Full Text of HB5330 94th General Assembly
HB5330 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5330
Introduced 01/26/06, by Rep. Joe Dunn SYNOPSIS AS INTRODUCED: |
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20 ILCS 2310/2310-600 |
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210 ILCS 45/2-104.2 |
from Ch. 111 1/2, par. 4152-104.2 |
210 ILCS 50/3.57 |
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210 ILCS 85/6.19 |
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755 ILCS 40/65 |
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Amends the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois, the Nursing Home Care Act, the Emergency Medical Services (EMS) Systems Act, the Hospital Licensing Act, and the Health Care Surrogate Act. Changes references from "Department of Public Health Uniform DNR Order form" to "Department of Public Health Uniform DNR Advance Directive", and provides that this advance directive does not replace a physician's do-not-resuscitate (DNR) order. Provides that nothing in the Health Care Surrogate Act provisions concerning DNR forms shall be construed to affect the ability of a physician to make a DNR order. Effective immediately.
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A BILL FOR
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HB5330 |
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LRB094 16813 DRJ 52089 b |
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| AN ACT concerning health.
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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 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:
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| (20 ILCS 2310/2310-600)
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| Sec. 2310-600. Advance directive information.
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| (a) The Department of Public Health shall prepare and | 10 |
| publish the summary of
advance directives law in Illinois that | 11 |
| is required by the federal Patient
Self-Determination Act. | 12 |
| Publication may be limited to the World Wide Web.
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| (b) The Department of Public Health shall adopt, by rule, | 14 |
| and publish
Spanish language
versions of the following:
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| (1) The statutory Living Will Declaration form.
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| (2) The Illinois Statutory Short Form Power of Attorney | 17 |
| for Health Care.
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| (3) The statutory Declaration of Mental Health | 19 |
| Treatment Form.
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| (4) The summary of advance directives law in Illinois.
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| (5) Any statewide uniform Do Not Resuscitate forms.
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| Publication may be limited to the World Wide Web.
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| (b-5) In consultation with a statewide professional | 24 |
| organization
representing
physicians licensed to practice | 25 |
| medicine in all its branches, statewide
organizations | 26 |
| representing nursing homes, and a statewide
organization
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| 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
settings. | 30 |
| The form
may be referred to as the Department of Public Health | 31 |
| Uniform DNR Advance Directive
Order form . This advance | 32 |
| directive does not replace a physician's do-not-resuscitate |
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HB5330 |
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LRB094 16813 DRJ 52089 b |
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| (DNR) order.
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| (c) The Department of Public Health may contract with | 3 |
| statewide professional
organizations representing physicians | 4 |
| licensed to practice medicine in all
its branches to prepare | 5 |
| and publish
materials
required by this Section.
The Department | 6 |
| of Public Health may consult with a statewide organization
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| representing registered professional nurses on preparing | 8 |
| materials required by
this Section.
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| (Source: P.A. 91-789, eff. 1-1-01; 92-356, eff. 10-1-01.)
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| Section 10. The Nursing Home Care Act is amended by | 11 |
| changing Section 2-104.2 as follows:
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| (210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
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| 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 such | 16 |
| as those commonly referred to as
"Do-Not-Resuscitate" orders. | 17 |
| This policy may only prescribe the format,
method of | 18 |
| documentation and duration of any physician orders limiting
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| resuscitation. Any orders under this policy shall be honored by | 20 |
| the facility.
The Department of Public Health Uniform DNR | 21 |
| Advance Directive
Order
form or a copy of that Advance | 22 |
| Directive
form
shall be
honored by the facility.
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| (Source: P.A. 92-356, eff. 10-1-01.)
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| Section 15. The Emergency Medical Services (EMS) Systems | 25 |
| Act is amended by changing Section 3.57 as follows:
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| (210 ILCS 50/3.57)
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| Sec. 3.57. Physician do-not-resuscitate orders. The | 28 |
| Department of Public
Health
Uniform DNR Advance Directive
Order | 29 |
| form or a copy of that Advance Directive
form shall be honored | 30 |
| under this
Act.
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| (Source: P.A. 92-356, eff. 10-1-01.)
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HB5330 |
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LRB094 16813 DRJ 52089 b |
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| Section 20. The Hospital Licensing Act is amended by | 2 |
| changing Section 6.19 as follows:
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| (210 ILCS 85/6.19)
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| 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
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| "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
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| Health Uniform DNR Advance Directive
Order form or a copy of | 14 |
| that Advance Directive
form shall be honored under any
policy | 15 |
| established under this Section.
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| (Source: P.A. 92-356, eff. 10-1-01.)
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| Section 25. The Health Care Surrogate Act is amended by | 18 |
| changing Section 65 as follows: | 19 |
| (755 ILCS 40/65)
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| Sec. 65. Do-not-resuscitate advance directive forms
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| orders .
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| (a) An individual of sound mind and having reached the age | 23 |
| of majority or
having
obtained the status of an emancipated | 24 |
| person pursuant to the Emancipation of
Mature
Minors Act may | 25 |
| execute a document (consistent with the Department of Public
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| Health Uniform DNR Advance Directive
Order Form ) directing that
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| resuscitating efforts shall not be implemented. Such a document
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| an
order may also
be executed by an attending physician. | 29 |
| Notwithstanding the existence of a
DNR order, appropriate organ | 30 |
| donation treatment may be applied or continued
temporarily in | 31 |
| the event of the patient's death, in accordance with subsection
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| (g) of Section 20 of this Act, if the patient is an organ | 33 |
| donor.
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HB5330 |
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LRB094 16813 DRJ 52089 b |
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| (b) Consent to a DNR Advance Directive
order may be | 2 |
| obtained from the individual, or from
another
person at the | 3 |
| individual's direction, or from the individual's legal | 4 |
| guardian,
agent under a
power of attorney for health care, or | 5 |
| surrogate decision maker, and witnessed
by 2
individuals 18 | 6 |
| years of age or older.
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| (c) The DNR Advance Directive
order may, but need not, be | 8 |
| in the form adopted by the
Department
of
Public Health pursuant | 9 |
| to Section 2310-600 of the Department of Public Health
Powers | 10 |
| and
Duties Law (20 ILCS 2310/2310-600).
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| (d) A health care professional or health care provider may | 12 |
| presume, in the
absence
of knowledge to the contrary, that a | 13 |
| completed Department of Public Health
Uniform DNR
Advance | 14 |
| Directive
Order form
or a copy of that Advance Directive
form | 15 |
| is a valid DNR Advance Directive
order . A health care | 16 |
| professional or
health
care provider, or an employee of a | 17 |
| health care professional or health care
provider, who in
good | 18 |
| faith complies
with a do-not-resuscitate order made in | 19 |
| accordance with this Act is not,
as a result of that | 20 |
| compliance, subject to any criminal or civil liability,
except | 21 |
| for willful and wanton misconduct, and
may not be found to have | 22 |
| committed an act of unprofessional conduct. | 23 |
| (e) Nothing in this Section or this Amendatory Act of the | 24 |
| 94th General Assembly shall be construed to affect the ability | 25 |
| of a physician to make a DNR order.
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| (Source: P.A. 92-356, eff. 10-1-01; 93-794, eff. 7-22-04; | 27 |
| revised 11-5-04.)
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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
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