Full Text of SB0123 97th General Assembly
SB0123ham001 97TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 5/25/2011
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| 1 | | AMENDMENT TO SENATE BILL 123
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 123 by replacing | 3 | | everything after the enacting clause with the following:
| 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:
| 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.
| 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;
| 8 | | (2) the specific medical services authorized to be | 9 | | provided;
| 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;
| 13 | | (4) the effective date for the standing order;
and | 14 | | (5) the name and signature of the public health | 15 | | standing orders physician.
| 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:
| 4 | | (1) be trained in the medical services to be provided;
| 5 | | (2) verify and document the applicability of the public | 6 | | health standing orders to any individual;
| 7 | | (3) complete accurate and legible entries in all | 8 | | records required by federal and State law;
| 9 | | (4) when applicable, document informed consent with | 10 | | the patient or client; and
| 11 | | (5) understand where and how to access and use | 12 | | emergency devices, techniques, and services for adverse | 13 | | reactions.
| 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.
| 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.
| 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:
| 5 | | (745 ILCS 10/6-101) (from Ch. 85, par. 6-101)
| 6 | | Sec. 6-101. As used in this Article, unless the context | 7 | | otherwise requires:
| 8 | | (a) "Medical facility" includes a hospital, infirmary, | 9 | | clinic,
dispensary, mental institution or similar facility.
| 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.
| 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 .
| 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
| 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:
| 4 | | (1) reviews the standing orders protocols for the | 5 | | public health clinic and amends the standing orders
| 6 | | protocols from time to time in keeping with current trends | 7 | | in sound medical practice;
| 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;
| 11 | | (3) participates in a site visit of a clinic covered by | 12 | | the standing
orders periodically at least once a year ;
| 13 | | (4) signs standing orders for medical procedures | 14 | | conducted in the
public health clinic in conformance with | 15 | | sound medical practice; and
| 16 | | (5) is available for consultation with the | 17 | | professional clinic
staff.
| 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.)
| 22 | | (745 ILCS 10/6-110) (from Ch. 85, par. 6-110)
| 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.
| 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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