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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_SB0382eng SB382 Engrossed LRB9201935LBcsA 1 AN ACT regarding health facilities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Hospital Licensing Act is amended by 5 changing 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 8 as required in this Section to police officers, firefighters, 9 emergency medical technicians,paramedicsand ambulance 10 personnel who have provided or are about to provide emergency 11 care or life support services to a patient who has been 12 diagnosed as having a dangerous communicable or infectious 13 disease. Such notification shall not include the name of the 14 patient, and the emergency services provider agency and any 15 person receiving such notification shall treat the 16 information received as a confidential medical record. 17 (b) The Department shall establish by regulation a list 18 of those communicable reportable diseases and conditions for 19 which notification shall be provided. 20 (c) The hospital shall send the letter of notification 21 within 72 hours after a confirmed diagnosis of any of the 22 communicable diseases listed by the Department pursuant to 23 subsection (b), except confirmed diagnoses of Acquired 24 Immunodeficiency Syndrome (AIDS). If there is a confirmed 25 diagnosis of AIDS, the hospital shall send the letter of 26 notification only if the police officers, firefighters, 27 emergency medical technicians,paramedicsor ambulance 28 personnel have indicated on the ambulance run sheet that a 29 reasonable possibility exists that they have had blood or 30 body fluid contact with the patient, or if hospital personnel 31 providing the notification have reason to know of a possible SB382 Engrossed -2- LRB9201935LBcsA 1 exposure. 2 (d) Notification letters shall be sent to the designated 3 contact at the municipal or private provider agencies listed 4 on the ambulance run sheet. A list attached to the ambulance 5 run sheet must contain all municipal and private provider 6 agency personnel who have provided any pre-hospital care 7 immediately prior to transport. The letter shall state the 8 names of crew members listed on the attachment to the 9 ambulance run sheet and the name of the communicable disease 10 diagnosed, but shall not contain the patient's name. Upon 11 receipt of such notification letter, the applicable private 12 provider agency or the designated infectious disease control 13 officer of a municipal fire department or fire protection 14 district shall contact all personnel involved in the 15 pre-hospital or inter-hospital care and transport of the 16 patient. Such notification letter may, but is not required 17 to, consist of the following 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 25 Licensing Act, .....(name of hospital) is hereby providing 26 notification that the following crew members or agencies 27 transported or provided pre-hospital care to a patient on 28 ..... (date), and thetransported apatient transportedwho29 was later diagnosed as having .....(name of communicable 30 disease): .....(list of crew members). The Hospital 31 Licensing Act requires you to maintain this information as a 32 confidential medical record. Disclosure of this information 33 may therefore result in civil liability for the individual or 34 company breaching the patient's confidentiality, or both. SB382 Engrossed -3- LRB9201935LBcsA 1 If you have any questions regarding this patient, please 2 contact me at .....(telephone number), between .....(hours). 3 Questions regarding exposure or the financial aspects of 4 obtaining medical care should be directed to your employer. 5 (e) Upon discharge of a patient with a communicable 6 disease to emergency personnel, the hospital shall notify the 7 emergency personnel of appropriate precautions against the 8 communicable disease, but shall not identify the name of the 9 disease. 10 (f) The hospital may, in its discretion, take any 11 measures in addition to those required in this Section to 12 notify police officers, firefighters, emergency medical 13 technicians,paramedicand ambulance personnel of possible 14 exposure to any communicable disease. However, in all cases 15 this information shall be maintained as a confidential 16 medical record. 17 (g) Any person providing or failing to provide 18 notification under the protocol required by this Section 19 shall have immunity from any liability, either criminal or 20 civil, that might result by reason of such action or 21 inaction, unless such action or inaction is willful. 22 (h) Any person who willfully fails to provide any 23 notification required pursuant to an applicable protocol 24 which has been adopted and approved pursuant to this Section 25 commits a petty offense, and shall be subject to a fine of 26 $200 for the first offense, and $500 for a second or 27 subsequent offense. 28 (i) Nothing in this Section shall preclude a civil 29 action by a firefighter, emergency medical technician, 30paramedicor ambulance crew member against an emergency 31 services provider agency, municipal fire department, or fire 32 protection district thatwhichfails to inform the member 33such crew memberin a timely fashion of the receipt of a 34 notification letter. SB382 Engrossed -4- LRB9201935LBcsA 1 (Source: P.A. 86-820; 86-887.)