SB2256 96TH GENERAL ASSEMBLY

LRB096 03265 AJO 13282 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2256

Introduced 2/20/2009, by Sen. A. J. Wilhelmi

SYNOPSIS AS INTRODUCED:

20 ILCS 2310/2310-600
210 ILCS 45/2-104.2	from Ch. 111 1/2, par. 4152-104.2
210 ILCS 50/3.57
210 ILCS 85/6.19
755 ILCS 40/65

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code, Nursing Home Care Act, Emergency Medical Services (EMS) Systems Act, Hospital Licensing Act, and Health Care Surrogate Act to refer to life sustaining treatment (instead of do not resuscitate) advance directive orders. Provides that the Department of Public Health shall publish (instead of adopt, by rule, and publish) Spanish language versions of specified health care directive forms. Amends the Health Care Surrogate Act to require that a life sustaining treatment advance directive be witnessed by one individual (instead of 2 individuals) 18 years of age or older.

A BILL FOR

AN ACT concerning advance directives.

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 in Illinois that is required by the federal Patient Self-Determination Act. Publication may be limited to the World Wide Web.

(b) The Department of Public Health shall adopt, by rule, and 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) Any statewide uniform Life-Sustaining Treatment Advanced Directive Do Not Resuscitate 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, and a statewide organization representing hospitals, the Department of Public Health shall develop and publish a uniform form for physician Life-Sustaining Treatment do-not-resuscitate orders that may be utilized in all settings. The form may be referred to as the Department of Public Health Uniform Life-Sustaining Treatment DNR Advance Directive. This advance directive does not replace a physician's do-not-resuscitate (DNR) order.

(c) The Department of Public Health may contract with statewide professional organizations representing physicians licensed to practice medicine in all its branches to prepare and publish materials required by this Section. The Department of Public Health may consult with a statewide organization representing registered professional nurses on preparing materials required by this Section.

(Source: P.A. 94-865, eff. 6-16-06.)

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. 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 Life-Sustaining Treatment Advanced Directive DNR Advance Directive or a copy of that Advance Directive shall be honored by the facility.

(Source: P.A. 94-865, eff. 6-16-06.)

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. The Department of Public Health Uniform Life-Sustaining Treatment DNR Advance Directive or a copy of that 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. Every facility licensed under this Act shall establish a policy for the implementation of physician orders 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 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 Life-Sustaining Treatment DNR Advance Directive or a copy of that 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. Life-sustaining treatment 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 Life-Sustaining Treatment DNR Advance Directive) directing that resuscitating efforts shall not be implemented. Such a document may also be executed by an attending physician. Notwithstanding the existence of a (DNR) do-not resuscitate DNR order, 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.

(b) Consent to a life-sustaining treatment 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 2 individuals 18 years of age or older.

(c) The Life-Sustaining Treatment 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 Life-Sustaining Treatment DNR Advance Directive or a copy of that Advance Directive is a valid Life-Sustaining Treatment 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 Life-Sustaining Treatment Advanced Directive or a do-not-resuscitate order 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 Act of the 94th General Assembly shall be construed to affect the ability of a physician to make a do-not resuscitate DNR order.

(Source: P.A. 93-794, eff. 7-22-04; 94-865, eff. 6-16-06.)