SB3076enr 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,
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 DNR/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 DNR/POLST

 

 

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1    form 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 published
13minimum requirements to nationally be considered a
14practitioner physician orders for life-sustaining treatment
15form, or POLST, and may be referred to as the Department of
16Public Health Uniform DNR/POLST form DNR Advance Directive.
17This form advance directive does not replace a physician's or
18other practitioner's authority to make a do-not-resuscitate
19(DNR) order.
20    (c) (Blank).
21    (d) The Department of Public Health shall publish the
22Department of Public Health Uniform DNR/POLST form reflecting
23the changes made by this amendatory Act of the 98th General
24Assembly no later than January 1, 2015.
25(Source: P.A. 97-382, eff. 1-1-12.)
 

 

 

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1    Section 10. The Nursing Home Care Act is amended by
2changing Section 2-104.2 as follows:
 
3    (210 ILCS 45/2-104.2)  (from Ch. 111 1/2, par. 4152-104.2)
4    Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of
5Public Health Uniform DNR/POLST form.
6    (a) Every facility licensed under this Act shall establish
7a policy for the implementation of practitioner physician
8orders concerning cardiopulmonary resuscitation (CPR) or
9life-sustaining treatment including, but not limited to,
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
13practitioner physician orders limiting resuscitation. Any
14orders under this policy shall be honored by the facility. The
15Department of Public Health Uniform DNR/POLST form under
16Section 2310-600 of the Department of Public Health Powers and
17Duties Law of the Civil Administrative Code of Illinois, DNR
18Advance Directive or a copy of that form or a previous version
19of the uniform form, Advance Directive shall be honored by the
20facility.
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,
24in a form and manner provided by rule of the Department, of
25their right to provide the name of one or more potential health

 

 

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1care surrogates that a treating physician should consider in
2selecting a surrogate to act on the resident's behalf should
3the resident lose decision-making capacity. The notice shall
4include a form of declaration that may be utilized by the
5resident to identify potential health care surrogates or by the
6facility to document any inability or refusal to make such a
7declaration. A signed copy of the resident's declaration of a
8potential health care surrogate or decision to decline to make
9such a declaration, or documentation by the facility of the
10resident's inability to make such a declaration, shall be
11placed in the resident's clinical record and shall satisfy the
12facility's obligation under this Section. Such a declaration
13shall be used only for informational purposes in the selection
14of a surrogate pursuant to the Health Care Surrogate Act. A
15facility that complies with this Section is not liable to any
16healthcare provider, resident, or resident's representative or
17any other person relating to the identification or selection of
18a surrogate or potential health care surrogate.
19(Source: P.A. 96-448, eff. 1-1-10.)
 
20    Section 12. The ID/DD Community Care Act is amended by
21changing Section 2-104.2 as follows:
 
22    (210 ILCS 47/2-104.2)
23    Sec. 2-104.2. Do Not Resuscitate Orders. Every facility
24licensed under this Act shall establish a policy for the

 

 

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1implementation of physician orders limiting resuscitation such
2as those commonly referred to as "Do Not Resuscitate" orders.
3This policy may only prescribe the format, method of
4documentation and duration of any physician orders limiting
5resuscitation. Any orders under this policy shall be honored by
6the facility. The Department of Public Health Uniform DNR/POLST
7DNR Order form or a copy of that form or a previous version of
8the uniform form shall be honored by the facility.
9(Source: P.A. 96-339, eff. 7-1-10.)
 
10    Section 15. The Emergency Medical Services (EMS) Systems
11Act is amended by changing Section 3.57 as follows:
 
12    (210 ILCS 50/3.57)
13    Sec. 3.57. Physician do-not-resuscitate orders and
14Department of Public Health Uniform DNR/POLST form. The
15Department of Public Health Uniform DNR/POLST form described in
16Section 2310-600 of the Department of Public Health Powers and
17Duties Law of the Civil Administrative Code of Illinois, DNR
18Advance Directive or a copy of that form or a previous version
19of the uniform form, Advance Directive shall be honored under
20this Act.
21(Source: P.A. 94-865, eff. 6-16-06.)
 
22    Section 20. The Hospital Licensing Act is amended by
23changing Section 6.19 as follows:
 

 

 

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1    (210 ILCS 85/6.19)
2    Sec. 6.19. Do-not-resuscitate orders and Department of
3Public Health Uniform DNR/POLST form. Every facility licensed
4under this Act shall establish a policy for the implementation
5of practitioner physician orders concerning cardiopulmonary
6resuscitation (CPR) or life-sustaining treatment including,
7but not limited to, limiting resuscitation, such as those
8orders commonly referred to as "do-not-resuscitate" orders.
9This policy may prescribe only the format, method of
10documentation, and duration of any practitioner physician
11orders limiting resuscitation. The policy may include forms to
12be used. Any orders issued under the policy shall be honored by
13the facility. The Department of Public Health Uniform DNR/POLST
14form described in Section 2310-600 of the Department of Public
15Health Powers and Duties Law of the Civil Administrative Code
16of Illinois, DNR Advance Directive or a copy of that form or a
17previous version of the uniform form, Advance Directive shall
18be honored under any policy established under this Section.
19(Source: P.A. 94-865, eff. 6-16-06.)
 
20    Section 25. 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 DNR/POLST form

 

 

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

 

 

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1individual, or from another person at the individual's
2direction, or from the individual's legal guardian, agent under
3a power of attorney for health care, or surrogate decision
4maker, and witnessed by one individual 18 years of age or
5older, who attests that the individual, other person, guardian,
6agent, or surrogate (1) has had an opportunity to read the
7form; and (2) has signed the form or acknowledged his or her
8signature or mark on the form in the witness's presence.
9    (b-5) As used in this Section, "attending health care
10practitioner" means an individual who (1) is an Illinois
11licensed physician, advanced practice nurse, physician
12assistant, or licensed resident after completion of one year in
13a program; (2) is selected by or assigned to the patient; and
14(3) has primary responsibility for treatment and care of the
15patient. "POLST" means practitioner orders for life-sustaining
16treatments.
17    (c) Nothing in this Section shall be construed to affect
18the ability of an individual to include instructions in an
19advance directive, such as a power of attorney for health care.
20The uniform form DNR Advance Directive may, but need not, be in
21the form adopted by the Department of Public Health pursuant to
22Section 2310-600 of the Department of Public Health Powers and
23Duties Law (20 ILCS 2310/2310-600).
24    (d) A health care professional or health care provider may
25presume, in the absence of knowledge to the contrary, that a
26completed Department of Public Health Uniform DNR/POLST form,

 

 

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1DNR Advance Directive or a copy of that form or a previous
2version of the uniform form, Advance Directive is a valid DNR
3Advance Directive. A health care professional or health care
4provider, or an employee of a health care professional or
5health care provider, who in good faith complies with a
6cardiopulmonary resuscitation (CPR) or life-sustaining
7treatment do-not-resuscitate order, Department of Public
8Health Uniform DNR/POLST form, or a previous version of the
9uniform form made in accordance with this Act is not, as a
10result of that compliance, subject to any criminal or civil
11liability, except for willful and wanton misconduct, and may
12not be found to have committed an act of unprofessional
13conduct.
14    (e) Nothing in this Section or this amendatory Amendatory
15Act of the 94th General Assembly or this amendatory Act of the
1698th 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.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.