Bill Text: IL HB3772 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Adverse Health Care Events Reporting Law of 2005. Includes additional reporting provisions if a health care facility implements a corrective action plan to address the findings of a root cause analysis of an adverse health care event. Sets forth provisions concerning the actions that the Department of Public Health shall take concerning an adverse health care event. Sets forth a provision concerning violations of the Law.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3772 Detail]

Download: Illinois-2011-HB3772-Amended.html

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Rep. Mary E. Flowers

Filed: 3/2/2012

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AMENDMENT TO HOUSE BILL 3772
AMENDMENT NO. ______. Amend House Bill 3772 on page 1, line
5, by replacing "10-20" with "10-15, 10-20,"; and
on page 1, immediately below line 6, by inserting the
following:
"(410 ILCS 522/10-15)
Sec. 10-15. Health care facility requirements to report,
analyze, and correct.
(a) Reports of adverse health care events required. Each
health care facility shall report to the Department the
occurrence of any of the adverse health care events described
in subsections (b) through (g) no later than 30 days after
discovery of the event. The report shall be filed in a format
specified by the Department and shall identify the health care
facility, but shall not include any information identifying or
that tends to identify any of the health care professionals,

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employees, or patients involved.
(a-5) Revisions of the listing of events. The Department
may by rule revise the listing of events reportable under this
Act to conform with the latest National Quality Forum
guidelines.
(b) Surgical events. Events reportable under this
subsection are:
(1) Surgery performed on a wrong body part that is not
consistent with the documented informed consent for that
patient. Reportable events under this clause do not include
situations requiring prompt action that occur in the course
of surgery or situations whose urgency precludes obtaining
informed consent.
(2) Surgery performed on the wrong patient.
(3) The wrong surgical procedure performed on a patient
that is not consistent with the documented informed consent
for that patient. Reportable events under this clause do
not include situations requiring prompt action that occur
in the course of surgery or situations whose urgency
precludes obtaining informed consent.
(4) Retention of a foreign object in a patient after
surgery or other procedure, excluding objects
intentionally implanted as part of a planned intervention
and objects present prior to surgery that are intentionally
retained.
(5) Death during or immediately after surgery of a

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normal, healthy patient who has no organic, physiologic,
biochemical, or psychiatric disturbance and for whom the
pathologic processes for which the operation is to be
performed are localized and do not entail a systemic
disturbance.
(c) Product or device events. Events reportable under this
subsection are:
(1) Patient death or serious disability associated
with the use of contaminated drugs, devices, or biologics
provided by the health care facility when the contamination
is the result of generally detectable contaminants in
drugs, devices, or biologics regardless of the source of
the contamination or the product.
(2) Patient death or serious disability associated
with the use or function of a device in patient care in
which the device is used or functions other than as
intended. "Device" includes, but is not limited to,
catheters, drains, and other specialized tubes, infusion
pumps, and ventilators.
(3) Patient death or serious disability associated
with intravascular air embolism that occurs while being
cared for in a health care facility, excluding deaths
associated with neurosurgical procedures known to present
a high risk of intravascular air embolism.
(d) Patient protection events. Events reportable under
this subsection are:

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(1) An infant discharged to the wrong person.
(2) Patient death or serious disability associated
with patient disappearance for more than 4 hours, excluding
events involving adults who have decision-making capacity.
(3) Patient suicide or attempted suicide resulting in
serious disability while being cared for in a health care
facility due to patient actions after admission to the
health care facility, excluding deaths resulting from
self-inflicted injuries that were the reason for admission
to the health care facility.
(e) Care management events. Events reportable under this
subsection are:
(1) Patient death or serious disability associated
with a medication error, including, but not limited to,
errors involving the wrong drug, the wrong dose, the wrong
patient, the wrong time, the wrong rate, the wrong
preparation, or the wrong route of administration,
excluding reasonable differences in clinical judgment on
drug selection and dose.
(2) Patient death or serious disability associated
with a hemolytic reaction due to the administration of
ABO-incompatible blood or blood products.
(3) Maternal death or serious disability associated
with labor or delivery in a low-risk pregnancy while being
cared for in a health care facility, excluding deaths from
pulmonary or amniotic fluid embolism, acute fatty liver of

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pregnancy, or cardiomyopathy.
(4) Patient death or serious disability directly
related to hypoglycemia, the onset of which occurs while
the patient is being cared for in a health care facility
for a condition unrelated to hypoglycemia.
(f) Environmental events. Events reportable under this
subsection are:
(1) Patient death or serious disability associated
with an electric shock while being cared for in a health
care facility, excluding events involving planned
treatments such as electric countershock.
(2) Any incident in which a line designated for oxygen
or other gas to be delivered to a patient contains the
wrong gas or is contaminated by toxic substances.
(3) Patient death or serious disability associated
with a burn incurred from any source while being cared for
in a health care facility that is not consistent with the
documented informed consent for that patient. Reportable
events under this clause do not include situations
requiring prompt action that occur in the course of surgery
or situations whose urgency precludes obtaining informed
consent.
(4) Patient death associated with a fall while being
cared for in a health care facility.
(5) Patient death or serious disability associated
with the use of restraints or bedrails while being cared

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for in a health care facility.
(g) Physical security events. Events reportable under this
subsection are:
(1) Any instance of care ordered by or provided by
someone impersonating a physician, nurse, pharmacist, or
other licensed health care provider.
(2) Abduction of a patient of any age.
(3) Sexual assault on a patient within or on the
grounds of a health care facility.
(4) Death or significant injury of a patient or staff
member resulting from a physical assault that occurs within
or on the grounds of a health care facility.
(h) Definitions. As used in this Section 10-15:
"Death" means patient death related to an adverse event
and not related solely to the natural course of the patient's
illness or underlying condition. Events otherwise reportable
under this Section 10-15 shall be reported even if the death
might have otherwise occurred as the natural course of the
patient's illness or underlying condition.
"Serious disability" means a physical or mental
impairment, including loss of a body part, related to an
adverse event and not related solely to the natural course of
the patient's illness or underlying condition, that
substantially limits one or more of the major life activities
of an individual or a loss of bodily function, if the
impairment or loss lasts more than 7 days prior to discharge or

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is still present at the time of discharge from an inpatient
health care facility.
(Source: P.A. 94-242, eff. 7-18-05.)".