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Public Act 096-0448
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| HB0748 Enrolled |
LRB096 04246 DRJ 14292 b |
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AN ACT concerning regulation.
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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 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. |
(a) 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
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"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 Advance Directive or a copy of that |
Advance Directive
shall be
honored by the facility.
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(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 |
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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. 94-865, eff. 6-16-06.)
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Section 10. The Health Care Surrogate Act is amended by |
changing Section 15 as follows:
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(755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
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Sec. 15. Applicability. This Act applies to patients who |
lack
decisional capacity
or who have a qualifying condition. |
This Act does not
apply to instances in which the patient has |
an operative and unrevoked
living will under the Illinois |
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Living Will Act, an operative and unrevoked
declaration for |
mental health treatment under the Mental Health Treatment
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Preferences Declaration Act, or an authorized agent under
a |
power of attorney for health care under the Illinois Power of |
Attorney
Act and the patient's condition falls within the |
coverage of the living
will, the declaration for mental health |
treatment, or the power of attorney
for health care. In those |
instances, the
living will, declaration for mental health |
treatment, or power of
attorney for health care, as the case |
may be, shall
be given effect according to its terms. This Act |
does apply in
circumstances in which a patient has a qualifying |
condition but the
patient's condition does not fall within the |
coverage of the living will, the
declaration for mental health |
treatment, or
the power of attorney for health care.
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Each health care facility shall maintain any advance
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directives proffered by the patient or other authorized person,
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including a do not resuscitate order, a living will, a |
declaration for mental
health treatment, a declaration of a |
potential surrogate or surrogates should the person become |
incapacitated or impaired, or a
power of attorney for health |
care, in the patient's medical records for the
duration of the |
patient's stay. This Act does apply to patients without
a |
qualifying condition. If a patient is an adult with
decisional
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capacity, then the right to refuse medical treatment
or |
life-sustaining
treatment does
not require the presence of a |
qualifying condition.
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