Illinois General Assembly - Full Text of HB1335
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Full Text of HB1335  99th General Assembly


Rep. Greg Harris

Filed: 3/12/2015





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2    AMENDMENT NO. ______. Amend House Bill 1335 as follows:
3on page 4, above line 9, by inserting the following:
4    "Section 80. The Nursing Home Care Act is amended by
5changing Section 2-104 as follows:
6    (210 ILCS 45/2-104)  (from Ch. 111 1/2, par. 4152-104)
7    Sec. 2-104. (a) A resident shall be permitted to retain the
8services of his own personal physician at his own expense or
9under an individual or group plan of health insurance, or under
10any public or private assistance program providing such
11coverage. However, the facility is not liable for the
12negligence of any such personal physician. Every resident shall
13be permitted to obtain from his own physician or the physician
14attached to the facility complete and current information
15concerning his medical diagnosis, treatment and prognosis in



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1terms and language the resident can reasonably be expected to
2understand. Every resident shall be permitted to participate in
3the planning of his total care and medical treatment to the
4extent that his condition permits. No resident shall be
5subjected to experimental research or treatment without first
6obtaining his informed, written consent. The conduct of any
7experimental research or treatment shall be authorized and
8monitored by an institutional review board appointed by the
9Director. The membership, operating procedures and review
10criteria for the institutional review board shall be prescribed
11under rules and regulations of the Department and shall comply
12with the requirements for institutional review boards
13established by the federal Food and Drug Administration. No
14person who has received compensation in the prior 3 years from
15an entity that manufactures, distributes, or sells
16pharmaceuticals, biologics, or medical devices may serve on the
17institutional review board.
18    The institutional review board may approve only research or
19treatment that meets the standards of the federal Food and Drug
20Administration with respect to (i) the protection of human
21subjects and (ii) financial disclosure by clinical
22investigators. The Office of State Long Term Care Ombudsman and
23the State Protection and Advocacy organization shall be given
24an opportunity to comment on any request for approval before
25the board makes a decision. Those entities shall not be
26provided information that would allow a potential human subject



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1to be individually identified, unless the board asks the
2Ombudsman for help in securing information from or about the
3resident. The board shall require frequent reporting of the
4progress of the approved research or treatment and its impact
5on residents, including immediate reporting of any adverse
6impact to the resident, the resident's representative, the
7Office of the State Long Term Care Ombudsman, and the State
8Protection and Advocacy organization. The board may not approve
9any retrospective study of the records of any resident about
10the safety or efficacy of any care or treatment if the resident
11was under the care of the proposed researcher or a business
12associate when the care or treatment was given, unless the
13study is under the control of a researcher without any business
14relationship to any person or entity who could benefit from the
15findings of the study.
16    No facility shall permit experimental research or
17treatment to be conducted on a resident, or give access to any
18person or person's records for a retrospective study about the
19safety or efficacy of any care or treatment, without the prior
20written approval of the institutional review board. No nursing
21home administrator, or person licensed by the State to provide
22medical care or treatment to any person, may assist or
23participate in any experimental research on or treatment of a
24resident, including a retrospective study, that does not have
25the prior written approval of the board. Such conduct shall be
26grounds for professional discipline by the Department of



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1Financial and Professional Regulation.
2    The institutional review board may exempt from ongoing
3review research or treatment initiated on a resident before the
4individual's admission to a facility and for which the board
5determines there is adequate ongoing oversight by another
6institutional review board. Nothing in this Section shall
7prevent a facility, any facility employee, or any other person
8from assisting or participating in any experimental research on
9or treatment of a resident, if the research or treatment began
10before the person's admission to a facility, until the board
11has reviewed the research or treatment and decided to grant or
12deny approval or to exempt the research or treatment from
13ongoing review.
14    The institutional review board requirements of this
15subsection (a) do not apply to investigational drugs,
16biological products, or devices used by a resident with a
17terminal illness as set forth in the Right to Try Act.
18    (b) All medical treatment and procedures shall be
19administered as ordered by a physician. All new physician
20orders shall be reviewed by the facility's director of nursing
21or charge nurse designee within 24 hours after such orders have
22been issued to assure facility compliance with such orders.
23    All physician's orders and plans of treatment shall have
24the authentication of the physician. For the purposes of this
25subsection (b), "authentication" means an original written
26signature or an electronic signature system that allows for the



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1verification of a signer's credentials. A stamp signature, with
2or without initials, is not sufficient.
3    According to rules adopted by the Department, every woman
4resident of child-bearing age shall receive routine
5obstetrical and gynecological evaluations as well as necessary
6prenatal care.
7    (c) Every resident shall be permitted to refuse medical
8treatment and to know the consequences of such action, unless
9such refusal would be harmful to the health and safety of
10others and such harm is documented by a physician in the
11resident's clinical record. The resident's refusal shall free
12the facility from the obligation to provide the treatment.
13    (d) Every resident, resident's guardian, or parent if the
14resident is a minor shall be permitted to inspect and copy all
15his clinical and other records concerning his care and
16maintenance kept by the facility or by his physician. The
17facility may charge a reasonable fee for duplication of a
19(Source: P.A. 96-1372, eff. 7-29-10; 97-179, eff. 1-1-12.)";
21on page 4, line 9, by replacing "Section 30." with "Section