93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5788


 
Introduced 2/6/2004, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		












210 ILCS 45/2-104
  from Ch. 111 1/2, par. 4152-104









    Amends the Nursing Home Care Act.  Makes technical changes to a Section
concerning medical treatment.
















LRB093 16927 DRJ 42584 b

















 


 


A BILL FOR









 











HB5788

LRB093 16927 DRJ 42584 b






1
    AN ACT concerning health care. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Nursing Home Care Act is amended by changing

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Section 2-104 as follows:


 
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    (210 ILCS 45/2-104)  (from Ch. 111 1/2, par. 4152-104)

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    Sec. 2-104. Medical treatment; experimental research or 
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treatment;
records.


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    (a) A resident shall be permitted to retain the services
of 
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his own personal physician at his own expense or under an 
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individual or
group plan of health insurance, or under any 
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public or private
assistance program providing such coverage.  
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However, the facility is
not liable for the negligence of any 
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such personal physician.  Every
resident shall be permitted to 
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obtain from his own physician or the
physician attached to the 
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facility complete and current information
concerning his 
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medical diagnosis, treatment and prognosis in terms and

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language the resident can reasonably be expected to understand.  
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Every
resident shall be permitted to participate in the 
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planning of his total
care and medical treatment to the extent 
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that his condition permits.  No
resident shall be subjected to 
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experimental research or treatment
without first obtaining his 
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informed, written consent.  The conduct of
any experimental 
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research or treatment shall be authorized and monitored
by an 
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institutional review committee appointed by the administrator 
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of
the facility where such research and treatment is conducted.  
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The
membership, operating procedures and review criteria for 
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institutional
review committees shall be prescribed under 
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rules and regulations of the
Department.


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    (b) All medical treatment and procedures shall be 
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administered as
ordered by a physician. All new physician 
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orders shall be reviewed by the
facility's director of nursing 
 


 






HB5788
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LRB093 16927 DRJ 42584 b




1
or charge nurse designee within 24 hours
after such orders have 
2
been issued to assure facility compliance with such orders.


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    According to rules adopted by the Department, every woman 
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resident of
child-bearing age shall receive routine 
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obstetrical and gynecological
evaluations as well as necessary 
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prenatal care.


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    (c) Every resident shall be permitted to refuse medical 
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treatment
and to know the consequences of such action, unless 
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such refusal would
be harmful to the health and safety of 
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others and such harm is
documented by a physician in the 
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resident's clinical record.  The
resident's refusal shall free 
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the facility from the obligation to
provide the treatment.


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    (d) Every resident, resident's guardian, or parent if the 
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resident
is a minor shall be permitted to inspect and copy all 
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his clinical and
other records concerning his care and 
16
maintenance kept by the facility
or by his physician. The 
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facility may charge a reasonable fee for
duplication of a 
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record.


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(Source: P.A. 86-1013.)