SB3432 EnrolledLRB098 19597 RPS 54789 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Hospital Licensing Act is amended by
5changing 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
9in this Section to police officers, firefighters, emergency
10medical technicians, private emergency medical services
11providers, and ambulance personnel who have provided or are
12about to provide transport services, emergency care, or life
13support services to a patient who has been diagnosed as having
14a dangerous communicable or infectious disease. Such
15notification shall not include the name of the patient, and the
16emergency services provider agency and any person receiving
17such notification shall treat the information received as a
18confidential medical record.
19    (b) The Department shall utilize the Centers for Disease
20Control and Prevention's list of potentially life-threatening
21infectious diseases to determine the diseases for which
22establish by regulation a list of those communicable reportable
23diseases and conditions for which notification shall be

 

 

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1provided.
2    (c) The hospital shall send the letter of notification no
3later than 48 hours within 72 hours after a confirmed diagnosis
4of any of the bloodborne communicable diseases listed by the
5Department pursuant to subsection (b), except confirmed
6diagnoses of Acquired Immunodeficiency Syndrome (AIDS). The If
7there is a confirmed diagnosis of AIDS, the hospital shall
8attempt to make verbal communication, followed by written send
9the letter of notification only if the police officers,
10firefighters, emergency medical technicians, private emergency
11medical services providers, or ambulance personnel have
12indicated both verbally and on the ambulance run sheet that a
13reasonable possibility exists that they have had blood or body
14fluid contact with the patient, or if hospital personnel
15providing the notification have reason to know of a possible
16exposure.
17    (c-5) The hospital shall send the letter of notification no
18later than 48 hours after a confirmed diagnosis of any of the
19airborne or droplet-transmitted communicable diseases listed
20by the Department pursuant to subsection (b) and the hospital
21shall attempt to make verbal communication, followed by written
22notification.
23    (d) Notification letters shall be sent to the designated
24officer contact at the municipal or private provider agencies
25listed on the ambulance run sheet. Except in municipalities
26with a population over 1,000,000, a list attached to the

 

 

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1ambulance run sheet must contain all municipal and private
2provider agency personnel who have provided any pre-hospital
3care immediately prior to transport. In municipalities with a
4population over 1,000,000, the ambulance run sheet must contain
5the company number or unit designation number for any fire
6department personnel who have provided any pre-hospital care
7immediately prior to transport. The letter shall state the
8names of crew members listed on the attachment to the ambulance
9run sheet and the name of the communicable disease diagnosed,
10but shall not contain the patient's name. Upon receipt of such
11notification letter, the applicable private provider agency or
12the designated infectious disease control officer of a
13municipal fire department or fire protection district shall
14contact all personnel involved in the pre-hospital or
15inter-hospital care and transport of the patient. Such
16notification letter may, but is not required to, consist of the
17following 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
25Licensing Act, .....(name of hospital) is hereby providing
26notification that the following crew members or agencies

 

 

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1transported or provided pre-hospital care to a patient on .....
2(date), and the transported patient was later diagnosed as
3having .....(name of communicable disease): .....(list of crew
4members if known). The Hospital Licensing Act requires you to
5maintain this information as a confidential medical record.
6Disclosure of this information may therefore result in civil
7liability for the individual or company breaching the patient's
8confidentiality, or both.
9    If you have any questions regarding this patient, please
10contact me at .....(telephone number), between .....(hours).
11Questions regarding exposure or the financial aspects of
12obtaining medical care should be directed to your employer.
13    (e) Upon discharge of a patient with a communicable disease
14to emergency personnel, the hospital shall notify the emergency
15personnel of appropriate precautions against the communicable
16disease, but shall not identify the name of the disease.
17    (f) The hospital may, in its discretion, take any measures
18in addition to those required in this Section to notify police
19officers, firefighters, emergency medical technicians, and
20ambulance personnel of possible exposure to any communicable
21disease. However, in all cases this information shall be
22maintained as a confidential medical record.
23    (g) Any person providing or failing to provide notification
24under the protocol required by this Section shall have immunity
25from any liability, either criminal or civil, that might result
26by reason of such action or inaction, unless such action or

 

 

SB3432 Enrolled- 5 -LRB098 19597 RPS 54789 b

1inaction is willful.
2    (h) Any person who willfully fails to provide any
3notification required pursuant to an applicable protocol which
4has been adopted and approved pursuant to this Section commits
5a petty offense, and shall be subject to a fine of $200 for the
6first offense, and $500 for a second or subsequent offense.
7    (i) Nothing in this Section shall preclude a civil action
8by a firefighter, emergency medical technician, or ambulance
9crew member against an emergency services provider agency,
10municipal fire department, or fire protection district that
11fails to inform the member in a timely fashion of the receipt
12of a notification letter.
13(Source: P.A. 92-363, eff. 1-1-02.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.