Full Text of HB4582 97th General Assembly
HB4582 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4582 Introduced 2/1/2012, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
| 210 ILCS 85/6.08 | from Ch. 111 1/2, par. 147.08 | 30 ILCS 805/8.36 new | |
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Amends the Hospital Licensing Act. Makes changes in connection with required notification of emergency responders (paramedics, firefighters, police officers, and others) who have provided or are about to provide emergency
care or life support services to a patient who has been diagnosed as having a reportable infectious disease (instead of a dangerous communicable or infectious disease). Adds persons who are entitled to notice and makes other changes with respect to designation of affected persons. Requires that notification letters be sent within 48 (instead of 72) hours after a confirmed diagnosis of an infectious disease. Deletes language limiting the requirement to send notification in the case of a confirmed diagnosis of AIDS. Deletes language imposing different requirements according to a municipality's population. Deletes language providing that a hospital may, in its discretion, take any measures in addition
to those required in these provisions to notify
police officers, firefighters,
emergency medical technicians, and ambulance
personnel of possible exposure to any communicable disease. Provides that certain provisions of the federal Ryan White HIV/AIDS Treatment Extension Act of 2009 (P.L. 111-87) concerning notification of possible exposure to infectious diseases apply to these provisions of the Hospital Licensing Act. Amends the State Mandates Act to require implementation without reimbursement by the State.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 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.
(a) Every hospital shall provide notification as | 8 | | required in
this Section to all emergency responders | 9 | | (including,
but not limited to, paramedics, firefighters, | 10 | | emergency medical responders, emergency medical technicians,
| 11 | | advanced emergency medical technicians, pre-hospital | 12 | | registered nurses, police officers, medical reserve
corps | 13 | | members, and volunteers) police officers, firefighters, | 14 | | emergency
medical technicians, and
ambulance personnel who | 15 | | have provided or are about to provide emergency
care or life | 16 | | support services to a patient who has been diagnosed as having | 17 | | a reportable dangerous communicable or infectious disease. | 18 | | Such notification shall
not include the name of the patient, | 19 | | and the emergency services provider agency's Designated | 20 | | Officer
agency and any person receiving such
notification shall | 21 | | treat the information received as a confidential medical
| 22 | | record. For purposes of this Section, "reportable infectious | 23 | | disease" or "reportable disease" means any disease identified |
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| 1 | | as such by the Centers for Disease Control and Prevention.
| 2 | | (b) The Department shall establish by regulation a list of | 3 | | those communicable reportable diseases and conditions for | 4 | | which notification shall
be provided.
| 5 | | (c) The hospital shall send the letter of notification to | 6 | | the emergency responder's Designated Officer within 48 72 hours
| 7 | | after a confirmed diagnosis of any of the infectious | 8 | | communicable diseases listed by
the Department pursuant to | 9 | | subsection (b) . In addition, the hospital shall verbally notify | 10 | | the emergency responder's Designated Officer as soon as | 11 | | possible that the notification letter has been sent. , except | 12 | | confirmed diagnoses of
Acquired Immunodeficiency Syndrome | 13 | | (AIDS). If there is a confirmed
diagnosis of AIDS, the hospital | 14 | | shall send the letter of notification only
if the police | 15 | | officers, firefighters, emergency medical
technicians, or | 16 | | ambulance personnel have
indicated on the ambulance run
sheet | 17 | | that a reasonable possibility exists that they have had blood | 18 | | or body
fluid contact with the patient, or if hospital | 19 | | personnel providing the
notification have reason to know of a | 20 | | possible exposure.
| 21 | | (d) Notification letters shall be sent to the Designated | 22 | | Officer designated contact at the
municipal or private provider | 23 | | agency agencies listed on the patient care report ambulance run | 24 | | sheet .
Except in municipalities with a population over | 25 | | 1,000,000, a list
attached to the
ambulance run sheet must | 26 | | contain all municipal and private provider
agency
personnel who |
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| 1 | | have provided any pre-hospital care immediately prior to
| 2 | | transport.
In municipalities with a population over 1,000,000, | 3 | | the
ambulance run sheet must contain the company number or unit
| 4 | | designation number for any fire department personnel who have
| 5 | | provided any pre-hospital care immediately prior to transport.
| 6 | | The letter
shall contain identifiable information concerning | 7 | | each crew member who treated or transported the infected | 8 | | patient state the names of crew members listed on
the | 9 | | attachment to
the ambulance
run sheet and the name of the | 10 | | infectious
communicable disease diagnosed, but shall not
| 11 | | contain the patient's name. Upon receipt of such notification | 12 | | letter, the
applicable private provider agency's Designated | 13 | | Officer agency or the designated infectious disease
control | 14 | | officer of a municipal fire department or fire protection
| 15 | | district shall contact all personnel involved in the | 16 | | pre-hospital or
inter-hospital care and transport of the | 17 | | patient. | 18 | | Such notification letter shall contain the information | 19 | | described in
may, but is not required to, consist of the | 20 | | following sample form:
| 21 | | NOTIFICATION LETTER
| 22 | | (NAME OF HOSPITAL)
| 23 | | (ADDRESS OF HOSPITAL )
| 24 | | TO:...... (Name of pre-hospital agency's Designated | 25 | | Officer Organization )
| 26 | | FROM:.....( Name of hospital's designated |
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| 1 | | representative Infection Control Coordinator )
| 2 | | DATE:.....
| 3 | | As required by Section 6.08 of the Illinois Hospital | 4 | | Licensing Act,
.....(name of hospital) is hereby providing | 5 | | notification that the following
crew
members or agencies | 6 | | transported or provided pre-hospital care to a patient
on ..... | 7 | | (date), and the transported patient was later
diagnosed as
| 8 | | having .....(name
of communicable disease): .....(list of crew | 9 | | members). The Hospital
Licensing Act requires you to maintain | 10 | | this information as a confidential
medical record. Disclosure | 11 | | of this information may therefore result in
civil liability for | 12 | | the individual or company breaching the patient's
| 13 | | confidentiality, or both.
| 14 | | If you have any questions regarding this patient, please | 15 | | contact me at
.....(telephone number), between .....(hours). | 16 | | Questions regarding exposure
or the financial aspects of | 17 | | obtaining medical care shall be handled through your agency's | 18 | | infection control plan should be directed to your
employer .
| 19 | | (e) Upon discharge of a patient with an infectious a | 20 | | communicable disease to emergency responders
personnel , the | 21 | | hospital shall notify the emergency responders personnel of | 22 | | appropriate
precautions against the infectious communicable | 23 | | disease , but shall not identify the
name of the disease .
| 24 | | (f) (Blank). The hospital may, in its discretion, take any | 25 | | measures in addition
to those required in this Section to | 26 | | notify
police officers, firefighters,
emergency medical |
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| 1 | | technicians, and ambulance
personnel of possible exposure to | 2 | | any communicable disease. However, in
all cases this | 3 | | information shall be maintained as a confidential medical
| 4 | | record.
| 5 | | (g) Any person providing or failing to provide notification | 6 | | under the
protocol required by this Section shall have immunity | 7 | | from any liability,
either criminal or civil, that might result | 8 | | by reason of such action or
inaction, unless such action or | 9 | | inaction is willful.
| 10 | | (h) Any person who willfully fails to provide any | 11 | | notification required
pursuant to an applicable protocol which | 12 | | has been adopted and approved
pursuant to this Section commits | 13 | | a petty offense, and shall be subject
to a fine of $200 for the | 14 | | first offense, and $500 for a second or subsequent
offense.
| 15 | | (i) Nothing in this Section shall preclude a civil action | 16 | | by an emergency responder a
firefighter,
emergency medical | 17 | | technician, or ambulance crew member against
an emergency | 18 | | services provider
agency, municipal fire department, or fire | 19 | | protection district that fails to
inform the responder member | 20 | | in a timely
fashion of the
receipt of a notification letter.
| 21 | | (j) Part G of the Ryan White HIV/AIDS Treatment Extension | 22 | | Act of 2009 (P.L. 111-87, Sec. 13) applies to this Section. | 23 | | (Source: P.A. 92-363, eff. 1-1-02.)
| 24 | | Section 90. The State Mandates Act is amended by adding | 25 | | Section 8.36 as follows: |
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| 1 | | (30 ILCS 805/8.36 new) | 2 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 | | of this Act, no reimbursement by the State is required for the | 4 | | implementation of any mandate created by this amendatory Act of | 5 | | the 97th General Assembly.
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