Full Text of HB3772 97th General Assembly
HB3772ham001 97TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/2/2012
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| 1 | | AMENDMENT TO HOUSE BILL 3772
| 2 | | AMENDMENT NO. ______. Amend House Bill 3772 on page 1, line | 3 | | 5, by replacing "10-20" with "10-15, 10-20,"; and | 4 | | on page 1, immediately below line 6, by inserting the | 5 | | following:
| 6 | | "(410 ILCS 522/10-15)
| 7 | | Sec. 10-15. Health care facility requirements to report, | 8 | | analyze, and correct. | 9 | | (a) Reports of adverse health care events required. Each | 10 | | health care facility shall report to the Department the | 11 | | occurrence of any of the adverse health care events described | 12 | | in subsections (b) through (g) no later than 30 days after | 13 | | discovery of the event. The report shall be filed in a format | 14 | | specified by the Department and shall identify the health care | 15 | | facility, but shall not include any information identifying or | 16 | | that tends to identify any of the health care professionals, |
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| 1 | | employees, or patients involved. | 2 | | (a-5) Revisions of the listing of events. The Department | 3 | | may by rule revise the listing of events reportable under this | 4 | | Act to conform with the latest National Quality Forum | 5 | | guidelines. | 6 | | (b) Surgical events. Events reportable under this | 7 | | subsection are: | 8 | | (1) Surgery performed on a wrong body part that is not | 9 | | consistent with the documented informed consent for that | 10 | | patient. Reportable events under this clause do not include | 11 | | situations requiring prompt action that occur in the course | 12 | | of surgery or situations whose urgency precludes obtaining | 13 | | informed consent. | 14 | | (2) Surgery performed on the wrong patient. | 15 | | (3) The wrong surgical procedure performed on a patient | 16 | | that is not consistent with the documented informed consent | 17 | | for that patient. Reportable events under this clause do | 18 | | not include situations requiring prompt action that occur | 19 | | in the course of surgery or situations whose urgency | 20 | | precludes obtaining informed consent. | 21 | | (4) Retention of a foreign object in a patient after | 22 | | surgery or other procedure, excluding objects | 23 | | intentionally implanted as part of a planned intervention | 24 | | and objects present prior to surgery that are intentionally | 25 | | retained. | 26 | | (5) Death during or immediately after surgery of a |
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| 1 | | normal, healthy patient who has no organic, physiologic, | 2 | | biochemical, or psychiatric disturbance and for whom the | 3 | | pathologic processes for which the operation is to be | 4 | | performed are localized and do not entail a systemic | 5 | | disturbance. | 6 | | (c) Product or device events. Events reportable under this | 7 | | subsection are: | 8 | | (1) Patient death or serious disability associated | 9 | | with the use of contaminated drugs, devices, or biologics | 10 | | provided by the health care facility when the contamination | 11 | | is the result of generally detectable contaminants in | 12 | | drugs, devices, or biologics regardless of the source of | 13 | | the contamination or the product. | 14 | | (2) Patient death or serious disability associated | 15 | | with the use or function of a device in patient care in | 16 | | which the device is used or functions other than as | 17 | | intended. "Device" includes, but is not limited to, | 18 | | catheters, drains, and other specialized tubes, infusion | 19 | | pumps, and ventilators. | 20 | | (3) Patient death or serious disability associated | 21 | | with intravascular air embolism that occurs while being | 22 | | cared for in a health care facility, excluding deaths | 23 | | associated with neurosurgical procedures known to present | 24 | | a high risk of intravascular air embolism. | 25 | | (d) Patient protection events. Events reportable under | 26 | | this subsection are: |
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| 1 | | (1) An infant discharged to the wrong person. | 2 | | (2) Patient death or serious disability associated | 3 | | with patient disappearance for more than 4 hours, excluding | 4 | | events involving adults who have decision-making capacity. | 5 | | (3) Patient suicide or attempted suicide resulting in | 6 | | serious disability while being cared for in a health care | 7 | | facility due to patient actions after admission to the | 8 | | health care facility, excluding deaths resulting from | 9 | | self-inflicted injuries that were the reason for admission | 10 | | to the health care facility. | 11 | | (e) Care management events. Events reportable under this | 12 | | subsection are: | 13 | | (1) Patient death or serious disability associated | 14 | | with a medication error, including, but not limited to, | 15 | | errors involving the wrong drug, the wrong dose, the wrong | 16 | | patient, the wrong time, the wrong rate, the wrong | 17 | | preparation, or the wrong route of administration, | 18 | | excluding reasonable differences in clinical judgment on | 19 | | drug selection and dose. | 20 | | (2) Patient death or serious disability associated | 21 | | with a hemolytic reaction due to the administration of | 22 | | ABO-incompatible blood or blood products. | 23 | | (3) Maternal death or serious disability associated | 24 | | with labor or delivery in a low-risk pregnancy while being | 25 | | cared for in a health care facility, excluding deaths from | 26 | | pulmonary or amniotic fluid embolism, acute fatty liver of |
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| 1 | | pregnancy, or cardiomyopathy. | 2 | | (4) Patient death or serious disability directly | 3 | | related to hypoglycemia, the onset of which occurs while | 4 | | the patient is being cared for in a health care facility | 5 | | for a condition unrelated to hypoglycemia. | 6 | | (f) Environmental events. Events reportable under this | 7 | | subsection are: | 8 | | (1) Patient death or serious disability associated | 9 | | with an electric shock while being cared for in a health | 10 | | care facility, excluding events involving planned | 11 | | treatments such as electric countershock.
| 12 | | (2) Any incident in which a line designated for oxygen | 13 | | or other gas to be delivered to a patient contains the | 14 | | wrong gas or is contaminated by toxic substances.
| 15 | | (3) Patient death or serious disability associated | 16 | | with a burn incurred from any source while being cared for | 17 | | in a health care facility that is not consistent with the | 18 | | documented informed consent for that patient. Reportable | 19 | | events under this clause do not include situations | 20 | | requiring prompt action that occur in the course of surgery | 21 | | or situations whose urgency precludes obtaining informed | 22 | | consent.
| 23 | | (4) Patient death associated with a fall while being | 24 | | cared for in a health care facility.
| 25 | | (5) Patient death or serious disability associated | 26 | | with the use of restraints or bedrails while being cared |
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| 1 | | for in a health care facility. | 2 | | (g) Physical security events. Events reportable under this | 3 | | subsection are: | 4 | | (1) Any instance of care ordered by or provided by | 5 | | someone impersonating a physician, nurse, pharmacist, or | 6 | | other licensed health care provider. | 7 | | (2) Abduction of a patient of any age. | 8 | | (3) Sexual assault on a patient within or on the | 9 | | grounds of a health care facility. | 10 | | (4) Death or significant injury of a patient or staff | 11 | | member resulting from a physical assault that occurs within | 12 | | or on the grounds of a health care facility. | 13 | | (h) Definitions. As used in this Section 10-15: | 14 | |
"Death" means patient death related to an adverse event | 15 | | and not related solely to the natural course of the patient's | 16 | | illness or underlying condition. Events otherwise reportable | 17 | | under this Section 10-15 shall be reported even if the death | 18 | | might have otherwise occurred as the natural course of the | 19 | | patient's illness or underlying condition. | 20 | | "Serious disability" means a physical or mental | 21 | | impairment, including loss of a body part, related to an | 22 | | adverse event and not related solely to the natural course of | 23 | | the patient's illness or underlying condition, that | 24 | | substantially limits one or more of the major life activities | 25 | | of an individual or a loss of bodily function, if the | 26 | | impairment or loss lasts more than 7 days prior to discharge or |
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| 1 | | is still present at the time of discharge from an inpatient | 2 | | health care facility.
| 3 | | (Source: P.A. 94-242, eff. 7-18-05.)".
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