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Full Text of SB3076  98th General Assembly

SB3076 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3076

 

Introduced 2/7/2014, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2310/2310-600
210 ILCS 45/2-104.2  from Ch. 111 1/2, par. 4152-104.2
210 ILCS 50/3.57
210 ILCS 85/6.19
755 ILCS 40/65

    Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health's required publication of advance directive law must include the practitioner (instead of "physician") orders for life-sustaining treatment (POLST) form. Provides that the Department of Public Health shall develop and publish a uniform form for practitioner cardiopulmonary resuscitation (CPR) or life sustaining treatment orders (instead of "physician do-not-resuscitate orders") that may be utilized in all settings. Changes references to the Department of Public Health DNR Advance Directive Form to references to the Department of Public Health Uniform POLST form. Makes corresponding changes in the Nursing Home Care Act, the Emergency Medical Services (EMS) Systems Act, the Hospital Licensing Act, and the Health Care Surrogate Act. Further amends the Health Care Surrogate Act. Provides that any attending health care practitioner (instead of "physician") may execute a POLST or advance directive form. Defines "attending health practitioner" as an individual who (1) is an Illinois licensed physician, advanced practice nurse, physician assistant, or licensed resident after completion of one year in a program; (2) is selected by or assigned to the patient; and (3) has primary responsibility for treatment and care of the patient. Provides that nothing in the Section concerning POST or do-not-resuscitate advance directive forms shall be construed to affect the ability of an individual to include instructions in an advance directive, such as a power of attorney for health care. Deletes language concerning the form of a DNR Advance Directive.


LRB098 15875 HEP 50920 b

 

 

A BILL FOR

 

SB3076LRB098 15875 HEP 50920 b

1    AN ACT concerning health care.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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 in Illinois
11that is required by the federal Patient Self-Determination Act,
12and related forms. Publication may be limited to the World Wide
13Web. The summary required under this subsection (a) must
14include the Department of Public Health Uniform POLST form.
15    (b) The Department of Public Health shall publish Spanish
16language versions of the following:
17        (1) The statutory Living Will Declaration form.
18        (2) The Illinois Statutory Short Form Power of Attorney
19    for Health Care.
20        (3) The statutory Declaration of Mental Health
21    Treatment Form.
22        (4) The summary of advance directives law in Illinois.
23        (5) The Department of Public Health Uniform POLST form

 

 

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1    DNR Advance Directive forms.
2    Publication may be limited to the World Wide Web.
3    (b-5) In consultation with a statewide professional
4organization representing physicians licensed to practice
5medicine in all its branches, statewide organizations
6representing nursing homes, registered professional nurses,
7and emergency medical systems, and a statewide organization
8representing hospitals, the Department of Public Health shall
9develop and publish a uniform form for practitioner
10cardiopulmonary resuscitation (CPR) or life sustaining
11treatment physician do-not-resuscitate orders that may be
12utilized in all settings. The form shall meet the minimum
13requirements to nationally be considered a practitioner
14physician orders for life-sustaining treatment form, or POLST,
15and may be referred to as the Department of Public Health
16Uniform POLST form DNR Advance Directive. This form advance
17directive does not replace a physician's or other
18practitioner's authority to make a do-not-resuscitate (DNR)
19order.
20    (c) (Blank).
21(Source: P.A. 97-382, eff. 1-1-12.)
 
22    Section 10. The Nursing Home Care Act is amended by
23changing Section 2-104.2 as follows:
 
24    (210 ILCS 45/2-104.2)  (from Ch. 111 1/2, par. 4152-104.2)

 

 

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1    Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of
2Public Health Uniform POLST forms.
3    (a) Every facility licensed under this Act shall establish
4a policy for the implementation of practitioner physician
5orders concerning cardiopulmonary resuscitation (CPR) or life
6sustaining treatment including but not limited to limiting
7resuscitation such as those commonly referred to as
8"Do-Not-Resuscitate" orders. This policy may only prescribe
9the format, method of documentation and duration of any
10practitioner physician orders limiting resuscitation. Any
11orders under this policy shall be honored by the facility. The
12Department of Public Health Uniform DNR Advance Directive and
13Department of Public Health Uniform POLST form under Section
142310-600 of the Department of Public Health Powers and Duties
15Law of the Civil Administrative Code of Illinois, or a copy of
16that Advance Directive or POLST form, shall be honored by the
17facility.
18    (b) Within 30 days after admission, new residents who do
19not have a guardian of the person or an executed power of
20attorney for health care shall be provided with written notice,
21in a form and manner provided by rule of the Department, of
22their right to provide the name of one or more potential health
23care surrogates that a treating physician should consider in
24selecting a surrogate to act on the resident's behalf should
25the resident lose decision-making capacity. The notice shall
26include a form of declaration that may be utilized by the

 

 

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1resident to identify potential health care surrogates or by the
2facility to document any inability or refusal to make such a
3declaration. A signed copy of the resident's declaration of a
4potential health care surrogate or decision to decline to make
5such a declaration, or documentation by the facility of the
6resident's inability to make such a declaration, shall be
7placed in the resident's clinical record and shall satisfy the
8facility's obligation under this Section. Such a declaration
9shall be used only for informational purposes in the selection
10of a surrogate pursuant to the Health Care Surrogate Act. A
11facility that complies with this Section is not liable to any
12healthcare provider, resident, or resident's representative or
13any other person relating to the identification or selection of
14a surrogate or potential health care surrogate.
15(Source: P.A. 96-448, eff. 1-1-10.)
 
16    Section 15. The Emergency Medical Services (EMS) Systems
17Act is amended by changing Section 3.57 as follows:
 
18    (210 ILCS 50/3.57)
19    Sec. 3.57. Physician do-not-resuscitate orders and
20Department of Public Health Uniform POLST forms. The Department
21of Public Health Uniform DNR Advance Directive and Department
22of Public Health Uniform POLST form described in Section
232310-600 of the Department of Public Health Powers and Duties
24Law of the Civil Administrative Code of Illinois, or a copy of

 

 

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1that Advance Directive or POLST form, shall be honored under
2this Act.
3(Source: P.A. 94-865, eff. 6-16-06.)
 
4    Section 20. The Hospital Licensing Act is amended by
5changing Section 6.19 as follows:
 
6    (210 ILCS 85/6.19)
7    Sec. 6.19. Do-not-resuscitate orders and Department of
8Public Health Uniform POLST forms. Every facility licensed
9under this Act shall establish a policy for the implementation
10of practitioner physician orders concerning cardiopulmonary
11resuscitation (CPR) or life sustaining treatment including but
12not limited to limiting resuscitation, such as those orders
13commonly referred to as "do-not-resuscitate" orders. This
14policy may prescribe only the format, method of documentation,
15and duration of any practitioner physician orders limiting
16resuscitation. The policy may include forms to be used. Any
17orders issued under the policy shall be honored by the
18facility. The Department of Public Health Uniform DNR Advance
19Directive and Department of Public Health Uniform POLST form
20described in Section 2310-600 of the Department of Public
21Health Powers and Duties Law of the Civil Administrative Code
22of Illinois, or a copy of that Advance Directive or POLST form,
23shall be honored under any policy established under this
24Section.

 

 

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1(Source: P.A. 94-865, eff. 6-16-06.)
 
2    Section 25. The Health Care Surrogate Act is amended by
3changing Section 65 as follows:
 
4    (755 ILCS 40/65)
5    Sec. 65. Department of Public Health Uniform POLST or
6do-not-resuscitate Do-not-resuscitate advance directive forms.
7    (a) An individual of sound mind and having reached the age
8of majority or having obtained the status of an emancipated
9person pursuant to the Emancipation of Minors Act may execute a
10document (consistent with the Department of Public Health
11Uniform POLST form described in Section 2310-600 of the
12Department of Public Health Powers and Duties Law of the Civil
13Administrative Code of Illinois DNR Advance Directive)
14directing that resuscitating efforts shall not be implemented.
15Such a document may also be executed by an attending health
16care practitioner physician. If more than one practitioner
17shares that responsibility, any of the attending health care
18practitioners may act under this Section. Notwithstanding the
19existence of a do-not-resuscitate (DNR) order or Department of
20Public Health Uniform POLST form, appropriate organ donation
21treatment may be applied or continued temporarily in the event
22of the patient's death, in accordance with subsection (g) of
23Section 20 of this Act, if the patient is an organ donor.
24    (b) Consent to a Department of Public Health Uniform POLST

 

 

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1form DNR Advance Directive may be obtained from the individual,
2or from another person at the individual's direction, or from
3the individual's legal guardian, agent under a power of
4attorney for health care, or surrogate decision maker, and
5witnessed by one individual 18 years of age or older, who
6attests that the individual, other person, guardian, agent, or
7surrogate (1) has had an opportunity to read the form; and (2)
8has signed the form or acknowledged his or her signature or
9mark on the form in the witness's presence.
10    (b-5) As used in this Section, "attending health care
11practitioner" means an individual who (1) is an Illinois
12licensed physician, advanced practice nurse, physician
13assistant, or licensed resident after completion of one year in
14a program; (2) is selected by or assigned to the patient; and
15(3) has primary responsibility for treatment and care of the
16patient. "POLST" means practitioner orders for life-sustaining
17treatments.
18    (c) Nothing in this Section shall be construed to affect
19the ability of an individual to include instructions in an
20advance directive, such as a power of attorney for health care.
21The DNR Advance Directive may, but need not, be in the form
22adopted by the Department of Public Health pursuant to Section
232310-600 of the Department of Public Health Powers and Duties
24Law (20 ILCS 2310/2310-600).
25    (d) A health care professional or health care provider may
26presume, in the absence of knowledge to the contrary, that a

 

 

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1completed Department of Public Health Uniform DNR Advance
2Directive or Department of Public Health Uniform POLST form, or
3a copy of that Advance Directive or POLST form, is a valid DNR
4Advance Directive. A health care professional or health care
5provider, or an employee of a health care professional or
6health care provider, who in good faith complies with a
7cardiopulmonary resuscitation (CPR) or life sustaining
8treatment do-not-resuscitate order, Department of Public
9Health Uniform DNR Advance Directive, or Department of Public
10Health Uniform POLST form made in accordance with this Act is
11not, as a result of that compliance, subject to any criminal or
12civil liability, except for willful and wanton misconduct, and
13may not be found to have committed an act of unprofessional
14conduct.
15    (e) Nothing in this Section or this Amendatory Act of the
1694th General Assembly shall be construed to affect the ability
17of a physician or other practitioner to make a
18do-not-resuscitate order.
19(Source: P.A. 96-765, eff. 1-1-10.)