HB 5568

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Full Text of HB5568
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	HB5568 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5568
Introduced 2/13/2026, by Rep. Kevin John Olickal
SYNOPSIS AS INTRODUCED:
745 ILCS 10/6-101	  from Ch. 85, par. 6-101
745 ILCS 10/6-106	  from Ch. 85, par. 6-106
Amends the Local Governmental and Governmental Employees Tort Immunity Act. Includes "medical examiner's office" and "coroner's office" within the definition of "medical facility" in Article VI covering Hospital and Public Health Activities. Provides that nothing in the Act exonerates a public employee or medical facility from liability for injury proximately caused by any negligent or wrongful conduct, act, or omission, in the handling, identification, disposal, or treatment of a deceased human, or exonerates a local public entity whose employee, while acting in the scope of his or her employment, so causes such an injury. Applies only to causes of actions accruing on or after the effective date of the amendatory Act.
LRB104 17152 JRC 30571 b
A BILL FOR
		HB5568		LRB104 17152 JRC 30571 b
1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Local Governmental and Governmental
5Employees Tort Immunity Act is amended by changing Sections
66-101 and 6-106 as follows:
7    (745 ILCS 10/6-101)  (from Ch. 85, par. 6-101)
8    Sec. 6-101. As used in this Article, unless the context
9otherwise requires:
10    (a) "Medical facility" includes a hospital, infirmary,
11clinic, dispensary, medical examiner's office, coroner's 
12office, mental institution or similar facility.
13    (b) "Mental institution" means any medical facility or
14part of any medical facility used primarily for the care or
15treatment of persons committed for mental illness or
16addiction.
17    (c) "Public health clinic" means an outpatient program
18conducted by a locally based not-for-profit corporation, or by
19any local board of health whose health department is
20recognized by, and has a designation status established by,
21the Illinois Department of Public Health and complies with the
22Public Health Standing Orders Act.
23    (d) "Public health standing orders physician" means a
		HB5568	- 2 -	LRB104 17152 JRC 30571 b
1person licensed to practice medicine in all its branches in
2Illinois and who, under an agreement with a locally based
3not-for-profit corporation which conducts a public health
4clinic which provides among its services free medical services
5to indigent persons unable to pay for their own medical care,
6or a local board of health, provides medical oversight to a
7public health clinic in accordance with the following:
8        (1) reviews the standing orders for the public health
9    clinic and amends the standing orders from time to time in
10    keeping with current trends in sound medical practice;
11        (2) reviews the standing orders, as amended, with the
12    professional staff of the public health clinic at least
13    once a year;
14        (3) participates in a site visit of a clinic covered
15    by the standing orders periodically;
16        (4) signs standing orders for medical procedures
17    conducted in the public health clinic in conformance with
18    sound medical practice; and
19        (5) is available for consultation with the
20    professional clinic staff.
21    (e) The changes to this Section made by this amendatory
22Act of the 97th General Assembly apply only to causes of
23actions accruing on or after the effective date of this
24amendatory Act of the 97th General Assembly.
25    (f) The changes to this Section made by this amendatory 
26Act of the 104th General Assembly apply only to causes of 
		HB5568	- 3 -	LRB104 17152 JRC 30571 b
1actions accruing on or after the effective date of this 
2amendatory Act of the 104th General Assembly.
3(Source: P.A. 97-589, eff. 1-1-12.)
4    (745 ILCS 10/6-106)  (from Ch. 85, par. 6-106)
5    Sec. 6-106. (a) Neither a local public entity nor a public
6employee acting within the scope of his employment is liable
7for injury resulting from diagnosing or failing to diagnose
8that a person is afflicted with mental or physical illness or
9addiction or from failing to prescribe for mental or physical
10illness or addiction.
11    (b) Neither a local public entity nor a public employee
12acting within the scope of his employment is liable for
13administering with due care the treatment prescribed for
14mental or physical illness or addiction.
15    (c) Nothing in this section exonerates a public employee
16who has undertaken to prescribe for mental or physical illness
17or addiction from liability for injury proximately caused by
18his negligence or by his wrongful act in so prescribing or
19exonerates a local public entity whose employee, while acting
20in the scope of his employment, so causes such an injury.
21    (d) Nothing in this section exonerates a public employee
22or medical facility from liability for injury proximately
23caused by his negligent or wrongful act or omission in
24administering any treatment prescribed for mental or physical
25illness or addiction or exonerates a local public entity whose
		HB5568	- 4 -	LRB104 17152 JRC 30571 b
1employee, while acting in the scope of his employment, so
2causes such an injury.
3    (e) Nothing in this section exonerates a public employee 
4or medical facility from liability for injury proximately 
5caused by any negligent or wrongful conduct, act, or omission, 
6in the handling, identification, disposal, or treatment of a 
7deceased human, or exonerates a local public entity whose 
8employee, while acting in the scope of his or her employment, 
9so causes such an injury.
10    (f) The changes to this Section made by this amendatory 
11Act of the 104th General Assembly apply only to causes of 
12actions accruing on or after the effective date of this 
13amendatory Act of the 104th General Assembly.
14(Source: Laws 1965, p. 2983.)