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| Public Act 094-0828 |
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AN ACT concerning burn injury reporting.
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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 1. Short title. This Act may be cited as the Burn | ||||
Injury Reporting Act. | ||||
Section 5. Burn injury reporting. | ||||
(a) Every case of a burn injury treated in a hospital as | ||||
described in this Act may be reported to the Office of the | ||||
State Fire Marshal. The hospital's administrator, manager, | ||||
superintendent, or his or her designee deciding to report under | ||||
this Act shall make an oral report of every burn injury in a | ||||
timely manner as soon as treatment permits, except as provided | ||||
in subsection (c) of this Section, that meets one of the | ||||
following criteria: | ||||
(1) a person receives a serious second-degree burn or a | ||||
third degree burn, but not a radiation burn, to 10% or more | ||||
of the person's body as a whole; | ||||
(2) a person sustains a burn to the upper respiratory | ||||
tract or occurring laryngeal edema due to the inhalation of | ||||
superheated air; | ||||
(3) a person sustains any burn injury likely to result | ||||
in death; or | ||||
(4) a person sustains any other burn injury not | ||||
excluded by subsection (c). | ||||
(b) The oral report shall consist of notification by | ||||
telephone to the Office of the State Fire Marshal using a | ||||
toll-free number established by the Office of the State Fire | ||||
Marshal for this purpose. | ||||
(c) A hospital's administrator, manager, superintendent, | ||||
or his or her designee deciding to report under this Act shall | ||||
not report any of the following burn injuries: | ||||
(1) a burn injury of a first responder, as defined in | ||||
Section 3.60 of the Emergency Medical Services (EMS) | ||
Systems Act, sustained in the line of duty; | ||
(2) a burn injury caused by lighting; | ||
(3) a burn injury caused by a motor vehicle accident; | ||
or | ||
(4) a burn injury caused by an identifiable industrial | ||
accident or work-related accident. | ||
Section 10. Report contents. The report shall consist of | ||
the following reported information to the extent available: | ||
(1) Name, address, and date of birth of the victim. | ||
(2) Address where the burn injury occurred. | ||
(3) Date and time of the burn occurrence. | ||
(4) Degree of burn injury, percentage of the body | ||
affected by the burn injury, and the specific area of the | ||
body affected by the burn injury. | ||
(5) The name and address of the facility treating the | ||
patient. | ||
Section 15. Confidentiality. Information collected in | ||
these reports that could identify the hospital, any health care | ||
professional, any hospital staff, or the patient shall remain | ||
confidential and only be divulged as needed in the | ||
investigation or prosecution of a criminal offense. No | ||
information shall be included in the report naming or | ||
identifying any health care professional or hospital staff. The | ||
hospital medical records shall only be disclosed in accordance | ||
with Illinois law and the federal Health Insurance Portability | ||
and Accountability Act of 1996 and its rules. | ||
Section 20. Good faith. With the exception of willful and | ||
wanton misconduct, any individual who in good faith acts in | ||
accordance with the terms of this Act or assisting in reporting | ||
shall not be subject to any civil or criminal liability or | ||
discipline for unprofessional conduct.
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Section 25. Application. This Act applies only to hospitals | ||
that treat a patient initially for a burn injury. This Act does | ||
not apply to a hospital that receives a patient who has been | ||
transferred for a burn that was initially treated at another | ||
hospital. Nothing in this Act shall be construed to require a | ||
hospital to report burn injuries. | ||
Section 30. Public information campaign. The Office of the | ||
State Fire Marshal shall conduct a public information campaign | ||
working in conjunction with hospitals, physicians, fire | ||
investigators, and law enforcement to inform hospitals of the | ||
opportunity to report burn injuries to the toll-free number | ||
maintained by the Office pursuant to this Act. | ||
Section 300. The Regulatory Sunset Act is amended by adding | ||
Section 4.19a as follows: | ||
(5 ILCS 80/4.19a new) | ||
Sec. 4.19a. Act repealed on January 1, 2009. The following | ||
Act is repealed on January 1, 2009: | ||
The Burn Injury Reporting Act. | ||