(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, 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
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 utilize the Centers for Disease Control and Prevention's list of potentially life-threatening infectious diseases to determine the diseases for which notification shall
be provided.
(c) The hospital shall send the letter of notification no later than 48 hours
after a confirmed diagnosis of any of the bloodborne communicable diseases listed by
the Department pursuant to subsection (b). The hospital shall attempt to make verbal communication, followed by written notification only
if the police officers, firefighters, emergency medical
technicians, private emergency medical services providers, or ambulance personnel have
indicated both verbally and 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.
(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 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 patient was later
diagnosed as
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
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, 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, 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.
(Source: P.A. 98-851, eff. 8-1-14.)
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