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.