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| 1 | AN ACT concerning burn injury reporting.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the Burn | ||||||
| 5 | Injury Reporting Act. | ||||||
| 6 | Section 5. Burn injury reporting. | ||||||
| 7 | (a) Every case of a burn injury treated in a hospital as | ||||||
| 8 | described in this Act may be reported to the Office of the | ||||||
| 9 | State Fire Marshal. The hospital's administrator, manager, | ||||||
| 10 | superintendent, or his or her designee deciding to report under | ||||||
| 11 | this Act shall make an oral report of every burn injury in a | ||||||
| 12 | timely manner as soon as treatment permits, except as provided | ||||||
| 13 | in subsection (c) of this Section, that meets one of the | ||||||
| 14 | following criteria: | ||||||
| 15 | (1) a person receives a serious second-degree burn or a | ||||||
| 16 | third degree burn, but not a radiation burn, to 10% or more | ||||||
| 17 | of the person's body as a whole; | ||||||
| 18 | (2) a person sustains a burn to the upper respiratory | ||||||
| 19 | tract or occurring laryngeal edema due to the inhalation of | ||||||
| 20 | superheated air; | ||||||
| 21 | (3) a person sustains any burn injury likely to result | ||||||
| 22 | in death; or | ||||||
| 23 | (4) a person sustains any other burn injury not | ||||||
| 24 | excluded by subsection (c). | ||||||
| 25 | (b) The oral report shall consist of notification by | ||||||
| 26 | telephone to the Office of the State Fire Marshal using a | ||||||
| 27 | toll-free number established by the Office of the State Fire | ||||||
| 28 | Marshal for this purpose. | ||||||
| 29 | (c) A hospital's administrator, manager, superintendent, | ||||||
| 30 | or his or her designee deciding to report under this Act shall | ||||||
| 31 | not report any of the following burn injuries: | ||||||
| 32 | (1) a burn injury of a first responder, as defined in | ||||||
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| 1 | Section 3.60 of the Emergency Medical Services (EMS) | ||||||
| 2 | Systems Act, sustained in the line of duty; | ||||||
| 3 | (2) a burn injury caused by lighting; | ||||||
| 4 | (3) a burn injury caused by a motor vehicle accident; | ||||||
| 5 | or | ||||||
| 6 | (4) a burn injury caused by an identifiable industrial | ||||||
| 7 | accident or work-related accident. | ||||||
| 8 | Section 10. Report contents. The report shall consist of | ||||||
| 9 | the following reported information to the extent available: | ||||||
| 10 | (1) Name, address, and date of birth of the victim. | ||||||
| 11 | (2) Address where the burn injury occurred. | ||||||
| 12 | (3) Date and time of the burn occurrence. | ||||||
| 13 | (4) Degree of burn injury, percentage of the body | ||||||
| 14 | affected by the burn injury, and the specific area of the | ||||||
| 15 | body affected by the burn injury. | ||||||
| 16 | (5) The name and address of the facility treating the | ||||||
| 17 | patient. | ||||||
| 18 | Section 15. Confidentiality. Information collected in | ||||||
| 19 | these reports that could identify the hospital, any health care | ||||||
| 20 | professional, any hospital staff, or the patient shall remain | ||||||
| 21 | confidential and only be divulged as needed in the | ||||||
| 22 | investigation or prosecution of a criminal offense. No | ||||||
| 23 | information shall be included in the report naming or | ||||||
| 24 | identifying any health care professional or hospital staff. The | ||||||
| 25 | hospital medical records shall only be disclosed in accordance | ||||||
| 26 | with Illinois law and the federal Health Insurance Portability | ||||||
| 27 | and Accountability Act of 1996 and its rules. | ||||||
| 28 | Section 20. Good faith. With the exception of willful and | ||||||
| 29 | wanton misconduct, any individual who in good faith acts in | ||||||
| 30 | accordance with the terms of this Act or assisting in reporting | ||||||
| 31 | shall not be subject to any civil or criminal liability or | ||||||
| 32 | discipline for unprofessional conduct.
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| 1 | Section 25. Application. This Act applies only to hospitals | ||||||
| 2 | that treat a patient initially for a burn injury. This Act does | ||||||
| 3 | not apply to a hospital that receives a patient who has been | ||||||
| 4 | transferred for a burn that was initially treated at another | ||||||
| 5 | hospital. Nothing in this Act shall be construed to require a | ||||||
| 6 | hospital to report burn injuries. | ||||||
| 7 | Section 30. Public information campaign. The Office of the | ||||||
| 8 | State Fire Marshal shall conduct a public information campaign | ||||||
| 9 | working in conjunction with hospitals, physicians, fire | ||||||
| 10 | investigators, and law enforcement to inform hospitals of the | ||||||
| 11 | opportunity to report burn injuries to the toll-free number | ||||||
| 12 | maintained by the Office pursuant to this Act. | ||||||
| 13 | Section 300. The Regulatory Sunset Act is amended by adding | ||||||
| 14 | Section 4.19a as follows: | ||||||
| 15 | (5 ILCS 80/4.19a new) | ||||||
| 16 | Sec. 4.19a. Act repealed on January 1, 2009. The following | ||||||
| 17 | Act is repealed on January 1, 2009: | ||||||
| 18 | The Burn Injury Reporting Act. | ||||||