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Public Act 92-0363
SB382 Enrolled LRB9201935LBcsA
AN ACT regarding health facilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hospital Licensing Act is amended by
changing Section 6.08 as follows:
(210 ILCS 85/6.08) (from Ch. 111 1/2, par. 147.08)
Sec. 6.08. (a) Every hospital shall provide notification
as required in this Section to police officers, firefighters,
emergency medical technicians, paramedics and ambulance
personnel who have provided or are about to provide emergency
care or life support services to a patient who has been
diagnosed as having 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.
(b) The Department shall establish by regulation a list
of those communicable reportable diseases and conditions for
which notification shall be provided.
(c) The hospital shall send the letter of notification
within 72 hours after a confirmed diagnosis of any of the
communicable diseases listed by the Department pursuant to
subsection (b), except confirmed diagnoses of Acquired
Immunodeficiency Syndrome (AIDS). If there is a confirmed
diagnosis of AIDS, the hospital shall send the letter of
notification only if the police officers, firefighters,
emergency medical technicians, paramedics or ambulance
personnel have indicated on the ambulance run sheet that a
reasonable possibility exists that they have had blood or
body fluid contact with the patient, or if hospital personnel
providing the notification have reason to know of a possible
exposure.
(d) Notification letters shall be sent to the designated
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 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 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 inter-hospital care and transport of the
patient. Such notification letter may, but is not required
to, consist of the following form:
NOTIFICATION LETTER
(NAME OF HOSPITAL)
(ADDRESS)
TO:...... (Name of Organization)
FROM:.....(Infection Control Coordinator)
DATE:.....
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
transported or provided pre-hospital care to a patient on
..... (date), and the transported a patient who was later
diagnosed as having .....(name of communicable disease):
.....(list of crew members). 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 confidentiality, or both.
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.
(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.
(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, paramedics and ambulance personnel of possible
exposure to any communicable disease. However, in all cases
this information shall be maintained as a confidential
medical record.
(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 inaction is willful.
(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.
(i) Nothing in this Section shall preclude a civil
action by a firefighter, emergency medical technician,
paramedic or ambulance crew member against an emergency
services provider agency, municipal fire department, or fire
protection district that which fails to inform the member
such crew member in a timely fashion of the receipt of a
notification letter.
(Source: P.A. 86-820; 86-887.)
Passed in the General Assembly May 22, 2001.
Approved August 15, 2001.
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