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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Nursing Home Care Act is amended by changing | ||||||
| 5 | Section 2-104.2 as follows:
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| 6 | (210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
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| 7 | Sec. 2-104.2. Do-Not-Resuscitate Orders. | ||||||
| 8 | (a) Every facility licensed under
this Act shall establish | ||||||
| 9 | a policy for the implementation of physician
orders limiting | ||||||
| 10 | resuscitation such as those commonly referred to as
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| 11 | "Do-Not-Resuscitate" orders. This policy may only prescribe | ||||||
| 12 | the format,
method of documentation and duration of any | ||||||
| 13 | physician orders limiting
resuscitation. Any orders under this | ||||||
| 14 | policy shall be honored by the facility.
The Department of | ||||||
| 15 | Public Health Uniform DNR Advance Directive or a copy of that | ||||||
| 16 | Advance Directive
shall be
honored by the facility.
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| 17 | (b) Within 30 days after admission, new residents who do | ||||||
| 18 | not have a guardian of the person or an executed power of | ||||||
| 19 | attorney for health care shall be provided with written notice, | ||||||
| 20 | in a form and manner provided by rule of the Department, of | ||||||
| 21 | their right to provide the name of one or more potential health | ||||||
| 22 | care surrogates that a treating physician should consider in | ||||||
| 23 | selecting a surrogate to act on the resident's behalf should | ||||||
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| 1 | the resident lose decision-making capacity. The notice shall | ||||||
| 2 | include a form of declaration that may be utilized by the | ||||||
| 3 | resident to identify potential health care surrogates or by the | ||||||
| 4 | facility to document any inability or refusal to make such a | ||||||
| 5 | declaration. A signed copy of the resident's declaration of a | ||||||
| 6 | potential health care surrogate or decision to decline to make | ||||||
| 7 | such a declaration, or documentation by the facility of the | ||||||
| 8 | resident's inability to make such a declaration, shall be | ||||||
| 9 | placed in the resident's clinical record and shall satisfy the | ||||||
| 10 | facility's obligation under this Section. Such a declaration | ||||||
| 11 | shall be used only for informational purposes in the selection | ||||||
| 12 | of a surrogate pursuant to the Health Care Surrogate Act. A | ||||||
| 13 | facility that complies with this Section is not liable to any | ||||||
| 14 | healthcare provider, resident, or resident's representative or | ||||||
| 15 | any other person relating to the identification or selection of | ||||||
| 16 | a surrogate or potential health care surrogate. | ||||||
| 17 | (Source: P.A. 94-865, eff. 6-16-06.)
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| 18 | Section 10. The Health Care Surrogate Act is amended by | ||||||
| 19 | changing Section 15 as follows:
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| 20 | (755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
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| 21 | Sec. 15. Applicability. This Act applies to patients who | ||||||
| 22 | lack
decisional capacity
or who have a qualifying condition. | ||||||
| 23 | This Act does not
apply to instances in which the patient has | ||||||
| 24 | an operative and unrevoked
living will under the Illinois | ||||||
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| 1 | Living Will Act, an operative and unrevoked
declaration for | ||||||
| 2 | mental health treatment under the Mental Health Treatment
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| 3 | Preferences Declaration Act, or an authorized agent under
a | ||||||
| 4 | power of attorney for health care under the Illinois Power of | ||||||
| 5 | Attorney
Act and the patient's condition falls within the | ||||||
| 6 | coverage of the living
will, the declaration for mental health | ||||||
| 7 | treatment, or the power of attorney
for health care. In those | ||||||
| 8 | instances, the
living will, declaration for mental health | ||||||
| 9 | treatment, or power of
attorney for health care, as the case | ||||||
| 10 | may be, shall
be given effect according to its terms. This Act | ||||||
| 11 | does apply in
circumstances in which a patient has a qualifying | ||||||
| 12 | condition but the
patient's condition does not fall within the | ||||||
| 13 | coverage of the living will, the
declaration for mental health | ||||||
| 14 | treatment, or
the power of attorney for health care.
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| 15 | Each health care facility shall maintain any advance
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| 16 | directives proffered by the patient or other authorized person,
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| 17 | including a do not resuscitate order, a living will, a | ||||||
| 18 | declaration for mental
health treatment, a declaration of a | ||||||
| 19 | potential surrogate or surrogates should the person become | ||||||
| 20 | incapacitated or impaired, or a
power of attorney for health | ||||||
| 21 | care, in the patient's medical records for the
duration of the | ||||||
| 22 | patient's stay. This Act does apply to patients without
a | ||||||
| 23 | qualifying condition. If a patient is an adult with
decisional
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| 24 | capacity, then the right to refuse medical treatment
or | ||||||
| 25 | life-sustaining
treatment does
not require the presence of a | ||||||
| 26 | qualifying condition.
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| 1 | (Source: P.A. 90-246, eff. 1-1-98.)
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