HB5568 104TH GENERAL ASSEMBLY

LRB104 17152 JRC 30571 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5568

Introduced 2/13/2026, by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

745 ILCS 10/6-101	from Ch. 85, par. 6-101
745 ILCS 10/6-106	from Ch. 85, par. 6-106

Amends the Local Governmental and Governmental Employees Tort Immunity Act. Includes "medical examiner's office" and "coroner's office" within the definition of "medical facility" in Article VI covering Hospital and Public Health Activities. Provides that nothing in the Act exonerates a public employee or medical facility from liability for injury proximately caused by any negligent or wrongful conduct, act, or omission, in the handling, identification, disposal, or treatment of a deceased human, or exonerates a local public entity whose employee, while acting in the scope of his or her employment, so causes such an injury. Applies only to causes of actions accruing on or after the effective date of the amendatory Act.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Local Governmental and Governmental Employees Tort Immunity Act is amended by changing Sections 6-101 and 6-106 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, medical examiner's office, coroner's office, 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 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 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 for the public health clinic and amends the standing orders from time to time in keeping with current trends in sound medical practice;

(2) reviews the standing orders, 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;

(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.

(f) The changes to this Section made by this amendatory Act of the 104th General Assembly apply only to causes of actions accruing on or after the effective date of this amendatory Act of the 104th General Assembly.

(Source: P.A. 97-589, eff. 1-1-12.)

(745 ILCS 10/6-106) (from Ch. 85, par. 6-106)

Sec. 6-106. (a) Neither a local public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental or physical illness or addiction or from failing to prescribe for mental or physical illness or addiction.

(b) Neither a local public entity nor a public employee acting within the scope of his employment is liable for administering with due care the treatment prescribed for mental or physical illness or addiction.

(c) Nothing in this section exonerates a public employee who has undertaken to prescribe for mental or physical illness or addiction from liability for injury proximately caused by his negligence or by his wrongful act in so prescribing or exonerates a local public entity whose employee, while acting in the scope of his employment, so causes such an injury.

(d) Nothing in this section exonerates a public employee or medical facility from liability for injury proximately caused by his negligent or wrongful act or omission in administering any treatment prescribed for mental or physical illness or addiction or exonerates a local public entity whose employee, while acting in the scope of his employment, so causes such an injury.

(e) Nothing in this section exonerates a public employee or medical facility from liability for injury proximately caused by any negligent or wrongful conduct, act, or omission, in the handling, identification, disposal, or treatment of a deceased human, or exonerates a local public entity whose employee, while acting in the scope of his or her employment, so causes such an injury.

(f) The changes to this Section made by this amendatory Act of the 104th General Assembly apply only to causes of actions accruing on or after the effective date of this amendatory Act of the 104th General Assembly.

(Source: Laws 1965, p. 2983.)