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

    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,
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. (a) Every hospital shall provide notification as
8required in this Section to all emergency responders
9(including, but not limited to, paramedics, firefighters,
10emergency medical responders, emergency medical technicians,
11advanced emergency medical technicians, pre-hospital
12registered nurses, police officers, medical reserve corps
13members, and volunteers) police officers, firefighters,
14emergency medical technicians, and ambulance personnel who
15have provided or are about to provide emergency care or life
16support services to a patient who has been diagnosed as having
17a reportable dangerous communicable or infectious disease.
18Such notification shall not include the name of the patient,
19and the emergency services provider agency's Designated
20Officer agency and any person receiving such notification shall
21treat the information received as a confidential medical
22record. For purposes of this Section, "reportable infectious
23disease" or "reportable disease" means any disease identified

 

 

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1as such by the Centers for Disease Control and Prevention.
2    (b) The Department shall establish by regulation a list of
3those communicable reportable diseases and conditions for
4which notification shall be provided.
5    (c) The hospital shall send the letter of notification to
6the emergency responder's Designated Officer within 48 72 hours
7after a confirmed diagnosis of any of the infectious
8communicable diseases listed by the Department pursuant to
9subsection (b). In addition, the hospital shall verbally notify
10the emergency responder's Designated Officer as soon as
11possible that the notification letter has been sent. , except
12confirmed diagnoses of Acquired Immunodeficiency Syndrome
13(AIDS). If there is a confirmed diagnosis of AIDS, the hospital
14shall send the letter of notification only if the police
15officers, firefighters, emergency medical technicians, or
16ambulance personnel have indicated on the ambulance run sheet
17that a reasonable possibility exists that they have had blood
18or body fluid contact with the patient, or if hospital
19personnel providing the notification have reason to know of a
20possible exposure.
21    (d) Notification letters shall be sent to the Designated
22Officer designated contact at the municipal or private provider
23agency agencies listed on the patient care report ambulance run
24sheet. Except in municipalities with a population over
251,000,000, a list attached to the ambulance run sheet must
26contain all municipal and private provider agency personnel who

 

 

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1have provided any pre-hospital care immediately prior to
2transport. In municipalities with a population over 1,000,000,
3the ambulance run sheet must contain the company number or unit
4designation number for any fire department personnel who have
5provided any pre-hospital care immediately prior to transport.
6The letter shall contain identifiable information concerning
7each crew member who treated or transported the infected
8patient state the names of crew members listed on the
9attachment to the ambulance run sheet and the name of the
10infectious communicable disease diagnosed, but shall not
11contain the patient's name. Upon receipt of such notification
12letter, the applicable private provider agency's Designated
13Officer agency or the designated infectious disease control
14officer of a municipal fire department or fire protection
15district shall contact all personnel involved in the
16pre-hospital or inter-hospital care and transport of the
17patient.
18    Such notification letter shall contain the information
19described in may, but is not required to, consist of the
20following sample form:
21
NOTIFICATION LETTER
22
(NAME OF HOSPITAL)
23
(ADDRESS OF HOSPITAL )
24    TO:...... (Name of pre-hospital agency's Designated 
25Officer Organization)
26    FROM:.....(Name of hospital's designated 

 

 

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1representative Infection Control Coordinator)
2    DATE:.....
3    As required by Section 6.08 of the Illinois Hospital
4Licensing Act, .....(name of hospital) is hereby providing
5notification that the following crew members or agencies
6transported or provided pre-hospital care to a patient on .....
7(date), and the transported patient was later diagnosed as
8having .....(name of communicable disease): .....(list of crew
9members). The Hospital Licensing Act requires you to maintain
10this information as a confidential medical record. Disclosure
11of this information may therefore result in civil liability for
12the individual or company breaching the patient's
13confidentiality, or both.
14    If you have any questions regarding this patient, please
15contact me at .....(telephone number), between .....(hours).
16Questions regarding exposure or the financial aspects of
17obtaining medical care shall be handled through your agency's
18infection control plan should be directed to your employer.
19    (e) Upon discharge of a patient with an infectious a
20communicable disease to emergency responders personnel, the
21hospital shall notify the emergency responders personnel of
22appropriate precautions against the infectious communicable
23disease, but shall not identify the name of the disease.
24    (f) (Blank). The hospital may, in its discretion, take any
25measures in addition to those required in this Section to
26notify police officers, firefighters, emergency medical

 

 

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1technicians, and ambulance personnel of possible exposure to
2any communicable disease. However, in all cases this
3information shall be maintained as a confidential medical
4record.
5    (g) Any person providing or failing to provide notification
6under the protocol required by this Section shall have immunity
7from any liability, either criminal or civil, that might result
8by reason of such action or inaction, unless such action or
9inaction is willful.
10    (h) Any person who willfully fails to provide any
11notification required pursuant to an applicable protocol which
12has been adopted and approved pursuant to this Section commits
13a petty offense, and shall be subject to a fine of $200 for the
14first offense, and $500 for a second or subsequent offense.
15    (i) Nothing in this Section shall preclude a civil action
16by an emergency responder a firefighter, emergency medical
17technician, or ambulance crew member against an emergency
18services provider agency, municipal fire department, or fire
19protection district that fails to inform the responder member
20in a timely fashion of the receipt of a notification letter.
21    (j) Part G of the Ryan White HIV/AIDS Treatment Extension
22Act 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
25Section 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
3of this Act, no reimbursement by the State is required for the
4implementation of any mandate created by this amendatory Act of
5the 97th General Assembly.