State of Illinois
92nd General Assembly
Legislation

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92_HB2276enr

 
HB2276 Enrolled                                LRB9206477DJtm

 1        AN ACT in relation to health.

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

 4        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:

 7        (20 ILCS 2310/2310-600)
 8        Sec. 2310-600.  Advance directive information.
 9        (a)  The  Department  of  Public Health shall prepare and
10    publish the summary of advance  directives  law  in  Illinois
11    that  is  required  by the federal Patient Self-Determination
12    Act.  Publication may be limited to the World Wide Web.
13        (b)  The Department of  Public  Health  shall  adopt,  by
14    rule, and publish Spanish language versions of the following:
15             (1)  The statutory Living Will Declaration form.
16             (2)  The  Illinois  Statutory  Short  Form  Power of
17        Attorney for Health Care.
18             (3)  The  statutory  Declaration  of  Mental  Health
19        Treatment Form.
20             (4)  The  summary  of  advance  directives  law   in
21        Illinois.
22             (5)  Any statewide uniform Do Not Resuscitate forms.
23        Publication may be limited to the World Wide Web.
24        (b-5)  In  consultation  with  a  statewide  professional
25    organization  representing    physicians licensed to practice
26    medicine  in  all  its  branches,   statewide   organizations
27    representing  nursing  homes,  and  a  statewide organization
28    representing hospitals, the Department of Public Health shall
29    develop  and   publish   a   uniform   form   for   physician
30    do-not-resuscitate   orders  that  may  be  utilized  in  all
31    settings.  The form may be referred to as the  Department  of
 
HB2276 Enrolled            -2-                 LRB9206477DJtm
 1    Public Health Uniform DNR Order form.
 2        (c)  The  Department  of  Public Health may contract with
 3    statewide professional organizations representing  physicians
 4    licensed to practice medicine in all its branches health care
 5    professionals  to  prepare  and publish materials required by
 6    this Section.  The Department of Public  Health  may  consult
 7    with   a   statewide   organization  representing  registered
 8    professional nurses on preparing materials required  by  this
 9    Section.
10    (Source: P.A. 91-789, eff. 1-1-01.)

11        Section  10.   The  Nursing  Home  Care Act is amended by
12    changing Section 2-104.2 as follows:

13        (210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
14        Sec. 2-104.2.  Do-Not-Resuscitate Orders. Every  facility
15    licensed  under  this  Act  shall  establish a policy for the
16    implementation of  physician  orders  limiting  resuscitation
17    such  as  those  commonly referred to as "Do-Not-Resuscitate"
18    orders. This policy may only prescribe the format, method  of
19    documentation  and  duration of any physician orders limiting
20    resuscitation. Any orders under this policy shall be  honored
21    by  the facility. The Department of Public Health Uniform DNR
22    Order form or a copy of that form shall be   honored  by  the
23    facility.
24    (Source: P.A. 87-567.)

25        Section 15.  The Emergency Medical Services (EMS) Systems
26    Act is amended by adding Section 3.57 as follows:

27        (210 ILCS 50/3.57 new)
28        Sec.  3.57.  Physician  do-not-resuscitate  orders.   The
29    Department  of Public Health Uniform DNR Order form or a copy
30    of that form shall be honored under this Act.
 
HB2276 Enrolled            -3-                 LRB9206477DJtm
 1        Section 20.  The Hospital Licensing  Act  is  amended  by
 2    adding Sections 6.19 and 6.20 as follows:

 3        (210 ILCS 85/6.19 new)
 4        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
 8    "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
13    Health Uniform DNR Order form or a copy of that form shall be
14    honored under any policy established under this Section.

15        (210 ILCS 85/6.20 new)
16        Sec.  6.20.  Use  of  restraints.  Each hospital licensed
17    under this Act must have a written policy to address the  use
18    of  restraints and seclusion in the hospital.  The Department
19    shall establish, by rule, the provisions that the policy must
20    include,  which,    to  the  extent  practicable,  should  be
21    consistent  with  the  requirements  for participation in the
22    federal  Medicare  program.   Each    hospital  policy  shall
23    include periodic review of the use of restraints or seclusion
24    in the hospital.
25        In  hospitals,  restraints  or  seclusion  may  only   be
26    ordered  by  (i) a physician licensed to practice medicine in
27    all its branches  or (ii) a registered nurse with supervisory
28    responsibilities as authorized by  the  medical  staff.   The
29    medical  staff  of  a hospital may  adopt a policy specifying
30    the requirements for the use of restraints or  seclusion  and
31    identifying  whether  a  registered  nurse  with  supervisory
32    responsibilities may order restraints  or  seclusion  in  the
 
HB2276 Enrolled            -4-                 LRB9206477DJtm
 1    hospital  when  the  patient's  treating  physician  is   not
 2    available.
 3        Registered  nurses  authorized  to  order  restraints  or
 4    seclusion shall have appropriate training and  experience  as
 5    determined   by medical staff policy.  The treating physician
 6    shall be notified when restraints or seclusion are ordered by
 7    a registered  nurse.  Nothing in this Section requires that a
 8    medical staff authorize a registered nurse  with  supervisory
 9    responsibilities  to order restraints or seclusion.

10        Section  25.  The Health Care Surrogate Act is amended by
11    adding Section 65 as follows:

12        (755 ILCS 40/65 new)
13        Sec. 65.  Do-not-resuscitate orders.
14        (a)  An individual of sound mind and having  reached  the
15    age   of  majority  or  having  obtained  the  status  of  an
16    emancipated person pursuant to  the  Emancipation  of  Mature
17    Minors  Act  may  execute  a  document  (consistent  with the
18    Department of Public Health Uniform DNR Order Form) directing
19    that resuscitating efforts shall not be implemented.  Such an
20    order may also be executed by an attending physician.
21        (b)  Consent to a DNR order  may  be  obtained  from  the
22    individual,  or  from  another  person  at  the  individual's
23    direction,  or  from  the  individual's legal guardian, agent
24    under a power of  attorney  for  health  care,  or  surrogate
25    decision  maker,  and  witnessed by 2 individuals 18 years of
26    age or older.
27        (c)  The DNR order may, but need  not,  be  in  the  form
28    adopted  by  the  Department  of  Public  Health  pursuant to
29    Section 2310-600 of the Department of  Public  Health  Powers
30    and Duties Law (20 ILCS 2310/2310-600).
31        (d)  A  health  care professional or health care provider
32    may presume, in the absence of  knowledge  to  the  contrary,
 
HB2276 Enrolled            -5-                 LRB9206477DJtm
 1    that  a  completed  Department  of  Public Health Uniform DNR
 2    Order form or a copy of that form is a valid  DNR  order.   A
 3    health  care  professional  or  health  care  provider, or an
 4    employee  of  a  health  care  professional  or  health  care
 5    provider,   who   in   good    faith    complies    with    a
 6    do-not-resuscitate  order made in accordance with this Act is
 7    not, as a result of that compliance, subject to any  criminal
 8    or   civil   liability,     except  for  willful  and  wanton
 9    misconduct, and may not be found to have committed an act  of
10    unprofessional conduct.

11        Section  99.   Effective  date.  This Act takes effect on
12    October 1, 2001.

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