SB0123ham002 97TH GENERAL ASSEMBLY

Rep. Daniel J. Burke

Filed: 5/27/2011

09700SB0123ham002 LRB097 06238 RPM 56312 a

AMENDMENT TO SENATE BILL 123

AMENDMENT NO. ______. Amend Senate Bill 123 by replacing everything after the enacting clause with the following:

"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 the 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.)".