Public Act 097-0589
 
SB0123 EnrolledLRB097 06238 CEL 46313 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Public
Health Standing Orders Act.
 
    Section 5. Definitions. In this Act:
    "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.
    "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;
        (2) the specific medical services authorized to be
    provided;
        (3) any instructions on the training or experience of
    health care personnel who are authorized to provide the
    specified health care services;
        (4) the effective date for the standing order; and
        (5) the name and signature of the public health
    standing orders physician.
 
    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:
        (1) be trained in the medical services to be provided;
        (2) verify and document the applicability of the public
    health standing orders to any individual;
        (3) complete accurate and legible entries in all
    records required by federal and State law;
        (4) when applicable, document informed consent with
    the patient or client; and
        (5) understand where and how to access and use
    emergency devices, techniques, and services for adverse
    reactions.
 
    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.
    (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.
 
    Section 90. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by changing Sections
6-101 and 6-110 as follows:
 
    (745 ILCS 10/6-101)  (from Ch. 85, par. 6-101)
    Sec. 6-101. As used in this Article, unless the context
otherwise requires:
    (a) "Medical facility" includes a hospital, infirmary,
clinic, dispensary, mental institution or similar facility.
    (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.
    (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.
    (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
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:
        (1) reviews the standing orders protocols for the
    public health clinic and amends the standing orders
    protocols from time to time in keeping with current trends
    in sound medical practice;
        (2) reviews the standing orders protocols, as amended,
    with the professional staff of the public health clinic at
    least once a year;
        (3) participates in a site visit of a clinic covered by
    the standing orders periodically at least once a year;
        (4) signs standing orders for medical procedures
    conducted in the public health clinic in conformance with
    sound medical practice; and
        (5) is available for consultation with the
    professional clinic staff.
    (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.)
 
    (745 ILCS 10/6-110)  (from Ch. 85, par. 6-110)
    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
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.
    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.)