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92_HB2276eng HB2276 Engrossed 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 and a statewide organization 27 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 30 settings. The form may be referred to as the Department of 31 Public Health Uniform DNR Order form. HB2276 Engrossed -2- LRB9206477DJtm 1 (c) The Department of Public Health may contract with 2 statewide professional organizations representing physicians 3 licensed to practice medicine in all its brancheshealth care4professionalsto prepare and publish materials required by 5 this Section. The Department of Public Health may consult 6 with a statewide organization representing registered 7 professional nurses on preparing materials required by this 8 Section. 9 (Source: P.A. 91-789, eff. 1-1-01.) 10 Section 10. The Nursing Home Care Act is amended by 11 changing Section 2-104.2 as follows: 12 (210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2) 13 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 16 such as those commonly referred to as "Do-Not-Resuscitate" 17 orders. This policy may only prescribe the format, method of 18 documentation and duration of any physician orders limiting 19 resuscitation. Any orders under this policy shall be honored 20 by the facility. The Department of Public Health Uniform DNR 21 Order form or a copy of that form shall be honored by the 22 facility. 23 (Source: P.A. 87-567.) 24 Section 15. The Emergency Medical Services (EMS) Systems 25 Act is amended by adding Section 3.57 as follows: 26 (210 ILCS 50/3.57 new) 27 Sec. 3.57. Physician do-not-resuscitate orders. The 28 Department of Public Health Uniform DNR Order form or a copy 29 of that form shall be honored under this Act. HB2276 Engrossed -3- LRB9206477DJtm 1 Section 20. The Hospital Licensing Act is amended by 2 adding Section 6.19 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 Section 25. The Health Care Surrogate Act is amended by 16 adding Section 65 as follows: 17 (755 ILCS 40/65 new) 18 Sec. 65. Do-not-resuscitate orders. 19 (a) An individual of sound mind and having reached the 20 age of majority or having obtained the status of an 21 emancipated person pursuant to the Emancipation of Mature 22 Minors Act may execute a document (consistent with the 23 Department of Public Health Uniform DNR Order Form) directing 24 that resuscitating efforts shall not be implemented. Such an 25 order may also be executed by an attending physician. 26 (b) Consent to a DNR order may be obtained from the 27 individual, or from another person at the individual's 28 direction, or from the individual's legal guardian, agent 29 under a power of attorney for health care, or surrogate 30 decision maker, and witnessed by 2 individuals 18 years of 31 age or older. HB2276 Engrossed -4- LRB9206477DJtm 1 (c) The DNR order may, but need not, be in the form 2 adopted by the Department of Public Health pursuant to 3 Section 2310-600 of the Department of Public Health Powers 4 and Duties Law (20 ILCS 2310/2310-600). 5 (d) A health care professional or health care provider 6 may presume, in the absence of knowledge to the contrary, 7 that a completed Department of Public Health Uniform DNR 8 Order form or a copy of that form is a valid DNR order. A 9 health care professional or health care provider, or an 10 employee of a health care professional or health care 11 provider, who in good faith complies with a 12 do-not-resuscitate order made in accordance with this Act is 13 not, as a result of that compliance, subject to any criminal 14 or civil liability, except for willful and wanton 15 misconduct, and may not be found to have committed an act of 16 unprofessional conduct. 17 Section 99. Effective date. This Act takes effect on 18 October 1, 2001.