Illinois General Assembly - Full Text of Public Act 094-0828

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Public Act 094-0828

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Public Act 0828 94TH GENERAL ASSEMBLY

Public Act 094-0828

HB5348 Enrolled LRB094 15586 LCT 55049 b

    AN ACT concerning burn injury reporting.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    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.

    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.

Effective Date: 1/1/2007

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