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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Public
5Health Standing Orders Act.
 
6    Section 5. Definitions. In this Act:
7    "Health care personnel" means persons working within the
8scope of their licensure or training and experience with a
9public health clinic who provide medical services, including
10volunteers and staff not employed by the public health clinic.
11    "Public health clinic" has the same meaning as provided in
12subsection (c) of Section 6-101 of the Local Governmental and
13Governmental Employees Tort Immunities Act.
14    "Public health standing orders physician" has the same
15meaning as provided in subsection (d) of Section 6-101 of the
16Local Governmental and Governmental Employees Tort Immunities
17Act.
 
18    Section 10. Public health orders; standing physician
19protocols. Public health standing orders, also referred to as
20standing physician protocols, issued pursuant to this Act shall
21contain, 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;
2        (2) the specific medical services authorized to be
3    provided;
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;
7        (4) the effective date for the standing order; and
8        (5) the name and signature of the public health
9    standing orders physician.
 
10    Section 15. Health care personnel; standing orders.
11Notwithstanding any other provision of law to the contrary,
12health care personnel may provide medical services within a
13public health clinic in conformance with standing orders issued
14by a public health standing orders physician without prior
15establishment of a physician-patient relationship between the
16public health standing orders physician and the person
17receiving medical services.
 
18    Section 20. Health care personnel; qualifications. Health
19care personnel who provide medical services pursuant to a
20public health standing order shall:
21        (1) be trained in the medical services to be provided;
22        (2) verify and document the applicability of the public
23    health standing orders to any individual;
24        (3) complete accurate and legible entries in all

 

 

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1    records required by federal and State law;
2        (4) when applicable, document informed consent with
3    the patient or client; and
4        (5) understand where and how to access and use
5    emergency devices, techniques, and services for adverse
6    reactions.
 
7    Section 25. Physician delegation; hospitals.
8    (a) Nothing in this Act shall be construed to affect or in
9any way limit physician delegation, including the use of
10standing orders or protocols for any person or group of persons
11without prior establishment of a physician-patient
12relationship between the physician and the person receiving
13medical services.
14    (b) Nothing in this Act shall be construed to affect or in
15any way limit standing orders or protocols as implemented by
16hospitals licensed under the Illinois Hospital Licensing Act,
17hospital affiliates as defined by the Illinois Hospital
18Licensing Act, or hospitals licensed under the University of
19Illinois Hospital Act.
 
20    Section 90. The Local Governmental and Governmental
21Employees Tort Immunity Act is amended by changing Sections
226-101 and 6-110 as follows:
 
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
2otherwise requires:
3    (a) "Medical facility" includes a hospital, infirmary,
4clinic, dispensary, mental institution or similar facility.
5    (b) "Mental institution" means any medical facility or part
6of any medical facility used primarily for the care or
7treatment of persons committed for mental illness or addiction.
8    (c) "Public health clinic" means an outpatient program
9clinic conducted by a locally based not-for-profit
10corporation, or by any local board of health whose health
11department is recognized by, and has a designation status
12established by, the Illinois Department of Public Health and
13complies with the Public Health Standing Orders Act.
14    (d) "Public health standing Standing orders physician"
15means a person licensed to practice medicine in all its
16branches in Illinois and who, under an agreement with a locally
17based not-for-profit corporation which conducts a public
18health clinic which provides among its services free medical
19services to indigent persons unable to pay for their own
20medical care, or a local board of health, provides medical
21oversight to a public health clinic in accordance with the
22following:
23        (1) reviews the standing orders protocols for the
24    public health clinic and amends the standing orders
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;
4        (3) participates in a site visit of a clinic covered by
5    the standing orders periodically at least once a year;
6        (4) signs standing orders for medical procedures
7    conducted in the public health clinic in conformance with
8    sound medical practice; and
9        (5) is available for consultation with the
10    professional clinic staff.
11    (e) The changes to this Section made by this amendatory Act
12of the 97th General Assembly apply only to causes of actions
13accruing on or after the effective date of this amendatory Act
14of the 97th General Assembly.
15(Source: P.A. 86-950.)
 
16    (745 ILCS 10/6-110)  (from Ch. 85, par. 6-110)
17    Sec. 6-110. Public health standing Standing orders
18physicians providing medical oversight to a public health
19clinic in conformance with an agreement with a locally based
20not-for-profit corporation which conducts a public health
21clinic, or with a local board of health, whether compensated or
22not, shall be considered employees of a local public entity for
23the purpose of affording them the protections of this Act.
24    The changes to this Section made by this amendatory Act of
25the 97th General Assembly apply only to causes of actions

 

 

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1accruing on or after the effective date of this amendatory Act
2of the 97th General Assembly.
3(Source: P.A. 86-950.)