Rep. Mary E. Flowers

Filed: 3/2/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3772

2    AMENDMENT NO. ______. Amend House Bill 3772 on page 1, line
35, by replacing "10-20" with "10-15, 10-20,"; and
 
4on page 1, immediately below line 6, by inserting the
5following:
 
6    "(410 ILCS 522/10-15)
7    Sec. 10-15. Health care facility requirements to report,
8analyze, and correct.
9    (a) Reports of adverse health care events required. Each
10health care facility shall report to the Department the
11occurrence of any of the adverse health care events described
12in subsections (b) through (g) no later than 30 days after
13discovery of the event. The report shall be filed in a format
14specified by the Department and shall identify the health care
15facility, but shall not include any information identifying or
16that tends to identify any of the health care professionals,

 

 

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1employees, or patients involved.
2    (a-5) Revisions of the listing of events. The Department
3may by rule revise the listing of events reportable under this
4Act to conform with the latest National Quality Forum
5guidelines.
6    (b) Surgical events. Events reportable under this
7subsection are:
8        (1) Surgery performed on a wrong body part that is not
9    consistent with the documented informed consent for that
10    patient. Reportable events under this clause do not include
11    situations requiring prompt action that occur in the course
12    of surgery or situations whose urgency precludes obtaining
13    informed consent.
14        (2) Surgery performed on the wrong patient.
15        (3) The wrong surgical procedure performed on a patient
16    that is not consistent with the documented informed consent
17    for that patient. Reportable events under this clause do
18    not include situations requiring prompt action that occur
19    in the course of surgery or situations whose urgency
20    precludes obtaining informed consent.
21        (4) Retention of a foreign object in a patient after
22    surgery or other procedure, excluding objects
23    intentionally implanted as part of a planned intervention
24    and objects present prior to surgery that are intentionally
25    retained.
26        (5) Death during or immediately after surgery of a

 

 

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1    normal, healthy patient who has no organic, physiologic,
2    biochemical, or psychiatric disturbance and for whom the
3    pathologic processes for which the operation is to be
4    performed are localized and do not entail a systemic
5    disturbance.
6    (c) Product or device events. Events reportable under this
7subsection are:
8        (1) Patient death or serious disability associated
9    with the use of contaminated drugs, devices, or biologics
10    provided by the health care facility when the contamination
11    is the result of generally detectable contaminants in
12    drugs, devices, or biologics regardless of the source of
13    the contamination or the product.
14        (2) Patient death or serious disability associated
15    with the use or function of a device in patient care in
16    which the device is used or functions other than as
17    intended. "Device" includes, but is not limited to,
18    catheters, drains, and other specialized tubes, infusion
19    pumps, and ventilators.
20        (3) Patient death or serious disability associated
21    with intravascular air embolism that occurs while being
22    cared for in a health care facility, excluding deaths
23    associated with neurosurgical procedures known to present
24    a high risk of intravascular air embolism.
25    (d) Patient protection events. Events reportable under
26this subsection are:

 

 

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1        (1) An infant discharged to the wrong person.
2        (2) Patient death or serious disability associated
3    with patient disappearance for more than 4 hours, excluding
4    events involving adults who have decision-making capacity.
5        (3) Patient suicide or attempted suicide resulting in
6    serious disability while being cared for in a health care
7    facility due to patient actions after admission to the
8    health care facility, excluding deaths resulting from
9    self-inflicted injuries that were the reason for admission
10    to the health care facility.
11    (e) Care management events. Events reportable under this
12subsection are:
13        (1) Patient death or serious disability associated
14    with a medication error, including, but not limited to,
15    errors involving the wrong drug, the wrong dose, the wrong
16    patient, the wrong time, the wrong rate, the wrong
17    preparation, or the wrong route of administration,
18    excluding reasonable differences in clinical judgment on
19    drug selection and dose.
20        (2) Patient death or serious disability associated
21    with a hemolytic reaction due to the administration of
22    ABO-incompatible blood or blood products.
23        (3) Maternal death or serious disability associated
24    with labor or delivery in a low-risk pregnancy while being
25    cared for in a health care facility, excluding deaths from
26    pulmonary or amniotic fluid embolism, acute fatty liver of

 

 

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1    pregnancy, or cardiomyopathy.
2        (4) Patient death or serious disability directly
3    related to hypoglycemia, the onset of which occurs while
4    the patient is being cared for in a health care facility
5    for a condition unrelated to hypoglycemia.
6    (f) Environmental events. Events reportable under this
7subsection are:
8        (1) Patient death or serious disability associated
9    with an electric shock while being cared for in a health
10    care facility, excluding events involving planned
11    treatments such as electric countershock.
12        (2) Any incident in which a line designated for oxygen
13    or other gas to be delivered to a patient contains the
14    wrong gas or is contaminated by toxic substances.
15        (3) Patient death or serious disability associated
16    with a burn incurred from any source while being cared for
17    in a health care facility that is not consistent with the
18    documented informed consent for that patient. Reportable
19    events under this clause do not include situations
20    requiring prompt action that occur in the course of surgery
21    or situations whose urgency precludes obtaining informed
22    consent.
23        (4) Patient death associated with a fall while being
24    cared for in a health care facility.
25        (5) Patient death or serious disability associated
26    with the use of restraints or bedrails while being cared

 

 

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1    for in a health care facility.
2    (g) Physical security events. Events reportable under this
3subsection are:
4        (1) Any instance of care ordered by or provided by
5    someone impersonating a physician, nurse, pharmacist, or
6    other licensed health care provider.
7        (2) Abduction of a patient of any age.
8        (3) Sexual assault on a patient within or on the
9    grounds of a health care facility.
10        (4) Death or significant injury of a patient or staff
11    member resulting from a physical assault that occurs within
12    or on the grounds of a health care facility.
13    (h) Definitions. As used in this Section 10-15:
14     "Death" means patient death related to an adverse event
15and not related solely to the natural course of the patient's
16illness or underlying condition. Events otherwise reportable
17under this Section 10-15 shall be reported even if the death
18might have otherwise occurred as the natural course of the
19patient's illness or underlying condition.
20    "Serious disability" means a physical or mental
21impairment, including loss of a body part, related to an
22adverse event and not related solely to the natural course of
23the patient's illness or underlying condition, that
24substantially limits one or more of the major life activities
25of an individual or a loss of bodily function, if the
26impairment or loss lasts more than 7 days prior to discharge or

 

 

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1is still present at the time of discharge from an inpatient
2health care facility.
3(Source: P.A. 94-242, eff. 7-18-05.)".