Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3548 Compare Versions

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1-Public Act 103-1013
21 SB3548 EnrolledLRB103 38295 CES 68430 b SB3548 Enrolled LRB103 38295 CES 68430 b
32 SB3548 Enrolled LRB103 38295 CES 68430 b
4-AN ACT concerning regulation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Emergency Medical Services (EMS) Systems
8-Act is amended by changing Sections 3.30, 3.90, 3.95, 3.100,
9-3.105, 3.110, 3.115, 3.140, 3.200, and 3.205 and by adding
10-Sections 3.101, 3.102, and 3.106 as follows:
11-(210 ILCS 50/3.30)
12-Sec. 3.30. EMS Region Plan; Content.
13-(a) The EMS Medical Directors Committee shall address at
14-least the following:
15-(1) Protocols for inter-System/inter-Region patient
16-transports, including identifying the conditions of
17-emergency patients which may not be transported to the
18-different levels of emergency department, based on their
19-Department classifications and relevant Regional
20-considerations (e.g. transport times and distances);
21-(2) Regional standing medical orders;
22-(3) Patient transfer patterns, including criteria for
23-determining whether a patient needs the specialized
24-services of a trauma center, along with protocols for the
25-bypassing of or diversion to any hospital, trauma center
26-or regional trauma center which are consistent with
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Emergency Medical Services (EMS) Systems
7+5 Act is amended by changing Sections 3.30, 3.90, 3.95, 3.100,
8+6 3.105, 3.110, 3.115, 3.140, 3.200, and 3.205 and by adding
9+7 Sections 3.101, 3.102, and 3.106 as follows:
10+8 (210 ILCS 50/3.30)
11+9 Sec. 3.30. EMS Region Plan; Content.
12+10 (a) The EMS Medical Directors Committee shall address at
13+11 least the following:
14+12 (1) Protocols for inter-System/inter-Region patient
15+13 transports, including identifying the conditions of
16+14 emergency patients which may not be transported to the
17+15 different levels of emergency department, based on their
18+16 Department classifications and relevant Regional
19+17 considerations (e.g. transport times and distances);
20+18 (2) Regional standing medical orders;
21+19 (3) Patient transfer patterns, including criteria for
22+20 determining whether a patient needs the specialized
23+21 services of a trauma center, along with protocols for the
24+22 bypassing of or diversion to any hospital, trauma center
25+23 or regional trauma center which are consistent with
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33-individual System bypass or diversion protocols and
34-protocols for patient choice or refusal;
35-(4) Protocols for resolving Regional or Inter-System
36-conflict;
37-(5) An EMS disaster preparedness plan which includes
38-the actions and responsibilities of all EMS participants
39-within the Region. Within 90 days of the effective date of
40-this amendatory Act of 1996, an EMS System shall submit to
41-the Department for review an internal disaster plan. At a
42-minimum, the plan shall include contingency plans for the
43-transfer of patients to other facilities if an evacuation
44-of the hospital becomes necessary due to a catastrophe,
45-including but not limited to, a power failure;
46-(6) Regional standardization of continuing education
47-requirements;
48-(7) Regional standardization of Do Not Resuscitate
49-(DNR) policies, and protocols for power of attorney for
50-health care;
51-(8) Protocols for disbursement of Department grants;
52-(9) Protocols for the triage, treatment, and transport
53-of possible acute stroke patients; and
54-(10) Regional standing medical orders for the
55-administration of opioid antagonists.
56-(b) The Trauma Center Medical Directors or Trauma Center
57-Medical Directors Committee shall address at least the
58-following:
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33+ SB3548 Enrolled - 2 - LRB103 38295 CES 68430 b
34+1 individual System bypass or diversion protocols and
35+2 protocols for patient choice or refusal;
36+3 (4) Protocols for resolving Regional or Inter-System
37+4 conflict;
38+5 (5) An EMS disaster preparedness plan which includes
39+6 the actions and responsibilities of all EMS participants
40+7 within the Region. Within 90 days of the effective date of
41+8 this amendatory Act of 1996, an EMS System shall submit to
42+9 the Department for review an internal disaster plan. At a
43+10 minimum, the plan shall include contingency plans for the
44+11 transfer of patients to other facilities if an evacuation
45+12 of the hospital becomes necessary due to a catastrophe,
46+13 including but not limited to, a power failure;
47+14 (6) Regional standardization of continuing education
48+15 requirements;
49+16 (7) Regional standardization of Do Not Resuscitate
50+17 (DNR) policies, and protocols for power of attorney for
51+18 health care;
52+19 (8) Protocols for disbursement of Department grants;
53+20 (9) Protocols for the triage, treatment, and transport
54+21 of possible acute stroke patients; and
55+22 (10) Regional standing medical orders for the
56+23 administration of opioid antagonists.
57+24 (b) The Trauma Center Medical Directors or Trauma Center
58+25 Medical Directors Committee shall address at least the
59+26 following:
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61-(1) The identification of Regional Trauma Centers;
62-(2) Protocols for inter-System and inter-Region trauma
63-patient transports, including identifying the conditions
64-of emergency patients which may not be transported to the
65-different levels of emergency department, based on their
66-Department classifications and relevant Regional
67-considerations (e.g. transport times and distances);
68-(3) Regional trauma standing medical orders;
69-(4) Trauma patient transfer patterns, including
70-criteria for determining whether a patient needs the
71-specialized services of a trauma center, along with
72-protocols for the bypassing of or diversion to any
73-hospital, trauma center or regional trauma center which
74-are consistent with individual System bypass or diversion
75-protocols and protocols for patient choice or refusal;
76-(5) The identification of which types of patients can
77-be cared for by Level I Trauma Centers, and Level II Trauma
78-Centers, and Level III Trauma Centers;
79-(6) Criteria for inter-hospital transfer of trauma
80-patients;
81-(7) The treatment of trauma patients in each trauma
82-center within the Region;
83-(8) A program for conducting a quarterly conference
84-which shall include at a minimum a discussion of morbidity
85-and mortality between all professional staff involved in
86-the care of trauma patients;
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89-(9) The establishment of a Regional trauma quality
90-assurance and improvement subcommittee, consisting of
91-trauma surgeons, which shall perform periodic medical
92-audits of each trauma center's trauma services, and
93-forward tabulated data from such reviews to the
94-Department; and
95-(10) The establishment, within 90 days of the
96-effective date of this amendatory Act of 1996, of an
97-internal disaster plan, which shall include, at a minimum,
98-contingency plans for the transfer of patients to other
99-facilities if an evacuation of the hospital becomes
100-necessary due to a catastrophe, including but not limited
101-to, a power failure.
102-(c) The Region's EMS Medical Directors and Trauma Center
103-Medical Directors Committees shall appoint any subcommittees
104-which they deem necessary to address specific issues
105-concerning Region activities.
106-(Source: P.A. 99-480, eff. 9-9-15.)
107-(210 ILCS 50/3.90)
108-Sec. 3.90. Trauma Center Designations.
109-(a) "Trauma Center" means a hospital which: (1) within
110-designated capabilities provides optimal care to trauma
111-patients; (2) participates in an approved EMS System; and (3)
112-is duly designated pursuant to the provisions of this Act.
113-Level I Trauma Centers shall provide all essential services
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116-in-house, 24 hours per day, in accordance with rules adopted
117-by the Department pursuant to this Act. Level II and Level III
118-Trauma Centers shall have some essential services available
119-in-house, 24 hours per day, and other essential services
120-readily available, 24 hours per day, in accordance with rules
121-adopted by the Department pursuant to this Act.
122-(a-5) An Acute Injury Stabilization Center shall have a
123-basic or comprehensive emergency department capable of initial
124-management and transfer of the acutely injured in accordance
125-with rules adopted by the Department pursuant to this Act.
126-(b) The Department shall have the authority and
127-responsibility to:
128-(1) Establish and enforce minimum standards for
129-designation and re-designation of 3 levels of trauma
130-centers that meet trauma center national standards, as
131-modified by the Department in administrative rules as a
132-Level I or Level II Trauma Center, consistent with
133-Sections 22 and 23 of this Act, through rules adopted
134-pursuant to this Act;
135-(2) Require hospitals applying for trauma center
136-designation to submit a plan for designation in a manner
137-and form prescribed by the Department through rules
138-adopted pursuant to this Act;
139-(3) Upon receipt of a completed plan for designation,
140-conduct a site visit to inspect the hospital for
141-compliance with the Department's minimum standards. Such
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70+1 (1) The identification of Regional Trauma Centers;
71+2 (2) Protocols for inter-System and inter-Region trauma
72+3 patient transports, including identifying the conditions
73+4 of emergency patients which may not be transported to the
74+5 different levels of emergency department, based on their
75+6 Department classifications and relevant Regional
76+7 considerations (e.g. transport times and distances);
77+8 (3) Regional trauma standing medical orders;
78+9 (4) Trauma patient transfer patterns, including
79+10 criteria for determining whether a patient needs the
80+11 specialized services of a trauma center, along with
81+12 protocols for the bypassing of or diversion to any
82+13 hospital, trauma center or regional trauma center which
83+14 are consistent with individual System bypass or diversion
84+15 protocols and protocols for patient choice or refusal;
85+16 (5) The identification of which types of patients can
86+17 be cared for by Level I Trauma Centers, and Level II Trauma
87+18 Centers, and Level III Trauma Centers;
88+19 (6) Criteria for inter-hospital transfer of trauma
89+20 patients;
90+21 (7) The treatment of trauma patients in each trauma
91+22 center within the Region;
92+23 (8) A program for conducting a quarterly conference
93+24 which shall include at a minimum a discussion of morbidity
94+25 and mortality between all professional staff involved in
95+26 the care of trauma patients;
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144-visit shall be conducted by specially qualified personnel
145-with experience in the delivery of emergency medical
146-and/or trauma care. A report of the inspection shall be
147-provided to the Director within 30 days of the completion
148-of the site visit. The report shall note compliance or
149-lack of compliance with the individual standards for
150-designation, but shall not offer a recommendation on
151-granting or denying designation;
152-(4) Designate applicant hospitals as Level I, or Level
153-II, or Level III Trauma Centers which meet the minimum
154-standards established by this Act and the Department. The
155-Beginning September 1, 1997 the Department shall designate
156-a new trauma center only when a local or regional need for
157-such trauma center has been identified. The Department
158-shall request an assessment of local or regional need from
159-the applicable EMS Region's Trauma Center Medical
160-Directors Committee, with advice from the Regional Trauma
161-Advisory Committee. This shall not be construed as a needs
162-assessment for health planning or other purposes outside
163-of this Act;
164-(5) Attempt to designate trauma centers in all areas
165-of the State. There shall be at least one Level I Trauma
166-Center serving each EMS Region, unless waived by the
167-Department. This subsection shall not be construed to
168-require a Level I Trauma Center to be located in each EMS
169-Region. Level I Trauma Centers shall serve as resources
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172-for the Level II and Level III Trauma Centers and Acute
173-Injury Stabilization Centers in the EMS Regions. The
174-extent of such relationships shall be defined in the EMS
175-Region Plan;
176-(6) Inspect designated trauma centers to assure
177-compliance with the provisions of this Act and the rules
178-adopted pursuant to this Act. Information received by the
179-Department through filed reports, inspection, or as
180-otherwise authorized under this Act shall not be disclosed
181-publicly in such a manner as to identify individuals or
182-hospitals, except in proceedings involving the denial,
183-suspension or revocation of a trauma center designation or
184-imposition of a fine on a trauma center;
185-(7) Renew trauma center designations every 2 years,
186-after an on-site inspection, based on compliance with
187-renewal requirements and standards for continuing
188-operation, as prescribed by the Department through rules
189-adopted pursuant to this Act;
190-(8) Refuse to issue or renew a trauma center
191-designation, after providing an opportunity for a hearing,
192-when findings show that it does not meet the standards and
193-criteria prescribed by the Department;
194-(9) Review and determine whether a trauma center's
195-annual morbidity and mortality rates for trauma patients
196-significantly exceed the State average for such rates,
197-using a uniform recording methodology based on nationally
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200-recognized standards. Such determination shall be
201-considered as a factor in any decision by the Department
202-to renew or refuse to renew a trauma center designation
203-under this Act, but shall not constitute the sole basis
204-for refusing to renew a trauma center designation;
205-(10) Take the following action, as appropriate, after
206-determining that a trauma center is in violation of this
207-Act or any rule adopted pursuant to this Act:
208-(A) If the Director determines that the violation
209-presents a substantial probability that death or
210-serious physical harm will result and if the trauma
211-center fails to eliminate the violation immediately or
212-within a fixed period of time, not exceeding 10 days,
213-as determined by the Director, the Director may
214-immediately revoke the trauma center designation. The
215-trauma center may appeal the revocation within 15 days
216-after receiving the Director's revocation order, by
217-requesting a hearing as provided by Section 29 of this
218-Act. The Director shall notify the chair of the
219-Region's Trauma Center Medical Directors Committee and
220-EMS Medical Directors for appropriate EMS Systems of
221-such trauma center designation revocation;
222-(B) If the Director determines that the violation
223-does not present a substantial probability that death
224-or serious physical harm will result, the Director
225-shall issue a notice of violation and request a plan of
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106+1 (9) The establishment of a Regional trauma quality
107+2 assurance and improvement subcommittee, consisting of
108+3 trauma surgeons, which shall perform periodic medical
109+4 audits of each trauma center's trauma services, and
110+5 forward tabulated data from such reviews to the
111+6 Department; and
112+7 (10) The establishment, within 90 days of the
113+8 effective date of this amendatory Act of 1996, of an
114+9 internal disaster plan, which shall include, at a minimum,
115+10 contingency plans for the transfer of patients to other
116+11 facilities if an evacuation of the hospital becomes
117+12 necessary due to a catastrophe, including but not limited
118+13 to, a power failure.
119+14 (c) The Region's EMS Medical Directors and Trauma Center
120+15 Medical Directors Committees shall appoint any subcommittees
121+16 which they deem necessary to address specific issues
122+17 concerning Region activities.
123+18 (Source: P.A. 99-480, eff. 9-9-15.)
124+19 (210 ILCS 50/3.90)
125+20 Sec. 3.90. Trauma Center Designations.
126+21 (a) "Trauma Center" means a hospital which: (1) within
127+22 designated capabilities provides optimal care to trauma
128+23 patients; (2) participates in an approved EMS System; and (3)
129+24 is duly designated pursuant to the provisions of this Act.
130+25 Level I Trauma Centers shall provide all essential services
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228-correction which shall be subject to the Department's
229-approval. The trauma center shall have 10 days after
230-receipt of the notice of violation in which to submit a
231-plan of correction. The Department may extend this
232-period for up to 30 days. The plan shall include a
233-fixed time period not in excess of 90 days within which
234-violations are to be corrected. The plan of correction
235-and the status of its implementation by the trauma
236-center shall be provided, as appropriate, to the EMS
237-Medical Directors for appropriate EMS Systems. If the
238-Department rejects a plan of correction, it shall send
239-notice of the rejection and the reason for the
240-rejection to the trauma center. The trauma center
241-shall have 10 days after receipt of the notice of
242-rejection in which to submit a modified plan. If the
243-modified plan is not timely submitted, or if the
244-modified plan is rejected, the trauma center shall
245-follow an approved plan of correction imposed by the
246-Department. If, after notice and opportunity for
247-hearing, the Director determines that a trauma center
248-has failed to comply with an approved plan of
249-correction, the Director may suspend or revoke the
250-trauma center designation. The trauma center shall
251-have 15 days after receiving the Director's notice in
252-which to request a hearing. Such hearing shall conform
253-to the provisions of Section 3.135 30 of this Act;
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256-(11) The Department may delegate authority to local
257-health departments in jurisdictions which include a
258-substantial number of trauma centers. The delegated
259-authority to those local health departments shall include,
260-but is not limited to, the authority to designate trauma
261-centers with final approval by the Department, maintain a
262-regional data base with concomitant reporting of trauma
263-registry data, and monitor, inspect and investigate trauma
264-centers within their jurisdiction, in accordance with the
265-requirements of this Act and the rules promulgated by the
266-Department;
267-(A) The Department shall monitor the performance
268-of local health departments with authority delegated
269-pursuant to this Section, based upon performance
270-criteria established in rules promulgated by the
271-Department;
272-(B) Delegated authority may be revoked for
273-substantial non-compliance with the Act or the
274-Department's rules. Notice of an intent to revoke
275-shall be served upon the local health department by
276-certified mail, stating the reasons for revocation and
277-offering an opportunity for an administrative hearing
278-to contest the proposed revocation. The request for a
279-hearing must be in writing and received by the
280-Department within 10 working days of the local health
281-department's receipt of notification;
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284-(C) The director of a local health department may
285-relinquish its delegated authority upon 60 days
286-written notification to the Director of Public Health.
287-(Source: P.A. 89-177, eff. 7-19-95.)
288-(210 ILCS 50/3.95)
289-Sec. 3.95. Level I Trauma Center Minimum Standards. The
290-Department shall establish, through rules adopted pursuant to
291-this Act, standards for Level I Trauma Centers which shall
292-include, but need not be limited to:
293-(a) The designation by the trauma center of a Trauma
294-Center Medical Director and specification of his
295-qualifications;
296-(b) The types of surgical services the trauma center must
297-have available for trauma patients, including but not limited
298-to a twenty-four hour in-house surgeon with operating
299-privileges and ancillary staff necessary for immediate
300-surgical intervention;
301-(c) The types of nonsurgical services the trauma center
302-must have available for trauma patients;
303-(d) The numbers and qualifications of emergency medical
304-personnel;
305-(e) The types of equipment that must be available to
306-trauma patients;
307-(f) Requiring the trauma center to be affiliated with an
308-EMS System;
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141+1 in-house, 24 hours per day, in accordance with rules adopted
142+2 by the Department pursuant to this Act. Level II and Level III
143+3 Trauma Centers shall have some essential services available
144+4 in-house, 24 hours per day, and other essential services
145+5 readily available, 24 hours per day, in accordance with rules
146+6 adopted by the Department pursuant to this Act.
147+7 (a-5) An Acute Injury Stabilization Center shall have a
148+8 basic or comprehensive emergency department capable of initial
149+9 management and transfer of the acutely injured in accordance
150+10 with rules adopted by the Department pursuant to this Act.
151+11 (b) The Department shall have the authority and
152+12 responsibility to:
153+13 (1) Establish and enforce minimum standards for
154+14 designation and re-designation of 3 levels of trauma
155+15 centers that meet trauma center national standards, as
156+16 modified by the Department in administrative rules as a
157+17 Level I or Level II Trauma Center, consistent with
158+18 Sections 22 and 23 of this Act, through rules adopted
159+19 pursuant to this Act;
160+20 (2) Require hospitals applying for trauma center
161+21 designation to submit a plan for designation in a manner
162+22 and form prescribed by the Department through rules
163+23 adopted pursuant to this Act;
164+24 (3) Upon receipt of a completed plan for designation,
165+25 conduct a site visit to inspect the hospital for
166+26 compliance with the Department's minimum standards. Such
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311-(g) Requiring the trauma center to have a communications
312-system that is fully integrated with all Level II Trauma
313-Centers, Level III Trauma Centers, Acute Injury Stabilization
314-Centers, and EMS Systems with which it is affiliated;
315-(h) The types of data the trauma center must collect and
316-submit to the Department relating to the trauma services it
317-provides. Such data may include information on post-trauma
318-care directly related to the initial traumatic injury provided
319-to trauma patients until their discharge from the facility and
320-information on discharge plans;
321-(i) Requiring the trauma center to have helicopter landing
322-capabilities approved by appropriate State and federal
323-authorities, if the trauma center is located within a
324-municipality having a population of less than two million
325-people; and
326-(j) Requiring written agreements with Level II Trauma
327-Centers, Level III Trauma Centers, and Acute Injury
328-Stabilization Centers in the EMS Regions it serves, executed
329-within a reasonable time designated by the Department.
330-(Source: P.A. 89-177, eff. 7-19-95.)
331-(210 ILCS 50/3.100)
332-Sec. 3.100. Level II Trauma Center Minimum Standards. The
333-Department shall establish, through rules adopted pursuant to
334-this Act, standards for Level II Trauma Centers which shall
335-include, but need not be limited to:
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338-(a) The designation by the trauma center of a Trauma
339-Center Medical Director and specification of his
340-qualifications;
341-(b) The types of surgical services the trauma center must
342-have available for trauma patients. The Department shall not
343-require the availability of all surgical services required of
344-Level I Trauma Centers;
345-(c) The types of nonsurgical services the trauma center
346-must have available for trauma patients;
347-(d) The numbers and qualifications of emergency medical
348-personnel, taking into consideration the more limited trauma
349-services available in a Level II Trauma Center;
350-(e) The types of equipment that must be available for
351-trauma patients;
352-(f) Requiring the trauma center to have a written
353-agreement with a Level I Trauma Centers, Level III Trauma
354-Centers, and Acute Injury Stabilization Centers Center serving
355-the EMS Region outlining their respective responsibilities in
356-providing trauma services, executed within a reasonable time
357-designated by the Department, unless the requirement for a
358-Level I Trauma Center to serve that EMS Region has been waived
359-by the Department;
360-(g) Requiring the trauma center to be affiliated with an
361-EMS System;
362-(h) Requiring the trauma center to have a communications
363-system that is fully integrated with the Level I Trauma
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366-Centers, Level III Trauma Centers, Acute Injury Stabilization
367-Centers, and the EMS Systems with which it is affiliated;
368-(i) The types of data the trauma center must collect and
369-submit to the Department relating to the trauma services it
370-provides. Such data may include information on post-trauma
371-care directly related to the initial traumatic injury provided
372-to trauma patients until their discharge from the facility and
373-information on discharge plans;
374-(j) Requiring the trauma center to have helicopter landing
375-capabilities approved by appropriate State and federal
376-authorities, if the trauma center is located within a
377-municipality having a population of less than two million
378-people.
379-(Source: P.A. 89-177, eff. 7-19-95.)
380-(210 ILCS 50/3.101 new)
381-Sec. 3.101. Level III Trauma Center Minimum Standards. The
382-Department shall establish, through rules adopted under this
383-Act, standards for Level III Trauma Centers that shall
384-include, but need not be limited to:
385-(1) The designation by the trauma center of a Trauma
386-Center Medical Director and specification of his or her
387-qualifications;
388-(2) The types of surgical services the trauma center
389-must have available for trauma patients; the Department
390-shall not require the availability of all surgical
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177+1 visit shall be conducted by specially qualified personnel
178+2 with experience in the delivery of emergency medical
179+3 and/or trauma care. A report of the inspection shall be
180+4 provided to the Director within 30 days of the completion
181+5 of the site visit. The report shall note compliance or
182+6 lack of compliance with the individual standards for
183+7 designation, but shall not offer a recommendation on
184+8 granting or denying designation;
185+9 (4) Designate applicant hospitals as Level I, or Level
186+10 II, or Level III Trauma Centers which meet the minimum
187+11 standards established by this Act and the Department. The
188+12 Beginning September 1, 1997 the Department shall designate
189+13 a new trauma center only when a local or regional need for
190+14 such trauma center has been identified. The Department
191+15 shall request an assessment of local or regional need from
192+16 the applicable EMS Region's Trauma Center Medical
193+17 Directors Committee, with advice from the Regional Trauma
194+18 Advisory Committee. This shall not be construed as a needs
195+19 assessment for health planning or other purposes outside
196+20 of this Act;
197+21 (5) Attempt to designate trauma centers in all areas
198+22 of the State. There shall be at least one Level I Trauma
199+23 Center serving each EMS Region, unless waived by the
200+24 Department. This subsection shall not be construed to
201+25 require a Level I Trauma Center to be located in each EMS
202+26 Region. Level I Trauma Centers shall serve as resources
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393-services required of Level I or Level II Trauma Centers;
394-(3) The types of nonsurgical services the trauma
395-center must have available for trauma patients;
396-(4) The numbers and qualifications of emergency
397-medical personnel, taking into consideration the more
398-limited trauma services available in a Level III Trauma
399-Center;
400-(5) The types of equipment that must be available for
401-trauma patients;
402-(6) Requiring the trauma center to have a written
403-agreement with Level I Trauma Centers, Level II Trauma
404-Centers, and Acute Injury Stabilization Centers serving
405-the EMS Region outlining their respective responsibilities
406-in providing trauma services, executed within a reasonable
407-time designated by the Department, unless the requirement
408-for a Level I Trauma Center to serve that EMS Region has
409-been waived by the Department;
410-(7) Requiring the trauma center to be affiliated with
411-an EMS System;
412-(8) Requiring the trauma center to have a
413-communications system that is fully integrated with the
414-Level I Trauma Centers, Level II Trauma Centers, Acute
415-Injury Stabilization Centers, and the EMS Systems with
416-which it is affiliated;
417-(9) The types of data the trauma center must collect
418-and submit to the Department relating to the trauma
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421-services it provides; such data may include information on
422-post-trauma care directly related to the initial traumatic
423-injury provided to trauma patients until their discharge
424-from the facility and information on discharge plans; and
425-(10) Requiring the trauma center to have helicopter
426-landing capabilities approved by appropriate State and
427-federal authorities if the trauma center is located within
428-a municipality having a population of less than 2,000,000
429-people.
430-(210 ILCS 50/3.102 new)
431-Sec. 3.102. Acute Injury Stabilization Center minimum
432-standards. The Department shall establish, through rules
433-adopted pursuant to this Act, standards for Acute Injury
434-Stabilization Centers, which shall include, but need not be
435-limited to, Comprehensive or Basic Emergency Department
436-services pursuant to the Hospital Licensing Act.
437-(210 ILCS 50/3.105)
438-Sec. 3.105. Trauma Center Misrepresentation. No After the
439-effective date of this amendatory Act of 1995, no facility
440-shall use the phrase "trauma center" or words of similar
441-meaning in relation to itself or hold itself out as a trauma
442-center without first obtaining designation pursuant to this
443-Act.
444-(Source: P.A. 89-177, eff. 7-19-95.)
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446210
447-(210 ILCS 50/3.106 new)
448-Sec. 3.106. Acute Injury Stabilization Center
449-Misrepresentation. No facility shall use the phrase "Acute
450-Injury Stabilization Center" or words of similar meaning in
451-relation to itself or hold itself out as an Acute Injury
452-Stabilization Center without first obtaining designation
453-pursuant to this Act.
454-(210 ILCS 50/3.110)
455-Sec. 3.110. EMS system and trauma center confidentiality
456-and immunity.
457-(a) All information contained in or relating to any
458-medical audit performed of a trauma center's trauma services
459-or an Acute Injury Stabilization Center pursuant to this Act
460-or by an EMS Medical Director or his designee of medical care
461-rendered by System personnel, shall be afforded the same
462-status as is provided information concerning medical studies
463-in Article VIII, Part 21 of the Code of Civil Procedure.
464-Disclosure of such information to the Department pursuant to
465-this Act shall not be considered a violation of Article VIII,
466-Part 21 of the Code of Civil Procedure.
467-(b) Hospitals, trauma centers and individuals that perform
468-or participate in medical audits pursuant to this Act shall be
469-immune from civil liability to the same extent as provided in
470-Section 10.2 of the Hospital Licensing Act.
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213+1 for the Level II and Level III Trauma Centers and Acute
214+2 Injury Stabilization Centers in the EMS Regions. The
215+3 extent of such relationships shall be defined in the EMS
216+4 Region Plan;
217+5 (6) Inspect designated trauma centers to assure
218+6 compliance with the provisions of this Act and the rules
219+7 adopted pursuant to this Act. Information received by the
220+8 Department through filed reports, inspection, or as
221+9 otherwise authorized under this Act shall not be disclosed
222+10 publicly in such a manner as to identify individuals or
223+11 hospitals, except in proceedings involving the denial,
224+12 suspension or revocation of a trauma center designation or
225+13 imposition of a fine on a trauma center;
226+14 (7) Renew trauma center designations every 2 years,
227+15 after an on-site inspection, based on compliance with
228+16 renewal requirements and standards for continuing
229+17 operation, as prescribed by the Department through rules
230+18 adopted pursuant to this Act;
231+19 (8) Refuse to issue or renew a trauma center
232+20 designation, after providing an opportunity for a hearing,
233+21 when findings show that it does not meet the standards and
234+22 criteria prescribed by the Department;
235+23 (9) Review and determine whether a trauma center's
236+24 annual morbidity and mortality rates for trauma patients
237+25 significantly exceed the State average for such rates,
238+26 using a uniform recording methodology based on nationally
471239
472240
473-(c) All information relating to the State Emergency
474-Medical Services Disciplinary Review Board or a local review
475-board, except final decisions, shall be afforded the same
476-status as is provided information concerning medical studies
477-in Article VIII, Part 21 of the Code of Civil Procedure.
478-Disclosure of such information to the Department pursuant to
479-this Act shall not be considered a violation of Article VIII,
480-Part 21 of the Code of Civil Procedure.
481-(Source: P.A. 92-651, eff. 7-11-02.)
482-(210 ILCS 50/3.115)
483-Sec. 3.115. Pediatric care; emergency medical services for
484-children. Pediatric Trauma. The Director shall appoint an
485-advisory council to make recommendations for pediatric care
486-needs and develop strategies to address areas of need as
487-defined in rules adopted by the Department.
488-The Department shall:
489-(1) develop or promote recommendations for continuing
490-medical education, treatment guidelines, and other
491-programs for health practitioners and organizations
492-involved in pediatric care;
493-(2) support existing pediatric care programs and
494-assist in establishing new pediatric care initiatives
495-throughout the State;
496-(3) designate applicant hospitals that meet the
497-minimum standards established by the Department for their
498241
499242
500-pediatric emergency and critical care capabilities.
501-Upon the availability of federal funds for pediatric care
502-demonstration projects, the Department shall:
503-(a) Convene a work group which will be charged with
504-conducting a needs assessment of pediatric trauma care and
505-with developing strategies to correct areas of need;
506-(b) Contract with the University of Illinois School of
507-Public Health to develop a secondary prevention program for
508-parents;
509-(c) Contract with an Illinois medical school to develop
510-training and continuing medical education programs for
511-physicians and nurses in treatment of pediatric trauma;
512-(d) Contract with an Illinois medical school to develop
513-and test triage and field scoring for pediatric trauma if the
514-needs assessment by the work group indicates that current
515-scoring is inadequate;
516-(e) Support existing pediatric trauma programs and assist
517-in establishing new pediatric trauma programs throughout the
518-State;
519-(f) Provide grants to EMS systems for special pediatric
520-equipment for prehospital care based on needs identified by
521-the work group; and
522-(g) Provide grants to EMS systems and trauma centers for
523-specialized training in pediatric trauma based on needs
524-identified by the work group.
525-(Source: P.A. 89-177, eff. 7-19-95.)
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528-(210 ILCS 50/3.140)
529-Sec. 3.140. Violations; Fines.
530-(a) The Department shall have the authority to impose
531-fines on any licensed vehicle service provider, stretcher van
532-provider, designated trauma center, Acute Injury Stabilization
533-Center, resource hospital, associate hospital, or
534-participating hospital.
535-(b) The Department shall adopt rules pursuant to this Act
536-which establish a system of fines related to the type and level
537-of violation or repeat violation, including, but not limited
538-to:
539-(1) A fine not exceeding $10,000 for each a violation
540-which created a condition or occurrence presenting a
541-substantial probability that death or serious harm to an
542-individual will or did result therefrom; and
543-(2) A fine not exceeding $5,000 for each a violation
544-which creates or created a condition or occurrence which
545-threatens the health, safety or welfare of an individual.
546-(c) A Notice of Intent to Impose Fine may be issued in
547-conjunction with or in lieu of a Notice of Intent to Suspend,
548-Revoke, Nonrenew or Deny, and shall conform to the
549-requirements specified in Section 3.130(d) of this Act. All
550-Hearings conducted pursuant to a Notice of Intent to Impose
551-Fine shall conform to the requirements specified in Section
552-3.135 of this Act.
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248+ SB3548 Enrolled - 8 - LRB103 38295 CES 68430 b
249+1 recognized standards. Such determination shall be
250+2 considered as a factor in any decision by the Department
251+3 to renew or refuse to renew a trauma center designation
252+4 under this Act, but shall not constitute the sole basis
253+5 for refusing to renew a trauma center designation;
254+6 (10) Take the following action, as appropriate, after
255+7 determining that a trauma center is in violation of this
256+8 Act or any rule adopted pursuant to this Act:
257+9 (A) If the Director determines that the violation
258+10 presents a substantial probability that death or
259+11 serious physical harm will result and if the trauma
260+12 center fails to eliminate the violation immediately or
261+13 within a fixed period of time, not exceeding 10 days,
262+14 as determined by the Director, the Director may
263+15 immediately revoke the trauma center designation. The
264+16 trauma center may appeal the revocation within 15 days
265+17 after receiving the Director's revocation order, by
266+18 requesting a hearing as provided by Section 29 of this
267+19 Act. The Director shall notify the chair of the
268+20 Region's Trauma Center Medical Directors Committee and
269+21 EMS Medical Directors for appropriate EMS Systems of
270+22 such trauma center designation revocation;
271+23 (B) If the Director determines that the violation
272+24 does not present a substantial probability that death
273+25 or serious physical harm will result, the Director
274+26 shall issue a notice of violation and request a plan of
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554276
555-(d) All fines collected pursuant to this Section shall be
556-deposited into the EMS Assistance Fund.
557-(Source: P.A. 98-973, eff. 8-15-14.)
558-(210 ILCS 50/3.200)
559-Sec. 3.200. State Emergency Medical Services Advisory
560-Council.
561-(a) There shall be established within the Department of
562-Public Health a State Emergency Medical Services Advisory
563-Council, which shall serve as an advisory body to the
564-Department on matters related to this Act.
565-(b) Membership of the Council shall include one
566-representative from each EMS Region, to be appointed by each
567-region's EMS Regional Advisory Committee. The Governor shall
568-appoint additional members to the Council as necessary to
569-insure that the Council includes one representative from each
570-of the following categories:
571-(1) EMS Medical Director,
572-(2) Trauma Center Medical Director,
573-(3) Licensed, practicing physician with regular and
574-frequent involvement in the provision of emergency care,
575-(4) Licensed, practicing physician with special
576-expertise in the surgical care of the trauma patient,
577-(5) EMS System Coordinator,
578-(6) TNS,
579-(7) Paramedic,
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581278
582-(7.5) A-EMT,
583-(8) EMT-I,
584-(9) EMT,
585-(10) Private vehicle service provider,
586-(11) Law enforcement officer,
587-(12) Chief of a public vehicle service provider,
588-(13) Statewide firefighters' union member affiliated
589-with a vehicle service provider,
590-(14) Administrative representative from a fire
591-department vehicle service provider in a municipality with
592-a population of over 2 million people, ;
593-(15) Administrative representative from a Resource
594-Hospital or EMS System Administrative Director, and .
595-(16) Representative from a pediatric critical care
596-center.
597-(c) Members shall be appointed for a term of 3 years. All
598-appointees shall serve until their successors are appointed
599-and qualified.
600-(d) The Council shall be provided a 90-day period in which
601-to review and comment, in consultation with the subcommittee
602-to which the rules are relevant, upon all rules proposed by the
603-Department pursuant to this Act, except for rules adopted
604-pursuant to Section 3.190(a) of this Act, rules submitted to
605-the State Trauma Advisory Council and emergency rules adopted
606-pursuant to Section 5-45 of the Illinois Administrative
607-Procedure Act. The 90-day review and comment period may
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608281
609282
610-commence upon the Department's submission of the proposed
611-rules to the individual Council members, if the Council is not
612-meeting at the time the proposed rules are ready for Council
613-review. Any non-emergency rules adopted prior to the Council's
614-90-day review and comment period shall be null and void. If the
615-Council fails to advise the Department within its 90-day
616-review and comment period, the rule shall be considered acted
617-upon.
618-(e) Council members shall be reimbursed for reasonable
619-travel expenses incurred during the performance of their
620-duties under this Section.
621-(f) The Department shall provide administrative support to
622-the Council for the preparation of the agenda and minutes for
623-Council meetings and distribution of proposed rules to Council
624-members.
625-(g) The Council shall act pursuant to bylaws which it
626-adopts, which shall include the annual election of a Chair and
627-Vice-Chair.
628-(h) The Director or his designee shall be present at all
629-Council meetings.
630-(i) Nothing in this Section shall preclude the Council
631-from reviewing and commenting on proposed rules which fall
632-under the purview of the State Trauma Advisory Council.
633-(Source: P.A. 98-973, eff. 8-15-14.)
634-(210 ILCS 50/3.205)
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285+1 correction which shall be subject to the Department's
286+2 approval. The trauma center shall have 10 days after
287+3 receipt of the notice of violation in which to submit a
288+4 plan of correction. The Department may extend this
289+5 period for up to 30 days. The plan shall include a
290+6 fixed time period not in excess of 90 days within which
291+7 violations are to be corrected. The plan of correction
292+8 and the status of its implementation by the trauma
293+9 center shall be provided, as appropriate, to the EMS
294+10 Medical Directors for appropriate EMS Systems. If the
295+11 Department rejects a plan of correction, it shall send
296+12 notice of the rejection and the reason for the
297+13 rejection to the trauma center. The trauma center
298+14 shall have 10 days after receipt of the notice of
299+15 rejection in which to submit a modified plan. If the
300+16 modified plan is not timely submitted, or if the
301+17 modified plan is rejected, the trauma center shall
302+18 follow an approved plan of correction imposed by the
303+19 Department. If, after notice and opportunity for
304+20 hearing, the Director determines that a trauma center
305+21 has failed to comply with an approved plan of
306+22 correction, the Director may suspend or revoke the
307+23 trauma center designation. The trauma center shall
308+24 have 15 days after receiving the Director's notice in
309+25 which to request a hearing. Such hearing shall conform
310+26 to the provisions of Section 3.135 30 of this Act;
635311
636312
637-Sec. 3.205. State Trauma Advisory Council.
638-(a) There shall be established within the Department of
639-Public Health a State Trauma Advisory Council, which shall
640-serve as an advisory body to the Department on matters related
641-to trauma care and trauma centers.
642-(b) Membership of the Council shall include one
643-representative from each Regional Trauma Advisory Committee,
644-to be appointed by each Committee. The Governor shall appoint
645-the following additional members:
646-(1) An EMS Medical Director,
647-(2) A trauma center medical director,
648-(3) A trauma surgeon,
649-(4) A trauma nurse coordinator,
650-(5) A representative from a private vehicle service
651-provider,
652-(6) A representative from a public vehicle service
653-provider,
654-(7) A member of the State EMS Advisory Council, ;and and
655-(8) A neurosurgeon.
656-(8) A burn care medical representative.
657-The Governor may also appoint, as an additional member
658-of the Council, a neurosurgeon.
659-(c) Members shall be appointed for a term of 3 years. All
660-appointees shall serve until their successors are appointed
661-and qualified.
662-(d) The Council shall be provided a 90-day period in which
663313
664314
665-to review and comment upon all rules proposed by the
666-Department pursuant to this Act concerning trauma care, except
667-for emergency rules adopted pursuant to Section 5-45 of the
668-Illinois Administrative Procedure Act. The 90-day review and
669-comment period may commence upon the Department's submission
670-of the proposed rules to the individual Council members, if
671-the Council is not meeting at the time the proposed rules are
672-ready for Council review. Any non-emergency rules adopted
673-prior to the Council's 90-day review and comment period shall
674-be null and void. If the Council fails to advise the Department
675-within its 90-day review and comment period, the rule shall be
676-considered acted upon;
677-(e) Council members shall be reimbursed for reasonable
678-travel expenses incurred during the performance of their
679-duties under this Section.
680-(f) The Department shall provide administrative support to
681-the Council for the preparation of the agenda and minutes for
682-Council meetings and distribution of proposed rules to Council
683-members.
684-(g) The Council shall act pursuant to bylaws which it
685-adopts, which shall include the annual election of a Chair and
686-Vice-Chair.
687-(h) The Director or his designee shall be present at all
688-Council meetings.
689-(i) Nothing in this Section shall preclude the Council
690-from reviewing and commenting on proposed rules which fall
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692318
693-under the purview of the State EMS Advisory Council.
694-(Source: P.A. 98-973, eff. 8-15-14.)
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320+ SB3548 Enrolled - 10 - LRB103 38295 CES 68430 b
321+1 (11) The Department may delegate authority to local
322+2 health departments in jurisdictions which include a
323+3 substantial number of trauma centers. The delegated
324+4 authority to those local health departments shall include,
325+5 but is not limited to, the authority to designate trauma
326+6 centers with final approval by the Department, maintain a
327+7 regional data base with concomitant reporting of trauma
328+8 registry data, and monitor, inspect and investigate trauma
329+9 centers within their jurisdiction, in accordance with the
330+10 requirements of this Act and the rules promulgated by the
331+11 Department;
332+12 (A) The Department shall monitor the performance
333+13 of local health departments with authority delegated
334+14 pursuant to this Section, based upon performance
335+15 criteria established in rules promulgated by the
336+16 Department;
337+17 (B) Delegated authority may be revoked for
338+18 substantial non-compliance with the Act or the
339+19 Department's rules. Notice of an intent to revoke
340+20 shall be served upon the local health department by
341+21 certified mail, stating the reasons for revocation and
342+22 offering an opportunity for an administrative hearing
343+23 to contest the proposed revocation. The request for a
344+24 hearing must be in writing and received by the
345+25 Department within 10 working days of the local health
346+26 department's receipt of notification;
347+
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357+1 (C) The director of a local health department may
358+2 relinquish its delegated authority upon 60 days
359+3 written notification to the Director of Public Health.
360+4 (Source: P.A. 89-177, eff. 7-19-95.)
361+5 (210 ILCS 50/3.95)
362+6 Sec. 3.95. Level I Trauma Center Minimum Standards. The
363+7 Department shall establish, through rules adopted pursuant to
364+8 this Act, standards for Level I Trauma Centers which shall
365+9 include, but need not be limited to:
366+10 (a) The designation by the trauma center of a Trauma
367+11 Center Medical Director and specification of his
368+12 qualifications;
369+13 (b) The types of surgical services the trauma center must
370+14 have available for trauma patients, including but not limited
371+15 to a twenty-four hour in-house surgeon with operating
372+16 privileges and ancillary staff necessary for immediate
373+17 surgical intervention;
374+18 (c) The types of nonsurgical services the trauma center
375+19 must have available for trauma patients;
376+20 (d) The numbers and qualifications of emergency medical
377+21 personnel;
378+22 (e) The types of equipment that must be available to
379+23 trauma patients;
380+24 (f) Requiring the trauma center to be affiliated with an
381+25 EMS System;
382+
383+
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392+1 (g) Requiring the trauma center to have a communications
393+2 system that is fully integrated with all Level II Trauma
394+3 Centers, Level III Trauma Centers, Acute Injury Stabilization
395+4 Centers, and EMS Systems with which it is affiliated;
396+5 (h) The types of data the trauma center must collect and
397+6 submit to the Department relating to the trauma services it
398+7 provides. Such data may include information on post-trauma
399+8 care directly related to the initial traumatic injury provided
400+9 to trauma patients until their discharge from the facility and
401+10 information on discharge plans;
402+11 (i) Requiring the trauma center to have helicopter landing
403+12 capabilities approved by appropriate State and federal
404+13 authorities, if the trauma center is located within a
405+14 municipality having a population of less than two million
406+15 people; and
407+16 (j) Requiring written agreements with Level II Trauma
408+17 Centers, Level III Trauma Centers, and Acute Injury
409+18 Stabilization Centers in the EMS Regions it serves, executed
410+19 within a reasonable time designated by the Department.
411+20 (Source: P.A. 89-177, eff. 7-19-95.)
412+21 (210 ILCS 50/3.100)
413+22 Sec. 3.100. Level II Trauma Center Minimum Standards. The
414+23 Department shall establish, through rules adopted pursuant to
415+24 this Act, standards for Level II Trauma Centers which shall
416+25 include, but need not be limited to:
417+
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427+1 (a) The designation by the trauma center of a Trauma
428+2 Center Medical Director and specification of his
429+3 qualifications;
430+4 (b) The types of surgical services the trauma center must
431+5 have available for trauma patients. The Department shall not
432+6 require the availability of all surgical services required of
433+7 Level I Trauma Centers;
434+8 (c) The types of nonsurgical services the trauma center
435+9 must have available for trauma patients;
436+10 (d) The numbers and qualifications of emergency medical
437+11 personnel, taking into consideration the more limited trauma
438+12 services available in a Level II Trauma Center;
439+13 (e) The types of equipment that must be available for
440+14 trauma patients;
441+15 (f) Requiring the trauma center to have a written
442+16 agreement with a Level I Trauma Centers, Level III Trauma
443+17 Centers, and Acute Injury Stabilization Centers Center serving
444+18 the EMS Region outlining their respective responsibilities in
445+19 providing trauma services, executed within a reasonable time
446+20 designated by the Department, unless the requirement for a
447+21 Level I Trauma Center to serve that EMS Region has been waived
448+22 by the Department;
449+23 (g) Requiring the trauma center to be affiliated with an
450+24 EMS System;
451+25 (h) Requiring the trauma center to have a communications
452+26 system that is fully integrated with the Level I Trauma
453+
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463+1 Centers, Level III Trauma Centers, Acute Injury Stabilization
464+2 Centers, and the EMS Systems with which it is affiliated;
465+3 (i) The types of data the trauma center must collect and
466+4 submit to the Department relating to the trauma services it
467+5 provides. Such data may include information on post-trauma
468+6 care directly related to the initial traumatic injury provided
469+7 to trauma patients until their discharge from the facility and
470+8 information on discharge plans;
471+9 (j) Requiring the trauma center to have helicopter landing
472+10 capabilities approved by appropriate State and federal
473+11 authorities, if the trauma center is located within a
474+12 municipality having a population of less than two million
475+13 people.
476+14 (Source: P.A. 89-177, eff. 7-19-95.)
477+15 (210 ILCS 50/3.101 new)
478+16 Sec. 3.101. Level III Trauma Center Minimum Standards. The
479+17 Department shall establish, through rules adopted under this
480+18 Act, standards for Level III Trauma Centers that shall
481+19 include, but need not be limited to:
482+20 (1) The designation by the trauma center of a Trauma
483+21 Center Medical Director and specification of his or her
484+22 qualifications;
485+23 (2) The types of surgical services the trauma center
486+24 must have available for trauma patients; the Department
487+25 shall not require the availability of all surgical
488+
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498+1 services required of Level I or Level II Trauma Centers;
499+2 (3) The types of nonsurgical services the trauma
500+3 center must have available for trauma patients;
501+4 (4) The numbers and qualifications of emergency
502+5 medical personnel, taking into consideration the more
503+6 limited trauma services available in a Level III Trauma
504+7 Center;
505+8 (5) The types of equipment that must be available for
506+9 trauma patients;
507+10 (6) Requiring the trauma center to have a written
508+11 agreement with Level I Trauma Centers, Level II Trauma
509+12 Centers, and Acute Injury Stabilization Centers serving
510+13 the EMS Region outlining their respective responsibilities
511+14 in providing trauma services, executed within a reasonable
512+15 time designated by the Department, unless the requirement
513+16 for a Level I Trauma Center to serve that EMS Region has
514+17 been waived by the Department;
515+18 (7) Requiring the trauma center to be affiliated with
516+19 an EMS System;
517+20 (8) Requiring the trauma center to have a
518+21 communications system that is fully integrated with the
519+22 Level I Trauma Centers, Level II Trauma Centers, Acute
520+23 Injury Stabilization Centers, and the EMS Systems with
521+24 which it is affiliated;
522+25 (9) The types of data the trauma center must collect
523+26 and submit to the Department relating to the trauma
524+
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534+1 services it provides; such data may include information on
535+2 post-trauma care directly related to the initial traumatic
536+3 injury provided to trauma patients until their discharge
537+4 from the facility and information on discharge plans; and
538+5 (10) Requiring the trauma center to have helicopter
539+6 landing capabilities approved by appropriate State and
540+7 federal authorities if the trauma center is located within
541+8 a municipality having a population of less than 2,000,000
542+9 people.
543+10 (210 ILCS 50/3.102 new)
544+11 Sec. 3.102. Acute Injury Stabilization Center minimum
545+12 standards. The Department shall establish, through rules
546+13 adopted pursuant to this Act, standards for Acute Injury
547+14 Stabilization Centers, which shall include, but need not be
548+15 limited to, Comprehensive or Basic Emergency Department
549+16 services pursuant to the Hospital Licensing Act.
550+17 (210 ILCS 50/3.105)
551+18 Sec. 3.105. Trauma Center Misrepresentation. No After the
552+19 effective date of this amendatory Act of 1995, no facility
553+20 shall use the phrase "trauma center" or words of similar
554+21 meaning in relation to itself or hold itself out as a trauma
555+22 center without first obtaining designation pursuant to this
556+23 Act.
557+24 (Source: P.A. 89-177, eff. 7-19-95.)
558+
559+
560+
561+
562+
563+ SB3548 Enrolled - 16 - LRB103 38295 CES 68430 b
564+
565+
566+SB3548 Enrolled- 17 -LRB103 38295 CES 68430 b SB3548 Enrolled - 17 - LRB103 38295 CES 68430 b
567+ SB3548 Enrolled - 17 - LRB103 38295 CES 68430 b
568+1 (210 ILCS 50/3.106 new)
569+2 Sec. 3.106. Acute Injury Stabilization Center
570+3 Misrepresentation. No facility shall use the phrase "Acute
571+4 Injury Stabilization Center" or words of similar meaning in
572+5 relation to itself or hold itself out as an Acute Injury
573+6 Stabilization Center without first obtaining designation
574+7 pursuant to this Act.
575+8 (210 ILCS 50/3.110)
576+9 Sec. 3.110. EMS system and trauma center confidentiality
577+10 and immunity.
578+11 (a) All information contained in or relating to any
579+12 medical audit performed of a trauma center's trauma services
580+13 or an Acute Injury Stabilization Center pursuant to this Act
581+14 or by an EMS Medical Director or his designee of medical care
582+15 rendered by System personnel, shall be afforded the same
583+16 status as is provided information concerning medical studies
584+17 in Article VIII, Part 21 of the Code of Civil Procedure.
585+18 Disclosure of such information to the Department pursuant to
586+19 this Act shall not be considered a violation of Article VIII,
587+20 Part 21 of the Code of Civil Procedure.
588+21 (b) Hospitals, trauma centers and individuals that perform
589+22 or participate in medical audits pursuant to this Act shall be
590+23 immune from civil liability to the same extent as provided in
591+24 Section 10.2 of the Hospital Licensing Act.
592+
593+
594+
595+
596+
597+ SB3548 Enrolled - 17 - LRB103 38295 CES 68430 b
598+
599+
600+SB3548 Enrolled- 18 -LRB103 38295 CES 68430 b SB3548 Enrolled - 18 - LRB103 38295 CES 68430 b
601+ SB3548 Enrolled - 18 - LRB103 38295 CES 68430 b
602+1 (c) All information relating to the State Emergency
603+2 Medical Services Disciplinary Review Board or a local review
604+3 board, except final decisions, shall be afforded the same
605+4 status as is provided information concerning medical studies
606+5 in Article VIII, Part 21 of the Code of Civil Procedure.
607+6 Disclosure of such information to the Department pursuant to
608+7 this Act shall not be considered a violation of Article VIII,
609+8 Part 21 of the Code of Civil Procedure.
610+9 (Source: P.A. 92-651, eff. 7-11-02.)
611+10 (210 ILCS 50/3.115)
612+11 Sec. 3.115. Pediatric care; emergency medical services for
613+12 children. Pediatric Trauma. The Director shall appoint an
614+13 advisory council to make recommendations for pediatric care
615+14 needs and develop strategies to address areas of need as
616+15 defined in rules adopted by the Department.
617+16 The Department shall:
618+17 (1) develop or promote recommendations for continuing
619+18 medical education, treatment guidelines, and other
620+19 programs for health practitioners and organizations
621+20 involved in pediatric care;
622+21 (2) support existing pediatric care programs and
623+22 assist in establishing new pediatric care initiatives
624+23 throughout the State;
625+24 (3) designate applicant hospitals that meet the
626+25 minimum standards established by the Department for their
627+
628+
629+
630+
631+
632+ SB3548 Enrolled - 18 - LRB103 38295 CES 68430 b
633+
634+
635+SB3548 Enrolled- 19 -LRB103 38295 CES 68430 b SB3548 Enrolled - 19 - LRB103 38295 CES 68430 b
636+ SB3548 Enrolled - 19 - LRB103 38295 CES 68430 b
637+1 pediatric emergency and critical care capabilities.
638+2 Upon the availability of federal funds for pediatric care
639+3 demonstration projects, the Department shall:
640+4 (a) Convene a work group which will be charged with
641+5 conducting a needs assessment of pediatric trauma care and
642+6 with developing strategies to correct areas of need;
643+7 (b) Contract with the University of Illinois School of
644+8 Public Health to develop a secondary prevention program for
645+9 parents;
646+10 (c) Contract with an Illinois medical school to develop
647+11 training and continuing medical education programs for
648+12 physicians and nurses in treatment of pediatric trauma;
649+13 (d) Contract with an Illinois medical school to develop
650+14 and test triage and field scoring for pediatric trauma if the
651+15 needs assessment by the work group indicates that current
652+16 scoring is inadequate;
653+17 (e) Support existing pediatric trauma programs and assist
654+18 in establishing new pediatric trauma programs throughout the
655+19 State;
656+20 (f) Provide grants to EMS systems for special pediatric
657+21 equipment for prehospital care based on needs identified by
658+22 the work group; and
659+23 (g) Provide grants to EMS systems and trauma centers for
660+24 specialized training in pediatric trauma based on needs
661+25 identified by the work group.
662+26 (Source: P.A. 89-177, eff. 7-19-95.)
663+
664+
665+
666+
667+
668+ SB3548 Enrolled - 19 - LRB103 38295 CES 68430 b
669+
670+
671+SB3548 Enrolled- 20 -LRB103 38295 CES 68430 b SB3548 Enrolled - 20 - LRB103 38295 CES 68430 b
672+ SB3548 Enrolled - 20 - LRB103 38295 CES 68430 b
673+1 (210 ILCS 50/3.140)
674+2 Sec. 3.140. Violations; Fines.
675+3 (a) The Department shall have the authority to impose
676+4 fines on any licensed vehicle service provider, stretcher van
677+5 provider, designated trauma center, Acute Injury Stabilization
678+6 Center, resource hospital, associate hospital, or
679+7 participating hospital.
680+8 (b) The Department shall adopt rules pursuant to this Act
681+9 which establish a system of fines related to the type and level
682+10 of violation or repeat violation, including, but not limited
683+11 to:
684+12 (1) A fine not exceeding $10,000 for each a violation
685+13 which created a condition or occurrence presenting a
686+14 substantial probability that death or serious harm to an
687+15 individual will or did result therefrom; and
688+16 (2) A fine not exceeding $5,000 for each a violation
689+17 which creates or created a condition or occurrence which
690+18 threatens the health, safety or welfare of an individual.
691+19 (c) A Notice of Intent to Impose Fine may be issued in
692+20 conjunction with or in lieu of a Notice of Intent to Suspend,
693+21 Revoke, Nonrenew or Deny, and shall conform to the
694+22 requirements specified in Section 3.130(d) of this Act. All
695+23 Hearings conducted pursuant to a Notice of Intent to Impose
696+24 Fine shall conform to the requirements specified in Section
697+25 3.135 of this Act.
698+
699+
700+
701+
702+
703+ SB3548 Enrolled - 20 - LRB103 38295 CES 68430 b
704+
705+
706+SB3548 Enrolled- 21 -LRB103 38295 CES 68430 b SB3548 Enrolled - 21 - LRB103 38295 CES 68430 b
707+ SB3548 Enrolled - 21 - LRB103 38295 CES 68430 b
708+1 (d) All fines collected pursuant to this Section shall be
709+2 deposited into the EMS Assistance Fund.
710+3 (Source: P.A. 98-973, eff. 8-15-14.)
711+4 (210 ILCS 50/3.200)
712+5 Sec. 3.200. State Emergency Medical Services Advisory
713+6 Council.
714+7 (a) There shall be established within the Department of
715+8 Public Health a State Emergency Medical Services Advisory
716+9 Council, which shall serve as an advisory body to the
717+10 Department on matters related to this Act.
718+11 (b) Membership of the Council shall include one
719+12 representative from each EMS Region, to be appointed by each
720+13 region's EMS Regional Advisory Committee. The Governor shall
721+14 appoint additional members to the Council as necessary to
722+15 insure that the Council includes one representative from each
723+16 of the following categories:
724+17 (1) EMS Medical Director,
725+18 (2) Trauma Center Medical Director,
726+19 (3) Licensed, practicing physician with regular and
727+20 frequent involvement in the provision of emergency care,
728+21 (4) Licensed, practicing physician with special
729+22 expertise in the surgical care of the trauma patient,
730+23 (5) EMS System Coordinator,
731+24 (6) TNS,
732+25 (7) Paramedic,
733+
734+
735+
736+
737+
738+ SB3548 Enrolled - 21 - LRB103 38295 CES 68430 b
739+
740+
741+SB3548 Enrolled- 22 -LRB103 38295 CES 68430 b SB3548 Enrolled - 22 - LRB103 38295 CES 68430 b
742+ SB3548 Enrolled - 22 - LRB103 38295 CES 68430 b
743+1 (7.5) A-EMT,
744+2 (8) EMT-I,
745+3 (9) EMT,
746+4 (10) Private vehicle service provider,
747+5 (11) Law enforcement officer,
748+6 (12) Chief of a public vehicle service provider,
749+7 (13) Statewide firefighters' union member affiliated
750+8 with a vehicle service provider,
751+9 (14) Administrative representative from a fire
752+10 department vehicle service provider in a municipality with
753+11 a population of over 2 million people, ;
754+12 (15) Administrative representative from a Resource
755+13 Hospital or EMS System Administrative Director, and .
756+14 (16) Representative from a pediatric critical care
757+15 center.
758+16 (c) Members shall be appointed for a term of 3 years. All
759+17 appointees shall serve until their successors are appointed
760+18 and qualified.
761+19 (d) The Council shall be provided a 90-day period in which
762+20 to review and comment, in consultation with the subcommittee
763+21 to which the rules are relevant, upon all rules proposed by the
764+22 Department pursuant to this Act, except for rules adopted
765+23 pursuant to Section 3.190(a) of this Act, rules submitted to
766+24 the State Trauma Advisory Council and emergency rules adopted
767+25 pursuant to Section 5-45 of the Illinois Administrative
768+26 Procedure Act. The 90-day review and comment period may
769+
770+
771+
772+
773+
774+ SB3548 Enrolled - 22 - LRB103 38295 CES 68430 b
775+
776+
777+SB3548 Enrolled- 23 -LRB103 38295 CES 68430 b SB3548 Enrolled - 23 - LRB103 38295 CES 68430 b
778+ SB3548 Enrolled - 23 - LRB103 38295 CES 68430 b
779+1 commence upon the Department's submission of the proposed
780+2 rules to the individual Council members, if the Council is not
781+3 meeting at the time the proposed rules are ready for Council
782+4 review. Any non-emergency rules adopted prior to the Council's
783+5 90-day review and comment period shall be null and void. If the
784+6 Council fails to advise the Department within its 90-day
785+7 review and comment period, the rule shall be considered acted
786+8 upon.
787+9 (e) Council members shall be reimbursed for reasonable
788+10 travel expenses incurred during the performance of their
789+11 duties under this Section.
790+12 (f) The Department shall provide administrative support to
791+13 the Council for the preparation of the agenda and minutes for
792+14 Council meetings and distribution of proposed rules to Council
793+15 members.
794+16 (g) The Council shall act pursuant to bylaws which it
795+17 adopts, which shall include the annual election of a Chair and
796+18 Vice-Chair.
797+19 (h) The Director or his designee shall be present at all
798+20 Council meetings.
799+21 (i) Nothing in this Section shall preclude the Council
800+22 from reviewing and commenting on proposed rules which fall
801+23 under the purview of the State Trauma Advisory Council.
802+24 (Source: P.A. 98-973, eff. 8-15-14.)
803+25 (210 ILCS 50/3.205)
804+
805+
806+
807+
808+
809+ SB3548 Enrolled - 23 - LRB103 38295 CES 68430 b
810+
811+
812+SB3548 Enrolled- 24 -LRB103 38295 CES 68430 b SB3548 Enrolled - 24 - LRB103 38295 CES 68430 b
813+ SB3548 Enrolled - 24 - LRB103 38295 CES 68430 b
814+1 Sec. 3.205. State Trauma Advisory Council.
815+2 (a) There shall be established within the Department of
816+3 Public Health a State Trauma Advisory Council, which shall
817+4 serve as an advisory body to the Department on matters related
818+5 to trauma care and trauma centers.
819+6 (b) Membership of the Council shall include one
820+7 representative from each Regional Trauma Advisory Committee,
821+8 to be appointed by each Committee. The Governor shall appoint
822+9 the following additional members:
823+10 (1) An EMS Medical Director,
824+11 (2) A trauma center medical director,
825+12 (3) A trauma surgeon,
826+13 (4) A trauma nurse coordinator,
827+14 (5) A representative from a private vehicle service
828+15 provider,
829+16 (6) A representative from a public vehicle service
830+17 provider,
831+18 (7) A member of the State EMS Advisory Council, ;and and
832+19 (8) A neurosurgeon.
833+20 (8) A burn care medical representative.
834+21 The Governor may also appoint, as an additional member
835+22 of the Council, a neurosurgeon.
836+23 (c) Members shall be appointed for a term of 3 years. All
837+24 appointees shall serve until their successors are appointed
838+25 and qualified.
839+26 (d) The Council shall be provided a 90-day period in which
840+
841+
842+
843+
844+
845+ SB3548 Enrolled - 24 - LRB103 38295 CES 68430 b
846+
847+
848+SB3548 Enrolled- 25 -LRB103 38295 CES 68430 b SB3548 Enrolled - 25 - LRB103 38295 CES 68430 b
849+ SB3548 Enrolled - 25 - LRB103 38295 CES 68430 b
850+1 to review and comment upon all rules proposed by the
851+2 Department pursuant to this Act concerning trauma care, except
852+3 for emergency rules adopted pursuant to Section 5-45 of the
853+4 Illinois Administrative Procedure Act. The 90-day review and
854+5 comment period may commence upon the Department's submission
855+6 of the proposed rules to the individual Council members, if
856+7 the Council is not meeting at the time the proposed rules are
857+8 ready for Council review. Any non-emergency rules adopted
858+9 prior to the Council's 90-day review and comment period shall
859+10 be null and void. If the Council fails to advise the Department
860+11 within its 90-day review and comment period, the rule shall be
861+12 considered acted upon;
862+13 (e) Council members shall be reimbursed for reasonable
863+14 travel expenses incurred during the performance of their
864+15 duties under this Section.
865+16 (f) The Department shall provide administrative support to
866+17 the Council for the preparation of the agenda and minutes for
867+18 Council meetings and distribution of proposed rules to Council
868+19 members.
869+20 (g) The Council shall act pursuant to bylaws which it
870+21 adopts, which shall include the annual election of a Chair and
871+22 Vice-Chair.
872+23 (h) The Director or his designee shall be present at all
873+24 Council meetings.
874+25 (i) Nothing in this Section shall preclude the Council
875+26 from reviewing and commenting on proposed rules which fall
876+
877+
878+
879+
880+
881+ SB3548 Enrolled - 25 - LRB103 38295 CES 68430 b
882+
883+
884+SB3548 Enrolled- 26 -LRB103 38295 CES 68430 b SB3548 Enrolled - 26 - LRB103 38295 CES 68430 b
885+ SB3548 Enrolled - 26 - LRB103 38295 CES 68430 b
886+1 under the purview of the State EMS Advisory Council.
887+2 (Source: P.A. 98-973, eff. 8-15-14.)
888+
889+
890+
891+
892+
893+ SB3548 Enrolled - 26 - LRB103 38295 CES 68430 b