|
|
||||
| Public Act 096-0448 |
||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Nursing Home Care Act is amended by changing | ||||
Section 2-104.2 as follows:
| ||||
(210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
| ||||
Sec. 2-104.2. Do-Not-Resuscitate Orders. | ||||
(a) Every facility licensed under
this Act shall establish | ||||
a policy for the implementation of physician
orders limiting | ||||
resuscitation such as those commonly referred to as
| ||||
"Do-Not-Resuscitate" orders. This policy may only prescribe | ||||
the format,
method of documentation and duration of any | ||||
physician orders limiting
resuscitation. Any orders under this | ||||
policy shall be honored by the facility.
The Department of | ||||
Public Health Uniform DNR Advance Directive or a copy of that | ||||
Advance Directive
shall be
honored by the facility.
| ||||
(b) Within 30 days after admission, new residents who do | ||||
not have a guardian of the person or an executed power of | ||||
attorney for health care shall be provided with written notice, | ||||
in a form and manner provided by rule of the Department, of | ||||
their right to provide the name of one or more potential health | ||||
care surrogates that a treating physician should consider in | ||||
selecting a surrogate to act on the resident's behalf should | ||||
the resident lose decision-making capacity. The notice shall | ||
include a form of declaration that may be utilized by the | ||
resident to identify potential health care surrogates or by the | ||
facility to document any inability or refusal to make such a | ||
declaration. A signed copy of the resident's declaration of a | ||
potential health care surrogate or decision to decline to make | ||
such a declaration, or documentation by the facility of the | ||
resident's inability to make such a declaration, shall be | ||
placed in the resident's clinical record and shall satisfy the | ||
facility's obligation under this Section. Such a declaration | ||
shall be used only for informational purposes in the selection | ||
of a surrogate pursuant to the Health Care Surrogate Act. A | ||
facility that complies with this Section is not liable to any | ||
healthcare provider, resident, or resident's representative or | ||
any other person relating to the identification or selection of | ||
a surrogate or potential health care surrogate. | ||
(Source: P.A. 94-865, eff. 6-16-06.)
| ||
Section 10. The Health Care Surrogate Act is amended by | ||
changing Section 15 as follows:
| ||
(755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
| ||
Sec. 15. Applicability. This Act applies to patients who | ||
lack
decisional capacity
or who have a qualifying condition. | ||
This Act does not
apply to instances in which the patient has | ||
an operative and unrevoked
living will under the Illinois | ||
Living Will Act, an operative and unrevoked
declaration for | ||
mental health treatment under the Mental Health Treatment
| ||
Preferences Declaration Act, or an authorized agent under
a | ||
power of attorney for health care under the Illinois Power of | ||
Attorney
Act and the patient's condition falls within the | ||
coverage of the living
will, the declaration for mental health | ||
treatment, or the power of attorney
for health care. In those | ||
instances, the
living will, declaration for mental health | ||
treatment, or power of
attorney for health care, as the case | ||
may be, shall
be given effect according to its terms. This Act | ||
does apply in
circumstances in which a patient has a qualifying | ||
condition but the
patient's condition does not fall within the | ||
coverage of the living will, the
declaration for mental health | ||
treatment, or
the power of attorney for health care.
| ||
Each health care facility shall maintain any advance
| ||
directives proffered by the patient or other authorized person,
| ||
including a do not resuscitate order, a living will, a | ||
declaration for mental
health treatment, a declaration of a | ||
potential surrogate or surrogates should the person become | ||
incapacitated or impaired, or a
power of attorney for health | ||
care, in the patient's medical records for the
duration of the | ||
patient's stay. This Act does apply to patients without
a | ||
qualifying condition. If a patient is an adult with
decisional
| ||
capacity, then the right to refuse medical treatment
or | ||
life-sustaining
treatment does
not require the presence of a | ||
qualifying condition.
| ||
(Source: P.A. 90-246, eff. 1-1-98.)
| ||