypass or diversion protocols and | ||||||
2 | protocols for patient choice or refusal; | ||||||
3 | (4) Protocols for resolving Regional or Inter-System | ||||||
4 | conflict; | ||||||
5 | (5) An EMS disaster preparedness plan which includes | ||||||
6 | the actions and responsibilities of all EMS participants | ||||||
7 | within the Region. Within 90 days of the effective date of | ||||||
8 | this amendatory Act of 1996, an EMS System shall submit to | ||||||
9 | the Department for review an internal disaster plan. At a | ||||||
10 | minimum, the plan shall include contingency plans for the | ||||||
11 | transfer of patients to other facilities if an evacuation | ||||||
12 | of the hospital becomes necessary due to a catastrophe, | ||||||
13 | including but not limited to, a power failure; | ||||||
14 | (6) Regional standardization of continuing education | ||||||
15 | requirements; | ||||||
16 | (7) Regional standardization of Do Not Resuscitate | ||||||
17 | (DNR) policies, and protocols for power of attorney for | ||||||
18 | health care; | ||||||
19 | (8) Protocols for disbursement of Department grants; | ||||||
20 | (9) Protocols for the triage, treatment, and transport | ||||||
21 | of possible acute stroke patients; and | ||||||
22 | (10) Regional standing medical orders for the | ||||||
23 | administration of opioid antagonists. | ||||||
24 | (b) The Trauma Center Medical Directors or Trauma Center | ||||||
25 | Medical Directors Committee shall address at least the | ||||||
26 | following: |
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1 | (1) The identification of Regional Trauma Centers; | ||||||
2 | (2) Protocols for inter-System and inter-Region trauma | ||||||
3 | patient transports, including identifying the conditions | ||||||
4 | of emergency patients which may not be transported to the | ||||||
5 | different levels of emergency department, based on their | ||||||
6 | Department classifications and relevant Regional | ||||||
7 | considerations (e.g. transport times and distances); | ||||||
8 | (3) Regional trauma standing medical orders; | ||||||
9 | (4) Trauma patient transfer patterns, including | ||||||
10 | criteria for determining whether a patient needs the | ||||||
11 | specialized services of a trauma center, along with | ||||||
12 | protocols for the bypassing of or diversion to any | ||||||
13 | hospital, trauma center or regional trauma center which | ||||||
14 | are consistent with individual System bypass or diversion | ||||||
15 | protocols and protocols for patient choice or refusal; | ||||||
16 | (5) The identification of which types of patients can | ||||||
17 | be cared for by Level I Trauma Centers, and Level II Trauma | ||||||
18 | Centers , and Level III Trauma Centers ; | ||||||
19 | (6) Criteria for inter-hospital transfer of trauma | ||||||
20 | patients; | ||||||
21 | (7) The treatment of trauma patients in each trauma | ||||||
22 | center within the Region; | ||||||
23 | (8) A program for conducting a quarterly conference | ||||||
24 | which shall include at a minimum a discussion of morbidity | ||||||
25 | and mortality between all professional staff involved in | ||||||
26 | the care of trauma patients; |
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1 | (9) The establishment of a Regional trauma quality | ||||||
2 | assurance and improvement subcommittee, consisting of | ||||||
3 | trauma surgeons, which shall perform periodic medical | ||||||
4 | audits of each trauma center's trauma services, and | ||||||
5 | forward tabulated data from such reviews to the | ||||||
6 | Department; and | ||||||
7 | (10) The establishment , within 90 days of the | ||||||
8 | effective date of this amendatory Act of 1996, of an | ||||||
9 | internal disaster plan, which shall include, at a minimum, | ||||||
10 | contingency plans for the transfer of patients to other | ||||||
11 | facilities if an evacuation of the hospital becomes | ||||||
12 | necessary due to a catastrophe, including but not limited | ||||||
13 | to, a power failure. | ||||||
14 | (c) The Region's EMS Medical Directors and Trauma Center | ||||||
15 | Medical Directors Committees shall appoint any subcommittees | ||||||
16 | which they deem necessary to address specific issues | ||||||
17 | concerning Region activities. | ||||||
18 | (Source: P.A. 99-480, eff. 9-9-15.) | ||||||
19 | (210 ILCS 50/3.90) | ||||||
20 | Sec. 3.90. Trauma Center Designations. | ||||||
21 | (a) "Trauma Center" means a hospital which: (1) within | ||||||
22 | designated capabilities provides optimal care to trauma | ||||||
23 | patients; (2) participates in an approved EMS System; and (3) | ||||||
24 | is duly designated pursuant to the provisions of this Act. | ||||||
25 | Level I Trauma Centers shall provide all essential services |
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1 | in-house, 24 hours per day, in accordance with rules adopted | ||||||
2 | by the Department pursuant to this Act. Level II and Level III | ||||||
3 | Trauma Centers shall have some essential services available | ||||||
4 | in-house, 24 hours per day, and other essential services | ||||||
5 | readily available, 24 hours per day, in accordance with rules | ||||||
6 | adopted by the Department pursuant to this Act. | ||||||
7 | (a-5) An Acute Injury Stabilization Center shall have a | ||||||
8 | basic or comprehensive emergency department capable of initial | ||||||
9 | management and transfer of the acutely injured in accordance | ||||||
10 | with rules adopted by the Department pursuant to this Act. | ||||||
11 | (b) The Department shall have the authority and | ||||||
12 | responsibility to: | ||||||
13 | (1) Establish and enforce minimum standards for | ||||||
14 | designation and re-designation of 3 levels of trauma | ||||||
15 | centers that meet trauma center national standards, as | ||||||
16 | modified by the Department in administrative rules as a | ||||||
17 | Level I or Level II Trauma Center, consistent with | ||||||
18 | Sections 22 and 23 of this Act, through rules adopted | ||||||
19 | pursuant to this Act ; | ||||||
20 | (2) Require hospitals applying for trauma center | ||||||
21 | designation to submit a plan for designation in a manner | ||||||
22 | and form prescribed by the Department through rules | ||||||
23 | adopted pursuant to this Act; | ||||||
24 | (3) Upon receipt of a completed plan for designation, | ||||||
25 | conduct a site visit to inspect the hospital for | ||||||
26 | compliance with the Department's minimum standards. Such |
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1 | visit shall be conducted by specially qualified personnel | ||||||
2 | with experience in the delivery of emergency medical | ||||||
3 | and/or trauma care. A report of the inspection shall be | ||||||
4 | provided to the Director within 30 days of the completion | ||||||
5 | of the site visit. The report shall note compliance or | ||||||
6 | lack of compliance with the individual standards for | ||||||
7 | designation, but shall not offer a recommendation on | ||||||
8 | granting or denying designation; | ||||||
9 | (4) Designate applicant hospitals as Level I , or Level | ||||||
10 | II , or Level III Trauma Centers which meet the minimum | ||||||
11 | standards established by this Act and the Department. The | ||||||
12 | Beginning September 1, 1997 the Department shall designate | ||||||
13 | a new trauma center only when a local or regional need for | ||||||
14 | such trauma center has been identified. The Department | ||||||
15 | shall request an assessment of local or regional need from | ||||||
16 | the applicable EMS Region's Trauma Center Medical | ||||||
17 | Directors Committee, with advice from the Regional Trauma | ||||||
18 | Advisory Committee. This shall not be construed as a needs | ||||||
19 | assessment for health planning or other purposes outside | ||||||
20 | of this Act; | ||||||
21 | (5) Attempt to designate trauma centers in all areas | ||||||
22 | of the State. There shall be at least one Level I Trauma | ||||||
23 | Center serving each EMS Region, unless waived by the | ||||||
24 | Department. This subsection shall not be construed to | ||||||
25 | require a Level I Trauma Center to be located in each EMS | ||||||
26 | Region. Level I Trauma Centers shall serve as resources |
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1 | for the Level II and Level III Trauma Centers and Acute | ||||||
2 | Injury Stabilization Centers in the EMS Regions. The | ||||||
3 | extent of such relationships shall be defined in the EMS | ||||||
4 | Region Plan; | ||||||
5 | (6) Inspect designated trauma centers to assure | ||||||
6 | compliance with the provisions of this Act and the rules | ||||||
7 | adopted pursuant to this Act. Information received by the | ||||||
8 | Department through filed reports, inspection, or as | ||||||
9 | otherwise authorized under this Act shall not be disclosed | ||||||
10 | publicly in such a manner as to identify individuals or | ||||||
11 | hospitals, except in proceedings involving the denial, | ||||||
12 | suspension or revocation of a trauma center designation or | ||||||
13 | imposition of a fine on a trauma center; | ||||||
14 | (7) Renew trauma center designations every 2 years, | ||||||
15 | after an on-site inspection, based on compliance with | ||||||
16 | renewal requirements and standards for continuing | ||||||
17 | operation, as prescribed by the Department through rules | ||||||
18 | adopted pursuant to this Act; | ||||||
19 | (8) Refuse to issue or renew a trauma center | ||||||
20 | designation, after providing an opportunity for a hearing, | ||||||
21 | when findings show that it does not meet the standards and | ||||||
22 | criteria prescribed by the Department; | ||||||
23 | (9) Review and determine whether a trauma center's | ||||||
24 | annual morbidity and mortality rates for trauma patients | ||||||
25 | significantly exceed the State average for such rates, | ||||||
26 | using a uniform recording methodology based on nationally |
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1 | recognized standards. Such determination shall be | ||||||
2 | considered as a factor in any decision by the Department | ||||||
3 | to renew or refuse to renew a trauma center designation | ||||||
4 | under this Act, but shall not constitute the sole basis | ||||||
5 | for refusing to renew a trauma center designation; | ||||||
6 | (10) Take the following action, as appropriate, after | ||||||
7 | determining that a trauma center is in violation of this | ||||||
8 | Act or any rule adopted pursuant to this Act: | ||||||
9 | (A) If the Director determines that the violation | ||||||
10 | presents a substantial probability that death or | ||||||
11 | serious physical harm will result and if the trauma | ||||||
12 | center fails to eliminate the violation immediately or | ||||||
13 | within a fixed period of time, not exceeding 10 days, | ||||||
14 | as determined by the Director, the Director may | ||||||
15 | immediately revoke the trauma center designation. The | ||||||
16 | trauma center may appeal the revocation within 15 days | ||||||
17 | after receiving the Director's revocation order, by | ||||||
18 | requesting a hearing as provided by Section 29 of this | ||||||
19 | Act. The Director shall notify the chair of the | ||||||
20 | Region's Trauma Center Medical Directors Committee and | ||||||
21 | EMS Medical Directors for appropriate EMS Systems of | ||||||
22 | such trauma center designation revocation; | ||||||
23 | (B) If the Director determines that the violation | ||||||
24 | does not present a substantial probability that death | ||||||
25 | or serious physical harm will result, the Director | ||||||
26 | shall issue a notice of violation and request a plan of |
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1 | correction which shall be subject to the Department's | ||||||
2 | approval. The trauma center shall have 10 days after | ||||||
3 | receipt of the notice of violation in which to submit a | ||||||
4 | plan of correction. The Department may extend this | ||||||
5 | period for up to 30 days. The plan shall include a | ||||||
6 | fixed time period not in excess of 90 days within which | ||||||
7 | violations are to be corrected. The plan of correction | ||||||
8 | and the status of its implementation by the trauma | ||||||
9 | center shall be provided, as appropriate, to the EMS | ||||||
10 | Medical Directors for appropriate EMS Systems. If the | ||||||
11 | Department rejects a plan of correction, it shall send | ||||||
12 | notice of the rejection and the reason for the | ||||||
13 | rejection to the trauma center. The trauma center | ||||||
14 | shall have 10 days after receipt of the notice of | ||||||
15 | rejection in which to submit a modified plan. If the | ||||||
16 | modified plan is not timely submitted, or if the | ||||||
17 | modified plan is rejected, the trauma center shall | ||||||
18 | follow an approved plan of correction imposed by the | ||||||
19 | Department. If, after notice and opportunity for | ||||||
20 | hearing, the Director determines that a trauma center | ||||||
21 | has failed to comply with an approved plan of | ||||||
22 | correction, the Director may suspend or revoke the | ||||||
23 | trauma center designation. The trauma center shall | ||||||
24 | have 15 days after receiving the Director's notice in | ||||||
25 | which to request a hearing. Such hearing shall conform | ||||||
26 | to the provisions of Section 3.135 30 of this Act; |
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1 | (11) The Department may delegate authority to local | ||||||
2 | health departments in jurisdictions which include a | ||||||
3 | substantial number of trauma centers. The delegated | ||||||
4 | authority to those local health departments shall include, | ||||||
5 | but is not limited to, the authority to designate trauma | ||||||
6 | centers with final approval by the Department, maintain a | ||||||
7 | regional data base with concomitant reporting of trauma | ||||||
8 | registry data, and monitor, inspect and investigate trauma | ||||||
9 | centers within their jurisdiction, in accordance with the | ||||||
10 | requirements of this Act and the rules promulgated by the | ||||||
11 | Department; | ||||||
12 | (A) The Department shall monitor the performance | ||||||
13 | of local health departments with authority delegated | ||||||
14 | pursuant to this Section, based upon performance | ||||||
15 | criteria established in rules promulgated by the | ||||||
16 | Department; | ||||||
17 | (B) Delegated authority may be revoked for | ||||||
18 | substantial non-compliance with the Act or the | ||||||
19 | Department's rules. Notice of an intent to revoke | ||||||
20 | shall be served upon the local health department by | ||||||
21 | certified mail, stating the reasons for revocation and | ||||||
22 | offering an opportunity for an administrative hearing | ||||||
23 | to contest the proposed revocation. The request for a | ||||||
24 | hearing must be in writing and received by the | ||||||
25 | Department within 10 working days of the local health | ||||||
26 | department's receipt of notification; |
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1 | (C) The director of a local health department may | ||||||
2 | relinquish its delegated authority upon 60 days | ||||||
3 | written notification to the Director of Public Health. | ||||||
4 | (Source: P.A. 89-177, eff. 7-19-95.) | ||||||
5 | (210 ILCS 50/3.95) | ||||||
6 | Sec. 3.95. Level I Trauma Center Minimum Standards. The | ||||||
7 | Department shall establish, through rules adopted pursuant to | ||||||
8 | this Act, standards for Level I Trauma Centers which shall | ||||||
9 | include, but need not be limited to: | ||||||
10 | (a) The designation by the trauma center of a Trauma | ||||||
11 | Center Medical Director and specification of his | ||||||
12 | qualifications; | ||||||
13 | (b) The types of surgical services the trauma center must | ||||||
14 | have available for trauma patients, including but not limited | ||||||
15 | to a twenty-four hour in-house surgeon with operating | ||||||
16 | privileges and ancillary staff necessary for immediate | ||||||
17 | surgical intervention; | ||||||
18 | (c) The types of nonsurgical services the trauma center | ||||||
19 | must have available for trauma patients; | ||||||
20 | (d) The numbers and qualifications of emergency medical | ||||||
21 | personnel; | ||||||
22 | (e) The types of equipment that must be available to | ||||||
23 | trauma patients; | ||||||
24 | (f) Requiring the trauma center to be affiliated with an | ||||||
25 | EMS System; |
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1 | (g) Requiring the trauma center to have a communications | ||||||
2 | system that is fully integrated with all Level II Trauma | ||||||
3 | Centers , Level III Trauma Centers, Acute Injury Stabilization | ||||||
4 | Centers, and EMS Systems with which it is affiliated; | ||||||
5 | (h) The types of data the trauma center must collect and | ||||||
6 | submit to the Department relating to the trauma services it | ||||||
7 | provides. Such data may include information on post-trauma | ||||||
8 | care directly related to the initial traumatic injury provided | ||||||
9 | to trauma patients until their discharge from the facility and | ||||||
10 | information on discharge plans; | ||||||
11 | (i) Requiring the trauma center to have helicopter landing | ||||||
12 | capabilities approved by appropriate State and federal | ||||||
13 | authorities, if the trauma center is located within a | ||||||
14 | municipality having a population of less than two million | ||||||
15 | people; and | ||||||
16 | (j) Requiring written agreements with Level II Trauma | ||||||
17 | Centers , Level III Trauma Centers, and Acute Injury | ||||||
18 | Stabilization Centers in the EMS Regions it serves, executed | ||||||
19 | within a reasonable time designated by the Department. | ||||||
20 | (Source: P.A. 89-177, eff. 7-19-95.) | ||||||
21 | (210 ILCS 50/3.100) | ||||||
22 | Sec. 3.100. Level II Trauma Center Minimum Standards. The | ||||||
23 | Department shall establish, through rules adopted pursuant to | ||||||
24 | this Act, standards for Level II Trauma Centers which shall | ||||||
25 | include, but need not be limited to: |
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1 | (a) The designation by the trauma center of a Trauma | ||||||
2 | Center Medical Director and specification of his | ||||||
3 | qualifications; | ||||||
4 | (b) The types of surgical services the trauma center must | ||||||
5 | have available for trauma patients. The Department shall not | ||||||
6 | require the availability of all surgical services required of | ||||||
7 | Level I Trauma Centers; | ||||||
8 | (c) The types of nonsurgical services the trauma center | ||||||
9 | must have available for trauma patients; | ||||||
10 | (d) The numbers and qualifications of emergency medical | ||||||
11 | personnel, taking into consideration the more limited trauma | ||||||
12 | services available in a Level II Trauma Center; | ||||||
13 | (e) The types of equipment that must be available for | ||||||
14 | trauma patients; | ||||||
15 | (f) Requiring the trauma center to have a written | ||||||
16 | agreement with a Level I Trauma Centers, Level III Trauma | ||||||
17 | Centers, and Acute Injury Stabilization Centers Center serving | ||||||
18 | the EMS Region outlining their respective responsibilities in | ||||||
19 | providing trauma services, executed within a reasonable time | ||||||
20 | designated by the Department, unless the requirement for a | ||||||
21 | Level I Trauma Center to serve that EMS Region has been waived | ||||||
22 | by the Department; | ||||||
23 | (g) Requiring the trauma center to be affiliated with an | ||||||
24 | EMS System; | ||||||
25 | (h) Requiring the trauma center to have a communications | ||||||
26 | system that is fully integrated with the Level I Trauma |
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1 | Centers , Level III Trauma Centers, Acute Injury Stabilization | ||||||
2 | Centers, and the EMS Systems with which it is affiliated; | ||||||
3 | (i) The types of data the trauma center must collect and | ||||||
4 | submit to the Department relating to the trauma services it | ||||||
5 | provides. Such data may include information on post-trauma | ||||||
6 | care directly related to the initial traumatic injury provided | ||||||
7 | to trauma patients until their discharge from the facility and | ||||||
8 | information on discharge plans; | ||||||
9 | (j) Requiring the trauma center to have helicopter landing | ||||||
10 | capabilities approved by appropriate State and federal | ||||||
11 | authorities, if the trauma center is located within a | ||||||
12 | municipality having a population of less than two million | ||||||
13 | people. | ||||||
14 | (Source: P.A. 89-177, eff. 7-19-95.) | ||||||
15 | (210 ILCS 50/3.101 new) | ||||||
16 | Sec. 3.101. Level III Trauma Center Minimum Standards. The | ||||||
17 | Department shall establish, through rules adopted under this | ||||||
18 | Act, standards for Level III Trauma Centers that shall | ||||||
19 | include, but need not be limited to: | ||||||
20 | (1) The designation by the trauma center of a Trauma | ||||||
21 | Center Medical Director and specification of his or her | ||||||
22 | qualifications; | ||||||
23 | (2) The types of surgical services the trauma center | ||||||
24 | must have available for trauma patients; the Department | ||||||
25 | shall not require the availability of all surgical |
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1 | services required of Level I or Level II Trauma Centers; | ||||||
2 | (3) The types of nonsurgical services the trauma | ||||||
3 | center must have available for trauma patients; | ||||||
4 | (4) The numbers and qualifications of emergency | ||||||
5 | medical personnel, taking into consideration the more | ||||||
6 | limited trauma services available in a Level III Trauma | ||||||
7 | Center; | ||||||
8 | (5) The types of equipment that must be available for | ||||||
9 | trauma patients; | ||||||
10 | (6) Requiring the trauma center to have a written | ||||||
11 | agreement with Level I Trauma Centers, Level II Trauma | ||||||
12 | Centers, and Acute Injury Stabilization Centers serving | ||||||
13 | the EMS Region outlining their respective responsibilities | ||||||
14 | in providing trauma services, executed within a reasonable | ||||||
15 | time designated by the Department, unless the requirement | ||||||
16 | for a Level I Trauma Center to serve that EMS Region has | ||||||
17 | been waived by the Department; | ||||||
18 | (7) Requiring the trauma center to be affiliated with | ||||||
19 | an EMS System; | ||||||
20 | (8) Requiring the trauma center to have a | ||||||
21 | communications system that is fully integrated with the | ||||||
22 | Level I Trauma Centers, Level II Trauma Centers, Acute | ||||||
23 | Injury Stabilization Centers, and the EMS Systems with | ||||||
24 | which it is affiliated; | ||||||
25 | (9) The types of data the trauma center must collect | ||||||
26 | and submit to the Department relating to the trauma |
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1 | services it provides; such data may include information on | ||||||
2 | post-trauma care directly related to the initial traumatic | ||||||
3 | injury provided to trauma patients until their discharge | ||||||
4 | from the facility and information on discharge plans; and | ||||||
5 | (10) Requiring the trauma center to have helicopter | ||||||
6 | landing capabilities approved by appropriate State and | ||||||
7 | federal authorities if the trauma center is located within | ||||||
8 | a municipality having a population of less than 2,000,000 | ||||||
9 | people. | ||||||
10 | (210 ILCS 50/3.102 new) | ||||||
11 | Sec. 3.102. Acute Injury Stabilization Center minimum | ||||||
12 | standards. The Department shall establish, through rules | ||||||
13 | adopted pursuant to this Act, standards for Acute Injury | ||||||
14 | Stabilization Centers, which shall include, but need not be | ||||||
15 | limited to, Comprehensive or Basic Emergency Department | ||||||
16 | services pursuant to the Hospital Licensing Act. | ||||||
17 | (210 ILCS 50/3.105) | ||||||
18 | Sec. 3.105. Trauma Center Misrepresentation. No After the | ||||||
19 | effective date of this amendatory Act of 1995, no facility | ||||||
20 | shall use the phrase "trauma center" or words of similar | ||||||
21 | meaning in relation to itself or hold itself out as a trauma | ||||||
22 | center without first obtaining designation pursuant to this | ||||||
23 | Act. | ||||||
24 | (Source: P.A. 89-177, eff. 7-19-95.) |
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1 | (210 ILCS 50/3.106 new) | ||||||
2 | Sec. 3.106. Acute Injury Stabilization Center | ||||||
3 | Misrepresentation. No facility shall use the phrase "Acute | ||||||
4 | Injury Stabilization Center" or words of similar meaning in | ||||||
5 | relation to itself or hold itself out as an Acute Injury | ||||||
6 | Stabilization Center without first obtaining designation | ||||||
7 | pursuant to this Act. | ||||||
8 | (210 ILCS 50/3.110) | ||||||
9 | Sec. 3.110. EMS system and trauma center confidentiality | ||||||
10 | and immunity. | ||||||
11 | (a) All information contained in or relating to any | ||||||
12 | medical audit performed of a trauma center's trauma services | ||||||
13 | or an Acute Injury Stabilization Center pursuant to this Act | ||||||
14 | or by an EMS Medical Director or his designee of medical care | ||||||
15 | rendered by System personnel, shall be afforded the same | ||||||
16 | status as is provided information concerning medical studies | ||||||
17 | in Article VIII, Part 21 of the Code of Civil Procedure. | ||||||
18 | Disclosure of such information to the Department pursuant to | ||||||
19 | this Act shall not be considered a violation of Article VIII, | ||||||
20 | Part 21 of the Code of Civil Procedure. | ||||||
21 | (b) Hospitals, trauma centers and individuals that perform | ||||||
22 | or participate in medical audits pursuant to this Act shall be | ||||||
23 | immune from civil liability to the same extent as provided in | ||||||
24 | Section 10.2 of the Hospital Licensing Act. |
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| |||||||
1 | (c) All information relating to the State Emergency | ||||||
2 | Medical Services Disciplinary Review Board or a local review | ||||||
3 | board, except final decisions, shall be afforded the same | ||||||
4 | status as is provided information concerning medical studies | ||||||
5 | in Article VIII, Part 21 of the Code of Civil Procedure. | ||||||
6 | Disclosure of such information to the Department pursuant to | ||||||
7 | this Act shall not be considered a violation of Article VIII, | ||||||
8 | Part 21 of the Code of Civil Procedure. | ||||||
9 | (Source: P.A. 92-651, eff. 7-11-02.) | ||||||
10 | (210 ILCS 50/3.115) | ||||||
11 | Sec. 3.115. Pediatric care. Pediatric Trauma. The Director | ||||||
12 | shall appoint an advisory council to make recommendations for | ||||||
13 | pediatric care needs and develop strategies to address areas | ||||||
14 | of need as defined in rules adopted by the Department. | ||||||
15 | The Department shall: | ||||||
16 | (1) develop or promote recommendations for continuing | ||||||
17 | medical education, treatment guidelines, and other | ||||||
18 | programs for health practitioners and organizations | ||||||
19 | involved in pediatric care; | ||||||
20 | (2) support existing pediatric care programs and | ||||||
21 | assist in establishing new pediatric care initiatives | ||||||
22 | throughout the State; | ||||||
23 | (3) designate applicant hospitals that meet the | ||||||
24 | minimum standards established by the Department for their | ||||||
25 | pediatric emergency and critical care capabilities. |
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1 | Upon the availability of federal funds for pediatric care | ||||||
2 | demonstration projects, the Department shall: | ||||||
3 | (a) Convene a work group which will be charged with | ||||||
4 | conducting a needs assessment of pediatric trauma care and | ||||||
5 | with developing strategies to correct areas of need; | ||||||
6 | (b) Contract with the University of Illinois School of | ||||||
7 | Public Health to develop a secondary prevention program for | ||||||
8 | parents; | ||||||
9 | (c) Contract with an Illinois medical school to develop | ||||||
10 | training and continuing medical education programs for | ||||||
11 | physicians and nurses in treatment of pediatric trauma; | ||||||
12 | (d) Contract with an Illinois medical school to develop | ||||||
13 | and test triage and field scoring for pediatric trauma if the | ||||||
14 | needs assessment by the work group indicates that current | ||||||
15 | scoring is inadequate; | ||||||
16 | (e) Support existing pediatric trauma programs and assist | ||||||
17 | in establishing new pediatric trauma programs throughout the | ||||||
18 | State; | ||||||
19 | (f) Provide grants to EMS systems for special pediatric | ||||||
20 | equipment for prehospital care based on needs identified by | ||||||
21 | the work group; and | ||||||
22 | (g) Provide grants to EMS systems and trauma centers for | ||||||
23 | specialized training in pediatric trauma based on needs | ||||||
24 | identified by the work group. | ||||||
25 | (Source: P.A. 89-177, eff. 7-19-95.) |
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| |||||||
1 | (210 ILCS 50/3.140) | ||||||
2 | Sec. 3.140. Violations; Fines. | ||||||
3 | (a) The Department shall have the authority to impose | ||||||
4 | fines on any licensed vehicle service provider, stretcher van | ||||||
5 | provider, designated trauma center, Acute Injury Stabilization | ||||||
6 | Center, resource hospital, associate hospital, or | ||||||
7 | participating hospital. | ||||||
8 | (b) The Department shall adopt rules pursuant to this Act | ||||||
9 | which establish a system of fines related to the type and level | ||||||
10 | of violation or repeat violation, including , but not limited | ||||||
11 | to: | ||||||
12 | (1) A fine not exceeding $10,000 for each a violation | ||||||
13 | which created a condition or occurrence presenting a | ||||||
14 | substantial probability that death or serious harm to an | ||||||
15 | individual will or did result therefrom; and | ||||||
16 | (2) A fine not exceeding $5,000 for each a violation | ||||||
17 | which creates or created a condition or occurrence which | ||||||
18 | threatens the health, safety or welfare of an individual. | ||||||
19 | (c) A Notice of Intent to Impose Fine may be issued in | ||||||
20 | conjunction with or in lieu of a Notice of Intent to Suspend, | ||||||
21 | Revoke, Nonrenew or Deny, and shall conform to the | ||||||
22 | requirements specified in Section 3.130(d) of this Act. All | ||||||
23 | Hearings conducted pursuant to a Notice of Intent to Impose | ||||||
24 | Fine shall conform to the requirements specified in Section | ||||||
25 | 3.135 of this Act. | ||||||
26 | (d) All fines collected pursuant to this Section shall be |
| |||||||
| |||||||
1 | deposited into the EMS Assistance Fund. | ||||||
2 | (Source: P.A. 98-973, eff. 8-15-14.) | ||||||
3 | (210 ILCS 50/3.200) | ||||||
4 | Sec. 3.200. State Emergency Medical Services Advisory | ||||||
5 | Council. | ||||||
6 | (a) There shall be established within the Department of | ||||||
7 | Public Health a State Emergency Medical Services Advisory | ||||||
8 | Council, which shall serve as an advisory body to the | ||||||
9 | Department on matters related to this Act. | ||||||
10 | (b) Membership of the Council shall include one | ||||||
11 | representative from each EMS Region, to be appointed by each | ||||||
12 | region's EMS Regional Advisory Committee. The Governor shall | ||||||
13 | appoint additional members to the Council as necessary to | ||||||
14 | insure that the Council includes one representative from each | ||||||
15 | of the following categories: | ||||||
16 | (1) EMS Medical Director, | ||||||
17 | (2) Trauma Center Medical Director, | ||||||
18 | (3) Licensed, practicing physician with regular and | ||||||
19 | frequent involvement in the provision of emergency care, | ||||||
20 | (4) Licensed, practicing physician with special | ||||||
21 | expertise in the surgical care of the trauma patient, | ||||||
22 | (5) EMS System Coordinator, | ||||||
23 | (6) TNS, | ||||||
24 | (7) Paramedic, | ||||||
25 | (7.5) A-EMT, |
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| |||||||
1 | (8) EMT-I, | ||||||
2 | (9) EMT, | ||||||
3 | (10) Private vehicle service provider, | ||||||
4 | (11) Law enforcement officer, | ||||||
5 | (12) Chief of a public vehicle service provider, | ||||||
6 | (13) Statewide firefighters' union member affiliated | ||||||
7 | with a vehicle service provider, | ||||||
8 | (14) Administrative representative from a fire | ||||||
9 | department vehicle service provider in a municipality with | ||||||
10 | a population of over 2 million people , ; | ||||||
11 | (15) Administrative representative from a Resource | ||||||
12 | Hospital or EMS System Administrative Director , and . | ||||||
13 | (16) Representative from a pediatric critical care | ||||||
14 | center. | ||||||
15 | (c) Members shall be appointed for a term of 3 years. All | ||||||
16 | appointees shall serve until their successors are appointed | ||||||
17 | and qualified. | ||||||
18 | (d) The Council shall be provided a 90-day period in which | ||||||
19 | to review and comment, in consultation with the subcommittee | ||||||
20 | to which the rules are relevant, upon all rules proposed by the | ||||||
21 | Department pursuant to this Act, except for rules adopted | ||||||
22 | pursuant to Section 3.190(a) of this Act, rules submitted to | ||||||
23 | the State Trauma Advisory Council and emergency rules adopted | ||||||
24 | pursuant to Section 5-45 of the Illinois Administrative | ||||||
25 | Procedure Act. The 90-day review and comment period may | ||||||
26 | commence upon the Department's submission of the proposed |
| |||||||
| |||||||
1 | rules to the individual Council members, if the Council is not | ||||||
2 | meeting at the time the proposed rules are ready for Council | ||||||
3 | review. Any non-emergency rules adopted prior to the Council's | ||||||
4 | 90-day review and comment period shall be null and void. If the | ||||||
5 | Council fails to advise the Department within its 90-day | ||||||
6 | review and comment period, the rule shall be considered acted | ||||||
7 | upon. | ||||||
8 | (e) Council members shall be reimbursed for reasonable | ||||||
9 | travel expenses incurred during the performance of their | ||||||
10 | duties under this Section. | ||||||
11 | (f) The Department shall provide administrative support to | ||||||
12 | the Council for the preparation of the agenda and minutes for | ||||||
13 | Council meetings and distribution of proposed rules to Council | ||||||
14 | members. | ||||||
15 | (g) The Council shall act pursuant to bylaws which it | ||||||
16 | adopts, which shall include the annual election of a Chair and | ||||||
17 | Vice-Chair. | ||||||
18 | (h) The Director or his designee shall be present at all | ||||||
19 | Council meetings. | ||||||
20 | (i) Nothing in this Section shall preclude the Council | ||||||
21 | from reviewing and commenting on proposed rules which fall | ||||||
22 | under the purview of the State Trauma Advisory Council. | ||||||
23 | (Source: P.A. 98-973, eff. 8-15-14.) | ||||||
24 | (210 ILCS 50/3.205) | ||||||
25 | Sec. 3.205. State Trauma Advisory Council. |
| |||||||
| |||||||
1 | (a) There shall be established within the Department of | ||||||
2 | Public Health a State Trauma Advisory Council, which shall | ||||||
3 | serve as an advisory body to the Department on matters related | ||||||
4 | to trauma care and trauma centers. | ||||||
5 | (b) Membership of the Council shall include one | ||||||
6 | representative from each Regional Trauma Advisory Committee, | ||||||
7 | to be appointed by each Committee. The Governor shall appoint | ||||||
8 | the following additional members: | ||||||
9 | (1) An EMS Medical Director, | ||||||
10 | (2) A trauma center medical director, | ||||||
11 | (3) A trauma surgeon, | ||||||
12 | (4) A trauma nurse coordinator, | ||||||
13 | (5) A representative from a private vehicle service | ||||||
14 | provider, | ||||||
15 | (6) A representative from a public vehicle service | ||||||
16 | provider, | ||||||
17 | (7) A member of the State EMS Advisory Council , ;and and | ||||||
18 | (8) A neurosurgeon . | ||||||
19 | (8) A burn care medical representative. | ||||||
20 | The Governor may also appoint, as an additional member | ||||||
21 | of the Council, a neurosurgeon. | ||||||
22 | (c) Members shall be appointed for a term of 3 years. All | ||||||
23 | appointees shall serve until their successors are appointed | ||||||
24 | and qualified. | ||||||
25 | (d) The Council shall be provided a 90-day period in which | ||||||
26 | to review and comment upon all rules proposed by the |
| |||||||
| |||||||
1 | Department pursuant to this Act concerning trauma care, except | ||||||
2 | for emergency rules adopted pursuant to Section 5-45 of the | ||||||
3 | Illinois Administrative Procedure Act. The 90-day review and | ||||||
4 | comment period may commence upon the Department's submission | ||||||
5 | of the proposed rules to the individual Council members, if | ||||||
6 | the Council is not meeting at the time the proposed rules are | ||||||
7 | ready for Council review. Any non-emergency rules adopted | ||||||
8 | prior to the Council's 90-day review and comment period shall | ||||||
9 | be null and void. If the Council fails to advise the Department | ||||||
10 | within its 90-day review and comment period, the rule shall be | ||||||
11 | considered acted upon; | ||||||
12 | (e) Council members shall be reimbursed for reasonable | ||||||
13 | travel expenses incurred during the performance of their | ||||||
14 | duties under this Section. | ||||||
15 | (f) The Department shall provide administrative support to | ||||||
16 | the Council for the preparation of the agenda and minutes for | ||||||
17 | Council meetings and distribution of proposed rules to Council | ||||||
18 | members. | ||||||
19 | (g) The Council shall act pursuant to bylaws which it | ||||||
20 | adopts, which shall include the annual election of a Chair and | ||||||
21 | Vice-Chair. | ||||||
22 | (h) The Director or his designee shall be present at all | ||||||
23 | Council meetings. | ||||||
24 | (i) Nothing in this Section shall preclude the Council | ||||||
25 | from reviewing and commenting on proposed rules which fall | ||||||
26 | under the purview of the State EMS Advisory Council. |
| |||||||
| |||||||
1 | (Source: P.A. 98-973, eff. 8-15-14.) | ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law. |