Bill Text: IL SB1466 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Pharmacy Practice Act. Allows a licensed pharmacist to dispense an opioid antagonist in accordance with written, standardized procedures or protocols developed by the Department of Financial and Professional Regulation, in consultation with the Department of Public Health, if such procedures or protocols are filed at the pharmacist's place of practice and with the Board of Pharmacy before implementation. Requires the pharmacist to complete a training program approved by the Department of Human Services under the Drug Overdose Prevention Program authorized under Alcoholism and Other Drug Abuse and Dependency Act. Defines "opioid antagonist". Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2015-08-07 - Public Act . . . . . . . . . 99-0319 [SB1466 Detail]

Download: Illinois-2015-SB1466-Enrolled.html

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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

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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:

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(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

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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

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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

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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

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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.

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(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

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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.)