093_HB0781eng HB0781 Engrossed LRB093 05311 DRJ 05401 b 1 AN ACT concerning nursing home care. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Nursing Home Care Act is amended by 5 changing Section 2-104 as follows: 6 (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104) 7 Sec. 2-104. Medical treatment; experimental research or 8 treatment; records. 9 (a) A resident shall be permitted to retain the services 10 of his own personal physician at his own expense or under an 11 individual or group plan of health insurance, or under any 12 public or private assistance program providing such coverage. 13 However, the facility is not liable for the negligence of any 14 such personal physician. Every resident shall be permitted 15 to obtain from his own physician or the physician attached to 16 the facility complete and current information concerning his 17 medical diagnosis, treatment and prognosis in terms and 18 language the resident can reasonably be expected to 19 understand. Every resident shall be permitted to participate 20 in the planning of his total care and medical treatment to 21 the extent that his condition permits. No resident shall be 22 subjected to experimental research or treatment without first 23 obtaining his informed, written consent. The conduct of any 24 experimental research or treatment shall be authorized and 25 monitored by an institutional review committee appointed by 26 the administrator of the facility where such research and 27 treatment is conducted. The membership, operating procedures 28 and review criteria for institutional review committees shall 29 be prescribed under rules and regulations of the Department. 30 (b) All medical treatment and procedures shall be 31 administered as ordered by a physician. All new physician HB0781 Engrossed -2- LRB093 05311 DRJ 05401 b 1 orders shall be reviewed by the facility's director of 2 nursing or charge nurse designee within 24 hours after such 3 orders have been issued to assure facility compliance with 4 such orders. 5 According to rules adopted by the Department, every woman 6 resident of child-bearing age shall receive routine 7 obstetrical and gynecological evaluations as well as 8 necessary prenatal care. 9 (c) Every resident shall be permitted to refuse medical 10 treatment and to know the consequences of such action, unless 11 such refusal would be harmful to the health and safety of 12 others and such harm is documented by a physician in the 13 resident's clinical record. The resident's refusal shall 14 free the facility from the obligation to provide the 15 treatment. 16 (d) Every resident, resident's guardian, or parent if 17 the resident is a minor shall be permitted to inspect and 18 copy all his clinical and other records concerning his care 19 and maintenance kept by the facility or by his physician. The 20 facility may charge a reasonable fee for duplication of a 21 record. 22 (Source: P.A. 86-1013.)