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| Public Act 098-0851 | ||||
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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 | ||||
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 | ||
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 | ||
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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