Full Text of SB1466 99th General Assembly
SB1466enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by changing Section 2310-600 as follows:
| 7 | | (20 ILCS 2310/2310-600)
| 8 | | Sec. 2310-600. Advance directive information.
| 9 | | (a) The Department of Public Health shall prepare and | 10 | | publish the summary of
advance directives law, as required by | 11 | | the federal Patient
Self-Determination Act, and related forms. | 12 | | Publication may be limited to the World Wide Web. The summary | 13 | | required under this subsection (a) must include the Department | 14 | | of Public Health Uniform POLST DNR/POLST form.
| 15 | | (b) The Department of Public Health shall publish
Spanish | 16 | | language
versions of the following:
| 17 | | (1) The statutory Living Will Declaration form.
| 18 | | (2) The Illinois Statutory Short Form Power of Attorney | 19 | | for Health Care.
| 20 | | (3) The statutory Declaration of Mental Health | 21 | | Treatment Form.
| 22 | | (4) The summary of advance directives law in Illinois.
| 23 | | (5) The Department of Public Health Uniform POLST |
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| 1 | | DNR/POLST form.
| 2 | | Publication may be limited to the World Wide Web.
| 3 | | (b-5) In consultation with a statewide professional | 4 | | organization
representing
physicians licensed to practice | 5 | | medicine in all its branches, statewide
organizations | 6 | | representing nursing homes, registered professional nurses, | 7 | | and emergency medical systems, and a statewide
organization
| 8 | | representing hospitals, the Department of Public Health shall | 9 | | develop and
publish a uniform
form for practitioner | 10 | | cardiopulmonary resuscitation (CPR) or life-sustaining | 11 | | treatment orders that may be utilized in all
settings. The form | 12 | | shall meet the published minimum requirements to nationally be | 13 | | considered a practitioner orders for life-sustaining treatment | 14 | | form, or POLST, and
may be referred to as the Department of | 15 | | Public Health Uniform POLST DNR/POLST form. This form does not | 16 | | replace a physician's or other practitioner's authority to make | 17 | | a do-not-resuscitate (DNR) order.
| 18 | | (c) (Blank). | 19 | | (d) The Department of Public Health shall publish the | 20 | | Department of Public Health Uniform POLST DNR/POLST form | 21 | | reflecting the changes made by this amendatory Act of the 98th | 22 | | General Assembly no later than January 1, 2015.
| 23 | | (Source: P.A. 97-382, eff. 1-1-12; 98-1110, eff. 8-26-14.)
| 24 | | Section 10. The Nursing Home Care Act is amended by | 25 | | changing Section 2-104.2 as follows:
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| 1 | | (210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
| 2 | | Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of | 3 | | Public Health Uniform POLST DNR/POLST form. | 4 | | (a) Every facility licensed under
this Act shall establish | 5 | | a policy for the implementation of practitioner
orders | 6 | | concerning cardiopulmonary resuscitation (CPR) or | 7 | | life-sustaining treatment including, but not limited to,
| 8 | | "Do-Not-Resuscitate" orders. This policy may only prescribe | 9 | | the format,
method of documentation and duration of any | 10 | | practitioner orders. Any orders under this policy shall be | 11 | | honored by the facility.
The Department of Public Health | 12 | | Uniform POLST DNR/POLST form under Section 2310-600 of the | 13 | | Department of Public Health Powers and Duties Law of the
Civil | 14 | | Administrative Code of Illinois, or a copy of that form or a | 15 | | previous version of the uniform form,
shall be
honored by the | 16 | | facility.
| 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 | 24 | | the resident lose decision-making capacity. The notice shall | 25 | | include a form of declaration that may be utilized by the |
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| 1 | | resident to identify potential health care surrogates or by the | 2 | | facility to document any inability or refusal to make such a | 3 | | declaration. A signed copy of the resident's declaration of a | 4 | | potential health care surrogate or decision to decline to make | 5 | | such a declaration, or documentation by the facility of the | 6 | | resident's inability to make such a declaration, shall be | 7 | | placed in the resident's clinical record and shall satisfy the | 8 | | facility's obligation under this Section. Such a declaration | 9 | | shall be used only for informational purposes in the selection | 10 | | of a surrogate pursuant to the Health Care Surrogate Act. A | 11 | | facility that complies with this Section is not liable to any | 12 | | healthcare provider, resident, or resident's representative or | 13 | | any other person relating to the identification or selection of | 14 | | a surrogate or potential health care surrogate. | 15 | | (Source: P.A. 98-1110, eff. 8-26-14.)
| 16 | | Section 15. The ID/DD Community Care Act is amended by | 17 | | changing Section 2-104.2 as follows: | 18 | | (210 ILCS 47/2-104.2)
| 19 | | Sec. 2-104.2. Do Not Resuscitate Orders. Every facility | 20 | | licensed under this Act shall establish a policy for the | 21 | | implementation of physician orders limiting resuscitation such | 22 | | as those commonly referred to as "Do Not Resuscitate" orders. | 23 | | This policy may only prescribe the format, method of | 24 | | documentation and duration of any physician orders limiting |
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| 1 | | resuscitation. Any orders under this policy shall be honored by | 2 | | the facility. The Department of Public Health Uniform POLST | 3 | | DNR/POLST form or a copy of that form or a previous version of | 4 | | the uniform form shall be honored by the facility.
| 5 | | (Source: P.A. 98-1110, eff. 8-26-14.) | 6 | | Section 20. The Emergency Medical Services (EMS) Systems | 7 | | Act is amended by changing Section 3.57 as follows:
| 8 | | (210 ILCS 50/3.57)
| 9 | | Sec. 3.57. Physician do-not-resuscitate orders and | 10 | | Department of Public Health Uniform POLST DNR/POLST form. The | 11 | | Department of Public
Health
Uniform POLST DNR/POLST form | 12 | | described in Section 2310-600 of the Department of Public | 13 | | Health Powers and Duties Law of the
Civil Administrative Code | 14 | | of Illinois, or a copy of that form or a previous version of | 15 | | the uniform form, shall be honored under this
Act.
| 16 | | (Source: P.A. 98-1110, eff. 8-26-14.)
| 17 | | Section 25. The Hospital Licensing Act is amended by | 18 | | changing Section 6.19 as follows:
| 19 | | (210 ILCS 85/6.19)
| 20 | | Sec. 6.19. Do-not-resuscitate orders and Department of | 21 | | Public Health Uniform POLST DNR/POLST form. Every facility | 22 | | licensed under this
Act shall establish a policy for the |
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| 1 | | implementation of practitioner orders
concerning | 2 | | cardiopulmonary resuscitation (CPR) or life-sustaining | 3 | | treatment including, but not limited to,
"do-not-resuscitate" | 4 | | orders. This policy may prescribe only the format,
method of | 5 | | documentation, and duration of any practitioner orders. The | 6 | | policy may include forms to be used. Any orders issued
under | 7 | | the policy shall be honored by the facility. The Department of | 8 | | Public
Health Uniform POLST DNR/POLST form described in Section | 9 | | 2310-600 of the Department of Public Health Powers and Duties | 10 | | Law of the
Civil Administrative Code of Illinois, or a copy of | 11 | | that form or a previous version of the uniform form, shall be | 12 | | honored under any
policy established under this Section.
| 13 | | (Source: P.A. 98-1110, eff. 8-26-14.)
| 14 | | Section 30. The Health Care Surrogate Act is amended by | 15 | | changing Section 65 as follows: | 16 | | (755 ILCS 40/65)
| 17 | | Sec. 65. Department of Public Health Uniform POLST | 18 | | DNR/POLST form.
| 19 | | (a) An individual of sound mind and having reached the age | 20 | | of majority or
having
obtained the status of an emancipated | 21 | | person pursuant to the Emancipation of
Minors Act may execute a | 22 | | document (consistent with the Department of Public
Health | 23 | | Uniform POLST DNR/POLST form described in Section 2310-600 of | 24 | | the Department of Public Health Powers and Duties Law of the
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| 1 | | Civil Administrative Code of Illinois) directing that
| 2 | | resuscitating efforts shall not be implemented. Such a document | 3 | | may also
be executed by an attending health care practitioner. | 4 | | If more than one practitioner shares that responsibility, any | 5 | | of the attending health care practitioners may act under this | 6 | | Section. Notwithstanding the existence of a do-not-resuscitate | 7 | | (DNR)
order or Department of Public Health Uniform POLST | 8 | | DNR/POLST form, appropriate organ donation treatment may be | 9 | | applied or continued
temporarily in the event of the patient's | 10 | | death, in accordance with subsection
(g) of Section 20 of this | 11 | | Act, if the patient is an organ donor.
| 12 | | (a-5) Execution of a Department of Public Health Uniform | 13 | | POLST DNR/POLST form is voluntary; no person can be required to | 14 | | execute either form. A person who has executed a Department of | 15 | | Public Health Uniform POLST DNR/POLST form should review the | 16 | | form annually and when the person's condition changes. | 17 | | (b) Consent to a Department of Public Health Uniform POLST | 18 | | DNR/POLST form may be obtained from the individual, or from
| 19 | | another
person at the individual's direction, or from the | 20 | | individual's legal guardian,
agent under a
power of attorney | 21 | | for health care, or surrogate decision maker, and witnessed
by | 22 | | one individual 18 years of age or older, who attests that the | 23 | | individual, other person, guardian, agent, or surrogate (1) has | 24 | | had an opportunity to read the form; and (2) has signed the | 25 | | form or acknowledged his or her signature or mark on the form | 26 | | in the witness's presence.
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| 1 | | (b-5) As used in this Section, "attending health care | 2 | | practitioner" means an individual who (1) is an Illinois | 3 | | licensed physician, advanced practice nurse, physician | 4 | | assistant, or licensed resident after completion of one year in | 5 | | a program; (2) is selected by or assigned to the patient; and | 6 | | (3) has primary responsibility for treatment and care of the | 7 | | patient. "POLST" means practitioner orders for life-sustaining | 8 | | treatments. | 9 | | (c) Nothing in this Section shall be construed to affect | 10 | | the ability of an individual to include instructions in an | 11 | | advance directive, such as a power of attorney for health care. | 12 | | The uniform form may, but need not, be in the form adopted by | 13 | | the
Department
of
Public Health pursuant to Section 2310-600 of | 14 | | the Department of Public Health
Powers and
Duties Law (20 ILCS | 15 | | 2310/2310-600).
| 16 | | (d) A health care professional or health care provider may | 17 | | presume, in the
absence
of knowledge to the contrary, that a | 18 | | completed Department of Public Health
Uniform POLST DNR/POLST | 19 | | form,
or a copy of that form or a previous version of the | 20 | | uniform form, is valid. A health care professional or
health
| 21 | | care provider, or an employee of a health care professional or | 22 | | health care
provider, who in
good faith complies
with a | 23 | | cardiopulmonary resuscitation (CPR) or life-sustaining | 24 | | treatment order, Department of Public Health Uniform POLST | 25 | | DNR/POLST form, or a previous version of the uniform form made | 26 | | in accordance with this Act is not,
as a result of that |
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| 1 | | compliance, subject to any criminal or civil liability,
except | 2 | | for willful and wanton misconduct, and
may not be found to have | 3 | | committed an act of unprofessional conduct. | 4 | | (e) Nothing in this Section or this amendatory Act of the | 5 | | 94th General Assembly or this amendatory Act of the 98th | 6 | | General Assembly shall be construed to affect the ability of a | 7 | | physician or other practitioner to make a do-not-resuscitate | 8 | | order.
| 9 | | (Source: P.A. 98-1110, eff. 8-26-14.)
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