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Public Act 097-0589 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Public | ||||
Health Standing Orders Act. | ||||
Section 5. Definitions. In this Act:
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"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.
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"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;
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(2) the specific medical services authorized to be | ||
provided;
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(3) any instructions on the training or experience of | ||
health care personnel who are authorized to provide the | ||
specified health care services;
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(4) the effective date for the standing order;
and | ||
(5) the name and signature of the public health | ||
standing orders physician.
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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:
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(1) be trained in the medical services to be provided;
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(2) verify and document the applicability of the public | ||
health standing orders to any individual;
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(3) complete accurate and legible entries in all |
records required by federal and State law;
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(4) when applicable, document informed consent with | ||
the patient or client; and
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(5) understand where and how to access and use | ||
emergency devices, techniques, and services for adverse | ||
reactions.
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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.
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(b) Nothing in this 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.
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Section 90. The Local Governmental and Governmental | ||
Employees Tort
Immunity Act is amended by changing Sections | ||
6-101 and 6-110 as follows:
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(745 ILCS 10/6-101) (from Ch. 85, par. 6-101)
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Sec. 6-101. As used in this Article, unless the context | ||
otherwise requires:
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(a) "Medical facility" includes a hospital, infirmary, | ||
clinic,
dispensary, mental institution or similar facility.
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(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.
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(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 .
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(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
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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:
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(1) reviews the standing orders protocols for the | ||
public health clinic and amends the standing orders
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protocols from time to time in keeping with current trends | ||
in sound medical practice;
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(2) reviews the standing orders protocols , as amended, | ||
with the professional staff of
the public health clinic at | ||
least once a year;
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(3) participates in a site visit of a clinic covered by | ||
the standing
orders periodically at least once a year ;
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(4) signs standing orders for medical procedures | ||
conducted in the
public health clinic in conformance with | ||
sound medical practice; and
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(5) is available for consultation with the | ||
professional clinic
staff.
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(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.)
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(745 ILCS 10/6-110) (from Ch. 85, par. 6-110)
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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
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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.
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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.)
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