There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 210 Health Facilities 210 ILCS 85/ Hospital Licensing Act.
(210 ILCS 85/1) (from Ch. 111 1/2, par. 142)
Sec. 1.
This Act may be cited as the Hospital Licensing Act.
(Source: Laws 1953, p. 811.)
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(210 ILCS 85/2) (from Ch. 111 1/2, par. 143)
Sec. 2.
Purpose; findings.
(a) The purpose of this Act is to provide for the better protection of
the public health through the development, establishment, and enforcement
of standards (1) for the care of individuals in hospitals, (2) for the
construction, maintenance, and operation of hospitals which, in light of
advancing knowledge, will promote safe and adequate treatment of such
individuals in hospital, and (3) that will have regard to the necessity of
determining that a person establishing a hospital have the qualifications,
background, character and financial resources to adequately provide a
proper standard of hospital service for the community.
(b) The Illinois General Assembly finds:
(1) That the citizens of Illinois are not served by | ||
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(2) That the inappropriate use of economic criteria | ||
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(3) That it is in the interest of the people of the | ||
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(Source: P.A. 88‑654, eff. 1‑1‑95.)
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(210 ILCS 85/3) (from Ch. 111 1/2, par. 144)
Sec. 3.
As used in this Act:
(A) "Hospital" means any institution, place, building, or agency, public
or private, whether organized for profit or not, devoted primarily to the
maintenance and operation of facilities for the diagnosis and treatment or
care of 2 or more unrelated persons admitted for overnight stay or longer
in order to obtain medical, including obstetric, psychiatric and nursing,
care of illness, disease, injury, infirmity, or deformity.
The term "hospital", without regard to length of stay, shall also
include:
(a) any facility which is devoted primarily to | ||
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(b) all places where pregnant females are received, | ||
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The term "hospital" includes general and specialized hospitals,
tuberculosis sanitaria, mental or psychiatric hospitals and sanitaria, and
includes maternity homes, lying‑in homes, and homes for unwed mothers in
which care is given during delivery.
The term "hospital" does not include:
(1) any person or institution required to be | ||
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(2) hospitalization or care facilities maintained by | ||
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(3) hospitalization or care facilities maintained by | ||
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(4) hospitalization or care facilities maintained by | ||
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(5) any person or facility required to be licensed | ||
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(6) any facility operated solely by and for persons | ||
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(7) An Alzheimer's disease management center | ||
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(B) "Person" means the State, and any political subdivision or municipal
corporation, individual, firm, partnership, corporation, company,
association, or joint stock association, or the legal successor thereof.
(C) "Department" means the Department of Public Health of the State of
Illinois.
(D) "Director" means the Director of Public Health of
the State of Illinois.
(E) "Perinatal" means the period of time
between the conception of an
infant and the end of the first month after birth.
(F) "Federally designated organ procurement agency" means the organ
procurement agency designated by the Secretary of the U.S. Department of Health
and Human Services for the service area in which a hospital is located; except
that in the case of a hospital located in a county adjacent to Wisconsin
which currently contracts with an organ procurement agency located in Wisconsin
that is not the organ procurement agency designated by the U.S. Secretary of
Health and Human Services for the service area in which the hospital is
located, if the hospital applies for a waiver pursuant to 42 USC
1320b‑8(a), it may designate an organ procurement agency
located in Wisconsin to be thereafter deemed its federally designated organ
procurement agency for the purposes of this Act.
(G) "Tissue bank" means any facility or program operating in Illinois
that is certified by the American Association of Tissue Banks or the Eye Bank
Association of America and is involved in procuring, furnishing, donating,
or distributing corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the human body.
"Tissue bank" does not include a licensed blood bank. For the purposes of this
Act, "tissue" does not include organs.
(Source: P.A. 91‑838, eff. 6‑16‑00.)
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(210 ILCS 85/4) (from Ch. 111 1/2, par. 145)
Sec. 4.
No person shall establish a hospital without first obtaining a
permit from the Department and no person shall open, conduct, operate, or
maintain a hospital without first obtaining a license from the Department.
Nothing in this Act shall be construed to impair or abridge the power of
municipalities to license and regulate hospitals, provided that the
municipal ordinance substantially complies with the minimum standards and
regulations developed by the Department pursuant to the provisions of this
Act. Such compliance shall be determined by the Department subject to
review as provided in Section 13 of this Act. Section 13 of this Act
shall also be applicable to the judicial review of final administrative
decisions of the regulatory agency of the municipality. Any municipality
having an ordinance licensing and regulating hospitals which provides for
minimum standards and regulations substantially in compliance with those
developed pursuant to this Act shall make such periodic reports to the
Department as the Department deems necessary. This report shall include a
list of hospitals meeting standards substantially equivalent to those
promulgated by the Department under this Act, and upon the receipt of such
report the Department may then issue a license to such hospital.
(Source: Laws 1965, p. 2350.)
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(210 ILCS 85/4.5)
Sec. 4.5.
Hospital with multiple locations; single license.
(a) A hospital located in a county with fewer than 3,000,000 inhabitants may
apply to the Department for approval to conduct its operations from more than
one location within the county under a single license.
(b) The facilities or buildings at those locations must be owned or
operated together by a single corporation or other legal entity serving as the
licensee and must share:
(1) a single board of directors with responsibility | ||
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(2) a single medical staff accountable to the board | ||
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(3) a single chief executive officer, accountable to | ||
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(c) Each hospital building or facility that is located on a site
geographically separate from the campus or premises of another hospital
building or facility operated by the licensee must, at a minimum, individually
comply with the Department's hospital licensing requirements for emergency
services.
(d) The hospital shall submit to the Department a comprehensive plan in
relation to the waiver or waivers requested
describing the services and operations of each facility or building and how
common services or operations will be coordinated between the various
locations. With the exception of items required by subsection (c), the
Department is authorized to waive compliance with the hospital
licensing requirements for specific buildings or facilities, provided that the
hospital has documented which other building or facility under its single
license provides that service or operation, and that doing so would not
endanger the public's health, safety, or welfare. Nothing in this Section
relieves a hospital from the requirements of the Health Facilities Planning
Act.
(Source: P.A. 89‑171, eff. 7‑19‑95.)
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(210 ILCS 85/4.6)
Sec. 4.6.
Additional licensing requirements.
(a) Notwithstanding any other law or rule to the contrary, the Department
may license as a hospital a building
that (i) is owned or operated by a hospital licensed
under
this Act, (ii) is located in a municipality with a population of less than
60,000, and
(iii) includes a postsurgical recovery care center licensed under the
Alternative
Health Care Delivery Act for a period of not less than 2 years, an ambulatory
surgical treatment center licensed under the Ambulatory Surgical Treatment
Center Act, and a
Freestanding
Emergency Center licensed under the Emergency Medical Services (EMS)
Systems Act. Only the components of the building which are currently licensed
shall be eligible under the provisions of this Section.
(b) Prior to issuing a license, the Department shall inspect the facility
and
require the facility to meet such of the Department's rules relating to
the
establishment of hospitals as the Department determines are appropriate to such
facility. Once the Department approves the facility and issues a hospital
license, all other licenses as listed in subsection (a) above shall be null and
void.
(c) Only one license may be issued under the authority of this Section.
No license may be issued after 18 months after the effective date of this
amendatory Act of the 91st General Assembly.
(Source: P.A. 91‑736, eff. 6‑2‑00.)
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(210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
Sec. 5.
(a) An application for a permit to establish a hospital shall be
made to the Department upon forms provided by it. This application shall
contain such information as the Department reasonably requires, which shall
include affirmative evidence on which the Director may make the findings
required under Section 6a of this Act.
(b) An application for a license to open, conduct, operate, and maintain
a hospital shall be made to the Department upon forms provided by it and
shall contain such information as the Department reasonably requires, which
may include affirmative evidence of ability to comply with the provisions
of this Act and the standards, rules, and regulations, promulgated by
virtue thereof.
(c) All applications required under this Section shall be signed by the
applicant and shall be verified. Applications on behalf of a corporation or
association or a governmental unit or agency shall be made and verified by
any two officers thereof.
(Source: Laws 1965, p. 2350.)
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(210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
Sec. 6.
(a) Upon receipt of an application for a permit to establish
a hospital the Director shall issue a permit if he finds (1) that the
applicant is fit, willing, and able to provide a proper standard of
hospital service for the community with particular regard to the
qualification, background, and character of the applicant, (2) that the
financial resources available to the applicant demonstrate an ability to
construct, maintain, and operate a hospital in accordance with the
standards, rules, and regulations adopted pursuant to this Act, and (3)
that safeguards are provided which assure hospital operation and
maintenance consistent with the public interest having particular regard
to safe, adequate, and efficient hospital facilities and services.
The Director may request the cooperation of county and
multiple‑county health departments, municipal boards of health, and
other governmental and non‑governmental agencies in obtaining
information and in conducting investigations relating to such
applications.
A permit to establish a hospital shall be valid only for the premises
and person named in the application for such permit and shall not be
transferable or assignable.
In the event the Director issues a permit to establish a hospital the
applicant shall thereafter submit plans and specifications to the
Department in accordance with Section 8 of this Act.
(b) Upon receipt of an application for license to open, conduct,
operate, and maintain a hospital, the Director shall issue a license if
he finds the applicant and the hospital facilities comply with
standards, rules, and regulations promulgated under this Act. A license,
unless sooner suspended or revoked, shall be renewable annually upon
approval by the Department. Each license shall be issued only for the
premises and persons named in the application and shall not be
transferable or assignable. Licenses shall be posted in a conspicuous
place on the licensed premises. The Department may, either before or
after the issuance of a license, request the cooperation of the State Fire
Marshal, county
and multiple county health departments, or municipal boards of health to
make investigations to determine if the applicant or licensee is
complying with the minimum standards prescribed by the Department. The
report and recommendations of any such agency shall be in writing and
shall state with particularity its findings with respect to compliance
or noncompliance with such minimum standards, rules, and regulations.
The Director may issue a provisional license to any hospital which
does not substantially comply with the provisions of this Act and the
standards, rules, and regulations promulgated by virtue thereof provided
that he finds that such hospital has undertaken changes and corrections
which upon completion will render the hospital in substantial compliance
with the provisions of this Act, and the standards, rules, and
regulations adopted hereunder, and provided that the health and safety
of the patients of the hospital will be protected during the period for
which such provisional license is issued. The Director shall advise the
licensee of the conditions under which such provisional license is
issued, including the manner in which the hospital facilities fail to
comply with the provisions of the Act, standards, rules, and
regulations, and the time within which the changes and corrections
necessary for such hospital facilities to substantially comply with this
Act, and the standards, rules, and regulations of the Department
relating thereto shall be completed.
(Source: P.A. 80‑56.)
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(210 ILCS 85/6.01)
Sec. 6.01.
Domestic violence.
A hospital licensed
under this Act must comply with the standards relating to domestic violence
established by the Department. In establishing these standards, the Department
shall take into consideration similar standards adopted by the Joint Commission
on Health Care Accreditation or other accrediting organization. Nothing in
this Section requires a hospital to become accredited by the Joint Commission
on Health Care Accreditation or any other accreditation program.
(Source: P.A. 91‑163, eff. 1‑1‑00.)
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(210 ILCS 85/6.05) (from Ch. 111 1/2, par. 147.05)
Sec. 6.05.
(Repealed).
(Source: P.A. 89‑507, eff. 7‑1‑97. Repealed by P.A. 92‑790, eff. 8‑6‑02.)
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(210 ILCS 85/6.06) (from Ch. 111 1/2, par. 147.06)
Sec. 6.06.
The Department shall prescribe, by regulation, standards for
hospitals to meet in order to assure proper identification of newborn infants.
Such regulations shall include but not be limited to standards that are
consistent with procedures for the identification of newborn infants recommended
by the American Academy of Pediatrics.
(Source: P.A. 83‑615.)
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(210 ILCS 85/6.07) (from Ch. 111 1/2, par. 147.07)
Sec. 6.07.
The Department shall by regulation require the availability
and proper use of hypothermic thermometers or electronic thermometers
capable of aiding in the diagnosis of hypothermia in adequate quantity
in hospitals.
(Source: P.A. 84‑313.)
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(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, 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, 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 patient 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, 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, or ambulance crew member against
an emergency services provider
agency, municipal fire department, or fire protection district that fails to
inform the member in a timely
fashion of the
receipt of a notification letter.
(Source: P.A. 92‑363, eff. 1‑1‑02.)
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(210 ILCS 85/6.09)(from Ch. 111 1/2, par. 147.09)
Sec. 6.09. (a) In order to facilitate the orderly transition of aged
and disabled patients from hospitals to post‑hospital care, whenever a
patient who qualifies for the
federal Medicare program is hospitalized, the patient shall be notified
of discharge at least
24 hours prior to discharge from
the hospital. With regard to pending discharges to a skilled nursing facility or if home health services are ordered, the hospital must inform its designated case coordination unit, as defined in 89 Ill. Adm. Code 240.260, of the pending discharge and must provide the patient with the case coordination unit's telephone number and other contact information.
(b) Every hospital shall develop procedures for a physician with medical
staff privileges at the hospital or any appropriate medical staff member to
provide the discharge notice prescribed in subsection (a) of this Section. The procedures must include prohibitions against discharging or referring a patient to any of the following if unlicensed, uncertified, or unregistered: (i) a board and care facility, as defined in the Board and Care Home Registration Act; (ii) an assisted living and shared housing establishment, as defined in the Assisted Living and Shared Housing Act; (iii) a facility licensed under the Nursing Home Care Act; (iv) a supportive living facility, as defined in Section 5‑5.01a of the Illinois Public Aid Code; or (v) a free‑standing hospice facility licensed under the Hospice Program Licensing Act if licensure, certification, or registration is required. The Department of Public Health shall annually provide hospitals with a list of licensed, certified, or registered board and care facilities, assisted living and shared housing establishments, nursing homes, supportive living facilities, and hospice facilities. Reliance upon this list by a hospital shall satisfy compliance with this requirement.
The procedure may also include a waiver for any case in which a discharge
notice is not feasible due to a short length of stay in the hospital by the patient,
or for any case in which the patient voluntarily desires to leave the
hospital before the expiration of the
24 hour period.
(c) At least
24 hours prior to discharge from the hospital, the
patient shall receive written information on the patient's right to appeal the
discharge pursuant to the
federal Medicare program, including the steps to follow to appeal
the discharge and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
(Source: P.A. 94‑335, eff. 7‑26‑05.)
(210 ILCS 85/6.10) (from Ch. 111 1/2, par. 147.10)
Sec. 6.10.
The Department shall adopt rules requiring hospitals
licensed under this Act to offer testing for infection with human
immunodeficiency virus (HIV) to patients upon request. Such rules shall
provide for appropriate pre‑test and post‑test counseling, and may provide
for payment of the cost of testing the medically indigent in appropriate cases.
Tests requested or administered under such rules shall be subject to the
provisions of the AIDS Confidentiality Act.
(Source: P.A. 86‑764; 86‑1028.)
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(210 ILCS 85/6.11) (from Ch. 111 1/2, par. 147.11)
Sec. 6.11.
In licensing any hospital which provides for the diagnosis, care
or treatment for persons suffering from mental or emotional disorders or
for mentally retarded persons, the Department shall consult with the
Department of Human Services in developing
standards for and evaluating the psychiatric programs of such hospitals.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(210 ILCS 85/6.12) (from Ch. 111 1/2, par. 147.12)
Sec. 6.12.
The provisions of the Illinois Administrative Procedure Act
are hereby expressly adopted and shall apply to all administrative rules
and procedures of the Department of Public Health under this Act, except
that Section 5‑35 of the Illinois Administrative Procedure Act
relating to procedures for rule‑making does not apply to the adoption of any
rule required by federal law in connection with which the Department is
precluded by law from exercising any discretion.
(Source: P.A. 87‑435; 88‑45.)
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(210 ILCS 85/6.13) (from Ch. 111 1/2, par. 147.13)
Sec. 6.13.
Any hospital licensed under this Act may provide a program
or service for the temporary custodial care of mildly ill children who,
because of their illness, are unable to attend school or to participate in
their normal day care program. The Department shall develop minimum
standards, rules and regulations to govern the operation of a sick child
day program which is operated by a hospital and located on the hospital's
licensed premises. Any such standards, rules and regulations shall provide
that:
(a) a sick child day program may be located anywhere on the hospital's
licensed premises, including patient care units, when the following
conditions are met:
(1) Children in the sick child day program shall not | ||
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(2) Children in the sick child day program who are | ||
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(b) children registered in a sick child day program are not considered
to be hospital patients, and are not required to be under the professional
care of a member of the hospital's medical staff except in those cases
where emergency medical treatment is needed during the time the child is on
the program premises; and
(c) medication may be administered to a child in a sick child program
when the following conditions are met:
(1) Prescription medications shall be labeled with | ||
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(2) Written parental permission shall be obtained | ||
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(Source: P.A. 86‑1461; 87‑435.)
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(210 ILCS 85/6.14) (from Ch. 111 1/2, par. 147.14)
Sec. 6.14.
Resident and intern duty hour requirements.
Hospitals
licensed under this Act shall comply with the duty hour requirements for
residents and interns established by the Accreditation Council for Graduate
Medical Education.
(Source: P.A. 87‑947.)
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(210 ILCS 85/6.14a)
Sec. 6.14a.
Public disclosure of information.
The following
information is subject to disclosure to
the public from the Department:
(1) Information submitted under Section 5 of this | ||
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(2) Final records of license and certification | ||
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(3) Investigated complaints filed against a hospital | ||
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The Department shall disclose information under this Section in
accordance with provisions for inspection and copying of public records
required by the Freedom of Information Act.
However, the disclosure of information described in subsection (1) shall
not be restricted by any provision of the Freedom of Information Act.
Notwithstanding any other provision of law, under no circumstances shall the
Department disclose information obtained from a hospital that is confidential
under Part 21 of Article 8 of the Code of Civil Procedure.
Any records or reports of inspections, surveys, or evaluations of hospitals
may be disclosed only after the acceptance of a plan of correction by the
Health Care Financing Administration of the U.S. Department of Health and Human
Services or the Department, as appropriate, or at the conclusion of any
administrative review of the Department's decision, or at the conclusion of any
judicial review of such administrative decision. Whenever any record or report
is subject to disclosure under this Section, the Department shall permit the
hospital to provide a written statement pertaining to such report which shall
be included as part of the information to be disclosed. The Department shall
not divulge or disclose any record or report in a manner that identifies or
would permit the identification of any natural person.
(Source: P.A. 91‑242, eff. 1‑1‑00.)
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(210 ILCS 85/6.14b)
Sec. 6.14b.
Confidentiality of patient records.
(a) The Department shall
respect the confidentiality of a patient's record and shall not divulge or
disclose the contents of a
record in a manner which identifies a patient, except upon a patient's
death to a relative or guardian, as permitted by law, or under judicial
proceedings. This
Section shall not be construed to limit the right of a patient to inspect
or copy his or her records.
(b) Confidential medical, social, personal, or financial information
identifying a patient shall not be available for public inspection in a
manner which identifies a patient.
(Source: P.A. 91‑242, eff. 1‑1‑00.)
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(210 ILCS 85/6.14c)
Sec. 6.14c.
Posting of information.
Every hospital shall conspicuously post
for display in an
area of its offices accessible to patients, employees, and visitors the
following:
(1) its current license;
(2) a description, provided by the Department, of | ||
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(3) a list of any orders pertaining to the hospital | ||
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(4) a list of the material available for public | ||
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(Source: P.A. 91‑242, eff. 1‑1‑00.)
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(210 ILCS 85/6.14d)
Sec. 6.14d.
Materials available for public inspection.
A hospital shall
retain for 5 years the following for public inspection:
(1) a complete copy of every final inspection report | ||
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(2) a copy of every final order pertaining to the | ||
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(Source: P.A. 91‑242, eff. 1‑1‑00.)
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(210 ILCS 85/6.14e)
Sec. 6.14e.
Storage and transfer of patient records.
If a facility closes
due to insolvency or for any other reason, the facility must notify the
Department where the patient records are stored or transferred.
(Source: P.A. 93‑322, eff. 1‑1‑04.)
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(210 ILCS 85/6.14f) Sec. 6.14f. Reports to the trauma registry; certain accidents involving persons under the age of 18 years. A trauma center that treats any person under the age of 18 years for injuries suffered in an accident involving a motor vehicle backing over a child or the power window of a motor vehicle must report the accident to the trauma registry.
(Source: P.A. 94‑671, eff. 8‑23‑05.)
(210 ILCS 85/6.15)
Sec. 6.15.
Abduction of infant patient.
Every hospital, as a condition of
licensure under this Act, shall demonstrate to the Department that the hospital
has adopted the following procedures:
(1) Procedures designed to reduce the likelihood | ||
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(2) Procedures designed to aid in identifying | ||
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(Source: P.A. 88‑689, eff. 1‑1‑96.)
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(210 ILCS 85/6.16)
Sec. 6.16. Agreement with designated organ procurement agency. Each
hospital licensed under this Act shall have an agreement with its federally
designated organ procurement agency providing for notification of the organ
procurement agency when potential organ donors become available, as
required in Section 5‑25 of the Illinois Anatomical Gift Act.
(Source: P.A. 93‑794, eff. 7‑22‑04.)
(210 ILCS 85/6.17)
Sec. 6.17.
Protection of and confidential access to medical records
and information.
(a) Every hospital licensed under this Act shall develop a medical record
for each of its patients as required by the Department by rule.
(b) All information regarding a hospital patient gathered by the hospital's
medical staff and its agents and employees shall be the property and
responsibility of the hospital and must be protected from inappropriate
disclosure as provided in this Section.
(c) Every hospital shall preserve its medical records in a format and for a
duration established by hospital policy and for not less than 10 years,
provided that if the hospital has been notified in writing by an attorney
before the expiration of the 10 year retention period that there is litigation
pending in court involving the record of a particular patient as possible
evidence and that the patient is his client or is the person who has instituted
such litigation against his client, then the hospital shall retain the record
of that patient until notified in writing by the plaintiff's attorney, with the
approval of the defendant's attorney of record, that the case in court
involving
such record has been concluded or for a period of 12 years from the date that
the record was produced, whichever occurs first in time.
(d) No member of a hospital's medical staff and no agent or employee of a
hospital shall disclose the nature or details of services provided to patients,
except that the information may be disclosed to the patient, persons authorized
by the patient, the party making treatment decisions, if the patient
is incapable of making decisions regarding the health services provided, those
parties directly involved with providing treatment to the patient or processing
the payment for that treatment, those parties responsible for peer review,
utilization review or quality assurance, risk management, or
defense of claims
brought against the hospital arising out of the care, and those parties
required to be notified under the Abused and Neglected Child Reporting Act, the
Illinois Sexually Transmissible Disease Control Act, or where otherwise
authorized or required by law.
(e) The hospital's medical staff members and the hospital's agents and
employees may communicate, at any time and in any fashion, with legal counsel
for
the hospital concerning the patient medical record privacy and retention
requirements of this Section and any care or treatment they provided or
assisted in providing to any patient within the scope of their employment
or affiliation with the hospital.
(e‑5) Notwithstanding subsections (d) and (e), for actions filed on or
after January 1, 2004, after a complaint for healing art malpractice is
served upon the hospital or upon its agents or employees, members of the
hospital's medical staff who are not actual or alleged agents, employees, or
apparent agents of the hospital may not communicate with legal counsel for the
hospital or with risk management of the hospital concerning the claim alleged
in
the complaint for healing art malpractice against the hospital except with the
patient's consent or in discovery authorized by the Code of Civil Procedure or
the Supreme Court rules. For the purposes of this subsection (e‑5),
"hospital" includes a hospital affiliate as defined in subsection (b) of
Section 10.8 of this Act.
(f) Each hospital licensed under this Act shall provide its
federally
designated organ procurement agency and any tissue bank with which it has an
agreement with access to the medical records of deceased patients for the
following purposes:
(1) estimating the hospital's organ and tissue | ||
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(2) identifying the educational needs of the | ||
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(3) identifying the number of organ and tissue | ||
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(g) All hospital and patient information, interviews, reports,
statements,
memoranda, and other data obtained or created by a tissue bank or federally
designated organ procurement agency from the medical records review described
in subsection (f) shall be privileged, strictly confidential, and
used
only for
the purposes put forth in subsection (f) of this Section and shall
not
be
admissible as evidence nor discoverable in an action of any kind in court or
before a tribunal, board, agency, or person.
(h) Any person who, in good faith, acts in accordance with the
terms
of this Section shall not be subject to any type of civil or criminal liability
or
discipline for unprofessional conduct for those actions under any
professional
licensing statute.
(i) Any individual who wilfully or wantonly discloses hospital or medical
record information in violation of
this Section is guilty of a Class A
misdemeanor. As used in this subsection, "wilfully or wantonly" means a course
of action that shows an actual or deliberate intention to cause harm or that,
if not intentional, shows an utter indifference to or conscious disregard for
the safety of others or their property.
(j) The changes to this Section made by this amendatory Act of the 93rd
General Assembly apply to any action filed on or after January 1, 2004.
(Source: P.A. 93‑492, eff. 1‑1‑04.)
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(210 ILCS 85/6.18)
Sec. 6.18.
(Repealed).
(Source: P.A. 90‑710, eff. 8‑7‑98. Repealed by P.A. 92‑790, eff.
8‑6‑02.)
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(210 ILCS 85/6.19)
Sec. 6.19. Do‑not‑resuscitate orders. Every facility licensed under this
Act shall establish a policy for the implementation of physician orders
limiting resuscitation, such as those orders commonly referred to as
"do‑not‑resuscitate" orders. This policy may prescribe only the format,
method of documentation, and duration of any physician orders limiting
resuscitation. The policy may include forms to be used. Any orders issued
under the policy shall be honored by the facility. The Department of Public
Health Uniform DNR Advance Directive or a copy of that Advance Directive shall be honored under any
policy established under this Section.
(Source: P.A. 94‑865, eff. 6‑16‑06.)
(210 ILCS 85/6.20)
Sec. 6.20.
Use of restraints.
Each hospital licensed under this Act must
have a written policy to address the use of
restraints and seclusion in the hospital. The Department shall establish, by
rule, the provisions that the policy must include, which,
to the extent practicable, should be consistent with the requirements for
participation in the federal Medicare program. Each
hospital policy shall include periodic review of the use of restraints or
seclusion in the hospital.
In hospitals, restraints or seclusion may only be ordered by (i) a physician
licensed to practice medicine in all its branches
or (ii) a registered nurse with supervisory responsibilities as authorized by
the medical staff. The medical staff of a hospital may
adopt a policy specifying the requirements for the use of restraints or
seclusion and identifying whether a registered nurse with
supervisory responsibilities may order restraints or seclusion in the hospital
when the patient's treating physician is
not available.
Registered nurses authorized to order restraints or seclusion shall have
appropriate training and experience as determined
by medical staff policy. The treating physician shall be notified when
restraints or seclusion are ordered by a registered
nurse. Nothing in this Section requires that a medical staff
authorize a registered nurse with supervisory responsibilities
to order restraints or seclusion.
(Source: P.A. 92‑356, eff. 10‑1‑01.)
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(210 ILCS 85/6.21)
Sec. 6.21. Umbilical cord blood donation.
(a) All licensed hospitals shall offer a pregnant patient the option to
donate, to a publicly accessible certified cord blood bank, blood extracted
from the umbilical cord following the delivery of a newborn child if the
donation can be made at no expense to the patient or
hospital for collection or storage.
(b) Nothing in this Section obligates a hospital to collect umbilical cord
blood if, in the professional judgment of a physician licensed to practice
medicine in all its branches or a nurse, the collection would threaten the
health of the mother or child.
(c) Nothing in this Section imposes a requirement upon any hospital
employee, physician, nurse, or hospital that is directly affiliated with a bona
fide religious denomination that includes as an integral part of its beliefs
and practices the tenet that blood transfer is contrary to the moral
principles
the
denomination considers to be an essential part of its beliefs.
(d) Subject to appropriations for that purpose, the Department of Public Health shall make the maximization of umbilical cord blood donations a public health goal. All licensed hospitals and birthing centers shall cooperate with the Department of Public Health in implementing this goal of increasing donations of umbilical cord blood.
(Source: P.A. 93‑143, eff. 1‑1‑04; 94‑832, eff. 6‑5‑06.)
(210 ILCS 85/7)(from Ch. 111 1/2, par. 148)
Sec. 7. (a) The Director after notice and opportunity for hearing to the
applicant or licensee may deny, suspend, or revoke a permit to establish a
hospital or deny, suspend, or revoke a license to open, conduct, operate,
and maintain a hospital in any case in which he finds that there has been a
substantial failure to comply with the provisions of this Act, the Hospital
Report Card Act, or the Illinois Adverse Health Care Events Reporting Law of 2005 or the standards, rules, and regulations established by
virtue of any of those Acts.
(b) Such notice shall be effected by registered mail or by personal
service setting forth the particular reasons for the proposed action and
fixing a date, not less than 15 days from the date of such mailing or
service, at which time the applicant or licensee shall be given an
opportunity for a hearing. Such hearing shall be conducted by the Director
or by an employee of the Department designated in writing by the Director
as Hearing Officer to conduct the hearing. On the basis of any such
hearing, or upon default of the applicant or licensee, the Director shall
make a determination specifying his findings and conclusions. In case of a
denial to an applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under which the
permit was denied and shall contain findings of fact forming the basis of
such denial. A copy of such determination shall be sent by registered mail
or served personally upon the applicant or licensee. The decision denying,
suspending, or revoking a permit or a license shall become final 35 days
after it is so mailed or served, unless the applicant or licensee, within
such 35 day period, petitions for review pursuant to Section 13.
(c) The procedure governing hearings authorized by this Section shall be
in accordance with rules promulgated by the Department and approved by the
Hospital Licensing Board. A full and complete record shall be kept of all
proceedings, including the notice of hearing, complaint, and all other
documents in the nature of pleadings, written motions filed in the
proceedings, and the report and orders of the Director and Hearing Officer.
All testimony shall be reported but need not be transcribed unless the
decision is appealed pursuant to Section 13. A copy or copies of the
transcript may be obtained by any interested party on payment of the cost
of preparing such copy or copies.
(d) The Director or Hearing Officer shall upon his own motion, or on the
written request of any party to the proceeding, issue subpoenas requiring
the attendance and the giving of testimony by witnesses, and subpoenas
duces tecum requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued under the terms
of this Act may be served by any person of full age. The fees of witnesses
for attendance and travel shall be the same as the fees of witnesses before
the Circuit Court of this State, such fees to be paid when the witness is
excused from further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall be paid in
the same manner as other expenses of the Department, and when the witness
is subpoenaed at the instance of any other party to any such proceeding the
Department may require that the cost of service of the subpoena or subpoena
duces tecum and the fee of the witness be borne by the party at whose
instance the witness is summoned. In such case, the Department in its
discretion, may require a deposit to cover the cost of such service and
witness fees. A subpoena or subpoena duces tecum issued as aforesaid shall
be served in the same manner as a subpoena issued out of a court.
(e) Any Circuit Court of this State upon the application of the
Director, or upon the application of any other party to the proceeding,
may, in its discretion, compel the attendance of witnesses, the production
of books, papers, records, or memoranda and the giving of testimony before
the Director or Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court.
(f) The Director or Hearing Officer, or any party in an investigation or
hearing before the Department, may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records, or memoranda.
(Source: P.A. 93‑563, eff. 1‑1‑04; 94‑242, eff. 7‑18‑05.)
(210 ILCS 85/7.5)
Sec. 7.5.
Fire Safety Evaluation System.
Upon request by a
hospital, the Department, if applicable, must evaluate or allow for an
evaluation of
compliance with the Life Safety Code using the Fire Safety Evaluation
System.
(Source: P.A. 92‑803, eff. 8‑16‑02.)
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(210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
Sec. 8.
Facility plan review; fees.
(a) Before commencing construction of new facilities or specified types
of alteration or additions to an existing hospital involving major
construction, as defined by rule by the Department, with an estimated
cost greater than $100,000, architectural plans and
specifications therefor shall be submitted by the licensee to the
Department for review and approval.
A hospital may submit architectural drawings and specifications for other
construction projects for Department review according to subsection (b) that
shall not be subject to fees under subsection (d).
The Department must give a hospital that is planning to submit a construction
project for review the opportunity to discuss its plans and specifications with
the Department before the hospital formally submits the plans and
specifications for Department review.
Review of drawings and specifications shall be conducted by an employee of
the Department meeting the qualifications established by the Department of
Central Management Services class specifications for such an individual's
position or by a person contracting with the Department who meets those class
specifications.
Final approval of the plans and specifications for compliance
with design and construction standards shall be obtained from the
Department before the alteration, addition, or new construction is begun.
(b) The Department shall inform an applicant in writing within 10 working
days after receiving drawings and specifications and the required fee, if any,
from the applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed complete for purposes
of initiating the 60‑day review period under this Section. If the submission
is incomplete, the Department shall inform the applicant of the deficiencies
with the submission in writing. If the submission is complete and the required
fee, if any, has been paid,
the Department shall approve or disapprove drawings and specifications
submitted to the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of sufficient detail, as
provided by Department rule, to
enable the Department to
render a determination of compliance with design and construction standards
under this Act.
If the Department finds that the drawings are not of sufficient detail for it
to render a determination of compliance, the plans shall be determined to be
incomplete and shall not be considered for purposes of initiating the 60 day
review period.
If a submission of drawings and specifications is incomplete, the applicant
may submit additional information. The 60‑day review period shall not commence
until the Department determines that a submission of drawings and
specifications is complete or the submission is deemed complete.
If the Department has not approved or disapproved the
drawings and specifications within 60 days, the construction, major alteration,
or addition shall be deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with specificity, the
reasons for the disapproval. The entity submitting the drawings and
specifications may submit additional information in response to the written
comments from the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made within 45 days of the
receipt of the additional information or reconsideration request. If denied,
the Department shall state the specific reasons for the denial
and the applicant may elect to seek dispute resolution pursuant to Section
25 of the Illinois Building Commission Act, which the Department must
participate in.
(c) The Department shall provide written approval for occupancy pursuant
to subsection (g) and shall not issue a violation to a facility as a result of
a licensure or complaint survey based upon the facility's physical structure
if:
(1) the Department reviewed and approved or deemed | ||
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(2) the construction, major alteration, or addition | ||
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(3) the law or rules have not been amended since the | ||
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(4) the conditions at the facility indicate that | ||
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(c‑5) The Department shall not issue a violation to a facility if the
inspected aspects of the facility were previously found to be in compliance
with applicable standards, the relevant law or rules have not been amended,
conditions at the facility
reasonably protect the safety of its patients, and alterations or new hazards
have not been
identified.
(d) The Department shall charge the following fees in connection with its
reviews conducted before June 30, 2004 under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the major | ||
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The fees provided in this subsection (d) shall not apply to major
construction projects involving facility changes that are required by
Department rule amendments or to projects related to homeland security.
The fees provided in this subsection (d) shall also not apply to major
construction projects if 51% or more of the estimated cost of the project is
attributed to capital equipment. For major construction projects where 51% or
more of the estimated cost of the project is attributed to capital equipment,
the Department shall by rule establish a fee that is reasonably related to the
cost of reviewing the project.
Disproportionate share hospitals and rural hospitals shall only pay
one‑half of the fees
required in this subsection (d).
For the purposes of this subsection (d),
(i) "disproportionate share hospital" means a hospital described in items (1)
through (5) of subsection (b) of Section 5‑5.02 of the Illinois Public Aid
Code and (ii)
"rural hospital" means a hospital that
is (A) located
outside a metropolitan statistical area or (B) located 15 miles or less from a
county that is
outside a metropolitan statistical area and is licensed to perform
medical/surgical or
obstetrical services and has a combined total bed capacity of 75 or fewer beds
in these 2
service categories as of July 14, 1993, as determined by the Department.
The Department shall not commence the facility plan review process under this
Section until the applicable fee has been paid.
(e) All fees received by the Department under this Section shall be
deposited into the Health Facility Plan Review Fund, a special fund created in
the State treasury.
All fees paid by hospitals under subsection (d) shall be used only to cover
the direct and reasonable costs relating to the Department's review of hospital
projects under this
Section.
Moneys shall be appropriated from that Fund to the
Department only to pay the costs of conducting reviews under this Section.
None of the moneys in the Health Facility Plan Review Fund shall be used to
reduce the amount of General Revenue Fund moneys appropriated to the Department
for facility plan reviews conducted pursuant to this Section.
(f) (Blank).
(g) The Department shall conduct an on‑site inspection of the completed
project no later than 15 business days after notification from the
applicant that the
project has been completed and all certifications required by the Department
have been received and accepted by the Department. The Department may extend
this deadline only if a federally mandated survey time frame takes
precedence. The Department shall
provide written approval for occupancy to the applicant within 5 working days
of the Department's final inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until Department approval is
received, unless the Department has not acted within the time frames provided
in this subsection (g), in which case the construction shall be deemed
approved. Occupancy shall be authorized after any
required health inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure to conduct interim
on‑site review of large or complex construction projects.
(i) The Department shall establish, by rule, an expedited process for
emergency repairs or replacement of like equipment.
(j) Nothing in this Section shall be construed to apply to maintenance,
upkeep, or renovation that does not affect the structural integrity of the
building, does not add beds or services over the number for which the facility
is licensed, and provides a reasonable degree of safety for the patients.
(Source: P.A. 92‑563, eff. 6‑24‑02; 92‑803, eff. 8‑16‑02; 93‑41, eff.
6‑27‑03.)
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(210 ILCS 85/8.5)
Sec. 8.5.
Waiver or alternative compliance.
Upon application by a hospital, the Department may grant or
renew a waiver or alternative compliance methodology with a rule or standard, including without limitation rules and standards for
(i) design and construction, (ii) engineering and maintenance of the physical
plant, site,
equipment, and systems (heating, cooling, electrical, ventilation, plumbing,
water, sewer, and solid waste disposal), (iii) fire and safety, and
(iv) other rules or standards that may present a barrier to the development,
adoption, or implementation of an innovation designed to improve patient
care, for a period not to exceed the duration of the current
license or, in the
case of an application for license renewal, the duration of the renewal period.
The waiver
may be conditioned upon the hospital taking action prescribed by the Department
as a
measure equivalent to compliance. In determining whether to grant or renew a
waiver,
the Department shall consider the duration and basis for any current waiver
with respect
to the same rule or standard and the validity and effect upon patient health
and safety of
extending it on the same basis, the effect upon the health and safety of patients, the
quality of patient care, the hospital's history of compliance with the rules
and standards of
this Act, and the hospital's attempts to comply with the particular rule or
standard in
question. The Department may provide, by rule, for the automatic renewal of
waivers
concerning construction or physical plant requirements upon the renewal of a
license. The
Department
shall renew waivers relating to construction or physical plant standards issued
pursuant to
this Section at
the time of the indicated reviews, unless it can show why such waivers should
not be
extended for the following reasons:
(1) the condition of the physical plant has | ||
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(2) the hospital is renovated or substantially | ||
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A copy of each waiver application and each waiver granted or renewed shall be
on file with the Department and available for public inspection.
The Department shall advise hospitals of any applicable federal waivers about
which it is aware and for
which the hospital may apply.
In the event that the Department does not grant or renew a waiver
of a rule or standard, the Department must notify the hospital in writing
detailing the specific reasons for not granting or renewing the waiver and
must discuss possible options, if any, the hospital could take to
have the waiver approved.
This Section shall apply to both new and existing construction.
(Source: P.A. 92‑803, eff. 8‑16‑02; 93‑41, eff. 6‑27‑03.)
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(210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
Sec. 9.
Inspections and investigations.
The Department shall make or
cause
to be made such inspections and
investigations as it deems necessary. Information received by the
Department through filed reports, inspection, or as otherwise authorized
under this Act shall not be disclosed publicly in such manner as to
identify individuals or hospitals, except (i) in a proceeding involving the
denial, suspension, or revocation of a permit to establish a hospital or a
proceeding involving the denial, suspension, or revocation of a license to
open, conduct, operate, and maintain a hospital, (ii) to the Department of
Children and Family Services in the course of a child abuse or neglect
investigation conducted by that Department or by the Department of Public
Health, (iii) in accordance with Section 6.14a of this Act, or (iv)
in other circumstances as may be approved by the Hospital Licensing Board.
(Source: P.A. 90‑608, eff. 6‑30‑98; 91‑242, eff. 1‑1‑00.)
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(210 ILCS 85/9.1) (from Ch. 111 1/2, par. 150.1)
Sec. 9.1.
The Department shall regularly inspect each State mental health
and developmental disabilities institution under the jurisdiction of the
Department of Human Services to ascertain if the institution is complying with
the
regulations applicable to it. Such inspection shall be made at least annually,
and special inspections may be made at the discretion of the Director. The
results of every inspection shall be reported in writing to the Governor, the
Director of the Department, the General Assembly, and any permanent
mental health committee, board or commission that may be established
by the Governor or General Assembly.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(210 ILCS 85/9.2)
Sec. 9.2.
Disclosure.
Prior to conducting a survey of a hospital
operating under an approved waiver, equivalency, or other approval, a
surveyor must be made aware of the waiver, equivalency, or other
approval prior to entering the hospital. Prior to commencing an
inspection, the Department must provide the hospital with
documentation that the survey is being conducted, with consideration of
the relevant waiver, equivalency, or approval. After conducting the
survey, the Department must conduct a comprehensive exit interview
with designated hospital representatives
at which the hospital may present additional information
regarding findings.
(Source: P.A. 92‑803, eff. 8‑16‑02.)
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(210 ILCS 85/9.3)
Sec. 9.3.
Informal dispute resolution.
The Department must offer an
opportunity for informal dispute resolution concerning
Department rules
and standards before the advisory committee under subsection (b) of Section
2310‑560 of the Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois. Participants in this process must include
representatives from the Department, representatives of the hospital, and
additional representatives deemed appropriate by both parties with expertise
regarding the contested deficiencies and the management of health care
facilities. If the Department does not resolve disputed deficiencies after
the informal dispute resolution process, the Department must provide a written
explanation to the hospital of why the deficiencies have not been removed from
the statement of deficiencies.
(Source: P.A. 92‑803, eff. 8‑16‑02; 93‑41, eff. 6‑27‑03.)
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(210 ILCS 85/9.4)
Sec. 9.4.
Findings, conclusions, and citations.
The Department must
consider any factual information offered by the hospital during the survey,
inspection, or investigation, at daily status briefings, and in the exit
briefing required under Section 9.2 before making final findings and
conclusions or issuing citations. The Department must document receipt of such
information. The Department must provide the
hospital with written notice of its findings and conclusions within 10 days of
the exit briefing required under Section 9.2. This notice must provide the
following information: (i) identification of all deficiencies and areas of
noncompliance with applicable law; (ii) identification of the applicable
statutes, rules, codes, or standards that were violated; and (iii) the factual
basis for each deficiency or violation.
(Source: P.A. 93‑41, eff. 6‑27‑03.)
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(210 ILCS 85/9.5)
Sec. 9.5.
Reviewer quality improvement.
The Department must implement a
reviewer performance improvement program for hospital survey, inspection, and
investigation staff. The Department must also,
on a quarterly basis, assess whether
its surveyors, inspectors, and investigators: (i) apply the same protocols and
criteria consistently to substantially similar situations; (ii) reach similar
findings and conclusions when reviewing substantially similar situations; (iii)
conduct surveys, inspections, or investigations in a professional manner; and
(iv) comply with the provisions of this Act. The Department must also
implement continuing education programs for its surveyors, inspectors, and
investigators pursuant to the findings of the performance improvement
program.
(Source: P.A. 93‑41, eff. 6‑27‑03.)
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(210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
Sec. 10.
Board creation; Department rules.
(a) The Governor shall appoint a Hospital Licensing Board composed
of 14 persons, which shall advise and consult with the Director
in the administration of this Act. The Secretary of Human Services (or his
or her designee) shall serve on the Board, along with one additional
representative of the Department of Human Services to be designated by the
Secretary. Four appointive members shall represent
the general public and 2 of these shall be members of hospital governing
boards; one appointive member shall be a registered professional nurse or
advanced practice nurse as
defined in the Nursing and Advanced Practice Nursing Act, who is employed in a
hospital; 3 appointive
members shall be hospital administrators actively engaged in the supervision
or administration of hospitals; 2 appointive members shall be practicing
physicians, licensed in Illinois to practice medicine in all of its
branches; and one appointive member shall be a physician licensed to practice
podiatric medicine under the Podiatric Medical Practice Act of 1987;
and one appointive member shall be a
dentist licensed to practice dentistry under
the Illinois Dental Practice Act. In making Board appointments, the Governor shall give
consideration to recommendations made through the Director by professional
organizations concerned with hospital administration for the hospital
administrative and governing board appointments, registered professional
nurse organizations for the registered professional nurse appointment,
professional medical organizations for the physician appointments, and
professional dental organizations for the dentist appointment.
(b) Each appointive member shall hold office for a term of 3 years,
except that any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term and the terms of office of the
members first taking office shall expire, as designated at the time of
appointment, 2 at the end of the first year, 2 at the end of the second
year, and 3 at the end of the third year, after the date of appointment.
The initial terms of office of the 2 additional members representing the
general public provided for in this Section shall expire at the end of the
third year after the date of appointment. The term of office of each
original appointee shall commence July 1, 1953; the term of office of the
original registered professional nurse appointee shall commence July 1,
1969; the term of office of the original licensed podiatrist appointee shall
commence July 1, 1981; the term of office of the original dentist
appointee shall commence July 1, 1987; and the term of office of each
successor shall commence on July 1 of
the year in which his predecessor's term expires. Board members, while
serving on business of the Board, shall receive actual and necessary travel
and subsistence expenses while so serving away from their places of
residence. The Board shall meet as frequently as the Director deems
necessary, but not less than once a year. Upon request of 5 or more
members, the Director shall call a meeting of the Board.
(c) The Director shall prescribe rules, regulations, standards, and
statements of policy needed to implement, interpret, or make specific the
provisions and purposes of this Act. The Department shall adopt rules which
set forth standards for determining when the public interest, safety
or welfare requires emergency action in relation to termination of a research
program or experimental procedure conducted by a hospital licensed under
this Act. No rule, regulation, or standard shall
be adopted by the Department concerning the operation of hospitals licensed
under this Act which has not had prior approval of the Hospital Licensing
Board, nor shall the Department adopt any rule, regulation or standard
relating to the establishment of a hospital without consultation with the
Hospital Licensing Board.
(d) Within one year after the effective date of this amendatory Act
of 1984, all hospitals licensed under this Act and providing perinatal care
shall comply with standards of perinatal care promulgated by the Department.
The Director shall promulgate rules or regulations under this Act which
are consistent with "An Act relating to the prevention of developmental
disabilities", approved September 6, 1973, as amended.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑742, eff. 8‑13‑98.)
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(210 ILCS 85/10.1) (from Ch. 111 1/2, par. 151.1)
Sec. 10.1.
In connection with any application for a license or a renewal
thereof, the Department may request such information about the applicant's
internship or residency training program as may be necessary to establish
that the intern, resident, or physician is in compliance with the
requirements of paragraph (1)(a) or (2)(a) of subsection (A) of Section 11,
or Section 17, of the Medical Practice Act of 1987, in these respects.
(Source: P.A. 85‑1209.)
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(210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)
Sec. 10.2.
Because the candid and conscientious evaluation of
clinical practices is essential to the provision of adequate hospital care,
it is the policy of this State to encourage peer review by health care
providers. Therefore, no hospital and no individual who is a member, agent, or
employee of a hospital, hospital medical staff, hospital administrative
staff, or hospital governing board shall be liable for civil damages as a
result of the acts, omissions, decisions, or any other conduct, except those
involving wilful or wanton misconduct, of a medical
utilization committee, medical review committee, patient care audit
committee, medical care evaluation committee, quality review committee,
credential committee, peer review committee, or any other committee or
individual whose
purpose, directly or indirectly, is internal quality control or medical
study to reduce morbidity or mortality, or for improving patient care
within a hospital, or the improving or benefiting of patient care and
treatment, whether within a hospital or not, or for the purpose of
professional discipline including institution of a summary suspension
in accordance with Section 10.4 of this Act and the medical staff bylaws.
Nothing in this Section shall relieve any
individual or hospital from liability arising from treatment of a patient. Any
individual or hospital from liability arising from treatment of a patient.
For the purposes of this Section, "wilful and wanton misconduct" means a
course of action that shows actual or deliberate intention to harm or that, if
not intentional, shows an utter indifference to or conscious disregard for a
person's own safety and the safety of others.
(Source: P.A. 91‑448, eff. 8‑6‑99.)
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(210 ILCS 85/10.3) (from Ch. 111 1/2, par. 151.3)
Sec. 10.3.
No hospital shall allow any person to take part as a
student in a clinical training program of that hospital which is designed,
in whole or in part, to fulfill the requirements for licensure as a
physician unless that person is currently enrolled as a student in a
curriculum of a medical or osteopathic college or school which has been
approved as being reputable and in good standing by the Department of
Professional Regulation or is enrolled in a curriculum of a professional
school, college or institution teaching the treatment of human ailments
without drugs or medicines and without operative surgery which has been
approved as being reputable and in good standing by the Department of
Professional Regulation.
(Source: P.A. 85‑1209.)
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(210 ILCS 85/10.4)(from Ch. 111 1/2, par. 151.4)
(Text of Section from P.A. 93‑794) Sec. 10.4. Medical staff privileges.
(a) Any hospital licensed under this Act or any hospital organized under the
University of Illinois Hospital Act shall, prior to the granting of any medical
staff privileges to an applicant, or renewing a current medical staff member's
privileges, request of the Director of Professional Regulation information
concerning the licensure status and any disciplinary action taken against the
applicant's or medical staff member's license, except for medical personnel who
enter a hospital to obtain organs and tissues for transplant from a
donor in accordance with the Illinois Anatomical Gift Act. The
Director of
Professional Regulation shall transmit, in writing and in a timely fashion,
such information regarding the license of the applicant or the medical staff
member, including the record of imposition of any periods of
supervision or monitoring as a result of alcohol or
substance abuse, as provided by Section 23 of the Medical
Practice Act of 1987, and such information as may have been
submitted to the Department indicating that the application
or medical staff member has been denied, or has surrendered,
medical staff privileges at a hospital licensed under this
Act, or any equivalent facility in another state or
territory of the United States. The Director of Professional Regulation
shall define by rule the period for timely response to such requests.
No transmittal of information by the Director of Professional Regulation,
under this Section shall be to other than the president, chief
operating officer, chief administrative officer, or chief of
the medical staff of a hospital licensed under this Act, a
hospital organized under the University of Illinois Hospital Act, or a hospital
operated by the United States, or any of its instrumentalities. The
information so transmitted shall be afforded the same status
as is information concerning medical studies by Part 21 of Article VIII of the
Code of Civil Procedure, as now or hereafter amended.
(b) All hospitals licensed under this Act, except county hospitals as
defined in subsection (c) of Section 15‑1 of the Illinois Public Aid Code,
shall comply with, and the medical staff bylaws of these hospitals shall
include rules consistent with, the provisions of this Section in granting,
limiting, renewing, or denying medical staff membership and
clinical staff privileges. Hospitals that require medical staff members to
possess
faculty status with a specific institution of higher education are not required
to comply with subsection (1) below when the physician does not possess faculty
status.
(1) Minimum procedures for pre‑applicants and
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(A) Written procedures relating to the acceptance | ||
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(B) Written procedures to be followed in | ||
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(C) Written criteria to be followed in evaluating | ||
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(D) An evaluation of a pre‑applicant's or an | ||
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(E) A written response to each pre‑applicant or | ||
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(2) Minimum procedures with respect to medical staff | ||
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(A) A written notice of an adverse decision.
(B) An explanation of the reasons for an adverse | ||
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(C) A statement of the medical staff member's | ||
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(i) Nothing in this subparagraph (C) limits a | ||
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(ii) Nothing in this subparagraph (C) limits | ||
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(iii) If a hospital exercises its option to | ||
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(D) A statement of the member's right to inspect | ||
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(E) A statement of the member's right to present | ||
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(F) A written notice and written explanation of | ||
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(F‑5) A written notice of a final adverse | ||
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(G) Notice given 15 days before implementation of | ||
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(H) Nothing in this paragraph (2) of this | ||
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(3) Every adverse medical staff membership and | ||
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(4) As used in this Section:
"Adverse decision" means a decision reducing, | ||
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"Economic factor" means any information or reasons | ||
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"Pre‑applicant" means a physician licensed to | ||
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"Privilege" means permission to provide medical or | ||
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(5) Any amendment to medical staff bylaws required | ||
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(c) All hospitals shall consult with the medical staff prior to closing
membership in the entire or any portion of the medical staff or a department.
If
the hospital closes membership in the medical staff, any portion of the medical
staff, or the department over the objections of the medical staff, then the
hospital
shall provide a detailed written explanation for the decision to the medical
staff
10 days prior to the effective date of any closure. No applications need to be
provided when membership in the medical staff or any relevant portion of the
medical staff is closed.
(Source: P.A. 93‑794, eff. 7‑22‑04.)
(Text of Section from P.A. 93‑829)
Sec. 10.4. Medical staff privileges.
(a) Any hospital licensed under this Act or any hospital organized under the
University of Illinois Hospital Act shall, prior to the granting of any medical
staff privileges to an applicant, or renewing a current medical staff member's
privileges, request of the Director of Professional Regulation information
concerning the licensure status and any disciplinary action taken against the
applicant's or medical staff member's license, except: (1) for medical personnel who
enter a hospital to obtain organs and tissues for transplant from a deceased
donor in accordance with the Uniform Anatomical Gift Act; or (2) for medical personnel who have been granted disaster privileges pursuant to the procedures and requirements established by rules adopted by the Department. Any hospital and any employees of the hospital or others involved in granting privileges that, in good faith, grants disaster privileges pursuant to this Section to respond to an emergency shall not, as a result of his, her, or its acts or omissions, be liable for civil damages for granting or denying disaster privileges except in the event of willful and wanton misconduct, as that term is defined in Section 10.2 of this Act. Individuals granted privileges who provide care in an emergency situation, in good faith and without direct compensation, shall not, as a result of his or her acts or omissions, except for acts or omissions involving willful and wanton misconduct, as that term is defined in Section 10.2 of this Act, on the part of the person, be liable for civil damages. The Director of
Professional Regulation shall transmit, in writing and in a timely fashion,
such information regarding the license of the applicant or the medical staff
member, including the record of imposition of any periods of
supervision or monitoring as a result of alcohol or
substance abuse, as provided by Section 23 of the Medical
Practice Act of 1987, and such information as may have been
submitted to the Department indicating that the application
or medical staff member has been denied, or has surrendered,
medical staff privileges at a hospital licensed under this
Act, or any equivalent facility in another state or
territory of the United States. The Director of Professional Regulation
shall define by rule the period for timely response to such requests.
No transmittal of information by the Director of Professional Regulation,
under this Section shall be to other than the president, chief
operating officer, chief administrative officer, or chief of
the medical staff of a hospital licensed under this Act, a
hospital organized under the University of Illinois Hospital Act, or a hospital
operated by the United States, or any of its instrumentalities. The
information so transmitted shall be afforded the same status
as is information concerning medical studies by Part 21 of Article VIII of the
Code of Civil Procedure, as now or hereafter amended.
(b) All hospitals licensed under this Act, except county hospitals as
defined in subsection (c) of Section 15‑1 of the Illinois Public Aid Code,
shall comply with, and the medical staff bylaws of these hospitals shall
include rules consistent with, the provisions of this Section in granting,
limiting, renewing, or denying medical staff membership and
clinical staff privileges. Hospitals that require medical staff members to
possess
faculty status with a specific institution of higher education are not required
to comply with subsection (1) below when the physician does not possess faculty
status.
(1) Minimum procedures for pre‑applicants and | ||
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(A) Written procedures relating to the | ||
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||
(B) Written procedures to be followed in | ||
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||
(C) Written criteria to be followed in | ||
|
||
(D) An evaluation of a pre‑applicant's or an | ||
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||
(E) A written response to each pre‑applicant or | ||
|
||
(2) Minimum procedures with respect to medical staff | ||
|
||
(A) A written notice of an adverse decision.
(B) An explanation of the reasons for an adverse | ||
|
||
(C) A statement of the medical staff member's | ||
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||
(i) Nothing in this subparagraph (C) limits | ||
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||
(ii) Nothing in this subparagraph (C) limits | ||
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||
(iii) If a hospital exercises its option to | ||
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||
(D) A statement of the member's right to inspect | ||
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||
(E) A statement of the member's right to present | ||
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||
(F) A written notice and written explanation of | ||
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||
(F‑5) A written notice of a final adverse | ||
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(G) Notice given 15 days before implementation | ||
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(H) Nothing in this paragraph (2) of this | ||
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||
(3) Every adverse medical staff membership and | ||
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||
(4) As used in this Section:
"Adverse decision" means a decision reducing, | ||
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"Economic factor" means any information or reasons | ||
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||
"Pre‑applicant" means a physician licensed to | ||
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||
"Privilege" means permission to provide medical or | ||
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||
(5) Any amendment to medical staff bylaws required | ||
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(c) All hospitals shall consult with the medical staff prior to closing
membership in the entire or any portion of the medical staff or a department.
If
the hospital closes membership in the medical staff, any portion of the medical
staff, or the department over the objections of the medical staff, then the
hospital
shall provide a detailed written explanation for the decision to the medical
staff
10 days prior to the effective date of any closure. No applications need to be
provided when membership in the medical staff or any relevant portion of the
medical staff is closed.
(Source: P.A. 93‑829, eff. 7‑28‑04.)
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(210 ILCS 85/10.6)
Sec. 10.6.
Hospital merger; medical staff bylaws.
When one or more
hospitals combine or merge in any
manner that does not require any of the parties to the transaction to obtain a
new license under this Act, the medical staff bylaws of each individual
hospital shall remain in
effect until such time as the bylaws are amended according to the terms of the
bylaws.
This Section shall not apply to a county hospital as
defined in
subsection (c) of Section 15‑1 of the Illinois Public Aid Code.
(Source: P.A. 92‑731, eff. 7‑25‑02.)
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(210 ILCS 85/10.7)
Sec. 10.7.
Clinical privileges; advanced practice nurses.
All hospitals licensed under this Act shall comply with the following
requirements:
(1) No hospital policy, rule, regulation, or practice
shall be inconsistent
with the provision of adequate collaboration, including medical direction of
licensed advanced practice nurses, in accordance with Section 54.5 of the
Medical Practice Act of 1987.
(2) Operative surgical procedures shall be performed only by a physician
licensed to practice medicine in all its branches under the Medical Practice
Act of 1987, a dentist licensed under the Illinois Dental Practice Act, or a
podiatrist licensed under the Podiatric Medical Practice Act of 1987,
with medical staff membership and surgical clinical privileges granted at the
hospital. A licensed physician, dentist, or podiatrist may be assisted by a
physician licensed to practice medicine in all its branches, dentist, dental
assistant, podiatrist, licensed advanced practice nurse, licensed physician
assistant, licensed registered
nurse, licensed practical nurse, surgical
assistant, surgical technician, or other individuals granted clinical
privileges to assist in surgery
at the hospital.
Payment for services rendered by an assistant in surgery who is not a
hospital employee shall be paid
at the appropriate non‑physician modifier rate if the payor would have
made payment had the same services been provided by a physician.
(2.5) A registered nurse licensed under the Nursing and Advanced Practice Nursing Act and qualified by training and experience in operating room nursing shall be present in the operating room and function as the circulating nurse during all invasive or operative procedures. For purposes of this paragraph (2.5), "circulating nurse" means a registered nurse who is responsible for coordinating all nursing care, patient safety needs, and the needs of the surgical team in the operating room during an invasive or operative procedure.
(3) The anesthesia service shall be under the direction of a physician
licensed to practice
medicine in all its branches who has had specialized preparation or
experience in the area
or who has completed a residency in anesthesiology. An anesthesiologist, Board
certified or Board eligible, is recommended. Anesthesia services may
only be administered pursuant to the order of a physician licensed to practice
medicine in all its branches, licensed dentist, or licensed podiatrist.
(A) The individuals who, with clinical privileges
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(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine | ||
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(iii) a dentist with authority to administer | ||
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(iv) a licensed certified registered nurse | ||
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||
(B) For anesthesia services, an anesthesiologist | ||
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||
(C) A certified registered nurse anesthetist is not | ||
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(Source: P.A. 93‑352, eff. 1‑1‑04; 94‑915, eff. 1‑1‑07.)
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(210 ILCS 85/10.8)
Sec. 10.8.
Requirements for employment of physicians.
(a) Physician employment by hospitals and hospital affiliates. Employing
entities may
employ physicians to practice medicine in all of its branches provided that the
following
requirements are met:
(1) The employed physician is a member of the | ||
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(2) Independent physicians, who are not employed by | ||
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||
(3) The employing entity and the employed physician | ||
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||
(4) The employing entity shall establish a mutually | ||
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||
(b) Definitions. For the purpose of this Section:
"Employing entity" means a hospital licensed under the Hospital Licensing Act
or a hospital
affiliate.
"Employed physician" means a physician who receives an IRS W‑2 form, or any
successor
federal income tax form, from an employing entity.
"Hospital" means a hospital licensed under the Hospital Licensing Act, except
county hospitals as defined in subsection (c) of Section 15‑1 of the Public Aid
Code.
"Hospital affiliate" means a corporation, partnership, joint venture, limited
liability company,
or similar organization, other than a hospital, that is devoted primarily to
the provision, management,
or support of health care services and that directly or indirectly controls, is
controlled by, or is under
common control of the hospital. "Control" means having at least an equal or a
majority ownership
or membership interest. A hospital affiliate shall be 100% owned or controlled
by any combination
of hospitals, their parent corporations, or physicians licensed to practice
medicine in all its branches
in Illinois.
"Hospital affiliate" does not include a health maintenance
organization regulated under the Health Maintenance
Organization Act.
"Physician" means an individual licensed to practice medicine in all its
branches in Illinois.
"Professional judgment" means the exercise of a physician's independent
clinical judgment
in providing medically appropriate diagnoses, care, and treatment to a
particular patient at a
particular time. Situations in which an employing entity does not interfere
with an employed
physician's professional judgment include, without limitation, the following:
(1) practice restrictions based upon peer review of | ||
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||
(2) supervision of physicians by appropriately | ||
|
||
(3) written statements of ethical or religious | ||
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||
(4) reasonable referral restrictions that do not, | ||
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||
(c) Private enforcement. An employed physician aggrieved by a violation of
this Act may
seek to obtain an injunction or reinstatement of employment with the employing
entity as the court
may deem appropriate. Nothing in this Section limits or abrogates any common
law cause of action.
Nothing in this Section shall be deemed to alter the law of negligence.
(d) Department enforcement. The Department may enforce the provisions of
this Section,
but nothing in this Section shall require or permit the Department to license,
certify, or otherwise
investigate the activities of a
hospital affiliate not otherwise required to be licensed by the
Department.
(e) Retaliation prohibited. No employing entity shall retaliate against any
employed
physician for requesting a hearing or review under this Section.
No action may be taken that
affects
the ability of a physician to practice during this review, except in
circumstances
where the medical staff bylaws authorize summary suspension.
(f) Physician collaboration. No employing entity shall adopt or enforce,
either formally or
informally, any policy, rule, regulation, or practice inconsistent with
the provision of adequate
collaboration, including medical direction of licensed advanced practice
nurses or supervision
of licensed physician assistants and delegation to other personnel under
Section 54.5 of the Medical
Practice Act of 1987.
(g) Physician disciplinary actions. Nothing in this Section shall be
construed to limit or
prohibit the governing body of an employing entity or its medical staff, if
any, from taking
disciplinary actions against a physician as permitted by law.
(h) Physician review. Nothing in this Section shall be construed to prohibit
a hospital or
hospital affiliate from making a determination not to pay for a particular
health care service or to
prohibit a medical group, independent practice association, hospital medical
staff, or hospital
governing body from enforcing reasonable peer review or utilization review
protocols or determining
whether the employed physician complied with those protocols.
(i) Review. Nothing in this Section may be used or construed to establish
that any activity
of a hospital or hospital affiliate is subject to review under the Illinois
Health Facilities Planning Act.
(j) Rules. The Department shall adopt any
rules necessary to
implement this Section.
(Source: P.A. 92‑455, eff. 9‑30‑01.)
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(210 ILCS 85/10.9) Sec. 10.9. Nurse mandated overtime prohibited. (a) Definitions. As used in this Section: "Mandated overtime" means work that is required by the hospital in excess
of an agreed‑to, predetermined work shift. Time spent by nurses required to be available as a condition of employment in specialized units, such as surgical nursing services, shall not be counted or considered in calculating the amount of time worked for the purpose of applying the prohibition against mandated overtime under subsection (b). "Nurse" means any advanced practice nurse, registered
professional nurse, or licensed practical nurse, as defined in
the Nursing and Advanced Practice Nursing Act, who receives an hourly wage and has direct responsibility to oversee or carry
out nursing care. For the purposes of this Section, "advanced practice nurse" does not include a certified registered nurse anesthetist who is primarily engaged in performing the duties of a nurse anesthetist. "Unforeseen emergent circumstance" means (i) any declared
national, State, or municipal disaster or other catastrophic event, or any implementation of a hospital's disaster plan, that will substantially affect or increase the need for health
care services or (ii) any circumstance in which patient care needs require specialized nursing skills through the completion of a procedure. An "unforeseen emergent circumstance" does not include situations in which the hospital fails to have enough nursing staff to meet the usual and reasonably predictable nursing needs of its patients. (b) Mandated overtime prohibited. No nurse may be required
to work mandated overtime except in the case of an unforeseen emergent circumstance when such overtime is required only as a
last resort. Such mandated overtime shall not exceed 4 hours beyond an agreed‑to, predetermined work shift. (c) Off‑duty period. When a nurse is mandated to work up to 12 consecutive hours, the nurse must be allowed at least 8 consecutive hours of off‑duty time immediately following the completion of a shift. (d) Retaliation prohibited. No hospital may discipline, discharge, or take any other adverse employment action against a nurse solely because the nurse refused to work mandated overtime as prohibited under subsection (b). (e) Violations. Any employee of a hospital that is subject
to this Act may file a complaint with the Department of Public Health regarding an alleged violation of this Section. The complaint must be filed within 45 days following the occurrence of the incident giving rise to the alleged violation. The Department must forward notification of the alleged violation to the hospital in question within 3 business days after the complaint is filed. Upon receiving a complaint of a violation of this Section, the Department may take any action authorized under Section 7 or 9 of this Act. (f) Proof of violation. Any violation of this Section must
be proved by clear and convincing evidence that a nurse was required to work overtime against his or her will. The hospital may defeat the claim of a violation by presenting clear and convincing evidence that an unforeseen emergent circumstance, which required overtime work, existed at the time the employee was required or compelled to work.
(Source: P.A. 94‑349, eff. 7‑28‑05.)
(210 ILCS 85/11) (from Ch. 111 1/2, par. 152)
Sec. 11.
No hospital, nor any person connected with any hospital, shall
place children for adoption or for care in foster family homes, or shall
place children anywhere other than in the custody of their mothers, unless
the hospital shall also be licensed as a child welfare agency, pursuant to
the "Child Care Act", approved July 10, 1957, as amended, or unless the
written consent of the State Department of Children and Family Services be
first had and obtained; provided, that any hospital may release children
therefrom to a licensed child welfare agency.
(Source: Laws 1965, p. 3668.)
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(210 ILCS 85/11.1) (from Ch. 111 1/2, par. 152.1)
Sec. 11.1.
No hospital may refuse necessary treatment to a pregnant
woman in active labor whose life or safety would be threatened in the
absence of such treatment,
because she is unable to pay for medical services or because
she does not carry medical insurance. After providing services to such
woman, the hospital shall obtain payment from the woman or a third party source.
(Source: P.A. 84‑929.)
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(210 ILCS 85/11.2) (from Ch. 111 1/2, par. 152.2)
Sec. 11.2.
(a) Each hospital licensed under this Act shall allow a
recipient of blood to designate a donor of his choice for the purpose of
receiving red blood cells, under the following conditions:
(1) The recipient, or someone on his behalf, has solicited the donors;
(2) The designated donor consents to such donation;
(3) The designated donor's blood may be obtained in sufficient time to
meet the health care needs of the recipient;
(4) The designated donor is qualified to donate blood under the criteria
for donor selection promulgated by the Department of Public Health under
the Blood Labeling Act; and
(5) The blood of the donor is acceptable for the patient's medical needs.
(b) Blood donated for such designated use shall be reserved for the
designated recipient; however, if it has not been used within 7 days from
the day of donation, it may be used for any other medically appropriate
purpose.
(c) This Section shall not limit other procedures hospitals may
establish to enable directed donations.
(Source: P.A. 86‑719.)
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(210 ILCS 85/11.3) (from Ch. 111 1/2, par. 152.3)
Sec. 11.3.
No hospital shall
require any patient or any member of the patient's family to write or to sign
any document during those times when the religious tenets of such person
temporarily prohibit him or her from performing the acts of writing or
signing. The patient or
the member of the patient's family shall agree to supply written
information required by the hospital and to sign any necessary documents as
soon as the religious tenets of such person no longer prohibit the acts of
writing or signing.
(Source: P.A. 85‑1209.)
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(210 ILCS 85/11.4)
Sec. 11.4.
Disposition of fetus.
A hospital having custody of a fetus
following a spontaneous fetal demise occurring after a gestation period of less
than 20 completed weeks must notify the mother
of her right to arrange for
the burial or cremation of the fetus.
Notification may also include other options such as, but not limited to, a
ceremony, a certificate, or common burial of fetal tissue. If, within 24 hours
after being notified
under this Section, the mother elects in writing to arrange for the burial or
cremation of the fetus, the disposition of the fetus shall be subject to the
same laws and rules that apply in the case of a fetal death that occurs in this
State after a gestation period of 20 completed weeks or more. The
Department of Public Health shall develop forms to be used for notifications
and elections under this Section
and hospitals shall provide the forms to
the mother.
(Source: P.A. 92‑348, eff. 1‑1‑02.)
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(210 ILCS 85/11.5)
Sec. 11.5. Uniform standards of obstetrical care regardless of
ability to pay.
(a) No hospital may promulgate policies or implement practices that determine
differing standards of obstetrical care based upon a patient's source of
payment or ability
to pay for medical services.
(b) Each hospital shall develop a written policy statement reflecting the
requirements of subsection (a) and shall post written notices of this policy in
the obstetrical admitting areas of the hospital by July 1, 2004. Notices
posted pursuant to this Section shall be posted in the predominant language or
languages spoken in the hospital's service area.
(Source: P.A. 93‑981, eff. 8‑23‑04.)
(210 ILCS 85/12) (from Ch. 111 1/2, par. 153)
Sec. 12.
The Department shall prepare an annual report of its activities
and operations under this Act.
(Source: Laws 1953, p. 811.)
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(210 ILCS 85/13) (from Ch. 111 1/2, par. 154)
Sec. 13.
Whenever the Department refuses to grant, or revokes or suspends a
permit to establish a hospital, or a license to open, conduct, operate, or
maintain a hospital, the applicant or licensee may have such decision
judicially reviewed. The provisions of the Administrative Review Law, as
heretofore or hereafter amended, and the rules
adopted pursuant thereto shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Department
hereunder. The term "administrative decisions"
is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.)
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(210 ILCS 85/14) (from Ch. 111 1/2, par. 155)
Sec. 14.
Any person establishing a hospital without a permit issued pursuant to
this Act, or any person opening, conducting, operating or maintaining any
hospital without a license issued pursuant to this Act shall be guilty of a
petty offense, and each day of a continuing violation after conviction
shall be considered a separate offense. The State's Attorneys of the
several counties shall represent the People of the State of Illinois in
proceedings under this Act in their respective counties.
(Source: P. A. 77‑2576.)
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(210 ILCS 85/15) (from Ch. 111 1/2, par. 156)
Sec. 15.
Notwithstanding the existence or pursuit of any other remedy, the
Director may, in the manner provided by law, upon the advice of the
Attorney General who shall represent the Director in the proceedings,
maintain an action in the name of the State for injunction or other process
against any person or governmental unit to restrain or prevent the
establishment of a hospital without a permit issued pursuant to this Act,
or to restrain or prevent the opening, conducting, operating, or
maintaining of a hospital without a license issued pursuant to this Act.
(Source: Laws 1965, p. 2350.)
|
(210 ILCS 85/16) (from Ch. 111 1/2, par. 157)
Sec. 16.
If any provision of this Act or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the
provisions or application of this Act which can be given effect without the
invalid provision or application, and to this end the provisions of the Act
are declared to be severable.
(Source: Laws 1953, p. 811.)
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