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Public Act 92-0356
HB2276 Enrolled LRB9206477DJtm
AN ACT in relation to health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-600 as follows:
(20 ILCS 2310/2310-600)
Sec. 2310-600. Advance directive information.
(a) The Department of Public Health shall prepare and
publish the summary of advance directives law in Illinois
that is required by the federal Patient Self-Determination
Act. Publication may be limited to the World Wide Web.
(b) The Department of Public Health shall adopt, by
rule, and publish Spanish language versions of the following:
(1) The statutory Living Will Declaration form.
(2) The Illinois Statutory Short Form Power of
Attorney for Health Care.
(3) The statutory Declaration of Mental Health
Treatment Form.
(4) The summary of advance directives law in
Illinois.
(5) Any statewide uniform Do Not Resuscitate forms.
Publication may be limited to the World Wide Web.
(b-5) In consultation with a statewide professional
organization representing physicians licensed to practice
medicine in all its branches, statewide organizations
representing nursing homes, and a statewide organization
representing hospitals, the Department of Public Health shall
develop and publish a uniform form for physician
do-not-resuscitate orders that may be utilized in all
settings. The form may be referred to as the Department of
Public Health Uniform DNR Order form.
(c) The Department of Public Health may contract with
statewide professional organizations representing physicians
licensed to practice medicine in all its branches health care
professionals to prepare and publish materials required by
this Section. The Department of Public Health may consult
with a statewide organization representing registered
professional nurses on preparing materials required by this
Section.
(Source: P.A. 91-789, eff. 1-1-01.)
Section 10. 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. 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
Order form or a copy of that form shall be honored by the
facility.
(Source: P.A. 87-567.)
Section 15. The Emergency Medical Services (EMS) Systems
Act is amended by adding Section 3.57 as follows:
(210 ILCS 50/3.57 new)
Sec. 3.57. Physician do-not-resuscitate orders. The
Department of Public Health Uniform DNR Order form or a copy
of that form shall be honored under this Act.
Section 20. The Hospital Licensing Act is amended by
adding Sections 6.19 and 6.20 as follows:
(210 ILCS 85/6.19 new)
Sec. 6.19. Do-not-resuscitate orders. Every facility
licensed under this Act shall establish a policy for the
implementation of physician orders limiting resuscitation,
such as those orders commonly referred to as
"do-not-resuscitate" orders. This policy may prescribe only
the format, method of documentation, and duration of any
physician orders limiting resuscitation. The policy may
include forms to be used. Any orders issued under the policy
shall be honored by the facility. The Department of Public
Health Uniform DNR Order form or a copy of that form shall be
honored under any policy established under this Section.
(210 ILCS 85/6.20 new)
Sec. 6.20. Use of restraints. Each hospital licensed
under this Act must have a written policy to address the use
of restraints and seclusion in the hospital. The Department
shall establish, by rule, the provisions that the policy must
include, which, to the extent practicable, should be
consistent with the requirements for participation in the
federal Medicare program. Each hospital policy shall
include periodic review of the use of restraints or seclusion
in the hospital.
In hospitals, restraints or seclusion may only be
ordered by (i) a physician licensed to practice medicine in
all its branches or (ii) a registered nurse with supervisory
responsibilities as authorized by the medical staff. The
medical staff of a hospital may adopt a policy specifying
the requirements for the use of restraints or seclusion and
identifying whether a registered nurse with supervisory
responsibilities may order restraints or seclusion in the
hospital when the patient's treating physician is not
available.
Registered nurses authorized to order restraints or
seclusion shall have appropriate training and experience as
determined by medical staff policy. The treating physician
shall be notified when restraints or seclusion are ordered by
a registered nurse. Nothing in this Section requires that a
medical staff authorize a registered nurse with supervisory
responsibilities to order restraints or seclusion.
Section 25. The Health Care Surrogate Act is amended by
adding Section 65 as follows:
(755 ILCS 40/65 new)
Sec. 65. Do-not-resuscitate orders.
(a) An individual of sound mind and having reached the
age of majority or having obtained the status of an
emancipated person pursuant to the Emancipation of Mature
Minors Act may execute a document (consistent with the
Department of Public Health Uniform DNR Order Form) directing
that resuscitating efforts shall not be implemented. Such an
order may also be executed by an attending physician.
(b) Consent to a DNR order may be obtained from the
individual, or from another person at the individual's
direction, or from the individual's legal guardian, agent
under a power of attorney for health care, or surrogate
decision maker, and witnessed by 2 individuals 18 years of
age or older.
(c) The DNR order may, but need not, be in the form
adopted by the Department of Public Health pursuant to
Section 2310-600 of the Department of Public Health Powers
and Duties Law (20 ILCS 2310/2310-600).
(d) A health care professional or health care provider
may presume, in the absence of knowledge to the contrary,
that a completed Department of Public Health Uniform DNR
Order form or a copy of that form is a valid DNR order. A
health care professional or health care provider, or an
employee of a health care professional or health care
provider, who in good faith complies with a
do-not-resuscitate order made in accordance with this Act is
not, as a result of that compliance, subject to any criminal
or civil liability, except for willful and wanton
misconduct, and may not be found to have committed an act of
unprofessional conduct.
Section 99. Effective date. This Act takes effect on
October 1, 2001.
Passed in the General Assembly May 23, 2001.
Approved August 15, 2001.
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