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| Public Act 094-0865 |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(20 ILCS 2310/2310-600)
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Sec. 2310-600. Advance directive information.
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(a) The Department of Public Health shall prepare and | ||||
publish the summary of
advance directives law in Illinois that | ||||
is required by the federal Patient
Self-Determination Act. | ||||
Publication may be limited to the World Wide Web.
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(b) The Department of Public Health shall adopt, by rule, | ||||
and publish
Spanish language
versions of the following:
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(1) The statutory Living Will Declaration form.
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(2) The Illinois Statutory Short Form Power of Attorney | ||||
for Health Care.
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(3) The statutory Declaration of Mental Health | ||||
Treatment Form.
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(4) The summary of advance directives law in Illinois.
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(5) Any statewide uniform Do Not Resuscitate forms.
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Publication may be limited to the World Wide Web.
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(b-5) In consultation with a statewide professional | ||||
organization
representing
physicians licensed to practice | ||||
medicine in all its branches, statewide
organizations | ||||
representing nursing homes, and a statewide
organization
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representing hospitals, the Department of Public Health shall | ||||
develop and
publish a uniform
form for physician | ||||
do-not-resuscitate orders that may be utilized in all
settings. | ||||
The form
may be referred to as the Department of Public Health | ||||
Uniform DNR Advance Directive
Order form. This advance | ||||
directive does not replace a physician's do-not-resuscitate | ||||
(DNR) order.
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(c) The Department of Public Health may contract with | ||
statewide professional
organizations representing physicians | ||
licensed to practice medicine in all
its branches to prepare | ||
and publish
materials
required by this Section.
The Department | ||
of Public Health may consult with a statewide organization
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representing registered professional nurses on preparing | ||
materials required by
this Section.
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(Source: P.A. 91-789, eff. 1-1-01; 92-356, eff. 10-1-01.)
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Section 10. The Nursing Home Care Act is amended by | ||
changing Section 2-104.2 as follows:
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(210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
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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
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resuscitation. Any orders under this policy shall be honored by | ||
the facility.
The Department of Public Health Uniform DNR | ||
Advance Directive
Order
form or a copy of that Advance | ||
Directive
form
shall be
honored by the facility.
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(Source: P.A. 92-356, eff. 10-1-01.)
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Section 15. The Emergency Medical Services (EMS) Systems | ||
Act is amended by changing Section 3.57 as follows:
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(210 ILCS 50/3.57)
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Sec. 3.57. Physician do-not-resuscitate orders. The | ||
Department of Public
Health
Uniform DNR Advance Directive
Order | ||
form or a copy of that Advance Directive
form shall be honored | ||
under this
Act.
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(Source: P.A. 92-356, eff. 10-1-01.)
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Section 20. The Hospital Licensing Act is amended by | ||
changing Section 6.19 as follows:
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(210 ILCS 85/6.19)
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Sec. 6.19. 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 orders commonly referred to as
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"do-not-resuscitate" orders. This policy may prescribe only | ||
the format,
method of documentation, and duration of any | ||
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
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Health Uniform DNR Advance Directive
Order form or a copy of | ||
that Advance Directive
form shall be honored under any
policy | ||
established under this Section.
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(Source: P.A. 92-356, eff. 10-1-01.)
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Section 25. The Health Care Surrogate Act is amended by | ||
changing Section 65 as follows: | ||
(755 ILCS 40/65)
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Sec. 65. Do-not-resuscitate advance directive forms
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orders.
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(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
Mature
Minors Act may | ||
execute a document (consistent with the Department of Public
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Health Uniform DNR Advance Directive
Order Form) directing that
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resuscitating efforts shall not be implemented. Such a document
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an
order may also
be executed by an attending physician. | ||
Notwithstanding the existence of a
DNR order, appropriate organ | ||
donation treatment may be applied or continued
temporarily in | ||
the event of the patient's death, in accordance with subsection
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(g) of Section 20 of this Act, if the patient is an organ | ||
donor.
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(b) Consent to a DNR Advance Directive
order 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 2
individuals 18 | ||
years of age or older.
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(c) The DNR Advance Directive
order 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).
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(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
Advance | ||
Directive
Order form
or a copy of that Advance Directive
form | ||
is a valid DNR Advance Directive
order. 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 do-not-resuscitate order 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 Act of the | ||
94th General Assembly shall be construed to affect the ability | ||
of a physician to make a DNR order.
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(Source: P.A. 92-356, eff. 10-1-01; 93-794, eff. 7-22-04; | ||
revised 11-5-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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