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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Department of Public Health Powers and
5		Duties Law of the Civil Administrative Code of Illinois is
6		amended by changing Section 2310-600 as follows:
7		(20 ILCS 2310/2310-600)
8		Sec. 2310-600. Advance directive information.
9		(a) The Department of Public Health shall prepare and
10		publish the summary of advance directives law, as required by
11		the federal Patient Self-Determination Act, and related forms.
12		Publication may be limited to the World Wide Web. The summary
13		required under this subsection (a) must include the Department
14		of Public Health Uniform POLST DNR/POLST form.
15		(b) The Department of Public Health shall publish Spanish
16		language versions of the following:
17		(1) The statutory Living Will Declaration form.
18		(2) The Illinois Statutory Short Form Power of Attorney
19		for Health Care.
20		(3) The statutory Declaration of Mental Health
21		Treatment Form.
22		(4) The summary of advance directives law in Illinois.
23		(5) The Department of Public Health Uniform POLST

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1		DNR/POLST form.
2		Publication may be limited to the World Wide Web.
3		(b-5) In consultation with a statewide professional
4		organization representing physicians licensed to practice
5		medicine in all its branches, statewide organizations
6		representing nursing homes, registered professional nurses,
7		and emergency medical systems, and a statewide organization
8		representing hospitals, the Department of Public Health shall
9		develop and publish a uniform form for practitioner
10		cardiopulmonary resuscitation (CPR) or life-sustaining
11		treatment orders that may be utilized in all settings. The form
12		shall meet the published minimum requirements to nationally be
13		considered a practitioner orders for life-sustaining treatment
14		form, or POLST, and may be referred to as the Department of
15		Public Health Uniform POLST DNR/POLST form. This form does not
16		replace a physician's or other practitioner's authority to make
17		a do-not-resuscitate (DNR) order.
18		(c) (Blank).
19		(d) The Department of Public Health shall publish the
20		Department of Public Health Uniform POLST DNR/POLST form
21		reflecting the changes made by this amendatory Act of the 98th
22		General Assembly no later than January 1, 2015.
23		(Source: P.A. 97-382, eff. 1-1-12; 98-1110, eff. 8-26-14.)
24		Section 10. The Nursing Home Care Act is amended by
25		changing Section 2-104.2 as follows:

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1		(210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)
2		Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of
3		Public Health Uniform POLST DNR/POLST form.
4		(a) Every facility licensed under this Act shall establish
5		a policy for the implementation of practitioner orders
6		concerning cardiopulmonary resuscitation (CPR) or
7		life-sustaining treatment including, but not limited to,
8		"Do-Not-Resuscitate" orders. This policy may only prescribe
9		the format, method of documentation and duration of any
10		practitioner orders. Any orders under this policy shall be
11		honored by the facility. The Department of Public Health
12		Uniform POLST DNR/POLST form under Section 2310-600 of the
13		Department of Public Health Powers and Duties Law of the Civil
14		Administrative Code of Illinois, or a copy of that form or a
15		previous version of the uniform form, shall be honored by the
16		facility.
17		(b) Within 30 days after admission, new residents who do
18		not have a guardian of the person or an executed power of
19		attorney for health care shall be provided with written notice,
20		in a form and manner provided by rule of the Department, of
21		their right to provide the name of one or more potential health
22		care surrogates that a treating physician should consider in
23		selecting a surrogate to act on the resident's behalf should
24		the resident lose decision-making capacity. The notice shall
25		include a form of declaration that may be utilized by the

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1		resident to identify potential health care surrogates or by the
2		facility to document any inability or refusal to make such a
3		declaration. A signed copy of the resident's declaration of a
4		potential health care surrogate or decision to decline to make
5		such a declaration, or documentation by the facility of the
6		resident's inability to make such a declaration, shall be
7		placed in the resident's clinical record and shall satisfy the
8		facility's obligation under this Section. Such a declaration
9		shall be used only for informational purposes in the selection
10		of a surrogate pursuant to the Health Care Surrogate Act. A
11		facility that complies with this Section is not liable to any
12		healthcare provider, resident, or resident's representative or
13		any other person relating to the identification or selection of
14		a surrogate or potential health care surrogate.
15		(Source: P.A. 98-1110, eff. 8-26-14.)
16		Section 15. The ID/DD Community Care Act is amended by
17		changing Section 2-104.2 as follows:
18		(210 ILCS 47/2-104.2)
19		Sec. 2-104.2. Do Not Resuscitate Orders. Every facility
20		licensed under this Act shall establish a policy for the
21		implementation of physician orders limiting resuscitation such
22		as those commonly referred to as "Do Not Resuscitate" orders.
23		This policy may only prescribe the format, method of
24		documentation and duration of any physician orders limiting

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1		resuscitation. Any orders under this policy shall be honored by
2		the facility. The Department of Public Health Uniform POLST
3		DNR/POLST form or a copy of that form or a previous version of
4		the uniform form shall be honored by the facility.
5		(Source: P.A. 98-1110, eff. 8-26-14.)
6		Section 20. The Emergency Medical Services (EMS) Systems
7		Act is amended by changing Section 3.57 as follows:
8		(210 ILCS 50/3.57)
9		Sec. 3.57. Physician do-not-resuscitate orders and
10		Department of Public Health Uniform POLST DNR/POLST form. The
11		Department of Public Health Uniform POLST DNR/POLST form
12		described in Section 2310-600 of the Department of Public
13		Health Powers and Duties Law of the Civil Administrative Code
14		of Illinois, or a copy of that form or a previous version of
15		the uniform form, shall be honored under this Act.
16		(Source: P.A. 98-1110, eff. 8-26-14.)
17		Section 25. The Hospital Licensing Act is amended by
18		changing Section 6.19 as follows:
19		(210 ILCS 85/6.19)
20		Sec. 6.19. Do-not-resuscitate orders and Department of
21		Public Health Uniform POLST DNR/POLST form. Every facility
22		licensed under this Act shall establish a policy for the

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1		implementation of practitioner orders concerning
2		cardiopulmonary resuscitation (CPR) or life-sustaining
3		treatment including, but not limited to, "do-not-resuscitate"
4		orders. This policy may prescribe only the format, method of
5		documentation, and duration of any practitioner orders. The
6		policy may include forms to be used. Any orders issued under
7		the policy shall be honored by the facility. The Department of
8		Public Health Uniform POLST DNR/POLST form described in Section
9		2310-600 of the Department of Public Health Powers and Duties
10		Law of the Civil Administrative Code of Illinois, or a copy of
11		that form or a previous version of the uniform form, shall be
12		honored under any policy established under this Section.
13		(Source: P.A. 98-1110, eff. 8-26-14.)
14		Section 30. The Health Care Surrogate Act is amended by
15		changing Section 65 as follows:
16		(755 ILCS 40/65)
17		Sec. 65. Department of Public Health Uniform POLST
18		DNR/POLST form.
19		(a) An individual of sound mind and having reached the age
20		of majority or having obtained the status of an emancipated
21		person pursuant to the Emancipation of Minors Act may execute a
22		document (consistent with the Department of Public Health
23		Uniform POLST DNR/POLST form described in Section 2310-600 of
24		the Department of Public Health Powers and Duties Law of the

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1		Civil Administrative Code of Illinois) directing that
2		resuscitating efforts shall not be implemented. Such a document
3		may also be executed by an attending health care practitioner.
4		If more than one practitioner shares that responsibility, any
5		of the attending health care practitioners may act under this
6		Section. Notwithstanding the existence of a do-not-resuscitate
7		(DNR) order or Department of Public Health Uniform POLST
8		DNR/POLST form, appropriate organ donation treatment may be
9		applied or continued temporarily in the event of the patient's
10		death, in accordance with subsection (g) of Section 20 of this
11		Act, if the patient is an organ donor.
12		(a-5) Execution of a Department of Public Health Uniform
13		POLST DNR/POLST form is voluntary; no person can be required to
14		execute either form. A person who has executed a Department of
15		Public Health Uniform POLST DNR/POLST form should review the
16		form annually and when the person's condition changes.
17		(b) Consent to a Department of Public Health Uniform POLST
18		DNR/POLST form may be obtained from the individual, or from
19		another person at the individual's direction, or from the
20		individual's legal guardian, agent under a power of attorney
21		for health care, or surrogate decision maker, and witnessed by
22		one individual 18 years of age or older, who attests that the
23		individual, other person, guardian, agent, or surrogate (1) has
24		had an opportunity to read the form; and (2) has signed the
25		form or acknowledged his or her signature or mark on the form
26		in the witness's presence.

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1		(b-5) As used in this Section, "attending health care
2		practitioner" means an individual who (1) is an Illinois
3		licensed physician, advanced practice nurse, physician
4		assistant, or licensed resident after completion of one year in
5		a program; (2) is selected by or assigned to the patient; and
6		(3) has primary responsibility for treatment and care of the
7		patient. "POLST" means practitioner orders for life-sustaining
8		treatments.
9		(c) Nothing in this Section shall be construed to affect
10		the ability of an individual to include instructions in an
11		advance directive, such as a power of attorney for health care.
12		The uniform form may, but need not, be in the form adopted by
13		the Department of Public Health pursuant to Section 2310-600 of
14		the Department of Public Health Powers and Duties Law (20 ILCS
15		2310/2310-600).
16		(d) A health care professional or health care provider may
17		presume, in the absence of knowledge to the contrary, that a
18		completed Department of Public Health Uniform POLST DNR/POLST
19		form, or a copy of that form or a previous version of the
20		uniform form, is valid. A health care professional or health
21		care provider, or an employee of a health care professional or
22		health care provider, who in good faith complies with a
23		cardiopulmonary resuscitation (CPR) or life-sustaining
24		treatment order, Department of Public Health Uniform POLST
25		DNR/POLST form, or a previous version of the uniform form made
26		in accordance with this Act is not, as a result of that

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1		compliance, subject to any criminal or civil liability, except
2		for willful and wanton misconduct, and may not be found to have
3		committed an act of unprofessional conduct.
4		(e) Nothing in this Section or this amendatory Act of the
5		94th General Assembly or this amendatory Act of the 98th
6		General Assembly shall be construed to affect the ability of a
7		physician or other practitioner to make a do-not-resuscitate
8		order.
9		(Source: P.A. 98-1110, eff. 8-26-14.)