Public Act 097-0589
 
SB0123 EnrolledLRB097 06238 CEL 46313 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. Short title. This Act may be cited as the Public 
Health Standing Orders Act.
 
    Section 5. Definitions.  In this Act:

    "Health care personnel" means persons working within the 
scope of their licensure or training and experience with a 
public health clinic who provide medical services, including 
volunteers and staff not employed by the public health clinic.

    "Public health clinic" has the same meaning as provided in 
subsection (c) of Section 6-101 of the Local Governmental and 
Governmental Employees Tort Immunities Act. 
    "Public health standing orders physician" has the same 
meaning as provided in subsection (d) of Section 6-101 of the 
Local Governmental and Governmental Employees Tort Immunities 
Act.
 
    Section 10. Public health orders; standing physician 
protocols. Public health standing orders, also referred to as 
standing physician protocols, issued pursuant to this Act shall 
contain, at the minimum, the following elements:
        (1) the name of the public health clinic authorized to 
    provide the medical services;

        (2) the specific medical services authorized to be 
    provided;

        (3) any instructions on the training or experience of 
    health care personnel who are authorized to provide the 
    specified health care services;

        (4) the effective date for the standing order;
 and
        (5) the name and signature of the public health 
    standing orders physician.

 
    Section 15. Health care personnel; standing orders. 
Notwithstanding any other provision of law to the contrary, 
health care personnel may provide medical services within a 
public health clinic in conformance with standing orders issued 
by a public health standing orders physician without prior 
establishment of a physician-patient relationship between the 
public health standing orders physician and the person 
receiving medical services. 
 
    Section 20. Health care personnel; qualifications. Health 
care personnel who provide medical services pursuant to a 
public health standing order shall:

        (1) be trained in the medical services to be provided;

        (2) verify and document the applicability of the public 
    health standing orders to any individual;

        (3) complete accurate and legible entries in all 
    records required by federal and State law;

        (4) when applicable, document informed consent with 
    the patient or client; and

        (5) understand where and how to access and use 
    emergency devices, techniques, and services for adverse 
    reactions.

 
    Section 25. Physician delegation; hospitals.  
    (a) Nothing in this Act shall be construed to affect or  in 
any way limit physician delegation, including the use of 
standing orders or protocols for any person or group of persons 
without prior establishment of a physician-patient 
relationship between the physician and the person receiving 
medical services.
 
    (b) Nothing in this Act shall be construed to affect or in 
any way limit standing orders or protocols as implemented by 
hospitals licensed under the Illinois Hospital Licensing Act, 
hospital affiliates as defined by the Illinois Hospital 
Licensing Act, or hospitals licensed under the University of 
Illinois Hospital Act.



 
    Section 90. The Local Governmental and Governmental 
Employees Tort
Immunity Act is amended  by changing Sections 
6-101 and 6-110 as follows:
 



    (745 ILCS 10/6-101)  (from Ch. 85, par. 6-101)



    Sec. 6-101. As used in this Article, unless the context 
otherwise requires: 

    (a) "Medical facility" includes a hospital, infirmary, 
clinic,
dispensary, mental institution or similar facility.

    (b) "Mental institution" means any medical facility or part 
of any
medical facility used primarily for the care or 
treatment of persons
committed for mental illness or addiction.

    (c) "Public health clinic" means an outpatient program 
clinic conducted by a
locally based not-for-profit 
corporation, or by any
local board of health whose health 
department is recognized by, and has a
designation status 
established by, the Illinois Department of Public Health and 
complies with the Public Health Standing Orders Act.

    (d) "Public health standing Standing orders physician" 
means a person licensed to practice
medicine in all its 
branches in Illinois and who, under an agreement with
a locally 
based not-for-profit corporation which conducts a public

health clinic which provides among its services free medical 
services to
indigent persons unable to pay for their own 
medical care, or
a
local board of health, provides medical 
oversight to a public health clinic
in accordance with the 
following:


        (1) reviews the standing orders protocols for the 
    public health clinic and amends the standing orders

    protocols from time to time in keeping with current trends 
    in sound medical practice;


        (2) reviews the standing orders protocols, as amended, 
    with the professional staff of
the public health clinic at 
    least once a year;


        (3) participates in a site visit of a clinic covered by 
    the standing
orders periodically at least once a year;


        (4) signs standing orders for medical procedures 
    conducted in the
public health clinic in conformance with 
    sound medical practice; and


        (5) is available for consultation with the 
    professional clinic
staff.

    (e) The changes to this Section made by this amendatory Act 
of the 97th General Assembly apply only to causes of  actions 
accruing on or after the effective date of this amendatory Act 
of the 97th General Assembly. 
(Source: P.A. 86-950.)

 



    (745 ILCS 10/6-110)  (from Ch. 85, par. 6-110)



    Sec. 6-110. 
Public health standing Standing orders 
physicians providing medical oversight to a
public health 
clinic in conformance with an agreement with a locally based

not-for-profit corporation which conducts a public health 
clinic, or with a local board of
health, whether compensated or 
not, shall be considered employees of a
local public entity for 
the purpose of affording them the protections of this Act.

    The changes to this Section made by this amendatory Act of 
the 97th General Assembly apply only to causes of  actions 
accruing on or after the effective date of this amendatory Act 
of the 97th General Assembly. 
(Source: P.A. 86-950.)