Full Text of SB3076 98th General Assembly
SB3076eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health care.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended 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 | 10 | | publish the summary of
advance directives law , as in Illinois | 11 | | that is required by the federal Patient
Self-Determination Act , | 12 | | and related forms . Publication may be limited to the World Wide | 13 | | Web. The summary required under this subsection (a) must | 14 | | include the Department of Public Health Uniform POLST form.
| 15 | | (b) The Department of Public Health shall publish
Spanish | 16 | | language
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 | 4 | | organization
representing
physicians licensed to practice | 5 | | medicine in all its branches, statewide
organizations | 6 | | representing nursing homes, registered professional nurses, | 7 | | and emergency medical systems, and a statewide
organization
| 8 | | representing hospitals, the Department of Public Health shall | 9 | | develop and
publish a uniform
form for practitioner | 10 | | cardiopulmonary resuscitation (CPR) or life-sustaining | 11 | | treatment physician do-not-resuscitate orders that may be | 12 | | utilized in all
settings. The form shall meet the minimum | 13 | | requirements to nationally be considered a practitioner | 14 | | physician orders for life-sustaining treatment form, or POLST, | 15 | | and
may be referred to as the Department of Public Health | 16 | | Uniform POLST form DNR Advance Directive . This form advance | 17 | | directive does not replace a physician's or other | 18 | | practitioner's authority to make a do-not-resuscitate (DNR) | 19 | | order.
| 20 | | (c) (Blank).
| 21 | | (Source: P.A. 97-382, eff. 1-1-12.)
| 22 | | Section 10. The Nursing Home Care Act is amended by | 23 | | changing 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 | 2 | | Public Health Uniform POLST forms . | 3 | | (a) Every facility licensed under
this Act shall establish | 4 | | a policy for the implementation of practitioner physician
| 5 | | orders concerning cardiopulmonary resuscitation (CPR) or | 6 | | life-sustaining treatment including but not limited to | 7 | | limiting resuscitation such as those commonly referred to as
| 8 | | "Do-Not-Resuscitate" orders. This policy may only prescribe | 9 | | the format,
method of documentation and duration of any | 10 | | practitioner physician orders limiting
resuscitation . Any | 11 | | orders under this policy shall be honored by the facility.
The | 12 | | Department of Public Health Uniform DNR Advance Directive and | 13 | | Department of Public Health Uniform POLST form under Section | 14 | | 2310-600 of the Department of Public Health Powers and Duties | 15 | | Law of the
Civil Administrative Code of Illinois, or a copy of | 16 | | that Advance Directive or POLST form,
shall be
honored by the | 17 | | facility.
| 18 | | (b) Within 30 days after admission, new residents who do | 19 | | not have a guardian of the person or an executed power of | 20 | | attorney for health care shall be provided with written notice, | 21 | | in a form and manner provided by rule of the Department, of | 22 | | their right to provide the name of one or more potential health | 23 | | care surrogates that a treating physician should consider in | 24 | | selecting a surrogate to act on the resident's behalf should | 25 | | the resident lose decision-making capacity. The notice shall | 26 | | include a form of declaration that may be utilized by the |
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| 1 | | resident to identify potential health care surrogates or by the | 2 | | facility to document any inability or refusal to make such a | 3 | | declaration. A signed copy of the resident's declaration of a | 4 | | potential health care surrogate or decision to decline to make | 5 | | such a declaration, or documentation by the facility of the | 6 | | resident's inability to make such a declaration, shall be | 7 | | placed in the resident's clinical record and shall satisfy the | 8 | | facility's obligation under this Section. Such a declaration | 9 | | shall be used only for informational purposes in the selection | 10 | | of a surrogate pursuant to the Health Care Surrogate Act. A | 11 | | facility that complies with this Section is not liable to any | 12 | | healthcare provider, resident, or resident's representative or | 13 | | any other person relating to the identification or selection of | 14 | | a 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 | 17 | | Act 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 | 20 | | Department of Public Health Uniform POLST forms . The Department | 21 | | of Public
Health
Uniform DNR Advance Directive and Department | 22 | | of Public Health Uniform POLST form described in Section | 23 | | 2310-600 of the Department of Public Health Powers and Duties | 24 | | Law of the
Civil Administrative Code of Illinois, or a copy of |
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| 1 | | that Advance Directive or POLST form, shall be honored under | 2 | | this
Act.
| 3 | | (Source: P.A. 94-865, eff. 6-16-06.)
| 4 | | Section 20. The Hospital Licensing Act is amended by | 5 | | changing Section 6.19 as follows:
| 6 | | (210 ILCS 85/6.19)
| 7 | | Sec. 6.19. Do-not-resuscitate orders and Department of | 8 | | Public Health Uniform POLST forms . Every facility licensed | 9 | | under this
Act shall establish a policy for the implementation | 10 | | of practitioner physician orders
concerning cardiopulmonary | 11 | | resuscitation (CPR) or life-sustaining treatment including but | 12 | | not limited to limiting resuscitation, such as those orders | 13 | | commonly referred to as
"do-not-resuscitate" orders. This | 14 | | policy may prescribe only the format,
method of documentation, | 15 | | and duration of any practitioner physician orders limiting
| 16 | | resuscitation . The policy may include forms to be used. Any | 17 | | orders issued
under the policy shall be honored by the | 18 | | facility. The Department of Public
Health Uniform DNR Advance | 19 | | Directive and Department of Public Health Uniform POLST form | 20 | | described in Section 2310-600 of the Department of Public | 21 | | Health Powers and Duties Law of the
Civil Administrative Code | 22 | | of Illinois, or a copy of that Advance Directive or POLST form, | 23 | | shall be honored under any
policy established under this | 24 | | Section.
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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 | 3 | | changing Section 65 as follows: | 4 | | (755 ILCS 40/65)
| 5 | | Sec. 65. Department of Public Health Uniform POLST or | 6 | | do-not-resuscitate Do-not-resuscitate advance directive forms.
| 7 | | (a) An individual of sound mind and having reached the age | 8 | | of majority or
having
obtained the status of an emancipated | 9 | | person pursuant to the Emancipation of
Minors Act may execute a | 10 | | document (consistent with the Department of Public
Health | 11 | | Uniform POLST form described in Section 2310-600 of the | 12 | | Department of Public Health Powers and Duties Law of the
Civil | 13 | | Administrative Code of Illinois DNR Advance Directive ) | 14 | | directing that
resuscitating efforts shall not be implemented. | 15 | | Such a document may also
be executed by an attending health | 16 | | care practitioner physician . If more than one practitioner | 17 | | shares that responsibility, any of the attending health care | 18 | | practitioners may act under this Section. Notwithstanding the | 19 | | existence of a do-not-resuscitate (DNR)
order or Department of | 20 | | Public Health Uniform POLST form , appropriate organ donation | 21 | | treatment may be applied or continued
temporarily in the event | 22 | | of the patient's death, in accordance with subsection
(g) of | 23 | | Section 20 of this Act, if the patient is an organ donor. | 24 | |
(a-5) Execution of a Department of Public Health Uniform |
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| 1 | | POLST form or Department of Health Uniform DNR Advance | 2 | | Directive is voluntary; no person can be required to execute | 3 | | either form. A person who has executed either a Department of | 4 | | Public Health Uniform POLST form or Department of Health | 5 | | Uniform DNR Advance Directive should review the form annually | 6 | | and when the person's condition changes.
| 7 | | (b) Consent to a Department of Public Health Uniform POLST | 8 | | form DNR Advance Directive may be obtained from the individual, | 9 | | or from
another
person at the individual's direction, or from | 10 | | the individual's legal guardian,
agent under a
power of | 11 | | attorney for health care, or surrogate decision maker, and | 12 | | witnessed
by one individual 18 years of age or older, who | 13 | | attests that the individual, other person, guardian, agent, or | 14 | | surrogate (1) has had an opportunity to read the form; and (2) | 15 | | has signed the form or acknowledged his or her signature or | 16 | | mark on the form in the witness's presence.
| 17 | | (b-5) As used in this Section, "attending health care | 18 | | practitioner" means an individual who (1) is an Illinois | 19 | | licensed physician, advanced practice nurse, physician | 20 | | assistant, or licensed resident after completion of one year in | 21 | | a program; (2) is selected by or assigned to the patient; and | 22 | | (3) has primary responsibility for treatment and care of the | 23 | | patient. "POLST" means practitioner orders for life-sustaining | 24 | | treatments. | 25 | | (c) Nothing in this Section shall be construed to affect | 26 | | the ability of an individual to include instructions in an |
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| 1 | | advance directive, such as a power of attorney for health care. | 2 | | The Department of Public Health Uniform DNR Advance Directive | 3 | | or POLST form may, but need not, be in the form adopted by the
| 4 | | Department
of
Public Health . pursuant to Section 2310-600 of | 5 | | the Department of Public Health
Powers and
Duties Law (20 ILCS | 6 | | 2310/2310-600).
| 7 | | (d) A health care professional or health care provider may | 8 | | presume, in the
absence
of knowledge to the contrary, that a | 9 | | completed Department of Public Health
Uniform DNR
Advance | 10 | | Directive or Department of Public Health Uniform POLST form,
or | 11 | | a copy of that Advance Directive or POLST form, is a valid DNR | 12 | | Advance Directive . A health care professional or
health
care | 13 | | provider, or an employee of a health care professional or | 14 | | health care
provider, who in
good faith complies
with a | 15 | | cardiopulmonary resuscitation (CPR) or life-sustaining | 16 | | treatment do-not-resuscitate order , Department of Public | 17 | | Health
Uniform DNR
Advance Directive, or Department of Public | 18 | | Health Uniform POLST form made in accordance with this Act is | 19 | | not,
as a result of that compliance, subject to any criminal or | 20 | | civil liability,
except for willful and wanton misconduct, and
| 21 | | may not be found to have committed an act of unprofessional | 22 | | conduct. | 23 | | (e) Nothing in this Section or this Amendatory Act of the | 24 | | 94th General Assembly shall be construed to affect the ability | 25 | | of a physician or other practitioner to make a | 26 | | do-not-resuscitate order.
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| 1 | | (Source: P.A. 96-765, eff. 1-1-10.)
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