State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 002 ]
[ Senate Amendment 001 ]


92_HB2276eng

 
HB2276 Engrossed                               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  and  a  statewide  organization
27    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
30    settings.   The  form may be referred to as the Department of
31    Public Health Uniform DNR Order form.
 
HB2276 Engrossed            -2-                LRB9206477DJtm
 1        (c)  The Department of Public Health  may  contract  with
 2    statewide  professional organizations representing physicians
 3    licensed to practice medicine in all its branches health care
 4    professionals to prepare and publish  materials  required  by
 5    this  Section.    The Department of Public Health may consult
 6    with  a  statewide   organization   representing   registered
 7    professional  nurses  on preparing materials required by this
 8    Section.
 9    (Source: P.A. 91-789, eff. 1-1-01.)

10        Section 10.  The Nursing Home  Care  Act  is  amended  by
11    changing Section 2-104.2 as follows:

12        (210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
13        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
16    such as those commonly referred  to  as  "Do-Not-Resuscitate"
17    orders.  This policy may only prescribe the format, method of
18    documentation and duration of any physician  orders  limiting
19    resuscitation.  Any orders under this policy shall be honored
20    by the facility. The Department of Public Health Uniform  DNR
21    Order  form  or  a copy of that form shall be  honored by the
22    facility.
23    (Source: P.A. 87-567.)

24        Section 15.  The Emergency Medical Services (EMS) Systems
25    Act is amended by adding Section 3.57 as follows:

26        (210 ILCS 50/3.57 new)
27        Sec.  3.57.  Physician  do-not-resuscitate  orders.   The
28    Department of Public Health Uniform DNR Order form or a  copy
29    of that form shall be honored under this Act.
 
HB2276 Engrossed            -3-                LRB9206477DJtm
 1        Section  20.  The  Hospital  Licensing  Act is amended by
 2    adding Section 6.19 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        Section 25.  The Health Care Surrogate Act is amended  by
16    adding Section 65 as follows:

17        (755 ILCS 40/65 new)
18        Sec. 65.  Do-not-resuscitate orders.
19        (a)  An  individual  of sound mind and having reached the
20    age  of  majority  or  having  obtained  the  status  of   an
21    emancipated  person  pursuant  to  the Emancipation of Mature
22    Minors Act  may  execute  a  document  (consistent  with  the
23    Department of Public Health Uniform DNR Order Form) directing
24    that resuscitating efforts shall not be implemented.  Such an
25    order may also be executed by an attending physician.
26        (b)  Consent  to  a  DNR  order  may be obtained from the
27    individual,  or  from  another  person  at  the  individual's
28    direction, or from the  individual's  legal  guardian,  agent
29    under  a  power  of  attorney  for  health care, or surrogate
30    decision maker, and witnessed by 2 individuals  18  years  of
31    age or older.
 
HB2276 Engrossed            -4-                LRB9206477DJtm
 1        (c)  The  DNR  order  may,  but  need not, be in the form
 2    adopted by  the  Department  of  Public  Health  pursuant  to
 3    Section  2310-600  of  the Department of Public Health Powers
 4    and Duties Law (20 ILCS 2310/2310-600).
 5        (d)  A health care professional or health  care  provider
 6    may  presume,  in  the  absence of knowledge to the contrary,
 7    that a completed Department  of  Public  Health  Uniform  DNR
 8    Order  form  or  a copy of that form is a valid DNR order.  A
 9    health care professional  or  health  care  provider,  or  an
10    employee  of  a  health  care  professional  or  health  care
11    provider,    who    in    good    faith   complies   with   a
12    do-not-resuscitate order made in accordance with this Act  is
13    not,  as a result of that compliance, subject to any criminal
14    or  civil  liability,    except  for   willful   and   wanton
15    misconduct,  and may not be found to have committed an act of
16    unprofessional conduct.

17        Section 99.  Effective date.  This Act  takes  effect  on
18    October 1, 2001.

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