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92_HB2276enr HB2276 Enrolled LRB9206477DJtm 1 AN ACT in relation to health. 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 in Illinois 11 that is required by the federal Patient Self-Determination 12 Act. Publication may be limited to the World Wide Web. 13 (b) The Department of Public Health shall adopt, by 14 rule, and publish Spanish language versions of the following: 15 (1) The statutory Living Will Declaration form. 16 (2) The Illinois Statutory Short Form Power of 17 Attorney for Health Care. 18 (3) The statutory Declaration of Mental Health 19 Treatment Form. 20 (4) The summary of advance directives law in 21 Illinois. 22 (5) Any statewide uniform Do Not Resuscitate forms. 23 Publication may be limited to the World Wide Web. 24 (b-5) In consultation with a statewide professional 25 organization representing physicians licensed to practice 26 medicine in all its branches, statewide organizations 27 representing nursing homes, and a statewide organization 28 representing hospitals, the Department of Public Health shall 29 develop and publish a uniform form for physician 30 do-not-resuscitate orders that may be utilized in all 31 settings. The form may be referred to as the Department of HB2276 Enrolled -2- LRB9206477DJtm 1 Public Health Uniform DNR Order form. 2 (c) The Department of Public Health may contract with 3 statewide professional organizations representing physicians 4 licensed to practice medicine in all its brancheshealth care5professionalsto prepare and publish materials required by 6 this Section. The Department of Public Health may consult 7 with a statewide organization representing registered 8 professional nurses on preparing materials required by this 9 Section. 10 (Source: P.A. 91-789, eff. 1-1-01.) 11 Section 10. The Nursing Home Care Act is amended by 12 changing Section 2-104.2 as follows: 13 (210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2) 14 Sec. 2-104.2. Do-Not-Resuscitate Orders. Every facility 15 licensed under this Act shall establish a policy for the 16 implementation of physician orders limiting resuscitation 17 such as those commonly referred to as "Do-Not-Resuscitate" 18 orders. This policy may only prescribe the format, method of 19 documentation and duration of any physician orders limiting 20 resuscitation. Any orders under this policy shall be honored 21 by the facility. The Department of Public Health Uniform DNR 22 Order form or a copy of that form shall be honored by the 23 facility. 24 (Source: P.A. 87-567.) 25 Section 15. The Emergency Medical Services (EMS) Systems 26 Act is amended by adding Section 3.57 as follows: 27 (210 ILCS 50/3.57 new) 28 Sec. 3.57. Physician do-not-resuscitate orders. The 29 Department of Public Health Uniform DNR Order form or a copy 30 of that form shall be honored under this Act. HB2276 Enrolled -3- LRB9206477DJtm 1 Section 20. The Hospital Licensing Act is amended by 2 adding Sections 6.19 and 6.20 as follows: 3 (210 ILCS 85/6.19 new) 4 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 8 "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 13 Health Uniform DNR Order form or a copy of that form shall be 14 honored under any policy established under this Section. 15 (210 ILCS 85/6.20 new) 16 Sec. 6.20. Use of restraints. Each hospital licensed 17 under this Act must have a written policy to address the use 18 of restraints and seclusion in the hospital. The Department 19 shall establish, by rule, the provisions that the policy must 20 include, which, to the extent practicable, should be 21 consistent with the requirements for participation in the 22 federal Medicare program. Each hospital policy shall 23 include periodic review of the use of restraints or seclusion 24 in the hospital. 25 In hospitals, restraints or seclusion may only be 26 ordered by (i) a physician licensed to practice medicine in 27 all its branches or (ii) a registered nurse with supervisory 28 responsibilities as authorized by the medical staff. The 29 medical staff of a hospital may adopt a policy specifying 30 the requirements for the use of restraints or seclusion and 31 identifying whether a registered nurse with supervisory 32 responsibilities may order restraints or seclusion in the HB2276 Enrolled -4- LRB9206477DJtm 1 hospital when the patient's treating physician is not 2 available. 3 Registered nurses authorized to order restraints or 4 seclusion shall have appropriate training and experience as 5 determined by medical staff policy. The treating physician 6 shall be notified when restraints or seclusion are ordered by 7 a registered nurse. Nothing in this Section requires that a 8 medical staff authorize a registered nurse with supervisory 9 responsibilities to order restraints or seclusion. 10 Section 25. The Health Care Surrogate Act is amended by 11 adding Section 65 as follows: 12 (755 ILCS 40/65 new) 13 Sec. 65. Do-not-resuscitate orders. 14 (a) An individual of sound mind and having reached the 15 age of majority or having obtained the status of an 16 emancipated person pursuant to the Emancipation of Mature 17 Minors Act may execute a document (consistent with the 18 Department of Public Health Uniform DNR Order Form) directing 19 that resuscitating efforts shall not be implemented. Such an 20 order may also be executed by an attending physician. 21 (b) Consent to a DNR order may be obtained from the 22 individual, or from another person at the individual's 23 direction, or from the individual's legal guardian, agent 24 under a power of attorney for health care, or surrogate 25 decision maker, and witnessed by 2 individuals 18 years of 26 age or older. 27 (c) The DNR order may, but need not, be in the form 28 adopted by the Department of Public Health pursuant to 29 Section 2310-600 of the Department of Public Health Powers 30 and Duties Law (20 ILCS 2310/2310-600). 31 (d) A health care professional or health care provider 32 may presume, in the absence of knowledge to the contrary, HB2276 Enrolled -5- LRB9206477DJtm 1 that a completed Department of Public Health Uniform DNR 2 Order form or a copy of that form is a valid DNR order. A 3 health care professional or health care provider, or an 4 employee of a health care professional or health care 5 provider, who in good faith complies with a 6 do-not-resuscitate order made in accordance with this Act is 7 not, as a result of that compliance, subject to any criminal 8 or civil liability, except for willful and wanton 9 misconduct, and may not be found to have committed an act of 10 unprofessional conduct. 11 Section 99. Effective date. This Act takes effect on 12 October 1, 2001.