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