Illinois General Assembly - Full Text of HB5348
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Full Text of HB5348  94th General Assembly


Sen. William R. Haine

Filed: 3/22/2006





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2     AMENDMENT NO. ______. Amend House Bill 5348 by replacing
3 everything after the enacting clause with the following:
4     "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).



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1     (b) The oral report shall consist of notification by
2 telephone to the Office of the State Fire Marshal using a
3 toll-free number established by the Office of the State Fire
4 Marshal for this purpose.
5     (c) A hospital's administrator, manager, superintendent,
6 or his or her designee deciding to report under this Act shall
7 not report any of the following burn injuries:
8         (1) a burn injury of a first responder, as defined in
9     Section 3.60 of the Emergency Medical Services (EMS)
10     Systems Act, sustained in the line of duty;
11         (2) a burn injury caused by lighting;
12         (3) a burn injury caused by a motor vehicle accident;
13     or
14         (4) a burn injury caused by an identifiable industrial
15     accident or work-related accident.
16     Section 10. Report contents. The report shall consist of
17 the following reported information to the extent available:
18         (1) Name, address, and date of birth of the victim.
19         (2) Address where the burn injury occurred.
20         (3) Date and time of the burn occurrence.
21         (4) Degree of burn injury, percentage of the body
22     affected by the burn injury, and the specific area of the
23     body affected by the burn injury.
24         (5) The name and address of the facility treating the
25     patient.
26     Section 15. Confidentiality. Information collected in
27 these reports that could identify the hospital, any health care
28 professional, any hospital staff, or the patient shall remain
29 confidential and only be divulged as needed in the
30 investigation or prosecution of a criminal offense. No
31 information shall be included in the report naming or
32 identifying any health care professional or hospital staff. The



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1 hospital medical records shall only be disclosed in accordance
2 with Illinois law and the federal Health Insurance Portability
3 and Accountability Act of 1996 and its rules.
4     Section 20. Good faith. With the exception of willful and
5 wanton misconduct, any individual who in good faith acts in
6 accordance with the terms of this Act or assisting in reporting
7 shall not be subject to any civil or criminal liability or
8 discipline for unprofessional conduct.
9     Section 25. Application. This Act applies only to hospitals
10 that treat a patient initially for a burn injury. This Act does
11 not apply to a hospital that receives a patient who has been
12 transferred for a burn that was initially treated at another
13 hospital. Nothing in this Act shall be construed to require a
14 hospital to report burn injuries.
15     Section 30. Public information campaign. The Office of the
16 State Fire Marshal shall conduct a public information campaign
17 working in conjunction with hospitals, physicians, and law
18 enforcement to inform hospitals of the opportunity to report
19 burn injuries to the toll-free number maintained by the Office
20 pursuant to this Act.
21     Section 300. The Regulatory Sunset Act is amended by adding
22 Section 4.19a as follows:
23     (5 ILCS 80/4.19a new)
24     Sec. 4.19a. Act repealed on January 1, 2009. The following
25 Act is repealed on January 1, 2009:
26     The Burn Injury Reporting Act.".