(410 ILCS 515/0.01) (from Ch. 111 1/2, par. 7850)
Sec. 0.01.
Short title.
This Act may be cited as the
Head and Spinal Cord Injury Act.
(Source: P.A. 86-1324.)
(410 ILCS 515/1) (from Ch. 111 1/2, par. 7851)
Sec. 1.
As used in this Act, unless the context clearly indicates otherwise:
(a) “Department” means the Department of Public Health.
(b) “Head Injury” means a sudden insult or damage to the brain or its
coverings, not of a degenerative nature, which produces an altered state of
consciousness or temporarily or permanently impairs mental, cognitive,
behavioral or physical functioning. Cerebral vascular accidents,
aneurisms and congenital deficits are excluded from this definition.
(c) “Spinal cord injury” means an injury that occurs as a result of
trauma, which involves spinal vertebral fracture, or where the injured
person suffers any of the following effects:
(1) effects on the sensory system including numbness, tingling or loss
of sensation in the body or in one or more extremities;
(2) effects on the motor system including weakness or paralysis in one
or more extremities;
(3) effects on the visceral system including bowel or bladder
dysfunction or hypotension.
(d) “Council” means the Advisory Council on Spinal Cord and Head Injuries.
(Source: P.A. 86-510.)
(410 ILCS 515/2) (from Ch. 111 1/2, par. 7852)
Sec. 2.
(a) The Department shall establish and maintain an
information registry and reporting system for the purpose of data
collection and needs assessment of head and spinal cord injured persons
in this State.
(b) Reports of head and spinal cord injuries shall be filed with the
Department by a hospital administrator or his designee on a quarterly
basis.
(c) Reporting forms and the manner in which the information is to be
reported shall be provided by the Department. Such reports shall include,
but shall not be limited to, the following information: name, age, and
residence of the injured person, the date and cause of the injury, the
initial diagnosis and such other information as may be required by the
Department.
(Source: P.A. 86-510; 87-691.)
(410 ILCS 515/3) (from Ch. 111 1/2, par. 7853)
Sec. 3.
(a) All reports and records made pursuant to this Act and
maintained by the Department and other appropriate persons, officials and
institutions pursuant to this Act shall be confidential. Information shall
not be made available to any individual or institution except to:
(1) appropriate staff of the Department;
(2) any person engaged in a bona fide research project, with the
permission of the Director of Public Health, except that no information
identifying the subjects of the reports or the reporters shall be made
available to researchers unless the Department requests and receives
consent for such release pursuant to the provisions of this Section; and
(3) the Council, except that no information identifying the subjects of
the reports or the reporters shall be made available to the Council unless
consent for release is requested and received pursuant to the provisions of
this Section. Only information pertaining to head and spinal cord injuries
as defined in Section 1 of this Act shall be released to the Council.
(b) The Department shall not reveal the identity of a patient,
physician or hospital, except that the identity of the patient
may be released upon written consent of the patient, parent or guardian,
the identity of the physician may be released upon written consent of the
physician, and the identity of the hospital may be released upon written
consent of the hospital.
(c) The Department shall request consent for release from a patient, a
physician or hospital only upon a showing by the applicant for
such release that obtaining the identities of certain patients, physicians
or hospitals is necessary for his bonafide research directly related to the
objectives of this Act.
(d) The Department shall at least annually compile a report of the data
accumulated through the reporting system established under Section 2 of
this Act and shall submit such data relating to spinal cord and head
injuries in accordance with confidentiality restrictions established
pursuant to this Act to the Council.
(Source: P.A. 86-510.)
(410 ILCS 515/4) (from Ch. 111 1/2, par. 7854)
Sec. 4.
No individual or organization providing information to the
Department in accordance with this Act shall be held liable in a civil or
criminal action for divulging confidential information unless such
individual or organization acted in bad faith or with malicious purpose.
(Source: P.A. 86-510.)
(410 ILCS 515/5) (from Ch. 111 1/2, par. 7855)
Sec. 5.
(a) Nothing in this Act shall be construed to compel any
individual to submit to any medical or Department examination, treatment or
supervision of any kind.
(b) Violation of any provision of Sections 2 through 4 of this Act shall
be a petty offense.
(Source: P.A. 86-510.)
(410 ILCS 515/6) (from Ch. 111 1/2, par. 7856)
Sec. 6. (a) There is hereby created the Advisory Council on Spinal
Cord and Head Injuries within the Department of Human Services. The Council
shall consist of 29 members, appointed
by the Governor with the advice and consent of the Senate. Members shall
serve 3-year
terms and until their successors are appointed by the Governor with the
advice and consent of the Senate.
The members appointed by the Governor
shall include 2 neurosurgeons, 2 orthopedic surgeons, 2 rehabilitation
specialists, one of whom shall be a registered nurse, 4 persons with
head injuries or family members of persons with head injuries, 4 persons
with spinal cord injuries or family members of persons with spinal cord
injuries, a representative of an Illinois college or university, and a
representative from health institutions or private industry. These members
shall not serve more than 2 consecutive 3-year terms. The Governor shall
appoint one individual from each of the following entities to the Council as
ex-officio members: the unit of the Department of Human Services that is
responsible for the administration of the vocational rehabilitation program,
another unit within the Department of Human Services that provides services for
individuals with disabilities, the State Board of Education, the Department of
Public Health, the Department of Insurance, the Department of Healthcare and Family Services, the
Division of Specialized Care for Children of the University of Illinois, the
Statewide Independent Living Council, and the State Rehabilitation Advisory
Council. Ex-officio members are not subject to limit of 2 consecutive 3-year
terms. The
appointment of individuals representing State agencies shall be
conditioned on their continued employment with their respective agencies.
(b) From funds appropriated for such purpose, the Department of Human
Services shall provide to the Council the necessary staff
and expenses to carry out the duties and responsibilities assigned by the
Council. Such staff shall consist of a director and other support staff.
(c) Meetings shall be held at least every 90 days or at the call of the
Council chairman, who shall be elected by the Council.
(d) Each member shall be reimbursed for reasonable and necessary
expenses actually incurred in the performance of his official duties.
(e) The Council shall adopt written procedures to govern its activities.
Consultants shall be provided for the Council from
appropriations made for such purpose.
(f) The Council shall make recommendations to the Governor for
developing and administering a State plan to provide services for spinal
cord and head injured persons.
(g) No member of the Council may participate in or seek to influence a
decision or vote of the Council if the member would be directly involved
with the matter or if he would derive income from it. A violation of this
prohibition shall be grounds for a person to be removed as
a member of the Council by the Governor.
(h) The Council shall:
- (1) promote meetings and programs for the discussion of reducing the debilitating effects of spinal cord and head injuries and disseminate information in cooperation with any other department, agency or entity on the prevention, evaluation, care, treatment and rehabilitation of persons affected by spinal cord and head injuries;
- (2) study and review current prevention, evaluation, care, treatment and rehabilitation technologies and recommend appropriate preparation, training, retraining and distribution of manpower and resources in the provision of services to spinal cord and head injured persons through private and public residential facilities, day programs and other specialized services;
- (3) recommend specific methods, means and procedures which should be adopted to improve and upgrade the State’s service delivery system for spinal cord and head injured citizens of this State;
- (4) participate in developing and disseminating criteria and standards which may be required for future funding or licensing of facilities, day programs and other specialized services for spinal cord and head injured persons in this State;
- (5) report annually to the Governor and the General Assembly on its activities, and on the results of its studies and the recommendations of the Council; and
- (6) be the advisory board for purposes of federal programs regarding traumatic brain injury.
(i) The Department of Human Services may accept on
behalf of
the Council federal funds, gifts and donations from individuals, private
organizations and foundations, and any other funds that may become available.
(Source: P.A. 95-331, eff. 8-21-07.)