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Public Act 097-0179
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| SB1248 Enrolled | LRB097 07267 RPM 47376 b |
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AN ACT concerning health facilities.
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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 as follows:
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(210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
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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
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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 |
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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 |
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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 |
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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.
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(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.
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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.
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(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.
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