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Sen. William R. Haine
Filed: 3/22/2006
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09400HB5348sam001 |
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LRB094 15586 LCT 57122 a |
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| AMENDMENT TO HOUSE BILL 5348
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| AMENDMENT NO. ______. Amend House Bill 5348 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Burn |
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| Injury Reporting Act.
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| Section 5. Burn injury reporting. |
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| (a) Every case of a burn injury treated in a hospital as |
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| described in this Act may be reported to the Office of the |
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| State Fire Marshal. The hospital's administrator, manager, |
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| superintendent, or his or her designee deciding to report under |
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| this Act shall make an oral report of every burn injury in a |
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| timely manner as soon as treatment permits, except as provided |
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| in subsection (c) of this Section, that meets one of the |
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| following criteria: |
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| (1) a person receives a serious second-degree burn or a |
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| third degree burn, but not a radiation burn, to 10% or more |
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| of the person's body as a whole; |
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| (2) a person sustains a burn to the upper respiratory |
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| tract or occurring laryngeal edema due to the inhalation of |
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| superheated air; |
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| (3) a person sustains any burn injury likely to result |
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| in death; or |
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| (4) a person sustains any other burn injury not |
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| excluded by subsection (c). |
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LRB094 15586 LCT 57122 a |
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| (b) The oral report shall consist of notification by |
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| telephone to the Office of the State Fire Marshal using a |
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| toll-free number established by the Office of the State Fire |
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| Marshal for this purpose. |
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| (c) A hospital's administrator, manager, superintendent, |
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| or his or her designee deciding to report under this Act shall |
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| not report any of the following burn injuries: |
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| (1) a burn injury of a first responder, as defined in |
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| Section 3.60 of the Emergency Medical Services (EMS) |
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| Systems Act, sustained in the line of duty; |
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| (2) a burn injury caused by lighting; |
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| (3) a burn injury caused by a motor vehicle accident; |
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| or |
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| (4) a burn injury caused by an identifiable industrial |
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| accident or work-related accident.
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| Section 10. Report contents. The report shall consist of |
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| the following reported information to the extent available: |
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| (1) Name, address, and date of birth of the victim. |
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| (2) Address where the burn injury occurred. |
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| (3) Date and time of the burn occurrence. |
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| (4) Degree of burn injury, percentage of the body |
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| affected by the burn injury, and the specific area of the |
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| body affected by the burn injury. |
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| (5) The name and address of the facility treating the |
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| patient.
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| Section 15. Confidentiality. Information collected in |
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| these reports that could identify the hospital, any health care |
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| professional, any hospital staff, or the patient shall remain |
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| confidential and only be divulged as needed in the |
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| investigation or prosecution of a criminal offense. No |
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| information shall be included in the report naming or |
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| identifying any health care professional or hospital staff. The |
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09400HB5348sam001 |
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LRB094 15586 LCT 57122 a |
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| hospital medical records shall only be disclosed in accordance |
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| with Illinois law and the federal Health Insurance Portability |
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| and Accountability Act of 1996 and its rules.
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| Section 20. Good faith. With the exception of willful and |
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| wanton misconduct, any individual who in good faith acts in |
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| accordance with the terms of this Act or assisting in reporting |
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| shall not be subject to any civil or criminal liability or |
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| discipline for unprofessional conduct.
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| Section 25. Application. This Act applies only to hospitals |
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| that treat a patient initially for a burn injury. This Act does |
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| not apply to a hospital that receives a patient who has been |
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| transferred for a burn that was initially treated at another |
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| hospital. Nothing in this Act shall be construed to require a |
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| hospital to report burn injuries.
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| Section 30. Public information campaign. The Office of the |
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| State Fire Marshal shall conduct a public information campaign |
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| working in conjunction with hospitals, physicians, and law |
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| enforcement to inform hospitals of the opportunity to report |
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| burn injuries to the toll-free number maintained by the Office |
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| pursuant to this Act.
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| Section 300. The Regulatory Sunset Act is amended by adding |
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| Section 4.19a as follows:
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| (5 ILCS 80/4.19a new) |
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| Sec. 4.19a. Act repealed on January 1, 2009. The following |
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| Act is repealed on January 1, 2009: |
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| The Burn Injury Reporting Act.".
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