Full Text of HB5348 94th General Assembly
HB5348enr 94TH GENERAL ASSEMBLY
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HB5348 Enrolled |
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LRB094 15586 LCT 55049 b |
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| AN ACT concerning burn injury reporting.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Burn | 5 |
| Injury Reporting Act. | 6 |
| Section 5. Burn injury reporting. | 7 |
| (a) Every case of a burn injury treated in a hospital as | 8 |
| described in this Act may be reported to the Office of the | 9 |
| State Fire Marshal. The hospital's administrator, manager, | 10 |
| superintendent, or his or her designee deciding to report under | 11 |
| this Act shall make an oral report of every burn injury in a | 12 |
| timely manner as soon as treatment permits, except as provided | 13 |
| in subsection (c) of this Section, that meets one of the | 14 |
| following criteria: | 15 |
| (1) a person receives a serious second-degree burn or a | 16 |
| third degree burn, but not a radiation burn, to 10% or more | 17 |
| of the person's body as a whole; | 18 |
| (2) a person sustains a burn to the upper respiratory | 19 |
| tract or occurring laryngeal edema due to the inhalation of | 20 |
| superheated air; | 21 |
| (3) a person sustains any burn injury likely to result | 22 |
| in death; or | 23 |
| (4) a person sustains any other burn injury not | 24 |
| excluded by subsection (c). | 25 |
| (b) The oral report shall consist of notification by | 26 |
| telephone to the Office of the State Fire Marshal using a | 27 |
| toll-free number established by the Office of the State Fire | 28 |
| Marshal for this purpose. | 29 |
| (c) A hospital's administrator, manager, superintendent, | 30 |
| or his or her designee deciding to report under this Act shall | 31 |
| not report any of the following burn injuries: | 32 |
| (1) a burn injury of a first responder, as defined in |
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HB5348 Enrolled |
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LRB094 15586 LCT 55049 b |
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| Section 3.60 of the Emergency Medical Services (EMS) | 2 |
| Systems Act, sustained in the line of duty; | 3 |
| (2) a burn injury caused by lighting; | 4 |
| (3) a burn injury caused by a motor vehicle accident; | 5 |
| or | 6 |
| (4) a burn injury caused by an identifiable industrial | 7 |
| accident or work-related accident. | 8 |
| Section 10. Report contents. The report shall consist of | 9 |
| the following reported information to the extent available: | 10 |
| (1) Name, address, and date of birth of the victim. | 11 |
| (2) Address where the burn injury occurred. | 12 |
| (3) Date and time of the burn occurrence. | 13 |
| (4) Degree of burn injury, percentage of the body | 14 |
| affected by the burn injury, and the specific area of the | 15 |
| body affected by the burn injury. | 16 |
| (5) The name and address of the facility treating the | 17 |
| patient. | 18 |
| Section 15. Confidentiality. Information collected in | 19 |
| these reports that could identify the hospital, any health care | 20 |
| professional, any hospital staff, or the patient shall remain | 21 |
| confidential and only be divulged as needed in the | 22 |
| investigation or prosecution of a criminal offense. No | 23 |
| information shall be included in the report naming or | 24 |
| identifying any health care professional or hospital staff. The | 25 |
| hospital medical records shall only be disclosed in accordance | 26 |
| with Illinois law and the federal Health Insurance Portability | 27 |
| and Accountability Act of 1996 and its rules. | 28 |
| Section 20. Good faith. With the exception of willful and | 29 |
| wanton misconduct, any individual who in good faith acts in | 30 |
| accordance with the terms of this Act or assisting in reporting | 31 |
| shall not be subject to any civil or criminal liability or | 32 |
| discipline for unprofessional conduct.
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HB5348 Enrolled |
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LRB094 15586 LCT 55049 b |
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| Section 25. Application. This Act applies only to hospitals | 2 |
| that treat a patient initially for a burn injury. This Act does | 3 |
| not apply to a hospital that receives a patient who has been | 4 |
| transferred for a burn that was initially treated at another | 5 |
| hospital. Nothing in this Act shall be construed to require a | 6 |
| hospital to report burn injuries. | 7 |
| Section 30. Public information campaign. The Office of the | 8 |
| State Fire Marshal shall conduct a public information campaign | 9 |
| working in conjunction with hospitals, physicians, fire | 10 |
| investigators, and law enforcement to inform hospitals of the | 11 |
| opportunity to report burn injuries to the toll-free number | 12 |
| maintained by the Office pursuant to this Act. | 13 |
| Section 300. The Regulatory Sunset Act is amended by adding | 14 |
| Section 4.19a as follows: | 15 |
| (5 ILCS 80/4.19a new) | 16 |
| Sec. 4.19a. Act repealed on January 1, 2009. The following | 17 |
| Act is repealed on January 1, 2009: | 18 |
| The Burn Injury Reporting Act. |
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