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
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Public Health 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

 

 

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1Act.
 
2    Section 10. Public health orders; standing physician
3protocols. Public health standing orders, also referred to as
4standing physician protocols, issued pursuant to this Act shall
5contain, 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.
17Notwithstanding any other provision of law to the contrary,
18health care personnel may provide medical services within a
19public health clinic in conformance with standing orders issued
20by a public health standing orders physician without prior
21establishment of a physician-patient relationship between the
22public health standing orders physician and the person
23receiving medical services.
 

 

 

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1    Section 20. Health care personnel; qualifications. Health
2care personnel who provide medical services pursuant to a
3public 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
16any way limit physician delegation, including the use of
17standing orders or protocols for any person or group of persons
18without prior establishment of a physician-patient
19relationship between the physician and the person receiving
20medical services.
21    (b) Nothing in the Act shall be construed to affect or in
22any way limit standing orders or protocols as implemented by
23hospitals licensed under the Illinois Hospital Licensing Act,
24hospital affiliates as defined by the Illinois Hospital
25Licensing Act, or hospitals licensed under the University of

 

 

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1Illinois Hospital Act.
 
2    Section 90. The Local Governmental and Governmental
3Employees Tort Immunity Act is amended by changing Sections
46-101 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
7otherwise requires:
8    (a) "Medical facility" includes a hospital, infirmary,
9clinic, dispensary, mental institution or similar facility.
10    (b) "Mental institution" means any medical facility or part
11of any medical facility used primarily for the care or
12treatment of persons committed for mental illness or addiction.
13    (c) "Public health clinic" means an outpatient program
14clinic conducted by a locally based not-for-profit
15corporation, or by any local board of health whose health
16department is recognized by, and has a designation status
17established by, the Illinois Department of Public Health and
18complies with the Public Health Standing Orders Act.
19    (d) "Public health standing Standing orders physician"
20means a person licensed to practice medicine in all its
21branches in Illinois and who, under an agreement with a locally
22based not-for-profit corporation which conducts a public
23health clinic which provides among its services free medical
24services to indigent persons unable to pay for their own

 

 

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1medical care, or a local board of health, provides medical
2oversight to a public health clinic in accordance with the
3following:
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
19of the 97th General Assembly apply beginning on the effective
20date 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
24physicians providing medical oversight to a public health
25clinic in conformance with an agreement with a locally based

 

 

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1not-for-profit corporation which conducts a public health
2clinic, or with a local board of health, whether compensated or
3not, shall be considered employees of a local public entity for
4the purpose of affording them the protections of this Act.
5    The changes to this Section made by this amendatory Act of
6the 97th General Assembly apply beginning on the effective date
7of this amendatory Act of the 97th General Assembly.
8(Source: P.A. 86-950.)".