Human Services Committee
Filed: 3/11/2009
 
 

 




 

 		












09600HB0748ham001

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AMENDMENT TO HOUSE BILL 748




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    AMENDMENT NO. ______. Amend House Bill 748 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Nursing Home Care Act is amended  by 
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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. 
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    (a) Every facility licensed under
this Act shall establish 
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a policy for the implementation of physician
orders limiting 
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resuscitation such as those commonly referred to as

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"Do-Not-Resuscitate" orders. This policy may only prescribe 
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the format,
method of documentation and duration of any 
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physician orders limiting
resuscitation. Any orders under this 
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policy shall be honored by the facility.
The Department of 
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Public Health Uniform DNR Advance Directive or a copy of that 
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Advance Directive

shall be
honored by the facility.

 


 






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    (b)  Within 30 days after admission, new residents who do 
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not have a guardian of the person or an executed power of 
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attorney for health care shall be provided with written notice, 
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in a form and manner provided by rule of the Department, of 
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their right to provide the name of one or more potential health 
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care surrogates that a treating physician should consider in 
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selecting a surrogate to act on the resident's behalf should 
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the resident lose decision-making capacity.  The notice shall 
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include a form of declaration that may be utilized by the 
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resident to identify potential health care surrogates or by the 
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facility to document any inability or refusal to make such a 
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declaration.  A signed copy of the resident's declaration of a 
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potential health care surrogate or decision to decline to make 
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such a declaration, or documentation by the facility of the 
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resident's inability to make such a declaration, shall be 
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placed in the resident's clinical record and shall satisfy the 
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facility's obligation under this Section.  Such a declaration 
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shall be used only for informational purposes in the selection 
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of a surrogate pursuant to the Health Care Surrogate Act. A 
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facility that complies with this Section is not liable to any 
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healthcare provider, resident, or resident's representative or 
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any other person relating to the identification or selection of 
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a surrogate or potential health care surrogate. 
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(Source: P.A. 94-865, eff. 6-16-06.)

 
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    Section 10. The Health Care Surrogate Act is amended  by 
 


 






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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 
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lack
decisional capacity
or who have a qualifying condition.  
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This Act does not
apply to instances in which the patient has 
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an operative and unrevoked
living will under the Illinois 
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Living Will Act, an operative and unrevoked
declaration for 
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mental health treatment under the Mental Health Treatment

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Preferences Declaration Act, or an authorized agent under
a 
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power of attorney for health care under the Illinois Power of 
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Attorney
Act and the patient's condition falls within the 
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coverage of the living
will, the declaration for mental health 
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treatment, or the power of attorney
for health care.  In those 
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instances, the
living will, declaration for mental health 
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treatment, or power of
attorney for health care, as the case 
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may be, shall
be given effect according to its terms.  This Act 
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does apply in
circumstances in which a patient has a qualifying 
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condition but the
patient's condition does not fall within the 
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coverage of the living will, the
declaration for mental health 
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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 
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declaration for mental
health treatment, a declaration of a 
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potential surrogate or surrogates should the person become 
 


 






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incapacitated or impaired, or a
power of attorney for health 
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care, in the patient's medical records for the
duration of the 
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patient's stay. This Act does apply to patients without
a 
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qualifying condition.  If a patient is an adult with
decisional

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capacity, then the right to refuse medical treatment
or 
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life-sustaining
treatment does
not require the presence of a 
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qualifying condition.

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(Source: P.A. 90-246, eff. 1-1-98.)".