Public Act 099-0319

SB1466 Enrolled LRB099 09990 AMC 30210 b

AN ACT concerning regulation.

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, 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.

(b) The Department of Public Health shall 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) The Department of Public Health Uniform POLST

DNR/POLST form.

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, registered professional nurses,

and emergency medical systems, and a statewide organization

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.

(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.

(Source: P.A. 97-382, eff. 1-1-12; 98-1110, eff. 8-26-14.)

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 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,

"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.

(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.)

Section 15. The ID/DD Community Care Act is amended by

changing Section 2-104.2 as follows:

(210 ILCS 47/2-104.2)

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 POLST

DNR/POLST form or a copy of that form or a previous version of

the uniform form shall be honored by the facility.

(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:

(210 ILCS 50/3.57)

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.

(Source: P.A. 98-1110, eff. 8-26-14.)

Section 25. The Hospital Licensing Act is amended by

changing Section 6.19 as follows:

(210 ILCS 85/6.19)

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.

(Source: P.A. 98-1110, eff. 8-26-14.)

Section 30. The Health Care Surrogate Act is amended by

changing Section 65 as follows:

(755 ILCS 40/65)

Sec. 65. Department of Public Health Uniform POLST

DNR/POLST form.

(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

Civil Administrative Code of Illinois) directing that

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.

(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

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.

(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).

(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

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.

(Source: P.A. 98-1110, eff. 8-26-14.)