Public Act 097-0179
SB1248 EnrolledLRB097 07267 RPM 47376 b

    AN ACT concerning health facilities.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Nursing Home Care Act is amended by changing
Section 2-104 as follows:
    (210 ILCS 45/2-104)  (from Ch. 111 1/2, par. 4152-104)
    Sec. 2-104. (a) A resident shall be permitted to retain the
services of his own personal physician at his own expense or
under an individual or group plan of health insurance, or under
any public or private assistance program providing such
coverage. However, the facility is not liable for the
negligence of any such personal physician. Every resident shall
be permitted to obtain from his own physician or the physician
attached to the facility complete and current information
concerning his medical diagnosis, treatment and prognosis in
terms and language the resident can reasonably be expected to
understand. Every resident shall be permitted to participate in
the planning of his total care and medical treatment to the
extent that his condition permits. No resident shall be
subjected to experimental research or treatment without first
obtaining his informed, written consent. The conduct of any
experimental research or treatment shall be authorized and
monitored by an institutional review board appointed by the
Director. The membership, operating procedures and review
criteria for the institutional review board shall be prescribed
under rules and regulations of the Department and shall comply
with the requirements for institutional review boards
established by the federal Food and Drug Administration. No
person who has received compensation in the prior 3 years from
an entity that manufactures, distributes, or sells
pharmaceuticals, biologics, or medical devices may serve on the
institutional review board.
    The institutional review board may approve only research or
treatment that meets the standards of the federal Food and Drug
Administration with respect to (i) the protection of human
subjects and (ii) financial disclosure by clinical
investigators. The Office of State Long Term Care Ombudsman and
the State Protection and Advocacy organization shall be given
an opportunity to comment on any request for approval before
the board makes a decision. Those entities shall not be
provided information that would allow a potential human subject
to be individually identified, unless the board asks the
Ombudsman for help in securing information from or about the
resident. The board shall require frequent reporting of the
progress of the approved research or treatment and its impact
on residents, including immediate reporting of any adverse
impact to the resident, the resident's representative, the
Office of the State Long Term Care Ombudsman, and the State
Protection and Advocacy organization. The board may not approve
any retrospective study of the records of any resident about
the safety or efficacy of any care or treatment if the resident
was under the care of the proposed researcher or a business
associate when the care or treatment was given, unless the
study is under the control of a researcher without any business
relationship to any person or entity who could benefit from the
findings of the study.
    No facility shall permit experimental research or
treatment to be conducted on a resident, or give access to any
person or person's records for a retrospective study about the
safety or efficacy of any care or treatment, without the prior
written approval of the institutional review board. No nursing
home administrator, or person licensed by the State to provide
medical care or treatment to any person, may assist or
participate in any experimental research on or treatment of a
resident, including a retrospective study, that does not have
the prior written approval of the board. Such conduct shall be
grounds for professional discipline by the Department of
Financial and Professional Regulation.
    The institutional review board may exempt from ongoing
review research or treatment initiated on a resident before the
individual's admission to a facility and for which the board
determines there is adequate ongoing oversight by another
institutional review board. Nothing in this Section shall
prevent a facility, any facility employee, or any other person
from assisting or participating in any experimental research on
or treatment of a resident, if the research or treatment began
before the person's admission to a facility, until the board
has reviewed the research or treatment and decided to grant or
deny approval or to exempt the research or treatment from
ongoing review.
    (b) All medical treatment and procedures shall be
administered as ordered by a physician. All new physician
orders shall be reviewed by the facility's director of nursing
or charge nurse designee within 24 hours after such orders have
been issued to assure facility compliance with such orders.
    All physician's orders and plans of treatment shall have
the authentication of the physician. For the purposes of this
subsection (b), "authentication" means an original written
signature or an electronic signature system that allows for the
verification of a signer's credentials. A stamp signature, with
or without initials, is not sufficient.
    According to rules adopted by the Department, every woman
resident of child-bearing age shall receive routine
obstetrical and gynecological evaluations as well as necessary
prenatal care.
    (c) Every resident shall be permitted to refuse medical
treatment and to know the consequences of such action, unless
such refusal would be harmful to the health and safety of
others and such harm is documented by a physician in the
resident's clinical record. The resident's refusal shall free
the facility from the obligation to provide the treatment.
    (d) Every resident, resident's guardian, or parent if the
resident is a minor shall be permitted to inspect and copy all
his clinical and other records concerning his care and
maintenance kept by the facility or by his physician. The
facility may charge a reasonable fee for duplication of a
(Source: P.A. 96-1372, eff. 7-29-10.)