Rep. Daniel J. Burke
Filed: 5/25/2011
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1 | AMENDMENT TO SENATE BILL 123
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2 | AMENDMENT NO. ______. Amend Senate Bill 123 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Public 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 |
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1 | Act. | ||||||
2 | Section 10. Public health orders; standing physician | ||||||
3 | protocols. Public health standing orders, also referred to as | ||||||
4 | standing physician protocols, issued pursuant to this Act shall | ||||||
5 | contain, at the minimum, the following elements: | ||||||
6 | (1) the name of the public health clinic authorized to | ||||||
7 | provide the medical services;
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8 | (2) the specific medical services authorized to be | ||||||
9 | provided;
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10 | (3) any instructions on the training or experience of | ||||||
11 | health care personnel who are authorized to provide the | ||||||
12 | specified health care services;
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13 | (4) the effective date for the standing order;
and | ||||||
14 | (5) the name and signature of the public health | ||||||
15 | standing orders physician.
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16 | Section 15. Health care personnel; standing orders. | ||||||
17 | Notwithstanding any other provision of law to the contrary, | ||||||
18 | health care personnel may provide medical services within a | ||||||
19 | public health clinic in conformance with standing orders issued | ||||||
20 | by a public health standing orders physician without prior | ||||||
21 | establishment of a physician-patient relationship between the | ||||||
22 | public health standing orders physician and the person | ||||||
23 | receiving medical services. |
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1 | Section 20. Health care personnel; qualifications. Health | ||||||
2 | care personnel who provide medical services pursuant to a | ||||||
3 | public health standing order shall:
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4 | (1) be trained in the medical services to be provided;
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5 | (2) verify and document the applicability of the public | ||||||
6 | health standing orders to any individual;
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7 | (3) complete accurate and legible entries in all | ||||||
8 | records required by federal and State law;
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9 | (4) when applicable, document informed consent with | ||||||
10 | the patient or client; and
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11 | (5) understand where and how to access and use | ||||||
12 | emergency devices, techniques, and services for adverse | ||||||
13 | reactions.
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14 | Section 25. Physician delegation; hospitals. | ||||||
15 | (a) Nothing in this Act shall be construed to affect or in | ||||||
16 | any way limit physician delegation, including the use of | ||||||
17 | standing orders or protocols for any person or group of persons | ||||||
18 | without prior establishment of a physician-patient | ||||||
19 | relationship between the physician and the person receiving | ||||||
20 | medical services.
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21 | (b) Nothing in the Act shall be construed to affect or in | ||||||
22 | any way limit standing orders or protocols as implemented by | ||||||
23 | hospitals licensed under the Illinois Hospital Licensing Act, | ||||||
24 | hospital affiliates as defined by the Illinois Hospital | ||||||
25 | Licensing Act, or hospitals licensed under the University of |
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1 | Illinois Hospital Act.
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2 | Section 90. The Local Governmental and Governmental | ||||||
3 | Employees Tort
Immunity Act is amended by changing Sections | ||||||
4 | 6-101 and 6-110 as follows:
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5 | (745 ILCS 10/6-101) (from Ch. 85, par. 6-101)
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6 | Sec. 6-101. As used in this Article, unless the context | ||||||
7 | otherwise requires:
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8 | (a) "Medical facility" includes a hospital, infirmary, | ||||||
9 | clinic,
dispensary, mental institution or similar facility.
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10 | (b) "Mental institution" means any medical facility or part | ||||||
11 | of any
medical facility used primarily for the care or | ||||||
12 | treatment of persons
committed for mental illness or addiction.
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13 | (c) "Public health clinic" means an outpatient program | ||||||
14 | clinic conducted by a
locally based not-for-profit | ||||||
15 | corporation, or by any
local board of health whose health | ||||||
16 | department is recognized by, and has a
designation status | ||||||
17 | established by, the Illinois Department of Public Health and | ||||||
18 | complies with the Public Health Standing Orders Act .
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19 | (d) " Public health standing Standing orders physician" | ||||||
20 | means a person licensed to practice
medicine in all its | ||||||
21 | branches in Illinois and who, under an agreement with
a locally | ||||||
22 | based not-for-profit corporation which conducts a public
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23 | health clinic which provides among its services free medical | ||||||
24 | services to
indigent persons unable to pay for their own |
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1 | medical care, or
a
local board of health, provides medical | ||||||
2 | oversight to a public health clinic
in accordance with the | ||||||
3 | following:
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4 | (1) reviews the standing orders protocols for the | ||||||
5 | public health clinic and amends the standing orders
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6 | protocols from time to time in keeping with current trends | ||||||
7 | in sound medical practice;
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8 | (2) reviews the standing orders protocols , as amended, | ||||||
9 | with the professional staff of
the public health clinic at | ||||||
10 | least once a year;
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11 | (3) participates in a site visit of a clinic covered by | ||||||
12 | the standing
orders periodically at least once a year ;
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13 | (4) signs standing orders for medical procedures | ||||||
14 | conducted in the
public health clinic in conformance with | ||||||
15 | sound medical practice; and
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16 | (5) is available for consultation with the | ||||||
17 | professional clinic
staff.
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18 | (e) The changes to this Section made by this amendatory Act | ||||||
19 | of the 97th General Assembly apply beginning on the effective | ||||||
20 | date of this amendatory Act of the 97th General Assembly. | ||||||
21 | (Source: P.A. 86-950.)
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22 | (745 ILCS 10/6-110) (from Ch. 85, par. 6-110)
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23 | Sec. 6-110.
Public health standing Standing orders | ||||||
24 | physicians providing medical oversight to a
public health | ||||||
25 | clinic in conformance with an agreement with a locally based
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1 | not-for-profit corporation which conducts a public health | ||||||
2 | clinic, or with a local board of
health, whether compensated or | ||||||
3 | not, shall be considered employees of a
local public entity for | ||||||
4 | the purpose of affording them the protections of this Act.
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5 | The changes to this Section made by this amendatory Act of | ||||||
6 | the 97th General Assembly apply beginning on the effective date | ||||||
7 | of this amendatory Act of the 97th General Assembly. | ||||||
8 | (Source: P.A. 86-950.)".
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