Public Act 104-0051
 
HB1712 EnrolledLRB104 05046 BDA 15074 b

    AN ACT concerning State government.
 
    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 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
    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 physician assistants, advanced practice
registered nurses, 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
form. An electronic version of the Uniform POLST form under
this Act may be created, signed, or revoked electronically
using a generic, technology-neutral system in which each user
is assigned a unique identifier that is securely maintained
and in a manner that meets the regulatory requirements for a
digital or electronic signature. Compliance with the standards
defined in the Uniform Electronic Transactions Act or the
implementing rules of the Hospital Licensing Act for medical
record entry authentication for author validation of the
documentation, content accuracy, and completeness meets this
standard. This form does not replace a physician's or other
practitioner's authority to make a do-not-resuscitate (DNR)
order.
    (b-10) In consultation with a statewide professional
organization representing physicians licensed to practice
medicine in all its branches, statewide organizations
representing physician assistants, advanced practice
registered nurses, nursing homes, registered professional
nurses, and emergency medical systems, a statewide bar
association, a national bar association with an Illinois
chapter that concentrates in elder and disability law, a
not-for-profit organ procurement organization that coordinates
organ and tissue donation, a statewide committee or group
responsible for stakeholder education about POLST issues, and
a statewide organization representing hospitals, the
Department of Public Health shall study the feasibility of
creating a statewide registry of advance directives and POLST
forms. The registry would allow residents of this State to
submit the forms and for the forms to be made available to
health care providers and professionals in a timely manner for
the provision of care or services. This study must be filed
with the General Assembly on or before January 1, 2021.
    (b-15) The Department of Public Health shall approve
training resources to support informed decisions and accurate
completion of the Department of Public Health Uniform POLST
form. The Department of Public Health shall post approved
POLST training material to the Department of Public Health's
website. The Department of Public Health shall establish a
simple, efficient, and effective process to make available
yearly training to support informed decisions and accurate
completion of the Department of Public Health Uniform POLST
form for personnel employed by or contracted with facilities
licensed and classified to provide intermediate care or
skilled nursing care under the Nursing Home Care Act and other
health care providers that use the Department of Public Health
Uniform POLST form.
    (c) (Blank).
    (d) The Department of Public Health shall publish the
Department of Public Health Uniform POLST form reflecting the
changes made by this amendatory Act of the 98th General
Assembly no later than January 1, 2015.
(Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21.)