Illinois General Assembly - Full Text of HB0665
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Full Text of HB0665  97th General Assembly



State of Illinois
2011 and 2012


Introduced 01/31/11, by Rep. Michael J. Madigan


210 ILCS 45/2-104  from Ch. 111 1/2, par. 4152-104

    Amends the Nursing Home Care Act. Makes a technical change in a Section concerning medical treatment.

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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 2-104 as follows:
6    (210 ILCS 45/2-104)  (from Ch. 111 1/2, par. 4152-104)
7    Sec. 2-104. (a) A resident shall be permitted to retain the
8the services of his own personal physician at his own expense
9or under an individual or group plan of health insurance, or
10under any public or private assistance program providing such
11coverage. However, the facility is not liable for the
12negligence of any such personal physician. Every resident shall
13be permitted to obtain from his own physician or the physician
14attached to the facility complete and current information
15concerning his medical diagnosis, treatment and prognosis in
16terms and language the resident can reasonably be expected to
17understand. Every resident shall be permitted to participate in
18the planning of his total care and medical treatment to the
19extent that his condition permits. No resident shall be
20subjected to experimental research or treatment without first
21obtaining his informed, written consent. The conduct of any
22experimental research or treatment shall be authorized and
23monitored by an institutional review board appointed by the



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1Director. The membership, operating procedures and review
2criteria for the institutional review board shall be prescribed
3under rules and regulations of the Department and shall comply
4with the requirements for institutional review boards
5established by the federal Food and Drug Administration. No
6person who has received compensation in the prior 3 years from
7an entity that manufactures, distributes, or sells
8pharmaceuticals, biologics, or medical devices may serve on the
9institutional review board.
10    The institutional review board may approve only research or
11treatment that meets the standards of the federal Food and Drug
12Administration with respect to (i) the protection of human
13subjects and (ii) financial disclosure by clinical
14investigators. The Office of State Long Term Care Ombudsman and
15the State Protection and Advocacy organization shall be given
16an opportunity to comment on any request for approval before
17the board makes a decision. Those entities shall not be
18provided information that would allow a potential human subject
19to be individually identified, unless the board asks the
20Ombudsman for help in securing information from or about the
21resident. The board shall require frequent reporting of the
22progress of the approved research or treatment and its impact
23on residents, including immediate reporting of any adverse
24impact to the resident, the resident's representative, the
25Office of the State Long Term Care Ombudsman, and the State
26Protection and Advocacy organization. The board may not approve



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1any retrospective study of the records of any resident about
2the safety or efficacy of any care or treatment if the resident
3was under the care of the proposed researcher or a business
4associate when the care or treatment was given, unless the
5study is under the control of a researcher without any business
6relationship to any person or entity who could benefit from the
7findings of the study.
8    No facility shall permit experimental research or
9treatment to be conducted on a resident, or give access to any
10person or person's records for a retrospective study about the
11safety or efficacy of any care or treatment, without the prior
12written approval of the institutional review board. No nursing
13home administrator, or person licensed by the State to provide
14medical care or treatment to any person, may assist or
15participate in any experimental research on or treatment of a
16resident, including a retrospective study, that does not have
17the prior written approval of the board. Such conduct shall be
18grounds for professional discipline by the Department of
19Financial and Professional Regulation.
20    The institutional review board may exempt from ongoing
21review research or treatment initiated on a resident before the
22individual's admission to a facility and for which the board
23determines there is adequate ongoing oversight by another
24institutional review board. Nothing in this Section shall
25prevent a facility, any facility employee, or any other person
26from assisting or participating in any experimental research on



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1or treatment of a resident, if the research or treatment began
2before the person's admission to a facility, until the board
3has reviewed the research or treatment and decided to grant or
4deny approval or to exempt the research or treatment from
5ongoing review.
6    (b) All medical treatment and procedures shall be
7administered as ordered by a physician. All new physician
8orders shall be reviewed by the facility's director of nursing
9or charge nurse designee within 24 hours after such orders have
10been issued to assure facility compliance with such orders.
11    According to rules adopted by the Department, every woman
12resident of child-bearing age shall receive routine
13obstetrical and gynecological evaluations as well as necessary
14prenatal care.
15    (c) Every resident shall be permitted to refuse medical
16treatment and to know the consequences of such action, unless
17such refusal would be harmful to the health and safety of
18others and such harm is documented by a physician in the
19resident's clinical record. The resident's refusal shall free
20the facility from the obligation to provide the treatment.
21    (d) Every resident, resident's guardian, or parent if the
22resident is a minor shall be permitted to inspect and copy all
23his clinical and other records concerning his care and
24maintenance kept by the facility or by his physician. The
25facility may charge a reasonable fee for duplication of a



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1(Source: P.A. 96-1372, eff. 7-29-10.)