HB1712 104TH GENERAL ASSEMBLY

LRB104 05046 BDA 15074 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1712

Introduced 1/28/2025, by Rep. Nicolle Grasse

SYNOPSIS AS INTRODUCED:

20 ILCS 2310/2310-600

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health is vested with the duty and responsibility for oversight and training connected with the use of the Department of Public Health Uniform POLST form at all hospitals, healthcare facilities, and other facilities and providers that use the Department of Public Health Uniform POLST form. Provides that the Department of Public Health shall develop, in consultation with stakeholders determined by the Director of Public Health, training resources to support informed decisions and accurate completion of the Department of Public Health Uniform POLST form. Provides that the Department of Public Health shall establish a simple, efficient, and effective process to ensure oversight of and accountability for training to support informed decisions and accurate completion of the Department of Public Health Uniform POLST form at all hospitals, healthcare facilities, and other facilities and providers that use the Department of Public Health Uniform POLST form. Provides that, in consultation with various organizations, the Department of Public Health shall adopt rules implementing these policies no later than 2 years after the effective date of this amendatory Act. Provides that the Department of Public Health, in connection with implementing these policies, may also consult with the Office of the Secretary of State with respect to the Advance Directive Registry established by the Secretary of State.

A BILL FOR

AN ACT concerning State government.

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 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 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 POLST form.

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 physician assistants, advanced practice registered nurses, 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 orders that may be utilized in all settings. The form shall meet the published minimum requirements to nationally be considered a practitioner orders for life-sustaining treatment form, or POLST, and may be referred to as the Department of Public Health Uniform POLST form. An electronic version of the Uniform POLST form under this Act may be created, signed, or revoked electronically using a generic, technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature. Compliance with the standards defined in the Uniform Electronic Transactions Act or the implementing rules of the Hospital Licensing Act for medical record entry authentication for author validation of the documentation, content accuracy, and completeness meets this standard. This form does not replace a physician's or other practitioner's authority to make a do-not-resuscitate (DNR) order.

(b-10) In consultation with a statewide professional organization representing physicians licensed to practice medicine in all its branches, statewide organizations representing physician assistants, advanced practice registered nurses, nursing homes, registered professional nurses, and emergency medical systems, a statewide bar association, a national bar association with an Illinois chapter that concentrates in elder and disability law, a not-for-profit organ procurement organization that coordinates organ and tissue donation, a statewide committee or group responsible for stakeholder education about POLST issues, and a statewide organization representing hospitals, the Department of Public Health shall study the feasibility of creating a statewide registry of advance directives and POLST forms. The registry would allow residents of this State to submit the forms and for the forms to be made available to health care providers and professionals in a timely manner for the provision of care or services. This study must be filed with the General Assembly on or before January 1, 2021.

(b-15) In consultation with a statewide professional organization representing physicians licensed to practice medicine in all its branches, statewide organizations representing physician assistants, advanced practice registered nurses, nursing homes, registered professional nurses, and emergency medical systems, and a statewide organization representing hospitals, the Department of Public Health shall adopt rules implementing the policies established under this subsection no later than 2 years after the effective date of this amendatory Act of the 104th General Assembly. The Department of Public Health, in connection with implementing the policies established under this subsection, may also consult with the Office of the Secretary of State with respect to the Advance Directive Registry established by the Secretary of State.

(1) The Department of Public Health is vested with the duty and responsibility for oversight and training connected with the use of the Department of Public Health Uniform POLST form at all hospitals, healthcare facilities, and other facilities and providers that use the Department of Public Health Uniform POLST form.

(2) The Department of Public Health shall develop, in consultation with stakeholders determined by the Director of Public Health, training resources to support informed decisions and accurate completion of the Department of Public Health Uniform POLST form.

(3) The Department of Public Health shall establish a simple, efficient, and effective process to ensure oversight of and accountability for training to support informed decisions and accurate completion of the Department of Public Health Uniform POLST form at all hospitals, healthcare facilities, and other facilities and providers that use the Department of Public Health Uniform POLST form.

(c) (Blank).

(d) The Department of Public Health shall publish the Department of Public Health Uniform POLST form reflecting the changes made by this amendatory Act of the 98th General Assembly no later than January 1, 2015.

(Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21.)