Full Text of HB5330 94th General Assembly
HB5330enr 94TH GENERAL ASSEMBLY
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HB5330 Enrolled |
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LRB094 16813 DRJ 52089 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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:
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| (20 ILCS 2310/2310-600)
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| Sec. 2310-600. Advance directive information.
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| (a) The Department of Public Health shall prepare and | 10 |
| publish the summary of
advance directives law in Illinois that | 11 |
| is required by the federal Patient
Self-Determination Act. | 12 |
| Publication may be limited to the World Wide Web.
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| (b) The Department of Public Health shall adopt, by rule, | 14 |
| and publish
Spanish language
versions of the following:
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| (1) The statutory Living Will Declaration form.
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| (2) The Illinois Statutory Short Form Power of Attorney | 17 |
| for Health Care.
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| (3) The statutory Declaration of Mental Health | 19 |
| Treatment Form.
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| (4) The summary of advance directives law in Illinois.
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| (5) Any statewide uniform Do Not Resuscitate forms.
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| Publication may be limited to the World Wide Web.
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| (b-5) In consultation with a statewide professional | 24 |
| organization
representing
physicians licensed to practice | 25 |
| medicine in all its branches, statewide
organizations | 26 |
| representing nursing homes, and a statewide
organization
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| representing hospitals, the Department of Public Health shall | 28 |
| develop and
publish a uniform
form for physician | 29 |
| do-not-resuscitate orders that may be utilized in all
settings. | 30 |
| The form
may be referred to as the Department of Public Health | 31 |
| Uniform DNR Advance Directive
Order form . This advance | 32 |
| directive does not replace a physician's do-not-resuscitate |
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| (DNR) order.
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| (c) The Department of Public Health may contract with | 3 |
| statewide professional
organizations representing physicians | 4 |
| licensed to practice medicine in all
its branches to prepare | 5 |
| and publish
materials
required by this Section.
The Department | 6 |
| of Public Health may consult with a statewide organization
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| representing registered professional nurses on preparing | 8 |
| materials required by
this Section.
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| (Source: P.A. 91-789, eff. 1-1-01; 92-356, eff. 10-1-01.)
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| Section 10. The Nursing Home Care Act is amended by | 11 |
| 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. Every facility | 14 |
| licensed under
this Act shall establish a policy for the | 15 |
| implementation of physician
orders limiting resuscitation such | 16 |
| as those commonly referred to as
"Do-Not-Resuscitate" orders. | 17 |
| This policy may only prescribe the format,
method of | 18 |
| documentation and duration of any physician orders limiting
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| resuscitation. Any orders under this policy shall be honored by | 20 |
| the facility.
The Department of Public Health Uniform DNR | 21 |
| Advance Directive
Order
form or a copy of that Advance | 22 |
| Directive
form
shall be
honored by the facility.
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| (Source: P.A. 92-356, eff. 10-1-01.)
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| Section 15. The Emergency Medical Services (EMS) Systems | 25 |
| Act is amended by changing Section 3.57 as follows:
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| (210 ILCS 50/3.57)
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| Sec. 3.57. Physician do-not-resuscitate orders. The | 28 |
| Department of Public
Health
Uniform DNR Advance Directive
Order | 29 |
| form or a copy of that Advance Directive
form shall be honored | 30 |
| under this
Act.
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| (Source: P.A. 92-356, eff. 10-1-01.)
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| Section 20. The Hospital Licensing Act is amended by | 2 |
| changing Section 6.19 as follows:
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| (210 ILCS 85/6.19)
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| Sec. 6.19. Do-not-resuscitate orders. Every facility | 5 |
| licensed under this
Act shall establish a policy for the | 6 |
| implementation of physician orders
limiting resuscitation, | 7 |
| such as those orders commonly referred to as
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| "do-not-resuscitate" orders. This policy may prescribe only | 9 |
| the format,
method of documentation, and duration of any | 10 |
| physician orders limiting
resuscitation. The policy may | 11 |
| include forms to be used. Any orders issued
under the policy | 12 |
| shall be honored by the facility. The Department of Public
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| Health Uniform DNR Advance Directive
Order form or a copy of | 14 |
| that Advance Directive
form shall be honored under any
policy | 15 |
| established under this Section.
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| (Source: P.A. 92-356, eff. 10-1-01.)
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| Section 25. The Health Care Surrogate Act is amended by | 18 |
| changing Section 65 as follows: | 19 |
| (755 ILCS 40/65)
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| Sec. 65. Do-not-resuscitate advance directive forms
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| orders .
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| (a) An individual of sound mind and having reached the age | 23 |
| of majority or
having
obtained the status of an emancipated | 24 |
| person pursuant to the Emancipation of
Mature
Minors Act may | 25 |
| execute a document (consistent with the Department of Public
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| Health Uniform DNR Advance Directive
Order Form ) directing that
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| resuscitating efforts shall not be implemented. Such a document
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| an
order may also
be executed by an attending physician. | 29 |
| Notwithstanding the existence of a
DNR order, appropriate organ | 30 |
| donation treatment may be applied or continued
temporarily in | 31 |
| the event of the patient's death, in accordance with subsection
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| (g) of Section 20 of this Act, if the patient is an organ | 33 |
| donor.
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| (b) Consent to a DNR Advance Directive
order may be | 2 |
| obtained from the individual, or from
another
person at the | 3 |
| individual's direction, or from the individual's legal | 4 |
| guardian,
agent under a
power of attorney for health care, or | 5 |
| surrogate decision maker, and witnessed
by 2
individuals 18 | 6 |
| years of age or older.
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| (c) The DNR Advance Directive
order may, but need not, be | 8 |
| in the form adopted by the
Department
of
Public Health pursuant | 9 |
| to Section 2310-600 of the Department of Public Health
Powers | 10 |
| and
Duties Law (20 ILCS 2310/2310-600).
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| (d) A health care professional or health care provider may | 12 |
| presume, in the
absence
of knowledge to the contrary, that a | 13 |
| completed Department of Public Health
Uniform DNR
Advance | 14 |
| Directive
Order form
or a copy of that Advance Directive
form | 15 |
| is a valid DNR Advance Directive
order . A health care | 16 |
| professional or
health
care provider, or an employee of a | 17 |
| health care professional or health care
provider, who in
good | 18 |
| faith complies
with a do-not-resuscitate order made in | 19 |
| accordance with this Act is not,
as a result of that | 20 |
| compliance, subject to any criminal or civil liability,
except | 21 |
| for willful and wanton misconduct, and
may not be found to have | 22 |
| committed an act of unprofessional conduct. | 23 |
| (e) Nothing in this Section or this Amendatory Act of the | 24 |
| 94th General Assembly shall be construed to affect the ability | 25 |
| of a physician to make a DNR order.
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| (Source: P.A. 92-356, eff. 10-1-01; 93-794, eff. 7-22-04; | 27 |
| revised 11-5-04.)
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
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