100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0320
 
Introduced 1/24/2017, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 
  
210 ILCS 45/2-104.2  from Ch. 111 1/2, par. 4152-104.2

    Amends the Nursing Home Care Act.  Makes a technical change in a Section
concerning do-not-resuscitate orders.



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A BILL FOR
 


SB0320LRB100 05105 MJP 15115 b



1    AN ACT concerning regulation.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Nursing Home Care Act is amended by changing 
5Section 2-104.2 as follows:
 


6    (210 ILCS 45/2-104.2)  (from Ch. 111 1/2, par. 4152-104.2)



7    Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of 
8Public Health Uniform POLST form. 
9    (a) Every facility licensed under
this Act shall establish 
10a policy for the
the implementation of practitioner
orders 
11concerning cardiopulmonary resuscitation (CPR) or 
12life-sustaining treatment including, but not limited to,

13"Do-Not-Resuscitate" orders. This policy may only prescribe 
14the format,
method of documentation and duration of any 
15practitioner orders. Any orders under this policy shall be 
16honored by the facility.
The Department of Public Health 
17Uniform POLST form under Section 2310-600 of the Department of 
18Public Health Powers and Duties Law of the
Civil Administrative 
19Code of Illinois, or a copy of that form or a previous version 
20of the uniform form,

shall be
honored by the facility.
21    (b)  Within 30 days after admission, new residents who do 
22not have a guardian of the person or an executed power of 
23attorney for health care shall be provided with written notice, 
 
 
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1in a form and manner provided by rule of the Department, of 
2their right to provide the name of one or more potential health 
3care surrogates that a treating physician should consider in 
4selecting a surrogate to act on the resident's behalf should 
5the resident lose decision-making capacity.  The notice shall 
6include a form of declaration that may be utilized by the 
7resident to identify potential health care surrogates or by the 
8facility to document any inability or refusal to make such a 
9declaration.  A signed copy of the resident's declaration of a 
10potential health care surrogate or decision to decline to make 
11such a declaration, or documentation by the facility of the 
12resident's inability to make such a declaration, shall be 
13placed in the resident's clinical record and shall satisfy the 
14facility's obligation under this Section.  Such a declaration 
15shall be used only for informational purposes in the selection 
16of a surrogate pursuant to the Health Care Surrogate Act. A 
17facility that complies with this Section is not liable to any 
18healthcare provider, resident, or resident's representative or 
19any other person relating to the identification or selection of 
20a surrogate or potential health care surrogate. 
21(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.)