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92nd General Assembly

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Public Act 92-0363

SB382 Enrolled                                LRB9201935LBcsA

    AN ACT regarding health facilities.

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

    Section 5.  The Hospital  Licensing  Act  is  amended  by
changing Section 6.08 as follows:

    (210 ILCS 85/6.08) (from Ch. 111 1/2, par. 147.08)
    Sec. 6.08.  (a) Every hospital shall provide notification
as required in this Section to police officers, firefighters,
emergency  medical  technicians,   paramedics  and  ambulance
personnel who have provided or are about to provide emergency
care  or  life  support  services  to  a patient who has been
diagnosed as having a dangerous  communicable  or  infectious
disease.  Such notification shall not include the name of the
patient,  and  the emergency services provider agency and any
person  receiving   such   notification   shall   treat   the
information received as a confidential medical record.
    (b)  The  Department shall establish by regulation a list
of those communicable reportable diseases and conditions  for
which notification shall be provided.
    (c)  The  hospital  shall send the letter of notification
within 72 hours after a confirmed diagnosis  of  any  of  the
communicable  diseases  listed  by the Department pursuant to
subsection  (b),  except  confirmed  diagnoses  of   Acquired
Immunodeficiency  Syndrome  (AIDS).   If there is a confirmed
diagnosis of AIDS, the hospital  shall  send  the  letter  of
notification  only  if  the  police  officers,  firefighters,
emergency   medical   technicians,  paramedics  or  ambulance
personnel have indicated on the ambulance run  sheet  that  a
reasonable  possibility  exists  that  they have had blood or
body fluid contact with the patient, or if hospital personnel
providing the notification have reason to know of a  possible
exposure.
    (d)  Notification letters shall be sent to the designated
contact  at the municipal or private provider agencies listed
on the ambulance run sheet.  Except in municipalities with  a
population  over  1,000,000, a list attached to the ambulance
run sheet must contain all  municipal  and  private  provider
agency  personnel   who  have  provided any pre-hospital care
immediately prior to transport.   In  municipalities  with  a
population  over  1,000,000,  the  ambulance  run  sheet must
contain the company number or unit designation number for any
fire department personnel who have provided any  pre-hospital
care immediately prior to transport.   The letter shall state
the  names  of  crew  members listed on the attachment to the
ambulance run sheet and the name of the communicable  disease
diagnosed,  but  shall  not  contain the patient's name. Upon
receipt of such notification letter, the  applicable  private
provider  agency or the designated infectious disease control
officer of a municipal fire  department  or  fire  protection
district   shall   contact  all  personnel  involved  in  the
pre-hospital or inter-hospital  care  and  transport  of  the
patient.   Such  notification letter may, but is not required
to, consist of the following form:
                     NOTIFICATION LETTER
                     (NAME OF HOSPITAL)
                          (ADDRESS)
    TO:...... (Name of Organization)
    FROM:.....(Infection Control Coordinator)
    DATE:.....
    As required by Section  6.08  of  the  Illinois  Hospital
Licensing  Act,  .....(name  of hospital) is hereby providing
notification that the  following  crew  members  or  agencies
transported  or  provided  pre-hospital  care to a patient on
..... (date), and the transported a  patient  who  was  later
diagnosed  as  having  .....(name  of  communicable disease):
.....(list of crew  members).   The  Hospital  Licensing  Act
requires  you  to maintain this information as a confidential
medical record.  Disclosure of this information may therefore
result in civil  liability  for  the  individual  or  company
breaching the patient's confidentiality, or both.
    If  you have any questions regarding this patient, please
contact me at .....(telephone number), between  .....(hours).
Questions  regarding  exposure  or  the  financial aspects of
obtaining medical care should be directed to your employer.
    (e)  Upon discharge of  a  patient  with  a  communicable
disease to emergency personnel, the hospital shall notify the
emergency  personnel  of  appropriate precautions against the
communicable disease, but shall not identify the name of  the
disease.
    (f)  The  hospital  may,  in  its  discretion,  take  any
measures  in  addition  to  those required in this Section to
notify  police  officers,  firefighters,  emergency   medical
technicians,   paramedics and ambulance personnel of possible
exposure to any communicable disease.  However, in all  cases
this  information  shall  be  maintained  as  a  confidential
medical record.
    (g)  Any   person   providing   or   failing  to  provide
notification under the  protocol  required  by  this  Section
shall  have  immunity  from any liability, either criminal or
civil,  that  might  result  by  reason  of  such  action  or
inaction, unless such action or inaction is willful.
    (h)  Any  person  who  willfully  fails  to  provide  any
notification required  pursuant  to  an  applicable  protocol
which  has been adopted and approved pursuant to this Section
commits a petty offense, and shall be subject to  a  fine  of
$200  for  the  first  offense,  and  $500  for  a  second or
subsequent offense.
    (i)  Nothing in  this  Section  shall  preclude  a  civil
action   by  a  firefighter,  emergency  medical  technician,
paramedic or  ambulance  crew  member  against  an  emergency
services  provider agency, municipal fire department, or fire
protection district that which fails  to  inform  the  member
such  crew  member  in  a  timely fashion of the receipt of a
notification letter.
(Source: P.A. 86-820; 86-887.)
    Passed in the General Assembly May 22, 2001.
    Approved August 15, 2001.

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