Bill Text: IL HB5275 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Nursing Home Care Act. Makes a technical change in a Section concerning medical treatment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-03 - Referred to Rules Committee [HB5275 Detail]
Download: Illinois-2009-HB5275-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by changing | |||||||||||||||||||
5 | Section 2-104 as follows:
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6 | (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
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7 | Sec. 2-104.
(a) A resident shall be permitted to retain the
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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
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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 committee appointed by the |
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1 | administrator of
the facility where such research and treatment | ||||||
2 | is conducted. The
membership, operating procedures and review | ||||||
3 | criteria for institutional
review committees shall be | ||||||
4 | prescribed under rules and regulations of the
Department. | ||||||
5 | (b) All medical treatment and procedures shall be | ||||||
6 | administered as
ordered by a physician. All new physician | ||||||
7 | orders shall be reviewed by the
facility's director of nursing | ||||||
8 | or charge nurse designee within 24 hours
after such orders have | ||||||
9 | been issued to assure facility compliance with such orders.
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10 | According to rules adopted by the Department, every woman | ||||||
11 | resident of
child-bearing age shall receive routine | ||||||
12 | obstetrical and gynecological
evaluations as well as necessary | ||||||
13 | prenatal care.
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14 | (c) Every resident shall be permitted to refuse medical | ||||||
15 | treatment
and to know the consequences of such action, unless | ||||||
16 | such refusal would
be harmful to the health and safety of | ||||||
17 | others and such harm is
documented by a physician in the | ||||||
18 | resident's clinical record. The
resident's refusal shall free | ||||||
19 | the facility from the obligation to
provide the treatment.
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20 | (d) Every resident, resident's guardian, or parent if the | ||||||
21 | resident
is a minor shall be permitted to inspect and copy all | ||||||
22 | his clinical and
other records concerning his care and | ||||||
23 | maintenance kept by the facility
or by his physician. The | ||||||
24 | facility may charge a reasonable fee for
duplication of a | ||||||
25 | record.
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26 | (Source: P.A. 86-1013.)
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