HB2926 97TH GENERAL ASSEMBLY

LRB097 08745 AJO 48874 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2926

Introduced 2/23/2011, by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

745 ILCS 10/6-101	from Ch. 85, par. 6-101
745 ILCS 10/6-104	from Ch. 85, par. 6-104
745 ILCS 10/6-105	from Ch. 85, par. 6-105
745 ILCS 10/6-106	from Ch. 85, par. 6-106
745 ILCS 10/6-107	from Ch. 85, par. 6-107
745 ILCS 10/6-108	from Ch. 85, par. 6-108
745 ILCS 10/6-109	from Ch. 85, par. 6-109

Amends the Local Governmental and Governmental Employees Tort Immunity Act. Adds to the Article concerning medical, hospital, and public health activities a definition of "service agency under contract with a public entity" to mean an entity under contract with a local public entity to provide emergency and sick call medical services to inmates of a county jail. Adds "a service agency under contract with a public entity" to provisions granting immunity to a local public entity or a public employee concerning medical care.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Local Governmental and Governmental Employees Tort Immunity Act is amended by changing Sections 6-101, 6-104, 6-105, 6-106, 6-107, 6-108, and 6-109 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 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.

(c-5) "Service agency under contract with a public entity" means an entity under contract with a local public entity to provide emergency services and sick call medical services to inmates of a county jail.

(d) "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 protocols for the public health clinic and amends the protocols from time to time in keeping with current trends in sound medical practice;

(2) reviews the 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 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.

(Source: P.A. 86-950.)

(745 ILCS 10/6-104) (from Ch. 85, par. 6-104)

Sec. 6-104. (a) A Neither a local public entity, a service agency under contract with a public entity, and nor a public employee are not is liable for an injury resulting from the policy decision to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication of disease within the community if such decision was the result of the exercise of discretion vested in the local public entity or the public employee, whether or not such discretion was abused.

(b) A Neither a local public entity, a service agency under contract with a public entity, and nor a public employee are not is liable for an injury caused by an act or omission in carrying out with due care a decision described in subdivision (a).

(Source: Laws 1965, p. 2983.)

(745 ILCS 10/6-105) (from Ch. 85, par. 6-105)

Sec. 6-105. A Neither a local public entity, a service agency under contract with a public entity, and nor a public employee acting within the scope of his employment are not is liable for injury caused by the failure to make a physical or mental examination, or to make an adequate physical or mental examination of any person for the purpose of determining whether such person has a disease or physical or mental condition that would constitute a hazard to the health or safety of himself or others.

(Source: Laws 1965, p. 2983.)

(745 ILCS 10/6-106) (from Ch. 85, par. 6-106)

Sec. 6-106. (a) A Neither a local public entity, a service agency under contract with a public entity, and nor a public employee acting within the scope of his employment are not is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental or physical illness or addiction or from failing to prescribe for mental or physical illness or addiction.

(b) A Neither a local public entity, a service agency under contract with a public entity, and nor a public employee acting within the scope of his employment are not is liable for administering with due care the treatment prescribed for mental or physical illness or addiction.

(c) Nothing in this section exonerates a public employee who has undertaken to prescribe for mental or physical illness or addiction from liability for injury proximately caused by his negligence or by his wrongful act in so prescribing or exonerates a local public entity whose employee, while acting in the scope of his employment, so causes such an injury.

(d) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in administering any treatment prescribed for mental or physical illness or addiction or exonerates a local public entity or a service agency under contract with a public entity whose employee, while acting in the scope of his employment, so causes such an injury.

(Source: Laws 1965, p. 2983.)

(745 ILCS 10/6-107) (from Ch. 85, par. 6-107)

Sec. 6-107. (a) A Neither a local public entity, a service agency under contract with a public entity, and nor a public employee acting within the scope of his employment are not is liable for any injury resulting from determining in accordance with any applicable enactment:

(1) Whether to confine a person for mental illness or addiction.

(2) The terms and conditions of confinement for mental illness or addiction in a medical facility operated or maintained by a local public entity.

(3) Whether to parole or release a person from confinement for mental illness or addiction in a medical facility operated or maintained by a local public entity.

A public employee is not liable for carrying out a determination described in this subdivision (a).

(b) Nothing in this Section exonerates a public employee from liability for false arrest or false imprisonment.

(Source: P.A. 91-357, eff. 7-29-99.)

(745 ILCS 10/6-108) (from Ch. 85, par. 6-108)

Sec. 6-108. A Neither a local public entity, a service agency under contract with a public entity, and nor a public employee are not is liable for an injury caused by or to an escaping or escaped mental patient.

(Source: Laws 1965, p. 2983.)

(745 ILCS 10/6-109) (from Ch. 85, par. 6-109)

Sec. 6-109. A Neither a local public entity, a service agency under contract with a public entity, and nor a public employee acting in the scope of his employment are not is liable for an injury resulting from the failure to admit a person to a medical facility operated or maintained by a local public entity.

(Source: Laws 1965, p. 2983.)