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Full Text of SB1466  99th General Assembly

SB1466ham001 99TH GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 5/25/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1466

2    AMENDMENT NO. ______. Amend Senate Bill 1466 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-600 as follows:
 
7    (20 ILCS 2310/2310-600)
8    Sec. 2310-600. Advance directive information.
9    (a) The Department of Public Health shall prepare and
10publish the summary of advance directives law, as required by
11the federal Patient Self-Determination Act, and related forms.
12Publication may be limited to the World Wide Web. The summary
13required under this subsection (a) must include the Department
14of Public Health Uniform POLST DNR/POLST form.
15    (b) The Department of Public Health shall publish Spanish
16language versions of the following:

 

 

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1        (1) The statutory Living Will Declaration form.
2        (2) The Illinois Statutory Short Form Power of Attorney
3    for Health Care.
4        (3) The statutory Declaration of Mental Health
5    Treatment Form.
6        (4) The summary of advance directives law in Illinois.
7        (5) The Department of Public Health Uniform POLST
8    DNR/POLST form.
9    Publication may be limited to the World Wide Web.
10    (b-5) In consultation with a statewide professional
11organization representing physicians licensed to practice
12medicine in all its branches, statewide organizations
13representing nursing homes, registered professional nurses,
14and emergency medical systems, and a statewide organization
15representing hospitals, the Department of Public Health shall
16develop and publish a uniform form for practitioner
17cardiopulmonary resuscitation (CPR) or life-sustaining
18treatment orders that may be utilized in all settings. The form
19shall meet the published minimum requirements to nationally be
20considered a practitioner orders for life-sustaining treatment
21form, or POLST, and may be referred to as the Department of
22Public Health Uniform POLST DNR/POLST form. This form does not
23replace a physician's or other practitioner's authority to make
24a do-not-resuscitate (DNR) order.
25    (c) (Blank).
26    (d) The Department of Public Health shall publish the

 

 

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1Department of Public Health Uniform POLST DNR/POLST form
2reflecting the changes made by this amendatory Act of the 98th
3General Assembly no later than January 1, 2015.
4(Source: P.A. 97-382, eff. 1-1-12; 98-1110, eff. 8-26-14.)
 
5    Section 10. The Nursing Home Care Act is amended by
6changing Section 2-104.2 as follows:
 
7    (210 ILCS 45/2-104.2)  (from Ch. 111 1/2, par. 4152-104.2)
8    Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of
9Public Health Uniform POLST DNR/POLST form.
10    (a) Every facility licensed under this Act shall establish
11a policy for the implementation of practitioner orders
12concerning cardiopulmonary resuscitation (CPR) or
13life-sustaining treatment including, but not limited to,
14"Do-Not-Resuscitate" orders. This policy may only prescribe
15the format, method of documentation and duration of any
16practitioner orders. Any orders under this policy shall be
17honored by the facility. The Department of Public Health
18Uniform POLST DNR/POLST form under Section 2310-600 of the
19Department of Public Health Powers and Duties Law of the Civil
20Administrative Code of Illinois, or a copy of that form or a
21previous version of the uniform form, shall be honored by the
22facility.
23    (b) Within 30 days after admission, new residents who do
24not have a guardian of the person or an executed power of

 

 

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1attorney for health care shall be provided with written notice,
2in a form and manner provided by rule of the Department, of
3their right to provide the name of one or more potential health
4care surrogates that a treating physician should consider in
5selecting a surrogate to act on the resident's behalf should
6the resident lose decision-making capacity. The notice shall
7include a form of declaration that may be utilized by the
8resident to identify potential health care surrogates or by the
9facility to document any inability or refusal to make such a
10declaration. A signed copy of the resident's declaration of a
11potential health care surrogate or decision to decline to make
12such a declaration, or documentation by the facility of the
13resident's inability to make such a declaration, shall be
14placed in the resident's clinical record and shall satisfy the
15facility's obligation under this Section. Such a declaration
16shall be used only for informational purposes in the selection
17of a surrogate pursuant to the Health Care Surrogate Act. A
18facility that complies with this Section is not liable to any
19healthcare provider, resident, or resident's representative or
20any other person relating to the identification or selection of
21a surrogate or potential health care surrogate.
22(Source: P.A. 98-1110, eff. 8-26-14.)
 
23    Section 15. The ID/DD Community Care Act is amended by
24changing Section 2-104.2 as follows:
 

 

 

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1    (210 ILCS 47/2-104.2)
2    Sec. 2-104.2. Do Not Resuscitate Orders. Every facility
3licensed under this Act shall establish a policy for the
4implementation of physician orders limiting resuscitation such
5as those commonly referred to as "Do Not Resuscitate" orders.
6This policy may only prescribe the format, method of
7documentation and duration of any physician orders limiting
8resuscitation. Any orders under this policy shall be honored by
9the facility. The Department of Public Health Uniform POLST
10DNR/POLST form or a copy of that form or a previous version of
11the uniform form shall be honored by the facility.
12(Source: P.A. 98-1110, eff. 8-26-14.)
 
13    Section 20. The Emergency Medical Services (EMS) Systems
14Act is amended by changing Section 3.57 as follows:
 
15    (210 ILCS 50/3.57)
16    Sec. 3.57. Physician do-not-resuscitate orders and
17Department of Public Health Uniform POLST DNR/POLST form. The
18Department of Public Health Uniform POLST DNR/POLST form
19described in Section 2310-600 of the Department of Public
20Health Powers and Duties Law of the Civil Administrative Code
21of Illinois, or a copy of that form or a previous version of
22the uniform form, shall be honored under this Act.
23(Source: P.A. 98-1110, eff. 8-26-14.)
 

 

 

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1    Section 25. The Hospital Licensing Act is amended by
2changing Section 6.19 as follows:
 
3    (210 ILCS 85/6.19)
4    Sec. 6.19. Do-not-resuscitate orders and Department of
5Public Health Uniform POLST DNR/POLST form. Every facility
6licensed under this Act shall establish a policy for the
7implementation of practitioner orders concerning
8cardiopulmonary resuscitation (CPR) or life-sustaining
9treatment including, but not limited to, "do-not-resuscitate"
10orders. This policy may prescribe only the format, method of
11documentation, and duration of any practitioner orders. The
12policy may include forms to be used. Any orders issued under
13the policy shall be honored by the facility. The Department of
14Public Health Uniform POLST DNR/POLST form described in Section
152310-600 of the Department of Public Health Powers and Duties
16Law of the Civil Administrative Code of Illinois, or a copy of
17that form or a previous version of the uniform form, shall be
18honored under any policy established under this Section.
19(Source: P.A. 98-1110, eff. 8-26-14.)
 
20    Section 30. The Health Care Surrogate Act is amended by
21changing Section 65 as follows:
 
22    (755 ILCS 40/65)
23    Sec. 65. Department of Public Health Uniform POLST

 

 

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1DNR/POLST form.
2    (a) An individual of sound mind and having reached the age
3of majority or having obtained the status of an emancipated
4person pursuant to the Emancipation of Minors Act may execute a
5document (consistent with the Department of Public Health
6Uniform POLST DNR/POLST form described in Section 2310-600 of
7the Department of Public Health Powers and Duties Law of the
8Civil Administrative Code of Illinois) directing that
9resuscitating efforts shall not be implemented. Such a document
10may also be executed by an attending health care practitioner.
11If more than one practitioner shares that responsibility, any
12of the attending health care practitioners may act under this
13Section. Notwithstanding the existence of a do-not-resuscitate
14(DNR) order or Department of Public Health Uniform POLST
15DNR/POLST form, appropriate organ donation treatment may be
16applied or continued temporarily in the event of the patient's
17death, in accordance with subsection (g) of Section 20 of this
18Act, if the patient is an organ donor.
19    (a-5) Execution of a Department of Public Health Uniform
20POLST DNR/POLST form is voluntary; no person can be required to
21execute either form. A person who has executed a Department of
22Public Health Uniform POLST DNR/POLST form should review the
23form annually and when the person's condition changes.
24    (b) Consent to a Department of Public Health Uniform POLST
25DNR/POLST form may be obtained from the individual, or from
26another person at the individual's direction, or from the

 

 

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1individual's legal guardian, agent under a power of attorney
2for health care, or surrogate decision maker, and witnessed by
3one individual 18 years of age or older, who attests that the
4individual, other person, guardian, agent, or surrogate (1) has
5had an opportunity to read the form; and (2) has signed the
6form or acknowledged his or her signature or mark on the form
7in the witness's presence.
8    (b-5) As used in this Section, "attending health care
9practitioner" means an individual who (1) is an Illinois
10licensed physician, advanced practice nurse, physician
11assistant, or licensed resident after completion of one year in
12a program; (2) is selected by or assigned to the patient; and
13(3) has primary responsibility for treatment and care of the
14patient. "POLST" means practitioner orders for life-sustaining
15treatments.
16    (c) Nothing in this Section shall be construed to affect
17the ability of an individual to include instructions in an
18advance directive, such as a power of attorney for health care.
19The uniform form may, but need not, be in the form adopted by
20the Department of Public Health pursuant to Section 2310-600 of
21the Department of Public Health Powers and Duties Law (20 ILCS
222310/2310-600).
23    (d) A health care professional or health care provider may
24presume, in the absence of knowledge to the contrary, that a
25completed Department of Public Health Uniform POLST DNR/POLST
26form, or a copy of that form or a previous version of the

 

 

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1uniform form, is valid. A health care professional or health
2care provider, or an employee of a health care professional or
3health care provider, who in good faith complies with a
4cardiopulmonary resuscitation (CPR) or life-sustaining
5treatment order, Department of Public Health Uniform POLST
6DNR/POLST form, or a previous version of the uniform form made
7in accordance with this Act is not, as a result of that
8compliance, subject to any criminal or civil liability, except
9for willful and wanton misconduct, and may not be found to have
10committed an act of unprofessional conduct.
11    (e) Nothing in this Section or this amendatory Act of the
1294th General Assembly or this amendatory Act of the 98th
13General Assembly shall be construed to affect the ability of a
14physician or other practitioner to make a do-not-resuscitate
15order.
16(Source: P.A. 98-1110, eff. 8-26-14.)".