2023 Illinois Compiled Statutes › Chapter 745 - CIVIL IMMUNITIES › 745 ILCS 10/ - Local Governmental and Governmental Employees Tort Immunity Act. › Article VI - Medical, Hospital And Public Health Activities

(745 ILCS 10/Art. VI heading)
ARTICLE VI--MEDICAL,  
		HOSPITAL AND PUBLIC HEALTH ACTIVITIES
(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 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 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 for the public health     clinic and amends the standing orders  from time to time in keeping with current trends in sound medical practice;
(2) reviews the standing orders, 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;
(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. 97-589, eff. 1-1-12.)
(745 ILCS 10/6-102)
Sec. 6-102. (Repealed).
(Source: Repealed by P.A. 84-1431, eff. 8-13-65.)
(745 ILCS 10/6-103) (from Ch. 85, par. 6-103)
Sec. 6-103. 
		
		Neither a local public entity nor a public employee acting
within the scope of his employment is liable for interfering with the right
of an inmate of a medical facility operated or maintained by the local
public entity to obtain a judicial determination or review of the legality
of his confinement but a public employee and the local public entity where
the employee is acting within the scope of his employment is liable for
injury proximately caused by his intentional and unjustifiable interference
with such right.
(Source: Laws 1965, p. 2983.)
(745 ILCS 10/6-104) (from Ch. 85, par. 6-104)
Sec. 6-104. 
		
		(a) Neither a local public entity nor a public employee 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) Neither a local public entity nor a public employee 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. 
		
		Neither a local public entity nor a public employee acting
within the scope of his employment 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) Neither a local public entity nor a public employee acting
within the scope of his employment 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) Neither a local public entity nor a public employee acting within
the scope of his employment 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 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) Neither a local public entity nor a public employee acting
within the scope of his employment 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. 
		
		Neither a local public entity nor a public employee 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. 
		
		Neither a local public entity nor a public employee
acting in the scope of his employment 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.)
(745 ILCS 10/6-110) (from Ch. 85, par. 6-110)
Sec. 6-110. 
Public health 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. 97-589, eff. 1-1-12.)