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| Public Act 099-0319 | ||||
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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 Department of Public Health Powers and | ||||
Duties Law of the
Civil Administrative Code of Illinois is | ||||
amended by changing Section 2310-600 as follows:
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(20 ILCS 2310/2310-600)
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Sec. 2310-600. Advance directive information.
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(a) The Department of Public Health shall prepare and | ||||
publish the summary of
advance directives law, as required by | ||||
the federal Patient
Self-Determination Act, and related forms. | ||||
Publication may be limited to the World Wide Web. The summary | ||||
required under this subsection (a) must include the Department | ||||
of Public Health Uniform POLST DNR/POLST form.
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(b) The Department of Public Health shall publish
Spanish | ||||
language
versions of the following:
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(1) The statutory Living Will Declaration form.
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(2) The Illinois Statutory Short Form Power of Attorney | ||||
for Health Care.
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(3) The statutory Declaration of Mental Health | ||||
Treatment Form.
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(4) The summary of advance directives law in Illinois.
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(5) The Department of Public Health Uniform POLST | ||||
DNR/POLST form.
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Publication may be limited to the World Wide Web.
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(b-5) In consultation with a statewide professional | ||
organization
representing
physicians licensed to practice | ||
medicine in all its branches, statewide
organizations | ||
representing nursing homes, registered professional nurses, | ||
and emergency medical systems, and a statewide
organization
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representing hospitals, the Department of Public Health shall | ||
develop and
publish a uniform
form for practitioner | ||
cardiopulmonary resuscitation (CPR) or life-sustaining | ||
treatment orders that may be utilized in all
settings. The form | ||
shall meet the published minimum requirements to nationally be | ||
considered a practitioner orders for life-sustaining treatment | ||
form, or POLST, and
may be referred to as the Department of | ||
Public Health Uniform POLST DNR/POLST form. This form does not | ||
replace a physician's or other practitioner's authority to make | ||
a do-not-resuscitate (DNR) order.
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(c) (Blank). | ||
(d) The Department of Public Health shall publish the | ||
Department of Public Health Uniform POLST DNR/POLST form | ||
reflecting the changes made by this amendatory Act of the 98th | ||
General Assembly no later than January 1, 2015.
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(Source: P.A. 97-382, eff. 1-1-12; 98-1110, eff. 8-26-14.)
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Section 10. The Nursing Home Care Act is amended by | ||
changing 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 and Department of | ||
Public Health Uniform POLST DNR/POLST form. | ||
(a) Every facility licensed under
this Act shall establish | ||
a policy for the implementation of practitioner
orders | ||
concerning cardiopulmonary resuscitation (CPR) or | ||
life-sustaining treatment including, but not limited to,
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"Do-Not-Resuscitate" orders. This policy may only prescribe | ||
the format,
method of documentation and duration of any | ||
practitioner orders. Any orders under this policy shall be | ||
honored by the facility.
The Department of Public Health | ||
Uniform POLST DNR/POLST form under Section 2310-600 of the | ||
Department of Public Health Powers and Duties Law of the
Civil | ||
Administrative Code of Illinois, or a copy of that form or a | ||
previous version of the uniform form,
shall be
honored by the | ||
facility.
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(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. 98-1110, eff. 8-26-14.)
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Section 15. The ID/DD Community Care Act is amended by | ||
changing Section 2-104.2 as follows: | ||
(210 ILCS 47/2-104.2)
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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 POLST | ||
DNR/POLST form or a copy of that form or a previous version of | ||
the uniform form shall be honored by the facility.
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(Source: P.A. 98-1110, eff. 8-26-14.) | ||
Section 20. The Emergency Medical Services (EMS) Systems | ||
Act is amended by changing Section 3.57 as follows:
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(210 ILCS 50/3.57)
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Sec. 3.57. Physician do-not-resuscitate orders and | ||
Department of Public Health Uniform POLST DNR/POLST form. The | ||
Department of Public
Health
Uniform POLST DNR/POLST form | ||
described in Section 2310-600 of the Department of Public | ||
Health Powers and Duties Law of the
Civil Administrative Code | ||
of Illinois, or a copy of that form or a previous version of | ||
the uniform form, shall be honored under this
Act.
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(Source: P.A. 98-1110, eff. 8-26-14.)
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Section 25. The Hospital Licensing Act is amended by | ||
changing Section 6.19 as follows:
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(210 ILCS 85/6.19)
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Sec. 6.19. Do-not-resuscitate orders and Department of | ||
Public Health Uniform POLST DNR/POLST form. Every facility | ||
licensed under this
Act shall establish a policy for the | ||
implementation of practitioner orders
concerning | ||
cardiopulmonary resuscitation (CPR) or life-sustaining | ||
treatment including, but not limited to,
"do-not-resuscitate" | ||
orders. This policy may prescribe only the format,
method of | ||
documentation, and duration of any practitioner orders. 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 POLST DNR/POLST form described in Section | ||
2310-600 of the Department of Public Health Powers and Duties | ||
Law of the
Civil Administrative Code of Illinois, or a copy of | ||
that form or a previous version of the uniform form, shall be | ||
honored under any
policy established under this Section.
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(Source: P.A. 98-1110, eff. 8-26-14.)
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Section 30. The Health Care Surrogate Act is amended by | ||
changing Section 65 as follows: | ||
(755 ILCS 40/65)
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Sec. 65. Department of Public Health Uniform POLST | ||
DNR/POLST form.
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(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
Minors Act may execute a | ||
document (consistent with the Department of Public
Health | ||
Uniform POLST DNR/POLST form described in Section 2310-600 of | ||
the Department of Public Health Powers and Duties Law of the
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Civil Administrative Code of Illinois) directing that
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resuscitating efforts shall not be implemented. Such a document | ||
may also
be executed by an attending health care practitioner. | ||
If more than one practitioner shares that responsibility, any | ||
of the attending health care practitioners may act under this | ||
Section. Notwithstanding the existence of a do-not-resuscitate | ||
(DNR)
order or Department of Public Health Uniform POLST | ||
DNR/POLST form, appropriate organ donation treatment may be | ||
applied or continued
temporarily in the event of the patient's | ||
death, in accordance with subsection
(g) of Section 20 of this | ||
Act, if the patient is an organ donor.
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(a-5) Execution of a Department of Public Health Uniform | ||
POLST DNR/POLST form is voluntary; no person can be required to | ||
execute either form. A person who has executed a Department of | ||
Public Health Uniform POLST DNR/POLST form should review the | ||
form annually and when the person's condition changes. | ||
(b) Consent to a Department of Public Health Uniform POLST | ||
DNR/POLST form may be obtained from the individual, or from
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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 | ||
one individual 18 years of age or older, who attests that the | ||
individual, other person, guardian, agent, or surrogate (1) has | ||
had an opportunity to read the form; and (2) has signed the | ||
form or acknowledged his or her signature or mark on the form | ||
in the witness's presence.
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(b-5) As used in this Section, "attending health care | ||
practitioner" means an individual who (1) is an Illinois | ||
licensed physician, advanced practice nurse, physician | ||
assistant, or licensed resident after completion of one year in | ||
a program; (2) is selected by or assigned to the patient; and | ||
(3) has primary responsibility for treatment and care of the | ||
patient. "POLST" means practitioner orders for life-sustaining | ||
treatments. | ||
(c) Nothing in this Section shall be construed to affect | ||
the ability of an individual to include instructions in an | ||
advance directive, such as a power of attorney for health care. | ||
The uniform form 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).
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(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 POLST DNR/POLST | ||
form,
or a copy of that form or a previous version of the | ||
uniform form, is valid. A health care professional or
health
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care provider, or an employee of a health care professional or | ||
health care
provider, who in
good faith complies
with a | ||
cardiopulmonary resuscitation (CPR) or life-sustaining | ||
treatment order, Department of Public Health Uniform POLST | ||
DNR/POLST form, or a previous version of the uniform form 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. | ||
(e) Nothing in this Section or this amendatory Act of the | ||
94th General Assembly or this amendatory Act of the 98th | ||
General Assembly shall be construed to affect the ability of a | ||
physician or other practitioner to make a do-not-resuscitate | ||
order.
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(Source: P.A. 98-1110, eff. 8-26-14.)
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