Full Text of HB1476 97th General Assembly
HB1476ham002 97TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 4/6/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1476
| 2 | | AMENDMENT NO. ______. Amend House Bill 1476, AS AMENDED, as | 3 | | follows:
| 4 | | on page 1, immediately below line 3, by inserting the | 5 | | following: | 6 | | "Section 3. The Hospital Licensing Act is amended by adding | 7 | | Section 9.7 as follows: | 8 | | (210 ILCS 85/9.7 new) | 9 | | Sec. 9.7. Health care facility requirements to report | 10 | | adverse events resulting in patient death or serious | 11 | | disability. | 12 | | (a) Definitions. As used in this Act: | 13 | | (1) "Death" means a patient's death related to an | 14 | | adverse event and not related solely to the natural course | 15 | | of the patient's illness or underlying condition. Events |
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| 1 | | otherwise reportable shall be reported even if the death | 2 | | might have otherwise occurred as the natural course of the | 3 | | patient's illness or underlying condition. | 4 | | (2) "Serious disability" means a physical or mental | 5 | | impairment, including loss of a body part, related to an | 6 | | adverse event and not related solely to the natural course | 7 | | of the patient's illness or underlying condition, that | 8 | | substantially limits one or more of the major life | 9 | | activities of an individual or a loss of bodily function, | 10 | | if the impairment or loss lasts more than 7 days prior to | 11 | | discharge or is still present at the time of discharge from | 12 | | an inpatient health care facility. | 13 | | (b) Notwithstanding any other reporting requirements of | 14 | | State law or regulation, each health care facility shall report | 15 | | to the Department, in the form and manner required by the | 16 | | Department, the occurrence of any of the adverse health care | 17 | | events described in subsections (c) through (h) of this Section | 18 | | no later than 30 days after discovery of the event. The | 19 | | Department shall determine from the information provided in the | 20 | | report if there is a basis for further investigation to | 21 | | determine if there were any violations of the standards and | 22 | | procedures covered by this Act. | 23 | | (c) Surgical events reportable under this subsection are: | 24 | | (1) surgery performed on a wrong body part that is not | 25 | | consistent with the documented informed consent for that | 26 | | patient; reportable events under this clause do not include |
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| 1 | | situations requiring prompt action that occur in the course | 2 | | of surgery or situations whose urgency precludes obtaining | 3 | | informed consent; | 4 | | (2) surgery performed on the wrong patient; | 5 | | (3) the wrong surgical procedure performed on a
patient | 6 | | that is not consistent with the documented informed consent | 7 | | for that patient; reportable events under this clause do | 8 | | not include situations requiring prompt action that occur | 9 | | in the course of surgery or situations whose urgency | 10 | | precludes obtaining informed consent; | 11 | | (4) retention of a foreign object in a patient after
| 12 | | surgery or other procedure, excluding objects | 13 | | intentionally implanted as part of a planned intervention | 14 | | and objects present prior to surgery that are intentionally | 15 | | retained; and | 16 | | (5) death during or immediately after surgery of a
| 17 | | normal, healthy patient who has no organic, physiologic, | 18 | | biochemical, or psychiatric disturbance and for whom the | 19 | | pathologic processes for which the operation is to be | 20 | | performed are localized and do not entail a systemic | 21 | | disturbance. | 22 | | (d) Product or device events reportable under this | 23 | | subsection are: | 24 | | (1) patient death or serious disability associated
| 25 | | with the use of contaminated drugs, devices, or biologics | 26 | | provided by the health care facility when the contamination |
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| 1 | | is the result of generally detectable contaminants in | 2 | | drugs, devices, or biologics regardless of the source of | 3 | | the contamination or the product; | 4 | | (2) patient death or serious disability associated
| 5 | | with the use or function of a device in patient care in | 6 | | which the device is used or functions other than as | 7 | | intended; "device" includes, but is not limited to, | 8 | | catheters, drains, and other specialized tubes, infusion | 9 | | pumps, and ventilators; and | 10 | | (3) patient death or serious disability associated
| 11 | | with intravascular air embolism that occurs while being | 12 | | cared for in a health care facility, excluding deaths | 13 | | associated with neurosurgical procedures known to present | 14 | | a high risk of intravascular air embolism. | 15 | | (e) Patient protection events reportable under this | 16 | | subsection are: | 17 | | (1) an infant discharged to the wrong person; | 18 | | (2) patient death or serious disability associated
| 19 | | with patient disappearance for more than 4 hours, excluding | 20 | | events involving adults who have decision-making capacity; | 21 | | and | 22 | | (3) patient suicide or attempted suicide resulting
in | 23 | | serious disability while being cared for in a health care | 24 | | facility due to patient actions after admission to the | 25 | | health care facility, excluding deaths resulting from | 26 | | self-inflicted injuries that were the reason for admission |
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| 1 | | to the health care facility. | 2 | | (f) Care management events reportable under this | 3 | | subsection are: | 4 | | (1) patient death or serious disability associated
| 5 | | with a medication error, including, but not limited to, | 6 | | errors involving the wrong drug, the wrong dose, the wrong | 7 | | patient, the wrong time, the wrong rate, the wrong | 8 | | preparation, or the wrong route of administration, | 9 | | excluding reasonable differences in clinical judgment on | 10 | | drug selection and dose; | 11 | | (2) patient death or serious disability associated
| 12 | | with a hemolytic reaction due to the administration of ABO | 13 | | incompatible blood or blood products; | 14 | | (3) maternal death or serious disability associated
| 15 | | with labor or delivery in a low-risk pregnancy while being | 16 | | cared for in a health care facility, excluding deaths from | 17 | | pulmonary or amniotic fluid embolism, acute fatty liver of | 18 | | pregnancy, or cardiomyopathy; and | 19 | | (4) patient death or serious disability directly
| 20 | | related to hypoglycemia, the onset of which occurs while | 21 | | the patient is being cared for in a health care facility | 22 | | for a condition unrelated to hypoglycemia. | 23 | | (g) Environmental events reportable under this subsection | 24 | | are: | 25 | | (1) patient death or serious disability associated
| 26 | | with an electric shock while being cared for in a health |
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| 1 | | care facility, excluding events involving planned | 2 | | treatments such as electric countershock; | 3 | | (2) any incident in which a line designated for
oxygen | 4 | | or other gas to be delivered to a patient contains the | 5 | | wrong gas or is contaminated by toxic substances; | 6 | | (3) patient death or serious disability associated
| 7 | | with a burn incurred from any source while being cared for | 8 | | in a health care facility that is not consistent with the | 9 | | documented informed consent for that patient; reportable | 10 | | events under this clause do not include situations | 11 | | requiring prompt action that occur in the course of surgery | 12 | | or situations whose urgency precludes obtaining informed | 13 | | consent; | 14 | | (4) patient death associated with a fall while being
| 15 | | cared for in a health care facility; and | 16 | | (5) patient death or serious disability associated
| 17 | | with the use of restraints or bedrails while being cared | 18 | | for in a health care facility. | 19 | | (h) Physical security events reportable under this | 20 | | subsection are: | 21 | | (1) any instance of care ordered by or provided by
| 22 | | someone impersonating a physician, nurse, pharmacist, or | 23 | | other licensed health care provider; | 24 | | (2) abduction of a patient of any age; | 25 | | (3) sexual assault on a patient within or on the
| 26 | | grounds of a health care facility; and |
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| 1 | | (4) death or significant injury of a patient or staff
| 2 | | member resulting from a physical assault that occurs within | 3 | | or on the grounds of a health care facility. ".
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