98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0563
 
Introduced 1/25/2013, by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 
  
210 ILCS 45/2-104.2  from Ch. 111 1/2, par. 4152-104.2

    Amends the Nursing Home Care Act.  Makes a technical change in a Section
concerning do-not-resuscitate orders.



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A BILL FOR
 


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1    AN ACT concerning regulation.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Nursing Home Care Act is amended by changing 
5Section 2-104.2 as follows:
 



6    (210 ILCS 45/2-104.2)  (from Ch. 111 1/2, par. 4152-104.2)



7    Sec. 2-104.2. Do-Not-Resuscitate Orders. 
8    (a) Every facility licensed under
this Act shall establish 
9a policy for the
the implementation of physician
orders 
10limiting resuscitation such as those commonly referred to as

11"Do-Not-Resuscitate" orders. This policy may only prescribe 
12the format,
method of documentation and duration of any 
13physician orders limiting
resuscitation. Any orders under this 
14policy shall be honored by the facility.
The Department of 
15Public Health Uniform DNR Advance Directive or a copy of that 
16Advance Directive

shall be
honored by the facility.
17    (b)  Within 30 days after admission, new residents who do 
18not have a guardian of the person or an executed power of 
19attorney for health care shall be provided with written notice, 
20in a form and manner provided by rule of the Department, of 
21their right to provide the name of one or more potential health 
22care surrogates that a treating physician should consider in 
23selecting a surrogate to act on the resident's behalf should 
 
 
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1the resident lose decision-making capacity.  The notice shall 
2include a form of declaration that may be utilized by the 
3resident to identify potential health care surrogates or by the 
4facility to document any inability or refusal to make such a 
5declaration.  A signed copy of the resident's declaration of a 
6potential health care surrogate or decision to decline to make 
7such a declaration, or documentation by the facility of the 
8resident's inability to make such a declaration, shall be 
9placed in the resident's clinical record and shall satisfy the 
10facility's obligation under this Section.  Such a declaration 
11shall be used only for informational purposes in the selection 
12of a surrogate pursuant to the Health Care Surrogate Act. A 
13facility that complies with this Section is not liable to any 
14healthcare provider, resident, or resident's representative or 
15any other person relating to the identification or selection of 
16a surrogate or potential health care surrogate. 
17(Source: P.A. 96-448, eff. 1-1-10.)