Full Text of HB0748 96th General Assembly
HB0748enr 96TH GENERAL ASSEMBLY
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HB0748 Enrolled |
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| AN ACT concerning regulation.
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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 | 5 |
| 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. | 8 |
| (a) Every facility licensed under
this Act shall establish | 9 |
| a policy for the implementation of physician
orders limiting | 10 |
| resuscitation such as those commonly referred to as
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| "Do-Not-Resuscitate" orders. This policy may only prescribe | 12 |
| the format,
method of documentation and duration of any | 13 |
| physician orders limiting
resuscitation. Any orders under this | 14 |
| policy shall be honored by the facility.
The Department of | 15 |
| Public Health Uniform DNR Advance Directive or a copy of that | 16 |
| Advance Directive
shall be
honored by the facility.
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| (b) Within 30 days after admission, new residents who do | 18 |
| not have a guardian of the person or an executed power of | 19 |
| attorney for health care shall be provided with written notice, | 20 |
| in a form and manner provided by rule of the Department, of | 21 |
| their right to provide the name of one or more potential health | 22 |
| care surrogates that a treating physician should consider in | 23 |
| selecting a surrogate to act on the resident's behalf should |
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| the resident lose decision-making capacity. The notice shall | 2 |
| include a form of declaration that may be utilized by the | 3 |
| resident to identify potential health care surrogates or by the | 4 |
| facility to document any inability or refusal to make such a | 5 |
| declaration. A signed copy of the resident's declaration of a | 6 |
| potential health care surrogate or decision to decline to make | 7 |
| such a declaration, or documentation by the facility of the | 8 |
| resident's inability to make such a declaration, shall be | 9 |
| placed in the resident's clinical record and shall satisfy the | 10 |
| facility's obligation under this Section. Such a declaration | 11 |
| shall be used only for informational purposes in the selection | 12 |
| of a surrogate pursuant to the Health Care Surrogate Act. A | 13 |
| facility that complies with this Section is not liable to any | 14 |
| healthcare provider, resident, or resident's representative or | 15 |
| any other person relating to the identification or selection of | 16 |
| a surrogate or potential health care surrogate. | 17 |
| (Source: P.A. 94-865, eff. 6-16-06.)
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| Section 10. The Health Care Surrogate Act is amended by | 19 |
| changing Section 15 as follows:
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| (755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
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| Sec. 15. Applicability. This Act applies to patients who | 22 |
| lack
decisional capacity
or who have a qualifying condition. | 23 |
| This Act does not
apply to instances in which the patient has | 24 |
| an operative and unrevoked
living will under the Illinois |
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| Living Will Act, an operative and unrevoked
declaration for | 2 |
| mental health treatment under the Mental Health Treatment
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| Preferences Declaration Act, or an authorized agent under
a | 4 |
| power of attorney for health care under the Illinois Power of | 5 |
| Attorney
Act and the patient's condition falls within the | 6 |
| coverage of the living
will, the declaration for mental health | 7 |
| treatment, or the power of attorney
for health care. In those | 8 |
| instances, the
living will, declaration for mental health | 9 |
| treatment, or power of
attorney for health care, as the case | 10 |
| may be, shall
be given effect according to its terms. This Act | 11 |
| does apply in
circumstances in which a patient has a qualifying | 12 |
| condition but the
patient's condition does not fall within the | 13 |
| coverage of the living will, the
declaration for mental health | 14 |
| treatment, or
the power of attorney for health care.
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| Each health care facility shall maintain any advance
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| directives proffered by the patient or other authorized person,
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| including a do not resuscitate order, a living will, a | 18 |
| declaration for mental
health treatment, a declaration of a | 19 |
| potential surrogate or surrogates should the person become | 20 |
| incapacitated or impaired, or a
power of attorney for health | 21 |
| care, in the patient's medical records for the
duration of the | 22 |
| patient's stay. This Act does apply to patients without
a | 23 |
| qualifying condition. If a patient is an adult with
decisional
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| capacity, then the right to refuse medical treatment
or | 25 |
| life-sustaining
treatment does
not require the presence of a | 26 |
| qualifying condition.
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| (Source: P.A. 90-246, eff. 1-1-98.)
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