Rep. Bob Biggins
Filed: 5/2/2008
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1 | AMENDMENT TO HOUSE BILL 4699
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2 | AMENDMENT NO. ______. Amend House Bill 4699, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Emergency Medical Services (EMS) Systems | ||||||
6 | Act is amended by changing Sections 3.25, 3.30, and 3.200 and | ||||||
7 | by adding Sections 3.1005, 3.1010, 3.1015, 3.1020, 3.1025, | ||||||
8 | 3.1030, 3.1035, 3.1040, and 3.1045 as follows:
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9 | (210 ILCS 50/3.25)
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10 | Sec. 3.25. EMS Region Plan; Development.
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11 | (a) Within 6 months after designation of an EMS
Region, an | ||||||
12 | EMS Region Plan addressing at least the information
prescribed | ||||||
13 | in Section 3.30 shall be submitted to the
Department for | ||||||
14 | approval. The Plan shall be developed by the
Region's EMS | ||||||
15 | Medical Directors Committee with advice from the
Regional EMS | ||||||
16 | Advisory Committee; portions of the plan
concerning trauma |
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1 | shall be developed jointly with the Region's
Trauma Center | ||||||
2 | Medical Directors or Trauma Center Medical
Directors | ||||||
3 | Committee, whichever is applicable, with advice from
the | ||||||
4 | Regional Trauma Advisory Committee, if such Advisory
Committee | ||||||
5 | has been established in the Region.
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6 | (1) A Region's EMS Medical Directors
Committee shall be | ||||||
7 | comprised of the Region's EMS Medical Directors,
along with | ||||||
8 | the medical advisor to a fire department
vehicle service | ||||||
9 | provider. For regions which include a municipal fire
| ||||||
10 | department serving a population of over 2,000,000 people, | ||||||
11 | that fire
department's medical advisor shall serve on the | ||||||
12 | Committee. For other regions,
the fire department vehicle | ||||||
13 | service providers shall select which medical
advisor to | ||||||
14 | serve on the Committee on an annual basis.
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15 | (2) A Region's Trauma Center Medical Directors
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16 | Committee shall be comprised of the Region's Trauma Center
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17 | Medical Directors.
| ||||||
18 | (b) A Region's Trauma Center Medical Directors may
choose | ||||||
19 | to participate in the development of the EMS Region
Plan | ||||||
20 | through membership on the Regional EMS Advisory
Committee, | ||||||
21 | rather than through a separate Trauma Center Medical Directors
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22 | Committee. If that option is selected,
the Region's Trauma | ||||||
23 | Center Medical Director shall also
determine whether a separate | ||||||
24 | Regional Trauma Advisory
Committee is necessary for the Region.
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25 | (c) In the event of disputes over content of the
Plan | ||||||
26 | between the Region's EMS Medical Directors Committee and the
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1 | Region's Trauma Center Medical Directors or Trauma Center
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2 | Medical Directors Committee, whichever is applicable, the
| ||||||
3 | Director of the Illinois Department of Public Health shall
| ||||||
4 | intervene through a mechanism established by the Department
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5 | through rules adopted pursuant to this Act.
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6 | (d) "Regional EMS Advisory Committee" means a
committee | ||||||
7 | formed within an Emergency Medical Services (EMS)
Region to | ||||||
8 | advise the Region's EMS Medical Directors
Committee and to | ||||||
9 | select the Region's representative to the
State Emergency | ||||||
10 | Medical Services Advisory Council,
consisting of at least the | ||||||
11 | members of the Region's EMS
Medical Directors Committee, the | ||||||
12 | Chair of the Regional
Trauma Committee, the EMS System | ||||||
13 | Coordinators from each
Resource Hospital within the Region, one | ||||||
14 | administrative
representative from an Associate Hospital | ||||||
15 | within the Region,
one administrative representative from a | ||||||
16 | Participating
Hospital within the Region, one administrative
| ||||||
17 | representative from the vehicle service provider which
| ||||||
18 | responds to the highest number of calls for emergency service | ||||||
19 | within
the Region, one administrative representative of a | ||||||
20 | vehicle
service provider from each System within the Region, | ||||||
21 | one
Emergency Medical Technician (EMT)/Pre-Hospital RN from | ||||||
22 | each
level of EMT/Pre-Hospital RN practicing within the Region,
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23 | and one registered professional nurse currently practicing
in | ||||||
24 | an emergency department within the Region , and one neurologist | ||||||
25 | from a Primary Stroke Center .
Of the 2 administrative | ||||||
26 | representatives of vehicle service providers, at
least one |
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1 | shall be an administrative representative of a private vehicle
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2 | service provider. The
Department's Regional EMS Coordinator | ||||||
3 | for each Region shall
serve as a non-voting member of that | ||||||
4 | Region's EMS Advisory
Committee.
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5 | Every 2 years, the members of the Region's EMS Medical
| ||||||
6 | Directors Committee shall rotate serving as Committee Chair,
| ||||||
7 | and select the Associate Hospital, Participating Hospital
and | ||||||
8 | vehicle service providers which shall send
representatives to | ||||||
9 | the Advisory Committee, and the
EMTs/Pre-Hospital RN and nurse | ||||||
10 | who shall serve on the
Advisory Committee.
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11 | (e) "Regional Trauma Advisory Committee" means a
committee | ||||||
12 | formed within an Emergency Medical Services (EMS)
Region, to | ||||||
13 | advise the Region's Trauma Center Medical
Directors Committee, | ||||||
14 | consisting of at least the Trauma
Center Medical Directors and | ||||||
15 | Trauma Coordinators from each
Trauma Center within the Region, | ||||||
16 | one EMS Medical Director
from a resource hospital within the | ||||||
17 | Region, one EMS System
Coordinator from another resource | ||||||
18 | hospital within the
Region, one representative each from a | ||||||
19 | public and private
vehicle service provider which transports | ||||||
20 | trauma patients
within the Region, an administrative | ||||||
21 | representative from
each trauma center within the Region, one | ||||||
22 | EMT representing
the highest level of EMT practicing within the | ||||||
23 | Region, one
emergency physician and one Trauma Nurse Specialist | ||||||
24 | (TNS)
currently practicing in a trauma center. The Department's
| ||||||
25 | Regional EMS Coordinator for each Region shall serve as a
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26 | non-voting member of that Region's Trauma Advisory
Committee.
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1 | Every 2 years, the members of the Trauma Center Medical
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2 | Directors Committee shall rotate serving as Committee Chair,
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3 | and select the vehicle service providers, EMT, emergency
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4 | physician, EMS System Coordinator and TNS who shall serve on
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5 | the Advisory Committee.
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6 | (Source: P.A. 89-177, eff. 7-19-95.)
| ||||||
7 | (210 ILCS 50/3.30)
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8 | Sec. 3.30. EMS Region Plan; Content.
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9 | (a) The EMS Medical Directors Committee shall address
at | ||||||
10 | least the following:
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11 | (1) Protocols for inter-System/inter-Region
patient | ||||||
12 | transports, including identifying the conditions of
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13 | emergency patients which may not be transported to the
| ||||||
14 | different levels of emergency department, based on their
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15 | Department classifications and relevant Regional
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16 | considerations (e.g. transport times and distances);
| ||||||
17 | (2) Regional standing medical orders;
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18 | (3) Patient transfer patterns, including criteria
for | ||||||
19 | determining whether a patient needs the specialized
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20 | services of a trauma center, along with protocols for the
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21 | bypassing of or diversion to any hospital, trauma center or
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22 | regional trauma center which are consistent with | ||||||
23 | individual
System bypass or diversion protocols and | ||||||
24 | protocols for
patient choice or refusal;
| ||||||
25 | (4) Protocols for resolving Regional or
Inter-System |
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1 | conflict;
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2 | (5) An EMS disaster preparedness plan which
includes | ||||||
3 | the actions and responsibilities of all EMS
participants | ||||||
4 | within the Region. Within 90 days of the effective date of | ||||||
5 | this
amendatory Act of 1996, an EMS System shall submit to | ||||||
6 | the Department for review
an internal disaster plan. At a | ||||||
7 | minimum, the plan shall include contingency
plans for the | ||||||
8 | transfer of patients to other facilities if an evacuation | ||||||
9 | of the
hospital becomes necessary due to a catastrophe, | ||||||
10 | including but not limited to, a
power failure;
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11 | (6) Regional standardization of continuing
education | ||||||
12 | requirements;
| ||||||
13 | (7) Regional standardization of Do Not
Resuscitate | ||||||
14 | (DNR) policies, and protocols for power of
attorney for | ||||||
15 | health care; and
| ||||||
16 | (8) Protocols for disbursement of Department
grants ; | ||||||
17 | and .
| ||||||
18 | (9) Protocols for the triage, treatment, and transport | ||||||
19 | of patients to a Primary Stroke Center. | ||||||
20 | (b) The Trauma Center Medical Directors or Trauma
Center | ||||||
21 | Medical Directors Committee shall address at least
the | ||||||
22 | following:
| ||||||
23 | (1) The identification of Regional Trauma
Centers;
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24 | (2) Protocols for inter-System and inter-Region
trauma | ||||||
25 | patient transports, including identifying the
conditions | ||||||
26 | of emergency patients which may not be
transported to the |
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| |||||||
1 | different levels of emergency department,
based on their | ||||||
2 | Department classifications and relevant
Regional | ||||||
3 | considerations (e.g. transport times and
distances);
| ||||||
4 | (3) Regional trauma standing medical orders;
| ||||||
5 | (4) Trauma patient transfer patterns, including
| ||||||
6 | criteria for determining whether a patient needs the
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7 | specialized services of a trauma center, along with
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8 | protocols for the bypassing of or diversion to any | ||||||
9 | hospital,
trauma center or regional trauma center which are | ||||||
10 | consistent
with individual System bypass or diversion | ||||||
11 | protocols and
protocols for patient choice or refusal;
| ||||||
12 | (5) The identification of which types of patients
can | ||||||
13 | be cared for by Level I and Level II Trauma Centers;
| ||||||
14 | (6) Criteria for inter-hospital transfer of
trauma | ||||||
15 | patients;
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16 | (7) The treatment of trauma patients in each
trauma | ||||||
17 | center within the Region;
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18 | (8) A program for conducting a quarterly
conference | ||||||
19 | which shall include at a minimum a discussion of
morbidity | ||||||
20 | and mortality between all professional staff
involved in | ||||||
21 | the care of trauma patients;
| ||||||
22 | (9) The establishment of a Regional trauma
quality | ||||||
23 | assurance and improvement subcommittee, consisting of
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24 | trauma surgeons, which shall perform periodic medical | ||||||
25 | audits
of each trauma center's trauma services, and forward
| ||||||
26 | tabulated data from such reviews to the Department; and
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1 | (10) The establishment, within 90 days of the effective | ||||||
2 | date of this
amendatory Act of 1996, of an internal | ||||||
3 | disaster plan, which shall include, at a
minimum, | ||||||
4 | contingency plans for the transfer of patients to other | ||||||
5 | facilities if
an evacuation of the hospital becomes | ||||||
6 | necessary due to a catastrophe, including
but not limited | ||||||
7 | to, a power failure.
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8 | (c) The Region's EMS Medical Directors and Trauma
Center | ||||||
9 | Medical Directors Committees shall appoint any
subcommittees | ||||||
10 | which they deem necessary to address specific
issues concerning | ||||||
11 | Region activities.
| ||||||
12 | (Source: P.A. 89-177, eff. 7-19-95; 89-667, eff. 1-1-97.)
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13 | (210 ILCS 50/3.200)
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14 | Sec. 3.200. State Emergency Medical Services Advisory
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15 | Council.
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16 | (a) There shall be established within the Department
of | ||||||
17 | Public Health a State Emergency Medical Services Advisory
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18 | Council, which shall serve as an advisory body to the
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19 | Department on matters related to this Act.
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20 | (b) Membership of the Council shall include one
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21 | representative from each EMS Region, to be appointed by each
| ||||||
22 | region's EMS Regional Advisory Committee. The Governor
shall | ||||||
23 | appoint additional members to the Council as necessary
to | ||||||
24 | insure that the Council includes one representative from
each | ||||||
25 | of the following categories:
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1 | (1) EMS Medical Director,
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2 | (2) Trauma Center Medical Director,
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3 | (3) Licensed, practicing physician with
regular and | ||||||
4 | frequent involvement in the provision of emergency care,
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5 | (4) Licensed, practicing physician with
special | ||||||
6 | expertise in the surgical care of the trauma patient,
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7 | (4.5) Neurologist from a Primary Stroke Center,
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8 | (5) EMS System Coordinator,
| ||||||
9 | (6) TNS,
| ||||||
10 | (7) EMT-P,
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11 | (8) EMT-I,
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12 | (9) EMT-B,
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13 | (10) Private vehicle service provider,
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14 | (11) Law enforcement officer,
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15 | (12) Chief of a public vehicle service provider,
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16 | (13) Statewide firefighters' union member
affiliated | ||||||
17 | with a vehicle service provider,
| ||||||
18 | (14) Administrative representative from a fire
| ||||||
19 | department vehicle service provider in a municipality with | ||||||
20 | a
population of over 2 million people;
| ||||||
21 | (15) Administrative representative from a
Resource | ||||||
22 | Hospital or EMS System Administrative Director.
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23 | (c) Of the members first appointed, 5 members
shall be | ||||||
24 | appointed for a term of one year, 5 members shall be
appointed | ||||||
25 | for a term of 2 years, and the remaining members
shall be | ||||||
26 | appointed for a term of 3 years. The terms of
subsequent |
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| |||||||
1 | appointees shall be 3 years. All appointees
shall serve until | ||||||
2 | their successors are appointed and
qualified.
| ||||||
3 | (d) The Council shall be provided a 90-day period
in which | ||||||
4 | to review and comment upon all rules proposed by the
Department | ||||||
5 | pursuant to this Act, except for rules adopted
pursuant to | ||||||
6 | Section 3.190(a) of this Act, rules submitted to
the State | ||||||
7 | Trauma Advisory Council and emergency rules
adopted pursuant to | ||||||
8 | Section 5-45 of the Illinois
Administrative Procedure Act. The | ||||||
9 | 90-day review and comment
period may commence upon the | ||||||
10 | Department's submission of the
proposed rules to the individual | ||||||
11 | Council members, if the
Council is not meeting at the time the | ||||||
12 | proposed rules are
ready for Council review. Any non-emergency | ||||||
13 | rules adopted
prior to the Council's 90-day review and comment | ||||||
14 | period
shall be null and void. If the Council fails to advise | ||||||
15 | the
Department within its 90-day review and comment period, the
| ||||||
16 | rule shall be considered acted upon.
| ||||||
17 | (e) Council members shall be reimbursed for
reasonable | ||||||
18 | travel expenses incurred during the performance of their
duties | ||||||
19 | under this Section.
| ||||||
20 | (f) The Department shall provide administrative
support to | ||||||
21 | the Council for the preparation of the agenda and
minutes for | ||||||
22 | Council meetings and distribution of proposed
rules to Council | ||||||
23 | members.
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24 | (g) The Council shall act pursuant to bylaws which
it | ||||||
25 | adopts, which shall include the annual election of a Chair
and | ||||||
26 | Vice-Chair.
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1 | (h) The Director or his designee shall be present
at all | ||||||
2 | Council meetings.
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3 | (i) Nothing in this Section shall preclude the
Council from | ||||||
4 | reviewing and commenting on proposed rules which fall
under the | ||||||
5 | purview of the State Trauma Advisory Council.
| ||||||
6 | (Source: P.A. 89-177, eff. 7-19-95; 90-655, eff. 7-30-98.)
| ||||||
7 | (210 ILCS 50/3.1005 new) | ||||||
8 | Sec. 3.1005. Primary Stroke Center; findings. The General | ||||||
9 | Assembly finds and declares that: | ||||||
10 | (1) Despite significant advances in diagnosis, | ||||||
11 | treatment, and prevention, stroke remains the third | ||||||
12 | highest killer in the United States. An estimated 700,000 | ||||||
13 | to 750,000 new and recurrent strokes occur each year in | ||||||
14 | this country; and with the aging of the population, the | ||||||
15 | number of persons who have strokes is projected to increase | ||||||
16 | each year. Stroke is the number 3 killer of Illinois | ||||||
17 | residents and leads to the death of more than 7,500 | ||||||
18 | citizens of Illinois each year and disables thousands more. | ||||||
19 | Illinois, Indiana, and Ohio have higher stroke mortality | ||||||
20 | rates than neighboring states Michigan, Minnesota, and | ||||||
21 | Wisconsin. | ||||||
22 | (2) A level of stroke center and Regional Stroke Center | ||||||
23 | Systems should be established for the treatment of acute | ||||||
24 | stroke. Primary Stroke Centers should be established in | ||||||
25 | acute care hospitals to evaluate, stabilize, and provide |
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| |||||||
1 | emergency care to patients with acute stroke. | ||||||
2 | (3) It is in the best interest of the residents of this | ||||||
3 | State to have a program to designate stroke centers | ||||||
4 | throughout the State, to provide specific patient care to | ||||||
5 | ensure that acute stroke patients receive safe and | ||||||
6 | effective care, and to provide financial support to acute | ||||||
7 | care hospitals to maintain and develop stroke centers. | ||||||
8 | Further, it is in the best interest of the people of the | ||||||
9 | State of Illinois to improve the State's emergency medical | ||||||
10 | response to ensure that stroke patients may be quickly | ||||||
11 | identified and transported to and treated in facilities | ||||||
12 | that provide timely and appropriate treatment for stroke | ||||||
13 | patients. | ||||||
14 | (210 ILCS 50/3.1010 new) | ||||||
15 | Sec. 3.1010. Primary Stroke Center; definitions. For | ||||||
16 | purposes of Section 3.1005 and the succeeding Sections: | ||||||
17 | "Department" means the Illinois Department of Public | ||||||
18 | Health. | ||||||
19 | "Director" means the Director of Public Health. | ||||||
20 | "Emergency medical services provider" or "EMS provider" | ||||||
21 | means a vehicle service provider which coordinates and provides | ||||||
22 | pre-hospital and inter-hospital emergency care and | ||||||
23 | non-emergency medical transports at a Basic Level Support (BLS) | ||||||
24 | Service, Intermediate Life Support (ILS) Service, or Advanced | ||||||
25 | Life Support (ALS) Service level, or any combination thereof, |
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1 | pursuant to an EMS System program plan submitted to and | ||||||
2 | approved by the Department, and pursuant to the EMS Region Plan | ||||||
3 | adopted for the EMS Region in which the system is located. | ||||||
4 | "Emergency Medical Services Region" or "EMS Region" means a | ||||||
5 | geographic area designated by the Department that encompasses | ||||||
6 | EMS Systems and trauma centers, in which emergency medical | ||||||
7 | services, trauma centers, and non-emergency medical services | ||||||
8 | are coordinated under an EMS Region Plan. | ||||||
9 | "Emergency Medical Services System" or "EMS System" means | ||||||
10 | an organization of hospitals, vehicle service providers, and | ||||||
11 | personnel approved by the Department in a specific geographic
| ||||||
12 | area, which coordinates and provides pre-hospital and | ||||||
13 | inter-hospital emergency care and non-emergency medical | ||||||
14 | transports at a BLS, ILS, or ALS level pursuant to a system | ||||||
15 | program plan submitted to and approved by the Department and | ||||||
16 | pursuant to the EMS Region Plan adopted for the EMS Region in | ||||||
17 | which the EMS System is located. | ||||||
18 | "Emergency Medical Services Medical Director" or "EMS | ||||||
19 | Medical Director" means the physician, appointed by the | ||||||
20 | Resource Hospital, who has the responsibility and authority for | ||||||
21 | total management of the EMS System. | ||||||
22 | "Primary Stroke Center" means a hospital that has been | ||||||
23 | designated by the Department by any one of the following 3 | ||||||
24 | methods: by the Joint Commission; by another | ||||||
25 | nationally-recognized accrediting body as approved by the | ||||||
26 | Department as qualifying and maintaining conformance with the |
| |||||||
| |||||||
1 | requirements of this Act; or by the Department utilizing | ||||||
2 | national-recognized body designation criteria. The Primary | ||||||
3 | Stroke Center shall develop a plan outlining a system of care | ||||||
4 | for stoke victims. This plan shall identify the services | ||||||
5 | associated with stroke prevention, treatment, and | ||||||
6 | rehabilitation such as: primordial and primary prevention; | ||||||
7 | community education; acute stroke treatment, including the | ||||||
8 | hyper acute and emergency department phases; sub-acute stroke | ||||||
9 | treatment and secondary prevention; rehabilitation; and | ||||||
10 | continuous quality improvement (CQI) activities. | ||||||
11 | "Regional EMS Medical Directors Committee" or "Committee" | ||||||
12 | means a group comprised of the Region's EMS Medical Directors, | ||||||
13 | along with the medical advisor to a fire department vehicle
| ||||||
14 | service provider. For Regions that include a municipal fire | ||||||
15 | department serving a population of over 2,000,000 people, that | ||||||
16 | fire department's medical advisor shall serve on the Committee.
| ||||||
17 | For other EMS Regions, the fire department vehicle service | ||||||
18 | providers shall select which medical advisor shall serve on the | ||||||
19 | Committee on an annual basis. | ||||||
20 | "Regional Stroke Center System" means an organization of | ||||||
21 | Primary Stroke Centers, EMS Systems, hospitals, vehicle | ||||||
22 | service providers, and personnel approved by the Department, | ||||||
23 | operating in an established EMS Region, which coordinates and | ||||||
24 | provides pre-hospital, hospital, and inter-hospital care to | ||||||
25 | acute stroke victims. | ||||||
26 | "Resource Hospital" means the hospital with the authority |
| |||||||
| |||||||
1 | and the responsibility for an EMS System as outlined in the | ||||||
2 | Department-approved EMS System Program Plan. | ||||||
3 | (210 ILCS 50/3.1015 new) | ||||||
4 | Sec. 3.1015. Recognition of Primary Stroke Centers. | ||||||
5 | (a) The Department shall attempt to designate a Primary | ||||||
6 | Stroke Center in all areas of the State. The Department shall | ||||||
7 | authorize State designation status for any hospital that meets | ||||||
8 | any of the following criteria: | ||||||
9 | (1) The hospital is designated a Primary Stroke Center | ||||||
10 | by the Joint Commission. | ||||||
11 | (2) The hospital is designated a Primary Stroke Center | ||||||
12 | by a nationally-recognized accrediting body as approved by | ||||||
13 | the Department, provided that the designation criteria of | ||||||
14 | the accrediting body are in keeping with the most recent | ||||||
15 | evidence-based stroke guidelines as determined by national
| ||||||
16 | organizations recognized for leadership and expertise in | ||||||
17 | evidence-based practices related to reducing the | ||||||
18 | occurrence, disabilities, and death associated with | ||||||
19 | stroke. | ||||||
20 | (3) The hospital is designated as a Primary Stroke | ||||||
21 | Center by the Department. | ||||||
22 | The Department may designate any hospital as a Primary | ||||||
23 | Stroke Center, provided that the Department's criteria for | ||||||
24 | Primary Stroke Center designation reflect the most recent | ||||||
25 | criteria established and are in keeping with the most recent |
| |||||||
| |||||||
1 | evidence-based stroke guidelines as determined by national | ||||||
2 | organizations recognized for leadership and expertise in | ||||||
3 | evidence-based practices related to reducing the occurrence, | ||||||
4 | disabilities, and death associated with stroke. | ||||||
5 | (b) A Primary Stroke Center designation shall be for 2 | ||||||
6 | years. The expiration date from the national designating | ||||||
7 | Primary Stroke Center body shall be adopted by the Department. | ||||||
8 | The Department shall establish the expiration date if the | ||||||
9 | Department makes the primary designation according to criteria | ||||||
10 | set forth in this amendatory Act of the 95th General Assembly. | ||||||
11 | Primary Stoke Centers requesting renewal of their designation | ||||||
12 | must file in writing, with the Department, their request for | ||||||
13 | renewal 60 days prior to the date on which their designation | ||||||
14 | expires.
The Department shall re-designate a hospital as a | ||||||
15 | Primary Stroke Center every 2 years. | ||||||
16 | (c) Each hospital designated a Primary Stroke Center shall | ||||||
17 | notify the Department of its designation within 30 days after | ||||||
18 | receiving that designation. Each hospital shall notify the | ||||||
19 | Department if it ceases to be a Primary Stroke Center, within | ||||||
20 | 30 days after it ceases having that designation. | ||||||
21 | (d) The Department shall have the authority to inspect | ||||||
22 | designated Primary Stroke Centers to ensure compliance with the | ||||||
23 | provisions of their designation. If the Department determines | ||||||
24 | that a violation has occurred, the Director shall determine the | ||||||
25 | seriousness of the violation and may either suspend or revoke a | ||||||
26 | Primary Stroke Center's designation. |
| |||||||
| |||||||
1 | (e) The Department shall have the authority to investigate | ||||||
2 | any complaints made against a Primary Stroke Center and take | ||||||
3 | the following action as appropriate after determining that the | ||||||
4 | Primary Stroke Center is in violation of this Act: | ||||||
5 | (1) If the Director determines that the violation | ||||||
6 | presents a substantial probability that death or serious | ||||||
7 | physical harm will result and if the stroke center fails to | ||||||
8 | eliminate the violation immediately or within a fixed | ||||||
9 | period of time, the Director may immediately revoke the | ||||||
10 | trauma center designation. The Primary Stroke Center may | ||||||
11 | appeal the revocation within 15 days after receiving the | ||||||
12 | Director's revocation order. | ||||||
13 | (2) If the Director determines that the violation does | ||||||
14 | not present a substantial probability that death or serious | ||||||
15 | physical harm will result, the Director shall issue a | ||||||
16 | notice of violation and request a plan of correction which | ||||||
17 | shall be subject to the Department approval. The Primary | ||||||
18 | Stroke Center shall have 10 days after the receipt of the | ||||||
19 | notice of violation in which to submit the plan of | ||||||
20 | correction. | ||||||
21 | (210 ILCS 50/3.1020 new) | ||||||
22 | Sec. 3.1020. Primary Stroke Center; grants. | ||||||
23 | (a) In order to encourage and ensure the establishment and | ||||||
24 | retention of Primary Stroke Centers throughout the State, the | ||||||
25 | Director may award matching grants to hospitals that have been
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1 | designated Primary Stroke Centers or that seek designation as | ||||||
2 | Primary Stroke Centers, to be used for necessary | ||||||
3 | infrastructure, including personnel and equipment, or to meet | ||||||
4 | the fee requirements for accreditation surveys in order to | ||||||
5 | satisfy the criteria for designation. A matching grant shall | ||||||
6 | not exceed $250,000 or 50% of the hospital's cost for the | ||||||
7 | necessary infrastructure, whichever is less. | ||||||
8 | (b) The Director may award grant monies to Primary Stroke | ||||||
9 | Centers for the purpose of developing a stroke system. | ||||||
10 | (c) A Primary Stroke Center or a hospital seeking | ||||||
11 | designation as a Primary Stroke Center may apply to the | ||||||
12 | Director for a matching grant in a manner and form designated | ||||||
13 | by the Director and shall provide information as the Director | ||||||
14 | deems necessary to determine whether the hospital is eligible | ||||||
15 | for the grant. | ||||||
16 | (d) Matching grant awards shall be made to Primary Stroke | ||||||
17 | Centers or to hospitals seeking designation as a Primary Stroke | ||||||
18 | Center, placing greatest priority on facilities in areas with
| ||||||
19 | high stroke morbidity rates and achieving geographic diversity | ||||||
20 | where possible. | ||||||
21 | (210 ILCS 50/3.1025 new) | ||||||
22 | Sec. 3.1025. Primary Stroke Center; reporting. | ||||||
23 | (a) The Director shall, not later than July 1, 2010, | ||||||
24 | prepare and submit to the Governor, the President of the | ||||||
25 | Senate, and the Speaker of the House of Representatives a |
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1 | report indicating the total number of hospitals that have | ||||||
2 | applied for grants under Section 3.1020 of this Act, the | ||||||
3 | project for which the application was submitted, the number of | ||||||
4 | those applicants that have been found eligible for the grants, | ||||||
5 | the total number of grants awarded, the name and address of | ||||||
6 | each grantee, and the amount of the award issued to each | ||||||
7 | grantee. | ||||||
8 | (b) The Director shall, not later than September 1, 2009, | ||||||
9 | prepare and submit to the Governor, the President of the | ||||||
10 | Senate, and the Speaker of the House of Representatives a | ||||||
11 | report indicating, as of August 1, 2009, the total number of | ||||||
12 | hospitals that have attained Primary Stroke Center designation | ||||||
13 | and the accrediting bodies through which Primary Stroke Center
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14 | designations were attained. | ||||||
15 | (c) By September 1, 2009, the Director shall send the list | ||||||
16 | of designated Primary Stroke Centers to all Resource Hospital | ||||||
17 | EMS Medical Directors in this State and shall post a list of
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18 | designated Primary Stroke Centers on the Department's website. | ||||||
19 | (d) The Department shall add Primary Stroke Centers | ||||||
20 | immediately to the website listing upon notice to the | ||||||
21 | Department; any Primary Stroke Center whose designation is | ||||||
22 | revoked shall be removed from the website listing immediately | ||||||
23 | upon notice to the Department. | ||||||
24 | (e) The Department shall administer a data collection | ||||||
25 | system to collect data reported by Primary Stroke Centers to | ||||||
26 | the Joint Commission or other accrediting body as required to
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1 | fulfill Primary Stroke Center designation requirements. The | ||||||
2 | Department shall work with each Primary Stroke Center to | ||||||
3 | capture information using existing electronic reporting tools | ||||||
4 | used for accreditation purposes. Nothing in this Section shall | ||||||
5 | be construed to empower the Department to specify the form of | ||||||
6 | internal recordkeeping. The data collection system and data | ||||||
7 | collected shall comply with the following requirements: | ||||||
8 | (1) The confidentiality of patient records shall be | ||||||
9 | maintained in accordance with State and federal | ||||||
10 | regulations on the confidentiality of records. | ||||||
11 | (2) Hospitals shall not be required to submit financial | ||||||
12 | information that is proprietary in nature and unrelated to | ||||||
13 | the scope or purposes of this Act. | ||||||
14 | (3) Information submitted to the Department shall be | ||||||
15 | privileged and strictly confidential and shall be used only | ||||||
16 | for medical research and the evaluation and improvement of | ||||||
17 | quality care. The identity, or any group of facts that | ||||||
18 | tends to lead to the identity, of any person or facility is
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19 | confidential and shall not be open to public inspection or | ||||||
20 | dissemination. Data submitted to the Department pursuant | ||||||
21 | to this Act shall not be a public record within the meaning | ||||||
22 | of the Illinois Freedom of Information Act. The Director | ||||||
23 | shall submit standards or guidelines for ensuring the | ||||||
24 | protection of data collected by the Department to the | ||||||
25 | General Assembly for approval pursuant to Section 3.1045 of | ||||||
26 | this Act. |
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1 | (4) Primary Stroke Centers may provide complete copies | ||||||
2 | of the same reports they submit to the Joint Commission or | ||||||
3 | other accrediting body. The Department shall access this | ||||||
4 | information directly from an accrediting body provided | ||||||
5 | that the Primary Stroke Center has granted the Department | ||||||
6 | permission to do so. The Department shall provide the | ||||||
7 | Primary Stroke Center with a copy of the data received from | ||||||
8 | the accreditation body so the Primary Stroke Center can | ||||||
9 | verify its accuracy. | ||||||
10 | (5) The aggregate data shall be made available to any | ||||||
11 | and all government agencies or contractors of government | ||||||
12 | agencies that have responsibility for the management and | ||||||
13 | administration of emergency medical services throughout | ||||||
14 | the State. | ||||||
15 | (6) The Department shall compile the data and report it | ||||||
16 | in aggregate form to be posted annually on its website. The | ||||||
17 | results of this report may be used by the EMS Regions and
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18 | the Department to conduct training regarding best | ||||||
19 | practices in the treatment of stroke. | ||||||
20 | (7) The data specific to a Primary Stroke Center shall | ||||||
21 | be made available only if that Primary Stroke Center | ||||||
22 | provides the Department with written authorization for the | ||||||
23 | release of the data. | ||||||
24 | (210 ILCS 50/3.1030 new) | ||||||
25 | Sec. 3.1030. Emergency medical services providers; triage |
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1 | and transportation of a possible acute stroke patient to a | ||||||
2 | Primary Stroke Center. | ||||||
3 | (a) The Director shall develop a working group to advise | ||||||
4 | the Department on Primary Stoke Center Systems. This work group | ||||||
5 | shall have representation from the following groups:
EMS | ||||||
6 | Medical Directors;
neurologists from accredited Primary Stroke | ||||||
7 | Centers;
EMS Coordinators;
the Illinois Fire Chiefs | ||||||
8 | Association;
private ambulance providers; and
a representative | ||||||
9 | from the State Emergency Medical Services Advisory Council.
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10 | This group shall also develop and submit a statewide stroke | ||||||
11 | assessment tool to the Department for final approval. Once the | ||||||
12 | tool has been approved, a copy shall be disseminated to all EMS | ||||||
13 | Systems for adoption no later than January 15, 2010. The | ||||||
14 | Director must post this stroke assessment tool on the | ||||||
15 | Department's website. Each EMS System must use a stroke-triage | ||||||
16 | assessment tool that conforms with and is substantially similar | ||||||
17 | to the sample stroke-triage assessment tool provided by the | ||||||
18 | Department. | ||||||
19 | (b) The Director shall work with EMS System Medical | ||||||
20 | Directors and Regional Stroke Center Systems to establish | ||||||
21 | protocols related to the assessment, treatment, and transport | ||||||
22 | of possible acute stroke patients by licensed emergency medical | ||||||
23 | services providers. These protocols shall include regional | ||||||
24 | transport plans for the triage and transport of possible acute | ||||||
25 | stroke patients to the most appropriate facility, which may | ||||||
26 | include the bypass of health care facilities not designated as
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1 | Primary Stroke Centers when it is appropriate to do so. | ||||||
2 | (c) Each EMS System in the State shall comply with the | ||||||
3 | protocols established by the EMS Region related to the | ||||||
4 | assessment, treatment, and transport of possible acute stroke | ||||||
5 | patients by licensed emergency medical services providers in | ||||||
6 | the State and with all of the Sections of this Act by March 1, | ||||||
7 | 2010. | ||||||
8 | (d) Each EMS System must address the items described in | ||||||
9 | subsections (a) through (c) of this Section through the | ||||||
10 | established quality improvement and patient outcome reviews as | ||||||
11 | provided in the EMS Region Plan. | ||||||
12 | (210 ILCS 50/3.1035 new) | ||||||
13 | Sec. 3.1035. Primary Stroke Center; restricted practices. | ||||||
14 | This Act is not a medical practice guideline and may not be | ||||||
15 | used to restrict the authority of a hospital to provide | ||||||
16 | services for which it has received a license under State law. | ||||||
17 | The General Assembly intends that all patients be treated | ||||||
18 | individually based on each patient's needs and circumstances. | ||||||
19 | (210 ILCS 50/3.1040 new) | ||||||
20 | Sec. 3.1040. Primary Stroke Center; authorization to | ||||||
21 | advertise. A person may not claim or advertise to the public, | ||||||
22 | by way of any medium whatsoever, that a hospital is a Primary | ||||||
23 | Stroke Center unless the hospital is designated a Primary | ||||||
24 | Stroke Center in accordance with this Act. |
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1 | (210 ILCS 50/3.1045 new) | ||||||
2 | Sec. 3.1045. No authority to make or promulgate rules. | ||||||
3 | Notwithstanding any other rulemaking authority that may exist, | ||||||
4 | neither the Governor nor any agency or agency head under the | ||||||
5 | jurisdiction of the Governor has any authority to make or | ||||||
6 | promulgate rules to implement or enforce the provisions of this | ||||||
7 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
8 | Governor believes that rules are necessary to implement or | ||||||
9 | enforce the provisions of this amendatory Act of the 95th | ||||||
10 | General Assembly, the Governor may suggest rules to the General | ||||||
11 | Assembly by filing them with the Clerk of the House and | ||||||
12 | Secretary of the Senate and by requesting that the General | ||||||
13 | Assembly authorize such rulemaking by law, enact those | ||||||
14 | suggested rules into law, or take any other appropriate action | ||||||
15 | in the General Assembly's discretion. Nothing contained in this | ||||||
16 | amendatory Act of the 95th General Assembly shall be | ||||||
17 | interpreted to grant rulemaking authority under any other | ||||||
18 | Illinois statute where such authority is not otherwise | ||||||
19 | explicitly given. For the purposes of this amendatory Act of | ||||||
20 | the 95th General Assembly, "rules" is given the meaning | ||||||
21 | contained in Section 1-70 of the Illinois Administrative | ||||||
22 | Procedure Act, and "agency" and "agency head" are given the | ||||||
23 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
24 | Administrative Procedure Act to the extent that such | ||||||
25 | definitions apply to agencies or agency heads under the |
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1 | jurisdiction of the Governor.
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|