Full Text of SB3432 98th General Assembly
SB3432enr 98TH GENERAL ASSEMBLY |
| | SB3432 Enrolled | | LRB098 19597 RPS 54789 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Hospital Licensing Act is amended by | 5 | | changing Section 6.08 as follows:
| 6 | | (210 ILCS 85/6.08) (from Ch. 111 1/2, par. 147.08)
| 7 | | Sec. 6.08.
| 8 | | (a) Every hospital shall provide notification as required | 9 | | in
this Section to police officers, firefighters, emergency
| 10 | | medical technicians, private emergency medical services | 11 | | providers, and
ambulance personnel who have provided or are | 12 | | about to provide transport services, emergency
care , or life | 13 | | support services to a patient who has been diagnosed as having
| 14 | | a dangerous communicable or infectious disease. Such | 15 | | notification shall
not include the name of the patient, and the | 16 | | emergency services provider
agency and any person receiving | 17 | | such
notification shall treat the information received as a | 18 | | confidential medical
record.
| 19 | | (b) The Department shall utilize the Centers for Disease | 20 | | Control and Prevention's list of potentially life-threatening | 21 | | infectious diseases to determine the diseases for which | 22 | | establish by regulation a list of those
communicable reportable | 23 | | diseases and conditions for which notification shall
be |
| | | SB3432 Enrolled | - 2 - | LRB098 19597 RPS 54789 b |
|
| 1 | | provided.
| 2 | | (c) The hospital shall send the letter of notification no | 3 | | later than 48 hours within 72 hours
after a confirmed diagnosis | 4 | | of any of the bloodborne communicable diseases listed by
the | 5 | | Department pursuant to subsection (b) , except confirmed | 6 | | diagnoses of
Acquired Immunodeficiency Syndrome (AIDS) . The If | 7 | | there is a confirmed
diagnosis of AIDS, the hospital shall | 8 | | attempt to make verbal communication, followed by written send | 9 | | the letter of notification only
if the police officers, | 10 | | firefighters, emergency medical
technicians, private emergency | 11 | | medical services providers, or ambulance personnel have
| 12 | | indicated both verbally and on the ambulance run
sheet that a | 13 | | reasonable possibility exists that they have had blood or body
| 14 | | fluid contact with the patient, or if hospital personnel | 15 | | providing the
notification have reason to know of a possible | 16 | | exposure.
| 17 | | (c-5) The hospital shall send the letter of notification no | 18 | | later than 48 hours after a confirmed diagnosis of any of the | 19 | | airborne or droplet-transmitted communicable diseases listed | 20 | | by the Department pursuant to subsection (b) and the hospital | 21 | | shall attempt to make verbal communication, followed by written | 22 | | notification. | 23 | | (d) Notification letters shall be sent to the designated | 24 | | officer contact at the
municipal or private provider agencies | 25 | | listed on the ambulance run sheet.
Except in municipalities | 26 | | with a population over 1,000,000, a list
attached to the
|
| | | SB3432 Enrolled | - 3 - | LRB098 19597 RPS 54789 b |
|
| 1 | | ambulance run sheet must contain all municipal and private | 2 | | provider
agency
personnel who have provided any pre-hospital | 3 | | care immediately prior to
transport.
In municipalities with a | 4 | | population over 1,000,000, the
ambulance run sheet must contain | 5 | | the company number or unit
designation number for any fire | 6 | | department personnel who have
provided any pre-hospital care | 7 | | immediately prior to transport.
The letter
shall state the | 8 | | names of crew members listed on
the attachment to
the ambulance
| 9 | | run sheet and the name of the
communicable disease diagnosed, | 10 | | but shall not
contain the patient's name. Upon receipt of such | 11 | | notification letter, the
applicable private provider agency or | 12 | | the designated infectious disease
control officer of a | 13 | | municipal fire department or fire protection
district shall | 14 | | contact all personnel involved in the pre-hospital or
| 15 | | inter-hospital care and transport of the patient. Such | 16 | | notification letter
may, but is not required to, consist of the | 17 | | following form:
| 18 | | NOTIFICATION LETTER
| 19 | | (NAME OF HOSPITAL)
| 20 | | (ADDRESS)
| 21 | | TO:...... (Name of Organization)
| 22 | | FROM:.....(Infection Control Coordinator)
| 23 | | DATE:.....
| 24 | | As required by Section 6.08 of the Illinois Hospital | 25 | | Licensing Act,
.....(name of hospital) is hereby providing | 26 | | notification that the following
crew
members or agencies |
| | | SB3432 Enrolled | - 4 - | LRB098 19597 RPS 54789 b |
|
| 1 | | transported or provided pre-hospital care to a patient
on ..... | 2 | | (date), and the transported patient was later
diagnosed as
| 3 | | having .....(name
of communicable disease): .....(list of crew | 4 | | members if known ). The Hospital
Licensing Act requires you to | 5 | | maintain this information as a confidential
medical record. | 6 | | Disclosure of this information may therefore result in
civil | 7 | | liability for the individual or company breaching the patient's
| 8 | | confidentiality, or both.
| 9 | | If you have any questions regarding this patient, please | 10 | | contact me at
.....(telephone number), between .....(hours). | 11 | | Questions regarding exposure
or the financial aspects of | 12 | | obtaining medical care should be directed to your
employer.
| 13 | | (e) Upon discharge of a patient with a communicable disease | 14 | | to emergency
personnel, the hospital shall notify the emergency | 15 | | personnel of appropriate
precautions against the communicable | 16 | | disease, but shall not identify the
name of the disease.
| 17 | | (f) The hospital may, in its discretion, take any measures | 18 | | in addition
to those required in this Section to notify
police | 19 | | officers, firefighters,
emergency medical technicians, and | 20 | | ambulance
personnel of possible exposure to any communicable | 21 | | disease. However, in
all cases this information shall be | 22 | | maintained as a confidential medical
record.
| 23 | | (g) Any person providing or failing to provide notification | 24 | | under the
protocol required by this Section shall have immunity | 25 | | from any liability,
either criminal or civil, that might result | 26 | | by reason of such action or
inaction, unless such action or |
| | | SB3432 Enrolled | - 5 - | LRB098 19597 RPS 54789 b |
|
| 1 | | inaction is willful.
| 2 | | (h) Any person who willfully fails to provide any | 3 | | notification required
pursuant to an applicable protocol which | 4 | | has been adopted and approved
pursuant to this Section commits | 5 | | a petty offense, and shall be subject
to a fine of $200 for the | 6 | | first offense, and $500 for a second or subsequent
offense.
| 7 | | (i) Nothing in this Section shall preclude a civil action | 8 | | by a
firefighter,
emergency medical technician, or ambulance | 9 | | crew member against
an emergency services provider
agency, | 10 | | municipal fire department, or fire protection district that | 11 | | fails to
inform the member in a timely
fashion of the
receipt | 12 | | of a notification letter.
| 13 | | (Source: P.A. 92-363, eff. 1-1-02.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
|
|