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Public Act 098-0851
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| SB3432 Enrolled | LRB098 19597 RPS 54789 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Hospital Licensing Act is amended by |
changing Section 6.08 as follows:
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(210 ILCS 85/6.08) (from Ch. 111 1/2, par. 147.08)
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Sec. 6.08.
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(a) Every hospital shall provide notification as required |
in
this Section to police officers, firefighters, emergency
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medical technicians, private emergency medical services |
providers, and
ambulance personnel who have provided or are |
about to provide transport services, emergency
care, or life |
support services to a patient who has been diagnosed as having
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a dangerous communicable or infectious disease. Such |
notification shall
not include the name of the patient, and the |
emergency services provider
agency and any person receiving |
such
notification shall treat the information received as a |
confidential medical
record.
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(b) The Department shall utilize the Centers for Disease |
Control and Prevention's list of potentially life-threatening |
infectious diseases to determine the diseases for which |
establish by regulation a list of those
communicable reportable |
diseases and conditions for which notification shall
be |
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provided.
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(c) The hospital shall send the letter of notification no |
later than 48 hours within 72 hours
after a confirmed diagnosis |
of any of the bloodborne communicable diseases listed by
the |
Department pursuant to subsection (b), except confirmed |
diagnoses of
Acquired Immunodeficiency Syndrome (AIDS). The If |
there is a confirmed
diagnosis of AIDS, the hospital shall |
attempt to make verbal communication, followed by written send |
the letter of notification only
if the police officers, |
firefighters, emergency medical
technicians, private emergency |
medical services providers, or ambulance personnel have
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indicated both verbally and on the ambulance run
sheet that a |
reasonable possibility exists that they have had blood or body
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fluid contact with the patient, or if hospital personnel |
providing the
notification have reason to know of a possible |
exposure.
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(c-5) The hospital shall send the letter of notification no |
later than 48 hours after a confirmed diagnosis of any of the |
airborne or droplet-transmitted communicable diseases listed |
by the Department pursuant to subsection (b) and the hospital |
shall attempt to make verbal communication, followed by written |
notification. |
(d) Notification letters shall be sent to the designated |
officer contact at the
municipal or private provider agencies |
listed on the ambulance run sheet.
Except in municipalities |
with a population over 1,000,000, a list
attached to the
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ambulance run sheet must contain all municipal and private |
provider
agency
personnel who have provided any pre-hospital |
care immediately prior to
transport.
In municipalities with a |
population over 1,000,000, the
ambulance run sheet must contain |
the company number or unit
designation number for any fire |
department personnel who have
provided any pre-hospital care |
immediately prior to transport.
The letter
shall state the |
names of crew members listed on
the attachment to
the ambulance
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run sheet and the name of the
communicable disease diagnosed, |
but shall not
contain the patient's name. Upon receipt of such |
notification letter, the
applicable private provider agency or |
the designated infectious disease
control officer of a |
municipal fire department or fire protection
district shall |
contact all personnel involved in the pre-hospital or
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inter-hospital care and transport of the patient. Such |
notification letter
may, but is not required to, consist of the |
following form:
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NOTIFICATION LETTER
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(NAME OF HOSPITAL)
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(ADDRESS)
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TO:...... (Name of Organization)
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FROM:.....(Infection Control Coordinator)
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DATE:.....
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As required by Section 6.08 of the Illinois Hospital |
Licensing Act,
.....(name of hospital) is hereby providing |
notification that the following
crew
members or agencies |
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transported or provided pre-hospital care to a patient
on ..... |
(date), and the transported patient was later
diagnosed as
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having .....(name
of communicable disease): .....(list of crew |
members if known). The Hospital
Licensing Act requires you to |
maintain this information as a confidential
medical record. |
Disclosure of this information may therefore result in
civil |
liability for the individual or company breaching the patient's
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confidentiality, or both.
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If you have any questions regarding this patient, please |
contact me at
.....(telephone number), between .....(hours). |
Questions regarding exposure
or the financial aspects of |
obtaining medical care should be directed to your
employer.
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(e) Upon discharge of a patient with a communicable disease |
to emergency
personnel, the hospital shall notify the emergency |
personnel of appropriate
precautions against the communicable |
disease, but shall not identify the
name of the disease.
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(f) The hospital may, in its discretion, take any measures |
in addition
to those required in this Section to notify
police |
officers, firefighters,
emergency medical technicians, and |
ambulance
personnel of possible exposure to any communicable |
disease. However, in
all cases this information shall be |
maintained as a confidential medical
record.
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(g) Any person providing or failing to provide notification |
under the
protocol required by this Section shall have immunity |
from any liability,
either criminal or civil, that might result |
by reason of such action or
inaction, unless such action or |
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inaction is willful.
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(h) Any person who willfully fails to provide any |
notification required
pursuant to an applicable protocol which |
has been adopted and approved
pursuant to this Section commits |
a petty offense, and shall be subject
to a fine of $200 for the |
first offense, and $500 for a second or subsequent
offense.
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(i) Nothing in this Section shall preclude a civil action |
by a
firefighter,
emergency medical technician, or ambulance |
crew member against
an emergency services provider
agency, |
municipal fire department, or fire protection district that |
fails to
inform the member in a timely
fashion of the
receipt |
of a notification letter.
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(Source: P.A. 92-363, eff. 1-1-02.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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