Public Act 096-0514
 
HB2244 Enrolled LRB096 07994 KTG 18098 b

    AN ACT concerning public health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by adding
Section 5.719 as follows:
 
    (30 ILCS 105/5.719 new)
    Sec. 5.719. The Hospital Stroke Care Fund.
 
    Section 10. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.25, 3.30, 3.130, and
3.200 and by adding Sections 3.116, 3.117, 3.117.5, 3.118,
3.118.5, 3.119, and 3.226 as follows:
 
    (210 ILCS 50/3.25)
    Sec. 3.25. EMS Region Plan; Development.
    (a) Within 6 months after designation of an EMS Region, an
EMS Region Plan addressing at least the information prescribed
in Section 3.30 shall be submitted to the Department for
approval. The Plan shall be developed by the Region's EMS
Medical Directors Committee with advice from the Regional EMS
Advisory Committee; portions of the plan concerning trauma
shall be developed jointly with the Region's Trauma Center
Medical Directors or Trauma Center Medical Directors
Committee, whichever is applicable, with advice from the
Regional Trauma Advisory Committee, if such Advisory Committee
has been established in the Region. Portions of the Plan
concerning stroke shall be developed jointly with the Regional
Stroke Advisory Subcommittee.
        (1) A Region's EMS Medical Directors Committee shall be
    comprised of the Region's EMS Medical Directors, along with
    the medical advisor to a fire department vehicle service
    provider. For regions which include a municipal fire
    department serving a population of over 2,000,000 people,
    that fire department's medical advisor shall serve on the
    Committee. For other regions, the fire department vehicle
    service providers shall select which medical advisor to
    serve on the Committee on an annual basis.
        (2) A Region's Trauma Center Medical Directors
    Committee shall be comprised of the Region's Trauma Center
    Medical Directors.
    (b) A Region's Trauma Center Medical Directors may choose
to participate in the development of the EMS Region Plan
through membership on the Regional EMS Advisory Committee,
rather than through a separate Trauma Center Medical Directors
Committee. If that option is selected, the Region's Trauma
Center Medical Director shall also determine whether a separate
Regional Trauma Advisory Committee is necessary for the Region.
    (c) In the event of disputes over content of the Plan
between the Region's EMS Medical Directors Committee and the
Region's Trauma Center Medical Directors or Trauma Center
Medical Directors Committee, whichever is applicable, the
Director of the Illinois Department of Public Health shall
intervene through a mechanism established by the Department
through rules adopted pursuant to this Act.
    (d) "Regional EMS Advisory Committee" means a committee
formed within an Emergency Medical Services (EMS) Region to
advise the Region's EMS Medical Directors Committee and to
select the Region's representative to the State Emergency
Medical Services Advisory Council, consisting of at least the
members of the Region's EMS Medical Directors Committee, the
Chair of the Regional Trauma Committee, the EMS System
Coordinators from each Resource Hospital within the Region, one
administrative representative from an Associate Hospital
within the Region, one administrative representative from a
Participating Hospital within the Region, one administrative
representative from the vehicle service provider which
responds to the highest number of calls for emergency service
within the Region, one administrative representative of a
vehicle service provider from each System within the Region,
one Emergency Medical Technician (EMT)/Pre-Hospital RN from
each level of EMT/Pre-Hospital RN practicing within the Region,
and one registered professional nurse currently practicing in
an emergency department within the Region. Of the 2
administrative representatives of vehicle service providers,
at least one shall be an administrative representative of a
private vehicle service provider. The Department's Regional
EMS Coordinator for each Region shall serve as a non-voting
member of that Region's EMS Advisory Committee.
    Every 2 years, the members of the Region's EMS Medical
Directors Committee shall rotate serving as Committee Chair,
and select the Associate Hospital, Participating Hospital and
vehicle service providers which shall send representatives to
the Advisory Committee, and the EMTs/Pre-Hospital RN and nurse
who shall serve on the Advisory Committee.
    (e) "Regional Trauma Advisory Committee" means a committee
formed within an Emergency Medical Services (EMS) Region, to
advise the Region's Trauma Center Medical Directors Committee,
consisting of at least the Trauma Center Medical Directors and
Trauma Coordinators from each Trauma Center within the Region,
one EMS Medical Director from a resource hospital within the
Region, one EMS System Coordinator from another resource
hospital within the Region, one representative each from a
public and private vehicle service provider which transports
trauma patients within the Region, an administrative
representative from each trauma center within the Region, one
EMT representing the highest level of EMT practicing within the
Region, one emergency physician and one Trauma Nurse Specialist
(TNS) currently practicing in a trauma center. The Department's
Regional EMS Coordinator for each Region shall serve as a
non-voting member of that Region's Trauma Advisory Committee.
    Every 2 years, the members of the Trauma Center Medical
Directors Committee shall rotate serving as Committee Chair,
and select the vehicle service providers, EMT, emergency
physician, EMS System Coordinator and TNS who shall serve on
the Advisory Committee.
(Source: P.A. 89-177, eff. 7-19-95.)
 
    (210 ILCS 50/3.30)
    Sec. 3.30. EMS Region Plan; Content.
    (a) The EMS Medical Directors Committee shall address at
least the following:
        (1) Protocols for inter-System/inter-Region patient
    transports, including identifying the conditions of
    emergency patients which may not be transported to the
    different levels of emergency department, based on their
    Department classifications and relevant Regional
    considerations (e.g. transport times and distances);
        (2) Regional standing medical orders;
        (3) Patient transfer patterns, including criteria for
    determining whether a patient needs the specialized
    services of a trauma center, along with protocols for the
    bypassing of or diversion to any hospital, trauma center or
    regional trauma center which are consistent with
    individual System bypass or diversion protocols and
    protocols for patient choice or refusal;
        (4) Protocols for resolving Regional or Inter-System
    conflict;
        (5) An EMS disaster preparedness plan which includes
    the actions and responsibilities of all EMS participants
    within the Region. Within 90 days of the effective date of
    this amendatory Act of 1996, an EMS System shall submit to
    the Department for review an internal disaster plan. At a
    minimum, the plan shall include contingency plans for the
    transfer of patients to other facilities if an evacuation
    of the hospital becomes necessary due to a catastrophe,
    including but not limited to, a power failure;
        (6) Regional standardization of continuing education
    requirements;
        (7) Regional standardization of Do Not Resuscitate
    (DNR) policies, and protocols for power of attorney for
    health care; and
        (8) Protocols for disbursement of Department grants;
    and .
        (9) Protocols for the triage, treatment, and transport
    of possible acute stroke patients.
    (b) The Trauma Center Medical Directors or Trauma Center
Medical Directors Committee shall address at least the
following:
        (1) The identification of Regional Trauma Centers;
        (2) Protocols for inter-System and inter-Region trauma
    patient transports, including identifying the conditions
    of emergency patients which may not be transported to the
    different levels of emergency department, based on their
    Department classifications and relevant Regional
    considerations (e.g. transport times and distances);
        (3) Regional trauma standing medical orders;
        (4) Trauma patient transfer patterns, including
    criteria for determining whether a patient needs the
    specialized services of a trauma center, along with
    protocols for the bypassing of or diversion to any
    hospital, trauma center or regional trauma center which are
    consistent with individual System bypass or diversion
    protocols and protocols for patient choice or refusal;
        (5) The identification of which types of patients can
    be cared for by Level I and Level II Trauma Centers;
        (6) Criteria for inter-hospital transfer of trauma
    patients;
        (7) The treatment of trauma patients in each trauma
    center within the Region;
        (8) A program for conducting a quarterly conference
    which shall include at a minimum a discussion of morbidity
    and mortality between all professional staff involved in
    the care of trauma patients;
        (9) The establishment of a Regional trauma quality
    assurance and improvement subcommittee, consisting of
    trauma surgeons, which shall perform periodic medical
    audits of each trauma center's trauma services, and forward
    tabulated data from such reviews to the Department; and
        (10) The establishment, within 90 days of the effective
    date of this amendatory Act of 1996, of an internal
    disaster plan, which shall include, at a minimum,
    contingency plans for the transfer of patients to other
    facilities if an evacuation of the hospital becomes
    necessary due to a catastrophe, including but not limited
    to, a power failure.
    (c) The Region's EMS Medical Directors and Trauma Center
Medical Directors Committees shall appoint any subcommittees
which they deem necessary to address specific issues concerning
Region activities.
(Source: P.A. 89-177, eff. 7-19-95; 89-667, eff. 1-1-97.)
 
    (210 ILCS 50/3.116 new)
    Sec. 3.116. Hospital Stroke Care; definitions. As used in
Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this
Act:
    "Certification" or "certified" means certification, using
evidence-based standards, from a nationally-recognized
certifying body approved by the Department.
    "Designation" or "designated" means the Department's
recognition of a hospital as a Primary Stroke Center or
Emergent Stroke Ready Hospital.
    "Emergent stroke care" is emergency medical care that
includes diagnosis and emergency medical treatment of acute
stroke patients.
    "Emergent Stroke Ready Hospital" means a hospital that has
been designated by the Department as meeting the criteria for
providing emergent stroke care.
    "Primary Stroke Center" means a hospital that has been
certified by a Department-approved, nationally-recognized
certifying body and designated as such by the Department.
    "Regional Stroke Advisory Subcommittee" means a
subcommittee formed within each Regional EMS Advisory
Committee to advise the Director and the Region's EMS Medical
Directors Committee on the triage, treatment, and transport of
possible acute stroke patients and to select the Region's
representative to the State Stroke Advisory Subcommittee. The
Regional Stroke Advisory Subcommittee shall consist of one
representative from the EMS Medical Directors Committee; equal
numbers of administrative representatives, or their designees,
from Primary Stroke Centers within the Region, if any, and from
hospitals that are capable of providing emergent stroke care
that are not Primary Stroke Centers within the Region; one
neurologist from a Primary Stroke Center in the Region, if any;
one nurse practicing in a Primary Stroke Center and one nurse
from a hospital capable of providing emergent stroke care that
is not a Primary Stroke Center; one representative from both a
public and a private vehicle service provider which transports
possible acute stroke patients within the Region; the State
designated regional EMS Coordinator; and in regions that serve
a population of over 2,000,000, a fire chief, or designee, from
the EMS Region.
    "State Stroke Advisory Subcommittee" means a standing
advisory body within the State Emergency Medical Services
Advisory Council.
 
    (210 ILCS 50/3.117 new)
    Sec. 3.117. Hospital Designations.
    (a) The Department shall attempt to designate Primary
Stroke Centers in all areas of the State.
        (1) The Department shall designate as many certified
    Primary Stroke Centers as apply for that designation
    provided they are certified by a nationally-recognized
    certifying body, approved by the Department, and
    certification criteria are consistent with the most
    current nationally-recognized, evidence-based stroke
    guidelines related to reducing the occurrence,
    disabilities, and death associated with stroke.
        (2) A hospital certified as a Primary Stroke Center by
    a nationally-recognized certifying body approved by the
    Department, shall send a copy of the Certificate to the
    Department and shall be deemed, within 30 days of its
    receipt by the Department, to be a State-designated Primary
    Stroke Center.
        (3) With respect to a hospital that is a designated
    Primary Stroke Center, the Department shall have the
    authority and responsibility to do the following:
            (A) Suspend or revoke a hospital's Primary Stroke
        Center designation upon receiving notice that the
        hospital's Primary Stroke Center certification has
        lapsed or has been revoked by the State recognized
        certifying body.
            (B) Suspend a hospital's Primary Stroke Center
        designation, in extreme circumstances where patients
        may be at risk for immediate harm or death, until such
        time as the certifying body investigates and makes a
        final determination regarding certification.
            (C) Restore any previously suspended or revoked
        Department designation upon notice to the Department
        that the certifying body has confirmed or restored the
        Primary Stroke Center certification of that previously
        designated hospital.
            (D) Suspend a hospital's Primary Stroke Center
        designation at the request of a hospital seeking to
        suspend its own Department designation.
        (4) Primary Stroke Center designation shall remain
    valid at all times while the hospital maintains its
    certification as a Primary Stroke Center, in good standing,
    with the certifying body. The duration of a Primary Stroke
    Center designation shall coincide with the duration of its
    Primary Stroke Center certification. Each designated
    Primary Stroke Center shall have its designation
    automatically renewed upon the Department's receipt of a
    copy of the accrediting body's certification renewal.
        (5) A hospital that no longer meets
    nationally-recognized, evidence-based standards for
    Primary Stroke Centers, or loses its Primary Stroke Center
    certification, shall immediately notify the Department and
    the Regional EMS Advisory Committee.
    (b) The Department shall attempt to designate hospitals as
Emergent Stroke Ready Hospitals capable of providing emergent
stroke care in all areas of the State.
        (1) The Department shall designate as many Emergent
    Stroke Ready Hospitals as apply for that designation as
    long as they meet the criteria in this Act.
        (2) Hospitals may apply for, and receive, Emergent
    Stroke Ready Hospital designation from the Department,
    provided that the hospital attests, on a form developed by
    the Department in consultation with the State Stroke
    Advisory Subcommittee, that it meets, and will continue to
    meet, the criteria for Emergent Stroke Ready Hospital
    designation.
        (3) Hospitals seeking Emergent Stroke Ready Hospital
    designation shall develop policies and procedures that
    consider nationally-recognized, evidence-based protocols
    for the provision of emergent stroke care. Hospital
    policies relating to emergent stroke care and stroke
    patient outcomes shall be reviewed at least annually, or
    more often as needed, by a hospital committee that oversees
    quality improvement. Adjustments shall be made as
    necessary to advance the quality of stroke care delivered.
    Criteria for Emergent Stroke Ready Hospital designation of
    hospitals shall be limited to the ability of a hospital to:
            (A) create written acute care protocols related to
        emergent stroke care;
            (B) maintain a written transfer agreement with one
        or more hospitals that have neurosurgical expertise;
            (C) designate a director of stroke care, which may
        be a clinical member of the hospital staff or the
        designee of the hospital administrator, to oversee the
        hospital's stroke care policies and procedures;
            (D) administer thrombolytic therapy, or
        subsequently developed medical therapies that meet
        nationally-recognized, evidence-based stroke
        guidelines;
            (E) conduct brain image tests at all times;
            (F) conduct blood coagulation studies at all
        times; and
            (G) maintain a log of stroke patients, which shall
        be available for review upon request by the Department
        or any hospital that has a written transfer agreement
        with the Emergent Stroke Ready Hospital.
        (4) With respect to Emergent Stroke Ready Hospital
    designation, the Department shall have the authority and
    responsibility to do the following:
            (A) Require hospitals applying for Emergent Stroke
        Ready Hospital designation to attest, on a form
        developed by the Department in consultation with the
        State Stroke Advisory Subcommittee, that the hospital
        meets, and will continue to meet, the criteria for a
        Emergent Stroke Ready Hospital.
            (B) Designate a hospital as an Emergent Stroke
        Ready Hospital no more than 20 business days after
        receipt of an attestation that meets the requirements
        for attestation.
            (C) Require annual written attestation, on a form
        developed by the Department in consultation with the
        State Stroke Advisory Subcommittee, by Emergent Stroke
        Ready Hospitals to indicate compliance with Emergent
        Stroke Ready Hospital criteria, as described in this
        Section, and automatically renew Emergent Stroke Ready
        Hospital designation of the hospital.
            (D) Issue an Emergency Suspension of Emergent
        Stroke Ready Hospital designation when the Director,
        or his or her designee, has determined that the
        hospital no longer meets the Emergent Stroke Ready
        Hospital criteria and an immediate and serious danger
        to the public health, safety, and welfare exists. If
        the Emergent Stroke Ready Hospital fails to eliminate
        the violation immediately or within a fixed period of
        time, not exceeding 10 days, as determined by the
        Director, the Director may immediately revoke the
        Emergent Stroke Ready Hospital designation. The
        Emergent Stroke Ready Hospital may appeal the
        revocation within 15 days after receiving the
        Director's revocation order, by requesting an
        administrative hearing.
            (E) After notice and an opportunity for an
        administrative hearing, suspend, revoke, or refuse to
        renew an Emergent Stroke Ready Hospital designation,
        when the Department finds the hospital is not in
        substantial compliance with current Emergent Stroke
        Ready Hospital criteria.
    (c) The Department shall consult with the State Stroke
Advisory Subcommittee for developing the designation and
de-designation processes for Primary Stroke Centers and
Emergent Stroke Ready Hospitals.
 
    (210 ILCS 50/3.117.5 new)
    Sec. 3.117.5. Hospital Stroke Care; grants.
    (a) In order to encourage the establishment and retention
of Primary Stroke Centers and Emergent Stroke Ready Hospitals
throughout the State, the Director may award, subject to
appropriation, matching grants to hospitals to be used for the
acquisition and maintenance of necessary infrastructure,
including personnel, equipment, and pharmaceuticals for the
diagnosis and treatment of acute stroke patients. Grants may be
used to pay the fee for certifications by Department approved
nationally-recognized certifying bodies or to provide
additional training for directors of stroke care or for
hospital staff.
    (b) The Director may award grant moneys to Primary Stroke
Centers and Emergent Stroke Ready Hospitals for developing or
enlarging stroke networks, for stroke education, and to enhance
the ability of the EMS System to respond to possible acute
stroke patients.
    (c) A Primary Stroke Center, Emergent Stroke Ready
Hospital, or hospital seeking certification as a Primary Stroke
Center or designation as an Emergent Stroke Ready Hospital may
apply to the Director for a matching grant in a manner and form
specified by the Director and shall provide information as the
Director deems necessary to determine whether the hospital is
eligible for the grant.
    (d) Matching grant awards shall be made to Primary Stroke
Centers, Emergent Stroke Ready Hospitals, or hospitals seeking
certification or designation as a Primary Stroke Center or
designation as an Emergent Stroke Ready Hospital. The
Department may consider prioritizing grant awards to hospitals
in areas with the highest incidence of stroke, taking into
account geographic diversity, where possible.
 
    (210 ILCS 50/3.118 new)
    Sec. 3.118. Reporting.
    (a) The Director shall, not later than July 1, 2012,
prepare and submit to the Governor and the General Assembly a
report indicating the total number of hospitals that have
applied for grants, the project for which the application was
submitted, the number of those applicants that have been found
eligible for the grants, the total number of grants awarded,
the name and address of each grantee, and the amount of the
award issued to each grantee.
    (b) By July 1, 2010, the Director shall send the list of
designated Primary Stroke Centers and designated Emergent
Stroke Ready Hospitals to all Resource Hospital EMS Medical
Directors in this State and shall post a list of designated
Primary Stroke Centers and Emergent Stroke Ready Hospitals on
the Department's website, which shall be continuously updated.
    (c) The Department shall add the names of designated
Primary Stroke Centers and Emergent Stroke Ready Hospitals to
the website listing immediately upon designation and shall
immediately remove the name when a hospital loses its
designation after notice and a hearing.
    (d) Stroke data collection systems and all stroke-related
data collected from hospitals shall comply with the following
requirements:
        (1) The confidentiality of patient records shall be
    maintained in accordance with State and federal laws.
        (2) Hospital proprietary information and the names of
    any hospital administrator, health care professional, or
    employee shall not be subject to disclosure.
        (3) Information submitted to the Department shall be
    privileged and strictly confidential and shall be used only
    for the evaluation and improvement of hospital stroke care.
    Stroke data collected by the Department shall not be
    directly available to the public and shall not be subject
    to civil subpoena, nor discoverable or admissible in any
    civil, criminal, or administrative proceeding against a
    health care facility or health care professional.
    (e) The Department may administer a data collection system
to collect data that is already reported by designated Primary
Stroke Centers to their certifying body, to fulfill Primary
Stroke Center certification requirements. Primary Stroke
Centers may provide complete copies of the same reports that
are submitted to their certifying body, to satisfy any
Department reporting requirements. In the event the Department
establishes reporting requirements for designated Primary
Stroke Centers, the Department shall permit each designated
Primary Stroke Center to capture information using existing
electronic reporting tools used for certification purposes.
Nothing in this Section shall be construed to empower the
Department to specify the form of internal recordkeeping. Three
years from the effective date of this amendatory Act of the
96th General Assembly, the Department may post stroke data
submitted by Primary Stroke Centers on its website, subject to
the following:
        (1) Data collection and analytical methodologies shall
    be used that meet accepted standards of validity and
    reliability before any information is made available to the
    public.
        (2) The limitations of the data sources and analytic
    methodologies used to develop comparative hospital
    information shall be clearly identified and acknowledged,
    including, but not limited to, the appropriate and
    inappropriate uses of the data.
        (3) To the greatest extent possible, comparative
    hospital information initiatives shall use standard-based
    norms derived from widely accepted provider-developed
    practice guidelines.
        (4) Comparative hospital information and other
    information that the Department has compiled regarding
    hospitals shall be shared with the hospitals under review
    prior to public dissemination of the information.
    Hospitals have 30 days to make corrections and to add
    helpful explanatory comments about the information before
    the publication.
        (5) Comparisons among hospitals shall adjust for
    patient case mix and other relevant risk factors and
    control for provider peer groups, when appropriate.
        (6) Effective safeguards to protect against the
    unauthorized use or disclosure of hospital information
    shall be developed and implemented.
        (7) Effective safeguards to protect against the
    dissemination of inconsistent, incomplete, invalid,
    inaccurate, or subjective hospital data shall be developed
    and implemented.
        (8) The quality and accuracy of hospital information
    reported under this Act and its data collection, analysis,
    and dissemination methodologies shall be evaluated
    regularly.
        (9) None of the information the Department discloses to
    the public under this Act may be used to establish a
    standard of care in a private civil action.
        (10) The Department shall disclose information under
    this Section in accordance with provisions for inspection
    and copying of public records required by the Freedom of
    Information Act, provided that the information satisfies
    the provisions of this Section.
        (11) Notwithstanding any other provision of law, under
    no circumstances shall the Department disclose information
    obtained from a hospital that is confidential under Part 21
    of Article VIII of the Code of Civil Procedure.
        (12) No hospital report or Department disclosure may
    contain information identifying a patient, employee, or
    licensed professional.
 
    (210 ILCS 50/3.118.5 new)
    Sec. 3.118.5. State Stroke Advisory Subcommittee; triage
and transport of possible acute stroke patients.
    (a) There shall be established within the State Emergency
Medical Services Advisory Council, or other statewide body
responsible for emergency health care, a standing State Stroke
Advisory Subcommittee, which shall serve as an advisory body to
the Council and the Department on matters related to the
triage, treatment, and transport of possible acute stroke
patients. Membership on the Committee shall be as
geographically diverse as possible and include one
representative from each Regional Stroke Advisory
Subcommittee, to be chosen by each Regional Stroke Advisory
Subcommittee. The Director shall appoint additional members,
as needed, to ensure there is adequate representation from the
following:
        (1) an EMS Medical Director;
        (2) a hospital administrator, or designee, from a
    Primary Stroke Center;
        (3) a hospital administrator, or designee, from a
    hospital capable of providing emergent stroke care that is
    not a Primary Stroke Center;
        (4) a registered nurse from a Primary Stroke Center;
        (5) a registered nurse from a hospital capable of
    providing emergent stroke care that is not a Primary Stroke
    Center;
        (6) a neurologist from a Primary Stroke Center;
        (7) an emergency department physician from a hospital,
    capable of providing emergent stroke care, that is not a
    Primary Stroke Center;
        (8) an EMS Coordinator;
        (9) an acute stroke patient advocate;
        (10) a fire chief, or designee, from an EMS Region that
    serves a population of over 2,000,000 people;
        (11) a fire chief, or designee, from a rural EMS
    Region;
        (12) a representative from a private ambulance
    provider; and
        (13) a representative from the State Emergency Medical
    Services Advisory Council.
    (b) Of the members first appointed, 7 members shall be
appointed for a term of one year, 7 members shall be appointed
for a term of 2 years, and the remaining members shall be
appointed for a term of 3 years. The terms of subsequent
appointees shall be 3 years.
    (c) The State Stroke Advisory Subcommittee shall be
provided a 90-day period in which to review and comment upon
all rules proposed by the Department pursuant to this Act
concerning stroke care, except for emergency rules adopted
pursuant to Section 5-45 of the Illinois Administrative
Procedure Act. The 90-day review and comment period shall
commence prior to publication of the proposed rules and upon
the Department's submission of the proposed rules to the
individual Committee members, if the Committee is not meeting
at the time the proposed rules are ready for Committee review.
    (d) The State Stroke Advisory Subcommittee shall develop
and submit an evidence-based statewide stroke assessment tool
to clinically evaluate potential stroke patients to the
Department for final approval. Upon approval, the Department
shall disseminate the tool to all EMS Systems for adoption. The
Director shall post the Department-approved stroke assessment
tool on the Department's website. The State Stroke Advisory
Subcommittee shall review the Department-approved stroke
assessment tool at least annually to ensure its clinical
relevancy and to make changes when clinically warranted.
    (e) Nothing in this Section shall preclude the State Stroke
Advisory Subcommittee from reviewing and commenting on
proposed rules which fall under the purview of the State
Emergency Medical Services Advisory Council. Nothing in this
Section shall preclude the Emergency Medical Services Advisory
Council from reviewing and commenting on proposed rules which
fall under the purview of the State Stroke Advisory
Subcommittee.
    (f) The Director shall coordinate with and assist the EMS
System Medical Directors and Regional Stroke Advisory
Subcommittee within each EMS Region to establish protocols
related to the assessment, treatment, and transport of possible
acute stroke patients by licensed emergency medical services
providers. These protocols shall include regional transport
plans for the triage and transport of possible acute stroke
patients to the most appropriate Primary Stroke Center or
Emergent Stroke Ready Hospital, unless circumstances warrant
otherwise.
 
    (210 ILCS 50/3.119 new)
    Sec. 3.119. Stroke Care; restricted practices. Sections in
this Act pertaining to Primary Stroke Centers and Emergent
Stroke Ready Hospitals are not medical practice guidelines and
shall not be used to restrict the authority of a hospital to
provide services for which it has received a license under
State law.
 
    (210 ILCS 50/3.130)
    Sec. 3.130. Violations; Plans of Correction. Except for
emergency suspension orders, or actions initiated pursuant to
Sections 3.117(a), 3.117(b), and Section 3.90(b)(10) of this
Act, prior to initiating an action for suspension, revocation,
denial, nonrenewal, or imposition of a fine pursuant to this
Act, the Department shall:
    (a) Issue a Notice of Violation which specifies the
Department's allegations of noncompliance and requests a plan
of correction to be submitted within 10 days after receipt of
the Notice of Violation;
    (b) Review and approve or reject the plan of correction. If
the Department rejects the plan of correction, it shall send
notice of the rejection and the reason for the rejection. The
party shall have 10 days after receipt of the notice of
rejection in which to submit a modified plan;
    (c) Impose a plan of correction if a modified plan is not
submitted in a timely manner or if the modified plan is
rejected by the Department;
    (d) Issue a Notice of Intent to fine, suspend, revoke,
nonrenew or deny if the party has failed to comply with the
imposed plan of correction, and provide the party with an
opportunity to request an administrative hearing. The Notice of
Intent shall be effected by certified mail or by personal
service, shall set forth the particular reasons for the
proposed action, and shall provide the party with 15 days in
which to request a hearing.
(Source: P.A. 89-177, eff. 7-19-95.)
 
    (210 ILCS 50/3.200)
    Sec. 3.200. State Emergency Medical Services Advisory
Council.
    (a) There shall be established within the Department of
Public Health a State Emergency Medical Services Advisory
Council, which shall serve as an advisory body to the
Department on matters related to this Act.
    (b) Membership of the Council shall include one
representative from each EMS Region, to be appointed by each
region's EMS Regional Advisory Committee. The Governor shall
appoint additional members to the Council as necessary to
insure that the Council includes one representative from each
of the following categories:
        (1) EMS Medical Director,
        (2) Trauma Center Medical Director,
        (3) Licensed, practicing physician with regular and
    frequent involvement in the provision of emergency care,
        (4) Licensed, practicing physician with special
    expertise in the surgical care of the trauma patient,
        (5) EMS System Coordinator,
        (6) TNS,
        (7) EMT-P,
        (8) EMT-I,
        (9) EMT-B,
        (10) Private vehicle service provider,
        (11) Law enforcement officer,
        (12) Chief of a public vehicle service provider,
        (13) Statewide firefighters' union member affiliated
    with a vehicle service provider,
        (14) Administrative representative from a fire
    department vehicle service provider in a municipality with
    a population of over 2 million people;
        (15) Administrative representative from a Resource
    Hospital or EMS System Administrative Director.
    (c) Of the members first appointed, 5 members shall be
appointed for a term of one year, 5 members shall be appointed
for a term of 2 years, and the remaining members shall be
appointed for a term of 3 years. The terms of subsequent
appointees shall be 3 years. All appointees shall serve until
their successors are appointed and qualified.
    (d) The Council shall be provided a 90-day period in which
to review and comment, in consultation with the subcommittee to
which the rules are relevant, upon all rules proposed by the
Department pursuant to this Act, except for rules adopted
pursuant to Section 3.190(a) of this Act, rules submitted to
the State Trauma Advisory Council and emergency rules adopted
pursuant to Section 5-45 of the Illinois Administrative
Procedure Act. The 90-day review and comment period may
commence upon the Department's submission of the proposed rules
to the individual Council members, if the Council is not
meeting at the time the proposed rules are ready for Council
review. Any non-emergency rules adopted prior to the Council's
90-day review and comment period shall be null and void. If the
Council fails to advise the Department within its 90-day review
and comment period, the rule shall be considered acted upon.
    (e) Council members shall be reimbursed for reasonable
travel expenses incurred during the performance of their duties
under this Section.
    (f) The Department shall provide administrative support to
the Council for the preparation of the agenda and minutes for
Council meetings and distribution of proposed rules to Council
members.
    (g) The Council shall act pursuant to bylaws which it
adopts, which shall include the annual election of a Chair and
Vice-Chair.
    (h) The Director or his designee shall be present at all
Council meetings.
    (i) Nothing in this Section shall preclude the Council from
reviewing and commenting on proposed rules which fall under the
purview of the State Trauma Advisory Council.
(Source: P.A. 89-177, eff. 7-19-95; 90-655, eff. 7-30-98.)
 
    (210 ILCS 50/3.226 new)
    Sec. 3.226. Hospital Stroke Care Fund.
    (a) The Hospital Stroke Care Fund is created as a special
fund in the State treasury for the purpose of receiving
appropriations, donations, and grants collected by the
Illinois Department of Public Health pursuant to Department
designation of Primary Stroke Centers and Emergent Stroke Ready
Hospitals. All moneys collected by the Department pursuant to
its authority to designate Primary Stroke Centers and Emergent
Stroke Ready Hospitals shall be deposited into the Fund, to be
used for the purposes in subsection (b).
    (b) The purpose of the Fund is to allow the Director of the
Department to award matching grants to hospitals that have been
certified Primary Stroke Centers, that seek certification or
designation or both as Primary Stroke Centers, that have been
designated Emergent Stroke Ready Hospitals, that seek
designation as Emergent Stroke Ready Hospitals, and for the
development of stroke networks. Hospitals may use grant funds
to work with the EMS System to improve outcomes of possible
acute stroke patients.
    (c) Moneys deposited in the Hospital Stroke Care Fund shall
be allocated according to the hospital needs within each EMS
region and used solely for the purposes described in this Act.
    (d) Interfund transfers from the Hospital Stroke Care Fund
shall be prohibited.