97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0666

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

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.


LRB097 03494 RPM 43531 b

 

 

A BILL FOR

 

HB0666LRB097 03494 RPM 43531 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.
8    (a) Every facility licensed under this Act shall establish
9a policy for the the implementation of physician orders
10limiting resuscitation such as those commonly referred to as
11"Do-Not-Resuscitate" orders. This policy may only prescribe
12the format, method of documentation and duration of any
13physician orders limiting resuscitation. Any orders under this
14policy shall be honored by the facility. The Department of
15Public Health Uniform DNR Advance Directive or a copy of that
16Advance Directive shall be honored by the facility.
17    (b) Within 30 days after admission, new residents who do
18not have a guardian of the person or an executed power of
19attorney for health care shall be provided with written notice,
20in a form and manner provided by rule of the Department, of
21their right to provide the name of one or more potential health
22care surrogates that a treating physician should consider in
23selecting a surrogate to act on the resident's behalf should

 

 

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1the resident lose decision-making capacity. The notice shall
2include a form of declaration that may be utilized by the
3resident to identify potential health care surrogates or by the
4facility to document any inability or refusal to make such a
5declaration. A signed copy of the resident's declaration of a
6potential health care surrogate or decision to decline to make
7such a declaration, or documentation by the facility of the
8resident's inability to make such a declaration, shall be
9placed in the resident's clinical record and shall satisfy the
10facility's obligation under this Section. Such a declaration
11shall be used only for informational purposes in the selection
12of a surrogate pursuant to the Health Care Surrogate Act. A
13facility that complies with this Section is not liable to any
14healthcare provider, resident, or resident's representative or
15any other person relating to the identification or selection of
16a surrogate or potential health care surrogate.
17(Source: P.A. 96-448, eff. 1-1-10.)