Bill Text: IL SB2460 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Trauma Center Medical Directors or the Trauma Center Medical Directors Committee shall consider Level III Trauma Centers in the types of facilities that can care for certain patients. Provides that Level II and Level III Trauma Centers shall have some essential services available in-house, 24 hours per day and other essential services readily available. Provides that the Department of Public Health shall have the authority to establish and enforce minimum standards for designation and re-designation of 3 levels of trauma centers that meet trauma center national standards. Provides that the Department shall renew trauma center designations every 4 years (instead of every 2 years). Creates provisions concerning Level III Trauma Center and Acute Injury Stabilization Center minimum standards. Authorizes the Department to impose fines on Acute Injury Stabilization Centers. Prohibits facilities from holding themselves out as Acute Injury Stabilization Centers without first obtaining that designation. Requires the Department to appoint an advisory council that shall be charged with making recommendations for pediatric care needs. Removes provisions concerning certain grants from the Department to EMS systems and trauma centers. Requires the Department to designate applicant hospitals that meet the minimum standards established by the Department for pediatric emergency and critical care capabilities. Makes changes to the membership of the State Trauma Advisory Council. Amends the Freedom of Information Act to exempt from disclosure certain information received by the Department. Makes other changes. Effective 270 days after becoming law.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2016-07-31 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2460 Detail]

Download: Illinois-2015-SB2460-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2460 Introduced 2/9/2016, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
See Index
Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Trauma Center Medical Directors or the Trauma Center Medical Directors Committee shall consider Level III Trauma Centers in the types of facilities that can care for certain patients. Provides that Level II and Level III Trauma Centers shall have some essential services available in-house, 24 hours per day and other essential services readily available. Provides that the Department of Public Health shall have the authority to establish and enforce minimum standards for designation and re-designation of 3 levels of trauma centers that meet trauma center national standards. Provides that the Department shall renew trauma center designations every 4 years (instead of every 2 years). Creates provisions concerning Level III Trauma Center and Acute Injury Stabilization Center minimum standards. Authorizes the Department to impose fines on Acute Injury Stabilization Centers. Prohibits facilities from holding themselves out as Acute Injury Stabilization Centers without first obtaining that designation. Requires the Department to appoint an advisory council that shall be charged with making recommendations for pediatric care needs. Removes provisions concerning certain grants from the Department to EMS systems and trauma centers. Requires the Department to designate applicant hospitals that meet the minimum standards established by the Department for pediatric emergency and critical care capabilities. Makes changes to the membership of the State Trauma Advisory Council. Amends the Freedom of Information Act to exempt from disclosure certain information received by the Department. Makes other changes. Effective 270 days after becoming law.
LRB099 18151 RPS 42518 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2460 LRB099 18151 RPS 42518 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

SB2460 - 2 - LRB099 18151 RPS 42518 b
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.

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(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of

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the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability and Portability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied

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for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services

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Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) (bb) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is exempted from disclosure
under Section 3.90 of the Emergency Medical Services (EMS)
Systems Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
revised 10-14-15.)
Section 10. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.30, 3.90, 3.95, 3.100,
3.105, 3.110, 3.115, 3.140, and 3.205 and by adding Sections
3.101, 3.102, and 3.107 as follows:
(210 ILCS 50/3.30)
Sec. 3.30. EMS Region Plan; Content.
(a) The EMS Medical Directors Committee shall address at
least the following:
(1) Protocols for inter-System/inter-Region patient

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transports, including identifying the conditions of
emergency patients which may not be transported to the
different levels of emergency department, based on their
Department classifications and relevant Regional
considerations (e.g. transport times and distances);
(2) Regional standing medical orders;
(3) Patient transfer patterns, including criteria for
determining whether a patient needs the specialized
services of a trauma center, along with protocols for the
bypassing of or diversion to any hospital, trauma center or
regional trauma center which are consistent with
individual System bypass or diversion protocols and
protocols for patient choice or refusal;
(4) Protocols for resolving Regional or Inter-System
conflict;
(5) An EMS disaster preparedness plan which includes
the actions and responsibilities of all EMS participants
within the Region. An Within 90 days of the effective date
of this amendatory Act of 1996, an EMS System shall submit
to the Department for review an internal disaster plan. At
a minimum, the plan shall include contingency plans for the
transfer of patients to other facilities if an evacuation
of the hospital becomes necessary due to a catastrophe,
including but not limited to, a power failure;
(6) Regional standardization of continuing education
requirements;

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(7) Regional standardization of Do Not Resuscitate
(DNR)/POLST policies, and protocols for power of attorney
for health care;
(8) Protocols for disbursement of Department grants;
(9) Protocols for the triage, treatment, and transport
of possible acute stroke patients; and
(10) Regional standing medical orders for the
administration of opioid antagonists.
(b) The Trauma Center Medical Directors or Trauma Center
Medical Directors Committee shall address at least the
following:
(1) The identification of Regional Trauma Centers;
(2) Protocols for inter-System and inter-Region trauma
patient transports, including identifying the conditions
of emergency patients which may not be transported to the
different levels of emergency department, based on their
Department classifications and relevant Regional
considerations (e.g. transport times and distances);
(3) Regional trauma standing medical orders;
(4) Trauma patient transfer patterns, including
criteria for determining whether a patient needs the
specialized services of a trauma center, along with
protocols for the bypassing of or diversion to any
hospital, trauma center or regional trauma center which are
consistent with individual System bypass or diversion
protocols and protocols for patient choice or refusal;

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(5) The identification of which types of patients can
be cared for by Level I Trauma Centers, and Level II Trauma
Centers, and Level III Trauma Centers;
(6) Criteria for inter-hospital transfer of trauma
patients;
(7) The treatment of trauma patients in each trauma
center within the Region;
(8) A program for conducting a quarterly conference
which shall include at a minimum a discussion of morbidity
and mortality between all professional staff involved in
the care of trauma patients;
(9) The establishment of a Regional trauma quality
assurance and improvement subcommittee, consisting of
trauma surgeons, which shall perform periodic medical
audits of each trauma center's trauma services, and forward
tabulated data from such reviews to the Department; and
(10) The establishment, within 90 days of the effective
date of this amendatory Act of 1996, of an internal
disaster plan, which shall include, at a minimum,
contingency plans for the transfer of patients to other
facilities if an evacuation of the hospital becomes
necessary due to a catastrophe, including but not limited
to, a power failure.
(c) The Region's EMS Medical Directors and Trauma Center
Medical Directors Committees shall appoint any subcommittees
which they deem necessary to address specific issues concerning

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Region activities.
(Source: P.A. 99-480, eff. 9-9-15.)
(210 ILCS 50/3.90)
Sec. 3.90. Trauma Center Designations.
(a) "Trauma Center" means a hospital which: (1) within
designated capabilities provides optimal care to trauma
patients; (2) participates in an approved EMS System; and (3)
is duly designated pursuant to the provisions of this Act.
Level I Trauma Centers shall provide all essential services
in-house, 24 hours per day, in accordance with rules adopted by
the Department pursuant to this Act. Level II and Level III
Trauma Centers shall have some essential services available
in-house, 24 hours per day, and other essential services
readily available, 24 hours per day, in accordance with rules
adopted by the Department pursuant to this Act.
(a-5) An Acute Injury Stabilization Center shall have a
basic or comprehensive emergency department capable of initial
management and transfer of the acutely injured in accordance
with rules adopted by the Department pursuant to this Act.
(b) The Department shall have the authority and
responsibility to:
(1) Establish and enforce minimum standards for
designation and re-designation of 3 levels of trauma
centers that meet trauma center national standards, as
modified by the Department in administrative rules as a

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Level I or Level II Trauma Center, consistent with Sections
22 and 23 of this Act, through rules adopted pursuant to
this Act;
(2) Require hospitals applying for trauma center
designation to submit a plan for designation in a manner
and form prescribed by the Department through rules adopted
pursuant to this Act;
(3) Upon receipt of a completed plan for designation,
conduct a site visit to inspect the hospital for compliance
with the Department's minimum standards. Such visit shall
be conducted by specially qualified personnel with
experience in the delivery of emergency medical and/or
trauma care. A report of the inspection shall be provided
to the Director within 30 days of the completion of the
site visit. The report shall note compliance or lack of
compliance with the individual standards for designation,
but shall not offer a recommendation on granting or denying
designation;
(4) Designate applicant hospitals as Level I, or Level
II, or Level III Trauma Centers which meet the minimum
standards established by this Act and the Department. The
Beginning September 1, 1997 the Department shall designate
a new trauma center only when a local or regional need for
such trauma center has been identified. The Department
shall request an assessment of local or regional need from
the applicable EMS Region's Trauma Center Medical

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Directors Committee, with advice from the Regional Trauma
Advisory Committee. This shall not be construed as a needs
assessment for health planning or other purposes outside of
this Act;
(5) Attempt to designate trauma centers in all areas of
the State. There shall be at least one Level I Trauma
Center serving each EMS Region, unless waived by the
Department. This subsection shall not be construed to
require a Level I Trauma Center to be located in each EMS
Region. Level I Trauma Centers shall serve as resources for
the Level II and Level III Trauma Centers and Acute Injury
Stabilization Centers in the EMS Regions. The extent of
such relationships shall be defined in the EMS Region Plan;
(6) Inspect designated trauma centers to assure
compliance with the provisions of this Act and the rules
adopted pursuant to this Act. Information received by the
Department through filed reports, inspection, or as
otherwise authorized under this Act shall not be disclosed
publicly or through a request under the Freedom of
Information Act in such a manner as to identify individuals
or hospitals, except in proceedings involving the denial,
suspension or revocation of a trauma center designation or
imposition of a fine on a trauma center;
(7) Renew trauma center designations every 4 2 years,
after an on-site inspection, based on compliance with
renewal requirements and standards for continuing

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operation, as prescribed by the Department through rules
adopted pursuant to this Act;
(8) Refuse to issue or renew a trauma center
designation, after providing an opportunity for a hearing,
when findings show that it does not meet the standards and
criteria prescribed by the Department;
(9) Review and determine whether a trauma center's
annual morbidity and mortality rates for trauma patients
significantly exceed the State average for such rates,
using a uniform recording methodology based on nationally
recognized standards. Such determination shall be
considered as a factor in any decision by the Department to
renew or refuse to renew a trauma center designation under
this Act, but shall not constitute the sole basis for
refusing to renew a trauma center designation;
(10) Take the following action, as appropriate, after
determining that a trauma center is in violation of this
Act or any rule adopted pursuant to this Act:
(A) If the Director determines that the violation
presents a substantial probability that death or
serious physical harm will result and if the trauma
center fails to eliminate the violation immediately or
within a fixed period of time, not exceeding 10 days,
as determined by the Director, the Director may
immediately revoke the trauma center designation. The
trauma center may appeal the revocation within 15 days

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after receiving the Director's revocation order, by
requesting a hearing as provided by Section 29 of this
Act. The Director shall notify the chair of the
Region's Trauma Center Medical Directors Committee and
EMS Medical Directors for appropriate EMS Systems of
such trauma center designation revocation;
(B) If the Director determines that the violation
does not present a substantial probability that death
or serious physical harm will result, the Director
shall issue a notice of violation and request a plan of
correction which shall be subject to the Department's
approval. The trauma center shall have 10 days after
receipt of the notice of violation in which to submit a
plan of correction. The Department may extend this
period for up to 30 days. The plan shall include a
fixed time period not in excess of 90 days within which
violations are to be corrected. The plan of correction
and the status of its implementation by the trauma
center shall be provided, as appropriate, to the EMS
Medical Directors for appropriate EMS Systems. If the
Department rejects a plan of correction, it shall send
notice of the rejection and the reason for the
rejection to the trauma center. The trauma center shall
have 10 days after receipt of the notice of rejection
in which to submit a modified plan. If the modified
plan is not timely submitted, or if the modified plan

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is rejected, the trauma center shall follow an approved
plan of correction imposed by the Department. If, after
notice and opportunity for hearing, the Director
determines that a trauma center has failed to comply
with an approved plan of correction, the Director may
suspend or revoke the trauma center designation. The
trauma center shall have 15 days after receiving the
Director's notice in which to request a hearing. Such
hearing shall conform to the provisions of Section
3.135 30 of this Act;
(11) The Department may delegate authority to local
health departments in jurisdictions which include a
substantial number of trauma centers. The delegated
authority to those local health departments shall include,
but is not limited to, the authority to designate trauma
centers with final approval by the Department, maintain a
regional data base with concomitant reporting of trauma
registry data, and monitor, inspect and investigate trauma
centers within their jurisdiction, in accordance with the
requirements of this Act and the rules promulgated by the
Department;
(A) The Department shall monitor the performance
of local health departments with authority delegated
pursuant to this Section, based upon performance
criteria established in rules promulgated by the
Department;

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(B) Delegated authority may be revoked for
substantial non-compliance with this Act or the
Department's rules. Notice of an intent to revoke shall
be served upon the local health department by certified
mail, stating the reasons for revocation and offering
an opportunity for an administrative hearing to
contest the proposed revocation. The request for a
hearing must be in writing and received by the
Department within 10 working days of the local health
department's receipt of notification;
(C) The director of a local health department may
relinquish its delegated authority upon 60 days
written notification to the Director of Public Health.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.95)
Sec. 3.95. Level I Trauma Center Minimum Standards. The
Department shall establish, through rules adopted pursuant to
this Act, standards for Level I Trauma Centers which shall
include, but need not be limited to:
(a) The designation by the trauma center of a Trauma Center
Medical Director and specification of his qualifications;
(b) The types of surgical services the trauma center must
have available for trauma patients, including but not limited
to a twenty-four hour in-house surgeon with operating
privileges and ancillary staff necessary for immediate

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surgical intervention;
(c) The types of nonsurgical services the trauma center
must have available for trauma patients;
(d) The numbers and qualifications of emergency medical
personnel;
(e) The types of equipment that must be available to trauma
patients;
(f) Requiring the trauma center to be affiliated with an
EMS System;
(g) Requiring the trauma center to have a communications
system that is fully integrated with all Level II Trauma
Centers, Level III Trauma Centers, Acute Injury Stabilization
Centers, and EMS Systems with which it is affiliated;
(h) The types of data the trauma center must collect and
submit to the Department relating to the trauma services it
provides. Such data may include information on post-trauma care
directly related to the initial traumatic injury provided to
trauma patients until their discharge from the facility and
information on discharge plans;
(i) Requiring the trauma center to have helicopter landing
capabilities approved by appropriate State and federal
authorities, if the trauma center is located within a
municipality having a population of less than two million
people; and
(j) Requiring written agreements with Level II Trauma
Centers, Level III Trauma Centers, and Acute Injury

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Stabilization Centers in the EMS Regions it serves, executed
within a reasonable time designated by the Department.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.100)
Sec. 3.100. Level II Trauma Center Minimum Standards. The
Department shall establish, through rules adopted pursuant to
this Act, standards for Level II Trauma Centers which shall
include, but need not be limited to:
(a) The designation by the trauma center of a Trauma Center
Medical Director and specification of his qualifications;
(b) The types of surgical services the trauma center must
have available for trauma patients. The Department shall not
require the availability of all surgical services required of
Level I Trauma Centers;
(c) The types of nonsurgical services the trauma center
must have available for trauma patients;
(d) The numbers and qualifications of emergency medical
personnel, taking into consideration the more limited trauma
services available in a Level II Trauma Center;
(e) The types of equipment that must be available for
trauma patients;
(f) Requiring the trauma center to have a written agreement
with a Level I Trauma Centers, Level III Trauma Centers, and
Acute Injury Stabilization Centers Center serving the EMS
Region outlining their respective responsibilities in

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providing trauma services, executed within a reasonable time
designated by the Department, unless the requirement for a
Level I Trauma Center to serve that EMS Region has been waived
by the Department;
(g) Requiring the trauma center to be affiliated with an
EMS System;
(h) Requiring the trauma center to have a communications
system that is fully integrated with the Level I Trauma
Centers, Level III Trauma Centers, Acute Injury Stabilization
Centers, and the EMS Systems with which it is affiliated;
(i) The types of data the trauma center must collect and
submit to the Department relating to the trauma services it
provides. Such data may include information on post-trauma care
directly related to the initial traumatic injury provided to
trauma patients until their discharge from the facility and
information on discharge plans;
(j) Requiring the trauma center to have helicopter landing
capabilities approved by appropriate State and federal
authorities, if the trauma center is located within a
municipality having a population of less than two million
people.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.101 new)
Sec. 3.101. Level III Trauma Center minimum standards. The
Department shall establish, through rules adopted pursuant to

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this Act, standards for Level III Trauma Centers which shall
include, but need not be limited to:
(1) the designation by the trauma center of a Trauma
Center Medical Director and specification of his or her
qualifications;
(2) the types of surgical services the trauma center
must have available for trauma patients; the Department
shall not require the availability of all surgical services
required of Level I or Level II Trauma Centers;
(3) the types of nonsurgical services the trauma center
must have available for trauma patients;
(4) the numbers and qualifications of emergency
medical personnel, taking into consideration the more
limited trauma services available in a Level III Trauma
Center;
(5) the types of equipment that must be available for
trauma patients;
(6) requiring the trauma center to have a written
agreement with Level I Trauma Centers, Level II Trauma
Centers, and Acute Injury Stabilization Centers serving
the EMS Region outlining their respective responsibilities
in providing trauma services, executed within a reasonable
time designated by the Department, unless the requirement
for a Level I Trauma Center to serve that EMS Region has
been waived by the Department;
(7) requiring the trauma center to be affiliated with

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an EMS System;
(8) requiring the trauma center to have a
communications system that is fully integrated with the
Level I Trauma Centers, Level II Trauma Centers, Acute
Injury Stabilization Centers, and the EMS Systems with
which it is affiliated;
(9) the types of data the trauma center must collect
and submit to the Department relating to the trauma
services it provides; such data may include information on
post-trauma care directly related to the initial traumatic
injury provided to trauma patients until their discharge
from the facility and information on discharge plans; and
(10) requiring the trauma center to have helicopter
landing capabilities approved by appropriate State and
federal authorities, if the trauma center is located within
a municipality having a population of less than 2,000,000
people.
(210 ILCS 50/3.102 new)
Sec. 3.102. Acute Injury Stabilization Center minimum
standards. The Department shall establish, through rules
adopted pursuant to this Act, standards for Acute Injury
Stabilization Centers which shall include, but need not be
limited to, Comprehensive or Basic Emergency Department
services pursuant to the Hospital Licensing Act.

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(210 ILCS 50/3.105)
Sec. 3.105. Trauma Center Misrepresentation. No After the
effective date of this amendatory Act of 1995, no facility
shall use the phrase "trauma center" or words of similar
meaning in relation to itself or hold itself out as a trauma
center without first obtaining designation pursuant to this
Act.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.107 new)
Sec. 3.107. Acute injury Stabilization Center
Misrepresentation. No facility shall use the phrase "acute
injury stabilization center" or words of similar meaning in
relation to itself or hold itself out as an Acute Injury
Stabilization Center without first obtaining designation
pursuant to this Act.
(210 ILCS 50/3.110)
Sec. 3.110. EMS system and trauma center confidentiality
and immunity.
(a) All information contained in or relating to any medical
audit performed of a trauma center's trauma services or an
Acute Injury Stabilization Center pursuant to this Act or by an
EMS Medical Director or his designee of medical care rendered
by System personnel, shall be afforded the same status as is
provided information concerning medical studies in Article

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VIII, Part 21 of the Code of Civil Procedure. Disclosure of
such information to the Department pursuant to this Act shall
not be considered a violation of Article VIII, Part 21 of the
Code of Civil Procedure.
(b) Hospitals, trauma centers and individuals that perform
or participate in medical audits pursuant to this Act shall be
immune from civil liability to the same extent as provided in
Section 10.2 of the Hospital Licensing Act.
(c) All information relating to the State Emergency Medical
Services Disciplinary Review Board or a local review board,
except final decisions, shall be afforded the same status as is
provided information concerning medical studies in Article
VIII, Part 21 of the Code of Civil Procedure. Disclosure of
such information to the Department pursuant to this Act shall
not be considered a violation of Article VIII, Part 21 of the
Code of Civil Procedure.
(Source: P.A. 92-651, eff. 7-11-02.)
(210 ILCS 50/3.115)
Sec. 3.115. Pediatric Care; Emergency Medical Services for
Children (EMSC) Trauma. The Upon the availability of federal
funds for pediatric care demonstration projects, the
Department shall:
(a) Appoint an advisory council, with membership composed
of individuals or entities chosen by the Director, that shall
Convene a work group which will be charged with making

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recommendations for conducting a needs assessment of pediatric
trauma care needs and with developing strategies to address
correct areas of need, as defined by rules adopted by the
Department;
(b) (Blank); Contract with the University of Illinois
School of Public Health to develop a secondary prevention
program for parents;
(c) Develop or promote recommendations for Contract with an
Illinois medical school to develop training and continuing
medical education, treatment guidelines, and other programs
for health care practitioners and organizations involved
physicians and nurses in treatment of pediatric care trauma;
(d) (Blank); Contract with an Illinois medical school to
develop and test triage and field scoring for pediatric trauma
if the needs assessment by the work group indicates that
current scoring is inadequate;
(e) Support existing pediatric care trauma programs and
assist in establishing new pediatric care initiatives trauma
programs throughout the State;
(f) (Blank); Provide grants to EMS systems for special
pediatric equipment for prehospital care based on needs
identified by the work group; and
(g) (Blank); and Provide grants to EMS systems and trauma
centers for specialized training in pediatric trauma based on
needs identified by the work group.
(h) Designate applicant hospitals that meet the minimum

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standards established by the Department for pediatric
emergency and critical care capabilities.
(Source: P.A. 89-177, eff. 7-19-95.)
(210 ILCS 50/3.140)
Sec. 3.140. Violations; Fines.
(a) The Department shall have the authority to impose fines
on any licensed vehicle service provider, stretcher van
provider, designated trauma center, Acute Injury Stabilization
Center, resource hospital, associate hospital, or
participating hospital.
(b) The Department shall adopt rules pursuant to this Act
which establish a system of fines related to the type and level
of violation or repeat violation, including but not limited to:
(1) Each A fine not exceeding $10,000 for a violation
which created a condition or occurrence presenting a
substantial probability that death or serious harm to an
individual will or did result therefrom; and
(2) Each A fine not exceeding $5,000 for a violation
which creates or created a condition or occurrence which
threatens the health, safety or welfare of an individual.
(c) A Notice of Intent to Impose Fine may be issued in
conjunction with or in lieu of a Notice of Intent to Suspend,
Revoke, Nonrenew or Deny, and shall conform to the requirements
specified in Section 3.130(d) of this Act. All Hearings
conducted pursuant to a Notice of Intent to Impose Fine shall

SB2460 - 26 - LRB099 18151 RPS 42518 b
conform to the requirements specified in Section 3.135 of this
Act.
(d) All fines collected pursuant to this Section shall be
deposited into the EMS Assistance Fund.
(Source: P.A. 98-973, eff. 8-15-14.)
(210 ILCS 50/3.205)
Sec. 3.205. State Trauma Advisory Council.
(a) There shall be established within the Department of
Public Health a State Trauma Advisory Council, which shall
serve as an advisory body to the Department on matters related
to trauma care and trauma centers.
(b) Membership of the Council shall include one
representative from each Regional Trauma Advisory Committee,
to be appointed by each Committee. The Governor may appoint a
neurosurgeon to the Council. The Governor shall appoint the
following additional members:
(1) An EMS Medical Director,
(2) A trauma center medical director,
(3) A trauma surgeon,
(4) A trauma nurse coordinator,
(5) A representative from a private vehicle service
provider,
(6) A representative from a public vehicle service
provider,
(7) A member of the State EMS Advisory Council, and

SB2460 - 27 - LRB099 18151 RPS 42518 b
(8) (Blank), and A neurosurgeon.
(9) A burn care medical representative.
(c) Members shall be appointed for a term of 3 years. All
appointees shall serve until their successors are appointed and
qualified.
(d) The Council shall be provided a 90-day period in which
to review and comment upon all rules proposed by the Department
pursuant to this Act concerning trauma care, except for
emergency rules adopted pursuant to Section 5-45 of the
Illinois Administrative Procedure Act. The 90-day review and
comment period may commence upon the Department's submission of
the proposed rules to the individual Council members, if the
Council is not meeting at the time the proposed rules are ready
for Council review. Any non-emergency rules adopted prior to
the Council's 90-day review and comment period shall be null
and void. If the Council fails to advise the Department within
its 90-day review and comment period, the rule shall be
considered acted upon;
(e) Council members shall be reimbursed for reasonable
travel expenses incurred during the performance of their duties
under this Section.
(f) The Department shall provide administrative support to
the Council for the preparation of the agenda and minutes for
Council meetings and distribution of proposed rules to Council
members.
(g) The Council shall act pursuant to bylaws which it

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adopts, which shall include the annual election of a Chair and
Vice-Chair.
(h) The Director or his designee shall be present at all
Council meetings.
(i) Nothing in this Section shall preclude the Council from
reviewing and commenting on proposed rules which fall under the
purview of the State EMS Advisory Council.
(Source: P.A. 98-973, eff. 8-15-14.)
Section 99. Effective date. This Act takes effect 270 days
after becoming law.
SB2460 - 29 - LRB099 18151 RPS 42518 b
INDEX
Statutes amended in order of appearance