Illinois-2017-HB1331-Introduced

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB1331

Introduced , by Rep. Michael J. Madigan

SYNOPSIS AS INTRODUCED:

210 ILCS 45/2-104 from Ch. 111 1/2, par. 4152-104

Amends the Nursing Home Care Act. Makes a technical change in a

Section
concerning medical treatment.

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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,

3 represented in the General Assembly:

4 Section 5. The Nursing Home Care Act is amended by changing

5 Section 2-104 as follows:

6 (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)

7 Sec. 2-104. (a) A resident shall be permitted to retain the

8 ~~the~~services of his own personal physician at his own expense

9 or under an individual or group plan of health insurance, or

10 under any public or private assistance program providing such

11 coverage. However, the facility is not liable for the

12 negligence of any such personal physician. Every resident shall

13 be permitted to obtain from his own physician or the physician

14 attached to the facility complete and current information

15 concerning his medical diagnosis, treatment and prognosis in

16 terms and language the resident can reasonably be expected to

17 understand. Every resident shall be permitted to participate in

18 the planning of his total care and medical treatment to the

19 extent that his condition permits. No resident shall be

20 subjected to experimental research or treatment without first

21 obtaining his informed, written consent. The conduct of any

22 experimental research or treatment shall be authorized and

23 monitored by an institutional review board appointed by the

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1 Director. The membership, operating procedures and review

2 criteria for the institutional review board shall be prescribed

3 under rules and regulations of the Department and shall comply

4 with the requirements for institutional review boards

5 established by the federal Food and Drug Administration. No

6 person who has received compensation in the prior 3 years from

7 an entity that manufactures, distributes, or sells

8 pharmaceuticals, biologics, or medical devices may serve on the

9 institutional review board.

10 The institutional review board may approve only research or

11 treatment that meets the standards of the federal Food and Drug

12 Administration with respect to (i) the protection of human

13 subjects and (ii) financial disclosure by clinical

14 investigators. The Office of State Long Term Care Ombudsman and

15 the State Protection and Advocacy organization shall be given

16 an opportunity to comment on any request for approval before

17 the board makes a decision. Those entities shall not be

18 provided information that would allow a potential human subject

19 to be individually identified, unless the board asks the

20 Ombudsman for help in securing information from or about the

21 resident. The board shall require frequent reporting of the

22 progress of the approved research or treatment and its impact

23 on residents, including immediate reporting of any adverse

24 impact to the resident, the resident's representative, the

25 Office of the State Long Term Care Ombudsman, and the State

26 Protection and Advocacy organization. The board may not approve

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1 any retrospective study of the records of any resident about

2 the safety or efficacy of any care or treatment if the resident

3 was under the care of the proposed researcher or a business

4 associate when the care or treatment was given, unless the

5 study is under the control of a researcher without any business

6 relationship to any person or entity who could benefit from the

7 findings of the study.

8 No facility shall permit experimental research or

9 treatment to be conducted on a resident, or give access to any

10 person or person's records for a retrospective study about the

11 safety or efficacy of any care or treatment, without the prior

12 written approval of the institutional review board. No nursing

13 home administrator, or person licensed by the State to provide

14 medical care or treatment to any person, may assist or

15 participate in any experimental research on or treatment of a

16 resident, including a retrospective study, that does not have

17 the prior written approval of the board. Such conduct shall be

18 grounds for professional discipline by the Department of

19 Financial and Professional Regulation.

20 The institutional review board may exempt from ongoing

21 review research or treatment initiated on a resident before the

22 individual's admission to a facility and for which the board

23 determines there is adequate ongoing oversight by another

24 institutional review board. Nothing in this Section shall

25 prevent a facility, any facility employee, or any other person

26 from assisting or participating in any experimental research on

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1 or treatment of a resident, if the research or treatment began

2 before the person's admission to a facility, until the board

3 has reviewed the research or treatment and decided to grant or

4 deny approval or to exempt the research or treatment from

5 ongoing review.

6 The institutional review board requirements of this

7 subsection (a) do not apply to investigational drugs,

8 biological products, or devices used by a resident with a

9 terminal illness as set forth in the Right to Try Act.

10 (b) All medical treatment and procedures shall be

11 administered as ordered by a physician. All new physician

12 orders shall be reviewed by the facility's director of nursing

13 or charge nurse designee within 24 hours after such orders have

14 been issued to assure facility compliance with such orders.

15 All physician's orders and plans of treatment shall have

16 the authentication of the physician. For the purposes of this

17 subsection (b), "authentication" means an original written

18 signature or an electronic signature system that allows for the

19 verification of a signer's credentials. A stamp signature, with

20 or without initials, is not sufficient.

21 According to rules adopted by the Department, every woman

22 resident of child-bearing age shall receive routine

23 obstetrical and gynecological evaluations as well as necessary

24 prenatal care.

25 (c) Every resident shall be permitted to refuse medical

26 treatment and to know the consequences of such action, unless

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1 such refusal would be harmful to the health and safety of

2 others and such harm is documented by a physician in the

3 resident's clinical record. The resident's refusal shall free

4 the facility from the obligation to provide the treatment.

5 (d) Every resident, resident's guardian, or parent if the

6 resident is a minor shall be permitted to inspect and copy all

7 his clinical and other records concerning his care and

8 maintenance kept by the facility or by his physician. The

9 facility may charge a reasonable fee for duplication of a

10 record.

11 (Source: P.A. 99-270, eff. 1-1-16.)