Public Act 098-1110
 
SB3076 EnrolledLRB098 15875 HEP 50920 b

    AN ACT concerning health care.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-600 as follows:
 
    (20 ILCS 2310/2310-600)
    Sec. 2310-600. Advance directive information.
    (a) The Department of Public Health shall prepare and
publish the summary of advance directives law, as in Illinois
that is required by the federal Patient Self-Determination Act,
and related forms. Publication may be limited to the World Wide
Web. The summary required under this subsection (a) must
include the Department of Public Health Uniform DNR/POLST form.
    (b) The Department of Public Health shall publish Spanish
language versions of the following:
        (1) The statutory Living Will Declaration form.
        (2) The Illinois Statutory Short Form Power of Attorney
    for Health Care.
        (3) The statutory Declaration of Mental Health
    Treatment Form.
        (4) The summary of advance directives law in Illinois.
        (5) The Department of Public Health Uniform DNR/POLST
    form DNR Advance Directive forms.
    Publication may be limited to the World Wide Web.
    (b-5) In consultation with a statewide professional
organization representing physicians licensed to practice
medicine in all its branches, statewide organizations
representing nursing homes, registered professional nurses,
and emergency medical systems, and a statewide organization
representing hospitals, the Department of Public Health shall
develop and publish a uniform form for practitioner
cardiopulmonary resuscitation (CPR) or life-sustaining
treatment physician do-not-resuscitate orders that may be
utilized in all settings. The form shall meet the published
minimum requirements to nationally be considered a
practitioner physician orders for life-sustaining treatment
form, or POLST, and may be referred to as the Department of
Public Health Uniform DNR/POLST form DNR Advance Directive.
This form advance directive does not replace a physician's or
other practitioner's authority to make a do-not-resuscitate
(DNR) order.
    (c) (Blank).
    (d) The Department of Public Health shall publish the
Department of Public Health Uniform DNR/POLST form reflecting
the changes made by this amendatory Act of the 98th General
Assembly no later than January 1, 2015.
(Source: P.A. 97-382, eff. 1-1-12.)
 
    Section 10. The Nursing Home Care Act is amended by
changing Section 2-104.2 as follows:
 
    (210 ILCS 45/2-104.2)  (from Ch. 111 1/2, par. 4152-104.2)
    Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of
Public Health Uniform DNR/POLST form.
    (a) Every facility licensed under this Act shall establish
a policy for the implementation of practitioner physician
orders concerning cardiopulmonary resuscitation (CPR) or
life-sustaining treatment including, but not limited to,
limiting resuscitation such as those commonly referred to as
"Do-Not-Resuscitate" orders. This policy may only prescribe
the format, method of documentation and duration of any
practitioner physician orders limiting resuscitation. Any
orders under this policy shall be honored by the facility. The
Department of Public Health Uniform DNR/POLST form under
Section 2310-600 of the Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois, DNR
Advance Directive or a copy of that form or a previous version
of the uniform form, Advance Directive shall be honored by the
facility.
    (b) Within 30 days after admission, new residents who do
not have a guardian of the person or an executed power of
attorney for health care shall be provided with written notice,
in a form and manner provided by rule of the Department, of
their right to provide the name of one or more potential health
care surrogates that a treating physician should consider in
selecting a surrogate to act on the resident's behalf should
the resident lose decision-making capacity. The notice shall
include a form of declaration that may be utilized by the
resident to identify potential health care surrogates or by the
facility to document any inability or refusal to make such a
declaration. A signed copy of the resident's declaration of a
potential health care surrogate or decision to decline to make
such a declaration, or documentation by the facility of the
resident's inability to make such a declaration, shall be
placed in the resident's clinical record and shall satisfy the
facility's obligation under this Section. Such a declaration
shall be used only for informational purposes in the selection
of a surrogate pursuant to the Health Care Surrogate Act. A
facility that complies with this Section is not liable to any
healthcare provider, resident, or resident's representative or
any other person relating to the identification or selection of
a surrogate or potential health care surrogate.
(Source: P.A. 96-448, eff. 1-1-10.)
 
    Section 12. The ID/DD Community Care Act is amended by
changing Section 2-104.2 as follows:
 
    (210 ILCS 47/2-104.2)
    Sec. 2-104.2. Do Not Resuscitate Orders. Every facility
licensed under this Act shall establish a policy for the
implementation of physician orders limiting resuscitation such
as those commonly referred to as "Do Not Resuscitate" orders.
This policy may only prescribe the format, method of
documentation and duration of any physician orders limiting
resuscitation. Any orders under this policy shall be honored by
the facility. The Department of Public Health Uniform DNR/POLST
DNR Order form or a copy of that form or a previous version of
the uniform form shall be honored by the facility.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 15. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.57 as follows:
 
    (210 ILCS 50/3.57)
    Sec. 3.57. Physician do-not-resuscitate orders and
Department of Public Health Uniform DNR/POLST form. The
Department of Public Health Uniform DNR/POLST form described in
Section 2310-600 of the Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois, DNR
Advance Directive or a copy of that form or a previous version
of the uniform form, Advance Directive shall be honored under
this Act.
(Source: P.A. 94-865, eff. 6-16-06.)
 
    Section 20. The Hospital Licensing Act is amended by
changing Section 6.19 as follows:
 
    (210 ILCS 85/6.19)
    Sec. 6.19. Do-not-resuscitate orders and Department of
Public Health Uniform DNR/POLST form. Every facility licensed
under this Act shall establish a policy for the implementation
of practitioner physician orders concerning cardiopulmonary
resuscitation (CPR) or life-sustaining treatment including,
but not limited to, limiting resuscitation, such as those
orders commonly referred to as "do-not-resuscitate" orders.
This policy may prescribe only the format, method of
documentation, and duration of any practitioner physician
orders limiting resuscitation. The policy may include forms to
be used. Any orders issued under the policy shall be honored by
the facility. The Department of Public Health Uniform DNR/POLST
form described in Section 2310-600 of the Department of Public
Health Powers and Duties Law of the Civil Administrative Code
of Illinois, DNR Advance Directive or a copy of that form or a
previous version of the uniform form, Advance Directive shall
be honored under any policy established under this Section.
(Source: P.A. 94-865, eff. 6-16-06.)
 
    Section 25. The Health Care Surrogate Act is amended by
changing Section 65 as follows:
 
    (755 ILCS 40/65)
    Sec. 65. Department of Public Health Uniform DNR/POLST form
Do-not-resuscitate advance directive forms.
    (a) An individual of sound mind and having reached the age
of majority or having obtained the status of an emancipated
person pursuant to the Emancipation of Minors Act may execute a
document (consistent with the Department of Public Health
Uniform DNR/POLST form described in Section 2310-600 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois DNR Advance Directive)
directing that resuscitating efforts shall not be implemented.
Such a document may also be executed by an attending health
care practitioner physician. If more than one practitioner
shares that responsibility, any of the attending health care
practitioners may act under this Section. Notwithstanding the
existence of a do-not-resuscitate (DNR) order or Department of
Public Health Uniform DNR/POLST form, appropriate organ
donation treatment may be applied or continued temporarily in
the event of the patient's death, in accordance with subsection
(g) of Section 20 of this Act, if the patient is an organ
donor.
    (a-5) Execution of a Department of Public Health Uniform
DNR/POLST form is voluntary; no person can be required to
execute either form. A person who has executed a Department of
Public Health Uniform DNR/POLST form should review the form
annually and when the person's condition changes.
    (b) Consent to a Department of Public Health Uniform
DNR/POLST form DNR Advance Directive may be obtained from the
individual, or from another person at the individual's
direction, or from the individual's legal guardian, agent under
a power of attorney for health care, or surrogate decision
maker, and witnessed by one individual 18 years of age or
older, who attests that the individual, other person, guardian,
agent, or surrogate (1) has had an opportunity to read the
form; and (2) has signed the form or acknowledged his or her
signature or mark on the form in the witness's presence.
    (b-5) As used in this Section, "attending health care
practitioner" means 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. "POLST" means practitioner orders for life-sustaining
treatments.
    (c) Nothing in this Section 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.
The uniform form DNR Advance Directive may, but need not, be in
the form adopted by the Department of Public Health pursuant to
Section 2310-600 of the Department of Public Health Powers and
Duties Law (20 ILCS 2310/2310-600).
    (d) A health care professional or health care provider may
presume, in the absence of knowledge to the contrary, that a
completed Department of Public Health Uniform DNR/POLST form,
DNR Advance Directive or a copy of that form or a previous
version of the uniform form, Advance Directive is a valid DNR
Advance Directive. A health care professional or health care
provider, or an employee of a health care professional or
health care provider, who in good faith complies with a
cardiopulmonary resuscitation (CPR) or life-sustaining
treatment do-not-resuscitate order, Department of Public
Health Uniform DNR/POLST form, or a previous version of the
uniform form made in accordance with this Act is not, as a
result of that compliance, subject to any criminal or civil
liability, except for willful and wanton misconduct, and may
not be found to have committed an act of unprofessional
conduct.
    (e) Nothing in this Section or this amendatory Amendatory
Act of the 94th General Assembly or this amendatory Act of the
98th General Assembly shall be construed to affect the ability
of a physician or other practitioner to make a
do-not-resuscitate order.
(Source: P.A. 96-765, eff. 1-1-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2014