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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Infectious Disease Notification Act. | ||||||
6 | Section 3. Definitions. For the purpose of this Act: | ||||||
7 | "Medical facility" means a hospital licensed under the | ||||||
8 | Hospital Licensing Act or a free standing emergency center | ||||||
9 | under the Emergency Medical Services (EMS) Systems Act. | ||||||
10 | "Physician" means a person licensed under the Medical | ||||||
11 | Practice Act of 1987 to practice medicine in all of its | ||||||
12 | branches. | ||||||
13 | Section 5. Notification of designated officer. | ||||||
14 | (a) If a victim of an emergency is transported by emergency | ||||||
15 | response employees to a medical facility and the medical | ||||||
16 | facility makes a determination that the victim has an airborne | ||||||
17 | infectious disease or any other communicable disease that in | ||||||
18 | the judgment of a physician could have resulted in the | ||||||
19 | transmission of that disease to an emergency response employee, | ||||||
20 | then the medical facility shall notify the designated officer | ||||||
21 | of the emergency response employees who transported the victim | ||||||
22 | to the medical facility of the determination. |
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1 | (b) If a victim of an emergency is transported by emergency | ||||||
2 | response employees to a medical facility and the victim dies at | ||||||
3 | or before reaching the medical facility, the medical facility | ||||||
4 | ascertaining the cause of death shall notify the designated | ||||||
5 | officer of the emergency response employees who transported the | ||||||
6 | victim to the initial medical facility of any determination by | ||||||
7 | the medical facility that the victim had an airborne infectious | ||||||
8 | disease or communicable disease that in the judgment of a | ||||||
9 | physician could have resulted in the transmission of that | ||||||
10 | disease to an emergency response employee.
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11 | Section 10. Requests for notification. | ||||||
12 | (a) If an emergency response employee believes that the | ||||||
13 | employee may have been exposed to an infectious disease by a | ||||||
14 | victim of an emergency who was transported to a medical | ||||||
15 | facility as a result of the emergency and if the employee | ||||||
16 | attended, treated, assisted, or transported the victim | ||||||
17 | pursuant to the emergency, then the designated officer of the | ||||||
18 | employee shall, upon the request of the employee, carry out the | ||||||
19 | duties described in subsection (b) of this Section concerning a | ||||||
20 | determination of whether the employee may have been exposed to | ||||||
21 | an infectious disease by the victim. | ||||||
22 | (b) The duties concerning a determination of whether the | ||||||
23 | employee may have been exposed to an infectious disease by the | ||||||
24 | victim are as follows: | ||||||
25 | (1) the designated officer involved shall collect the |
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1 | facts relating to the circumstances under which, for | ||||||
2 | purposes of subsection (a) of this Section, the employee | ||||||
3 | involved may have been exposed to an infectious disease; | ||||||
4 | and | ||||||
5 | (2) the designated officer shall evaluate the facts and | ||||||
6 | make a determination of whether, if the victim involved had | ||||||
7 | any known infectious disease, the employee would have been | ||||||
8 | exposed to the disease under such facts.
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9 | (c) If a designated officer makes a determination under | ||||||
10 | item (2) of subsection (b) of this Section that an emergency | ||||||
11 | response employee may have been exposed to an infectious | ||||||
12 | disease, the designated officer shall submit to the medical | ||||||
13 | facility to which the victim involved was transported a request | ||||||
14 | for a response under subsection (d) of this Section concerning | ||||||
15 | the victim of the emergency involved. The request shall be in | ||||||
16 | writing and be signed by the designated officer involved, and | ||||||
17 | shall contain a statement of the facts collected pursuant to | ||||||
18 | item (1) of subsection (b). | ||||||
19 | (d) The procedures concerning an evaluation of and response | ||||||
20 | to a request to a medical facility pursuant to this Act are as | ||||||
21 | follows: | ||||||
22 | (1) If a medical facility receives a request under | ||||||
23 | subsection (c) of this Section, then the medical facility | ||||||
24 | shall evaluate the facts submitted in the request and make | ||||||
25 | a determination of whether, on the basis of the medical | ||||||
26 | information possessed by the facility regarding the victim |
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1 | involved and in the professional judgment of a physician, | ||||||
2 | the emergency response employee was exposed to a known | ||||||
3 | infectious disease and the exposure was of a type that | ||||||
4 | could have resulted in transmission of the infectious | ||||||
5 | disease to the emergency response employee. | ||||||
6 | (2) If a medical facility makes a determination under | ||||||
7 | item (1) of this subsection (d) that the emergency response | ||||||
8 | employee involved has been exposed to an infectious disease | ||||||
9 | and the exposure was of a type that in the judgment of a | ||||||
10 | physician could have resulted in the transmission of the | ||||||
11 | infectious disease to the emergency response employee, | ||||||
12 | then the medical facility shall, in writing, notify the | ||||||
13 | designated officer who submitted the request of the | ||||||
14 | determination. No personally identifiable health | ||||||
15 | information may be released to the designated officer other | ||||||
16 | than notification of the exposure to the infectious | ||||||
17 | disease. | ||||||
18 | (3) If a medical facility makes a determination under | ||||||
19 | item (1) of this subsection (d) that the emergency response | ||||||
20 | employee involved has not been exposed to an infectious | ||||||
21 | disease, or that the exposure was not of a type that in the | ||||||
22 | judgment of a physician would have resulted in transmission | ||||||
23 | of the infectious disease to the employee, then the medical | ||||||
24 | facility shall, in writing, inform the designated officer | ||||||
25 | who submitted the request of the determination. |
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1 | Section 15. Rules. The Department of Public Health shall | ||||||
2 | adopt rules that it deems necessary for the efficient | ||||||
3 | administration of this Act. | ||||||
4 | Section 20. Relationship to other Acts. To the extent that | ||||||
5 | the provisions of this Act conflict with any provision of the | ||||||
6 | AIDS Confidentiality Act, the provisions of the AIDS | ||||||
7 | Confidentiality Act shall control.
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