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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Public | ||||||
5 | Health Standing Orders Act. | ||||||
6 | Section 5. Definitions. In this Act:
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7 | "Health care personnel" means persons working within the | ||||||
8 | scope of their licensure or training and experience with a | ||||||
9 | public health clinic who provide medical services, including | ||||||
10 | volunteers and staff not employed by the public health clinic.
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11 | "Public health clinic" has the same meaning as provided in | ||||||
12 | subsection (c) of Section 6-101 of the Local Governmental and | ||||||
13 | Governmental Employees Tort Immunities Act. | ||||||
14 | "Public health standing orders physician" has the same | ||||||
15 | meaning as provided in subsection (d) of Section 6-101 of the | ||||||
16 | Local Governmental and Governmental Employees Tort Immunities | ||||||
17 | Act. | ||||||
18 | Section 10. Public health orders; standing physician | ||||||
19 | protocols. Public health standing orders, also referred to as | ||||||
20 | standing physician protocols, issued pursuant to this Act shall | ||||||
21 | contain, at the minimum, the following elements: | ||||||
22 | (1) the name of the public health clinic authorized to |
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1 | provide the medical services;
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2 | (2) the specific medical services authorized to be | ||||||
3 | provided;
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4 | (3) any instructions on the training or experience of | ||||||
5 | health care personnel who are authorized to provide the | ||||||
6 | specified health care services;
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7 | (4) the effective date for the standing order;
and | ||||||
8 | (5) the name and signature of the public health | ||||||
9 | standing orders physician.
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10 | Section 15. Health care personnel; standing orders. | ||||||
11 | Notwithstanding any other provision of law to the contrary, | ||||||
12 | health care personnel may provide medical services within a | ||||||
13 | public health clinic in conformance with standing orders issued | ||||||
14 | by a public health standing orders physician without prior | ||||||
15 | establishment of a physician-patient relationship between the | ||||||
16 | public health standing orders physician and the person | ||||||
17 | receiving medical services. | ||||||
18 | Section 20. Health care personnel; qualifications. Health | ||||||
19 | care personnel who provide medical services pursuant to a | ||||||
20 | public health standing order shall:
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21 | (1) be trained in the medical services to be provided;
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22 | (2) verify and document the applicability of the public | ||||||
23 | health standing orders to any individual;
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24 | (3) complete accurate and legible entries in all |
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1 | records required by federal and State law;
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2 | (4) when applicable, document informed consent with | ||||||
3 | the patient or client; and
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4 | (5) understand where and how to access and use | ||||||
5 | emergency devices, techniques, and services for adverse | ||||||
6 | reactions.
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7 | Section 25. Physician delegation; hospitals. | ||||||
8 | (a) Nothing in this Act shall be construed to affect or in | ||||||
9 | any way limit physician delegation, including the use of | ||||||
10 | standing orders or protocols for any person or group of persons | ||||||
11 | without prior establishment of a physician-patient | ||||||
12 | relationship between the physician and the person receiving | ||||||
13 | medical services.
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14 | (b) Nothing in this Act shall be construed to affect or in | ||||||
15 | any way limit standing orders or protocols as implemented by | ||||||
16 | hospitals licensed under the Illinois Hospital Licensing Act, | ||||||
17 | hospital affiliates as defined by the Illinois Hospital | ||||||
18 | Licensing Act, or hospitals licensed under the University of | ||||||
19 | Illinois Hospital Act.
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20 | Section 90. The Local Governmental and Governmental | ||||||
21 | Employees Tort
Immunity Act is amended by changing Sections | ||||||
22 | 6-101 and 6-110 as follows:
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23 | (745 ILCS 10/6-101) (from Ch. 85, par. 6-101)
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1 | Sec. 6-101. As used in this Article, unless the context | ||||||
2 | otherwise requires:
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3 | (a) "Medical facility" includes a hospital, infirmary, | ||||||
4 | clinic,
dispensary, mental institution or similar facility.
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5 | (b) "Mental institution" means any medical facility or part | ||||||
6 | of any
medical facility used primarily for the care or | ||||||
7 | treatment of persons
committed for mental illness or addiction.
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8 | (c) "Public health clinic" means an outpatient program | ||||||
9 | clinic conducted by a
locally based not-for-profit | ||||||
10 | corporation, or by any
local board of health whose health | ||||||
11 | department is recognized by, and has a
designation status | ||||||
12 | established by, the Illinois Department of Public Health and | ||||||
13 | complies with the Public Health Standing Orders Act .
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14 | (d) " Public health standing Standing orders physician" | ||||||
15 | means a person licensed to practice
medicine in all its | ||||||
16 | branches in Illinois and who, under an agreement with
a locally | ||||||
17 | based not-for-profit corporation which conducts a public
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18 | health clinic which provides among its services free medical | ||||||
19 | services to
indigent persons unable to pay for their own | ||||||
20 | medical care, or
a
local board of health, provides medical | ||||||
21 | oversight to a public health clinic
in accordance with the | ||||||
22 | following:
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23 | (1) reviews the standing orders protocols for the | ||||||
24 | public health clinic and amends the standing orders
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25 | protocols from time to time in keeping with current trends | ||||||
26 | in sound medical practice;
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1 | (2) reviews the standing orders protocols , as amended, | ||||||
2 | with the professional staff of
the public health clinic at | ||||||
3 | least once a year;
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4 | (3) participates in a site visit of a clinic covered by | ||||||
5 | the standing
orders periodically at least once a year ;
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6 | (4) signs standing orders for medical procedures | ||||||
7 | conducted in the
public health clinic in conformance with | ||||||
8 | sound medical practice; and
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9 | (5) is available for consultation with the | ||||||
10 | professional clinic
staff.
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11 | (e) The changes to this Section made by this amendatory Act | ||||||
12 | of the 97th General Assembly apply only to causes of actions | ||||||
13 | accruing on or after the effective date of this amendatory Act | ||||||
14 | of the 97th General Assembly. | ||||||
15 | (Source: P.A. 86-950.)
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16 | (745 ILCS 10/6-110) (from Ch. 85, par. 6-110)
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17 | Sec. 6-110.
Public health standing Standing orders | ||||||
18 | physicians providing medical oversight to a
public health | ||||||
19 | clinic in conformance with an agreement with a locally based
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20 | not-for-profit corporation which conducts a public health | ||||||
21 | clinic, or with a local board of
health, whether compensated or | ||||||
22 | not, shall be considered employees of a
local public entity for | ||||||
23 | the purpose of affording them the protections of this Act.
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24 | The changes to this Section made by this amendatory Act of | ||||||
25 | the 97th General Assembly apply only to causes of actions |
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1 | accruing on or after the effective date of this amendatory Act | ||||||
2 | of the 97th General Assembly. | ||||||
3 | (Source: P.A. 86-950.)
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