Full Text of HB1335 99th General Assembly
HB1335ham001 99TH GENERAL ASSEMBLY | Rep. Greg Harris Filed: 3/12/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1335
| 2 | | AMENDMENT NO. ______. Amend House Bill 1335 as follows:
| 3 | | on page 4, above line 9, by inserting the following: | 4 | | "Section 80. The Nursing Home Care Act is amended by | 5 | | changing Section 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 | 8 | | services
of his own personal physician at his own expense or | 9 | | under an individual or
group plan of health insurance, or under | 10 | | any public or private
assistance program providing such | 11 | | coverage. However, the facility is
not liable for the | 12 | | negligence of any such personal physician. Every
resident shall | 13 | | be permitted to obtain from his own physician or the
physician | 14 | | attached to the facility complete and current information
| 15 | | concerning his medical diagnosis, treatment and prognosis in |
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| 1 | | terms and
language the resident can reasonably be expected to | 2 | | understand. Every
resident shall be permitted to participate in | 3 | | the planning of his total
care and medical treatment to the | 4 | | extent that his condition permits. No
resident shall be | 5 | | subjected to experimental research or treatment
without first | 6 | | obtaining his informed, written consent. The conduct of
any | 7 | | experimental research or treatment shall be authorized and | 8 | | monitored
by an institutional review board appointed by the | 9 | | Director. The
membership, operating procedures and review | 10 | | criteria for the institutional
review board shall be prescribed | 11 | | under rules and regulations of the
Department and shall comply | 12 | | with the requirements for institutional review boards | 13 | | established by the federal Food and Drug Administration. No | 14 | | person who has received compensation in the prior 3 years from | 15 | | an entity that manufactures, distributes, or sells | 16 | | pharmaceuticals, biologics, or medical devices may serve on the | 17 | | institutional review board. | 18 | | The institutional review board may approve only research or | 19 | | treatment that meets the standards of the federal Food and Drug | 20 | | Administration with respect to (i) the protection of human | 21 | | subjects and (ii) financial disclosure by clinical | 22 | | investigators. The Office of State Long Term Care Ombudsman and | 23 | | the State Protection and Advocacy organization shall be given | 24 | | an opportunity to comment on any request for approval before | 25 | | the board makes a decision. Those entities shall not be | 26 | | provided information that would allow a potential human subject |
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| 1 | | to be individually identified, unless the board asks the | 2 | | Ombudsman for help in securing information from or about the | 3 | | resident. The board shall require frequent reporting of the | 4 | | progress of the approved research or treatment and its impact | 5 | | on residents, including immediate reporting of any adverse | 6 | | impact to the resident, the resident's representative, the | 7 | | Office of the State Long Term Care Ombudsman, and the State | 8 | | Protection and Advocacy organization. The board may not approve | 9 | | any retrospective study of the records of any resident about | 10 | | the safety or efficacy of any care or treatment if the resident | 11 | | was under the care of the proposed researcher or a business | 12 | | associate when the care or treatment was given, unless the | 13 | | study is under the control of a researcher without any business | 14 | | relationship to any person or entity who could benefit from the | 15 | | findings of the study. | 16 | | No facility shall permit experimental research or | 17 | | treatment to be conducted on a resident, or give access to any | 18 | | person or person's records for a retrospective study about the | 19 | | safety or efficacy of any care or treatment, without the prior | 20 | | written approval of the institutional review board. No nursing | 21 | | home administrator, or person licensed by the State to provide | 22 | | medical care or treatment to any person, may assist or | 23 | | participate in any experimental research on or treatment of a | 24 | | resident, including a retrospective study, that does not have | 25 | | the prior written approval of the board. Such conduct shall be | 26 | | grounds for professional discipline by the Department of |
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| 1 | | Financial and
Professional Regulation. | 2 | | The institutional review board may exempt from ongoing | 3 | | review research or treatment initiated on a resident before the | 4 | | individual's admission to a facility and for which the board | 5 | | determines there is adequate ongoing oversight by another | 6 | | institutional review board. Nothing in this Section shall | 7 | | prevent a facility, any facility employee, or any other person | 8 | | from assisting or participating in any experimental research on | 9 | | or treatment of a resident, if the research or treatment began | 10 | | before the person's admission to a facility, until the board | 11 | | has reviewed the research or treatment and decided to grant or | 12 | | deny approval or to exempt the research or treatment from | 13 | | ongoing review.
| 14 | | The institutional review board requirements of this | 15 | | subsection (a) do not apply to investigational drugs, | 16 | | biological products, or devices used by a resident with a | 17 | | terminal illness as set forth in the Right to Try Act. | 18 | | (b) All medical treatment and procedures shall be | 19 | | administered as
ordered by a physician. All new physician | 20 | | orders shall be reviewed by the
facility's director of nursing | 21 | | or charge nurse designee within 24 hours
after such orders have | 22 | | been issued to assure facility compliance with such orders.
| 23 | | All physician's orders and plans of treatment shall have | 24 | | the authentication of the physician. For the purposes of this | 25 | | subsection (b), "authentication" means an original written | 26 | | signature or an electronic signature system that allows for the |
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| 1 | | verification of a signer's credentials. A stamp signature, with | 2 | | or without initials, is not sufficient. | 3 | | According to rules adopted by the Department, every woman | 4 | | resident of
child-bearing age shall receive routine | 5 | | obstetrical and gynecological
evaluations as well as necessary | 6 | | prenatal care.
| 7 | | (c) Every resident shall be permitted to refuse medical | 8 | | treatment
and to know the consequences of such action, unless | 9 | | such refusal would
be harmful to the health and safety of | 10 | | others and such harm is
documented by a physician in the | 11 | | resident's clinical record. The
resident's refusal shall free | 12 | | the facility from the obligation to
provide the treatment.
| 13 | | (d) Every resident, resident's guardian, or parent if the | 14 | | resident
is a minor shall be permitted to inspect and copy all | 15 | | his clinical and
other records concerning his care and | 16 | | maintenance kept by the facility
or by his physician. The | 17 | | facility may charge a reasonable fee for
duplication of a | 18 | | record.
| 19 | | (Source: P.A. 96-1372, eff. 7-29-10; 97-179, eff. 1-1-12.)"; | 20 | | and
| 21 | | on page 4, line 9, by replacing "Section 30." with "Section | 22 | | 90.".
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