Public Act 094-0865
 
HB5330 Enrolled LRB094 16813 DRJ 52089 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-600 as follows:
 
    (20 ILCS 2310/2310-600)
    Sec. 2310-600. Advance directive information.
    (a) The Department of Public Health shall prepare and
publish the summary of advance directives law in Illinois that
is required by the federal Patient Self-Determination Act.
Publication may be limited to the World Wide Web.
    (b) The Department of Public Health shall adopt, by rule,
and publish Spanish language versions of the following:
        (1) The statutory Living Will Declaration form.
        (2) The Illinois Statutory Short Form Power of Attorney
    for Health Care.
        (3) The statutory Declaration of Mental Health
    Treatment Form.
        (4) The summary of advance directives law in Illinois.
        (5) Any statewide uniform Do Not Resuscitate forms.
    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, and a statewide organization
representing hospitals, the Department of Public Health shall
develop and publish a uniform form for physician
do-not-resuscitate orders that may be utilized in all settings.
The form may be referred to as the Department of Public Health
Uniform DNR Advance Directive Order form. This advance
directive does not replace a physician's do-not-resuscitate
(DNR) order.
    (c) The Department of Public Health may contract with
statewide professional organizations representing physicians
licensed to practice medicine in all its branches to prepare
and publish materials required by this Section. The Department
of Public Health may consult with a statewide organization
representing registered professional nurses on preparing
materials required by this Section.
(Source: P.A. 91-789, eff. 1-1-01; 92-356, eff. 10-1-01.)
 
    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. 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 DNR
Advance Directive Order form or a copy of that Advance
Directive form shall be honored by the facility.
(Source: P.A. 92-356, eff. 10-1-01.)
 
    Section 15. 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. The
Department of Public Health Uniform DNR Advance Directive Order
form or a copy of that Advance Directive form shall be honored
under this Act.
(Source: P.A. 92-356, eff. 10-1-01.)
 
    Section 20. 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. Every facility
licensed under this Act shall establish a policy for the
implementation of physician orders limiting resuscitation,
such as those orders commonly referred to as
"do-not-resuscitate" orders. This policy may prescribe only
the format, method of documentation, and duration of any
physician orders limiting resuscitation. 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 DNR Advance Directive Order form or a copy of
that Advance Directive form shall be honored under any policy
established under this Section.
(Source: P.A. 92-356, eff. 10-1-01.)
 
    Section 25. The Health Care Surrogate Act is amended by
changing Section 65 as follows:
 
    (755 ILCS 40/65)
    Sec. 65. Do-not-resuscitate advance directive forms
orders.
    (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 Mature Minors Act may
execute a document (consistent with the Department of Public
Health Uniform DNR Advance Directive Order Form) directing that
resuscitating efforts shall not be implemented. Such a document
an order may also be executed by an attending physician.
Notwithstanding the existence of a DNR order, 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.
    (b) Consent to a DNR Advance Directive order 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 2 individuals 18
years of age or older.
    (c) The DNR Advance Directive order 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 DNR Advance
Directive Order form or a copy of that Advance Directive form
is a valid DNR Advance Directive order. 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 do-not-resuscitate order 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 shall be construed to affect the ability
of a physician to make a DNR order.
(Source: P.A. 92-356, eff. 10-1-01; 93-794, eff. 7-22-04;
revised 11-5-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.