Bill Text: IL HB3645 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Medical Practice Act of 1987. Provides for the licensure of naturopathic physicians. Makes conforming changes in various other Acts. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3645 Detail]
Download: Illinois-2013-HB3645-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3645
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2 | AMENDMENT NO. ______. Amend House Bill 3645 as follows:
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3 | on page 8, immediately below line 26, by inserting the | ||||||
4 | following:
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5 | "Section 12. The Nursing Home Care Act is amended by | ||||||
6 | changing Section 2-104 as follows:
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7 | "(210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
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8 | Sec. 2-104.
(a) A resident shall be permitted to retain the | ||||||
9 | services
of his own personal physician at his own expense or | ||||||
10 | under an individual or
group plan of health insurance, or under | ||||||
11 | any public or private
assistance program providing such | ||||||
12 | coverage. However, the facility is
not liable for the | ||||||
13 | negligence of any such personal physician. If a resident | ||||||
14 | retains the services of a naturopathic physician as his | ||||||
15 | personal physician, the resident's care must be overseen by a |
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1 | physician licensed to practice medicine in all of its branches | ||||||
2 | in accordance with a written agreement between the physicians. | ||||||
3 | The Department shall adopt rules setting forth the minimum | ||||||
4 | requirements for such an agreement. Every
resident shall be | ||||||
5 | permitted to obtain from his own physician or the
physician | ||||||
6 | attached to the facility complete and current information
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7 | concerning his medical diagnosis, treatment and prognosis in | ||||||
8 | terms and
language the resident can reasonably be expected to | ||||||
9 | understand. Every
resident shall be permitted to participate in | ||||||
10 | the planning of his total
care and medical treatment to the | ||||||
11 | extent that his condition permits. No
resident shall be | ||||||
12 | subjected to experimental research or treatment
without first | ||||||
13 | obtaining his informed, written consent. The conduct of
any | ||||||
14 | experimental research or treatment shall be authorized and | ||||||
15 | monitored
by an institutional review board appointed by the | ||||||
16 | Director. The
membership, operating procedures and review | ||||||
17 | criteria for the institutional
review board shall be prescribed | ||||||
18 | under rules and regulations of the
Department and shall comply | ||||||
19 | with the requirements for institutional review boards | ||||||
20 | established by the federal Food and Drug Administration. No | ||||||
21 | person who has received compensation in the prior 3 years from | ||||||
22 | an entity that manufactures, distributes, or sells | ||||||
23 | pharmaceuticals, biologics, or medical devices may serve on the | ||||||
24 | institutional review board. | ||||||
25 | The institutional review board may approve only research or | ||||||
26 | treatment that meets the standards of the federal Food and Drug |
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1 | Administration with respect to (i) the protection of human | ||||||
2 | subjects and (ii) financial disclosure by clinical | ||||||
3 | investigators. The Office of State Long Term Care Ombudsman and | ||||||
4 | the State Protection and Advocacy organization shall be given | ||||||
5 | an opportunity to comment on any request for approval before | ||||||
6 | the board makes a decision. Those entities shall not be | ||||||
7 | provided information that would allow a potential human subject | ||||||
8 | to be individually identified, unless the board asks the | ||||||
9 | Ombudsman for help in securing information from or about the | ||||||
10 | resident. The board shall require frequent reporting of the | ||||||
11 | progress of the approved research or treatment and its impact | ||||||
12 | on residents, including immediate reporting of any adverse | ||||||
13 | impact to the resident, the resident's representative, the | ||||||
14 | Office of the State Long Term Care Ombudsman, and the State | ||||||
15 | Protection and Advocacy organization. The board may not approve | ||||||
16 | any retrospective study of the records of any resident about | ||||||
17 | the safety or efficacy of any care or treatment if the resident | ||||||
18 | was under the care of the proposed researcher or a business | ||||||
19 | associate when the care or treatment was given, unless the | ||||||
20 | study is under the control of a researcher without any business | ||||||
21 | relationship to any person or entity who could benefit from the | ||||||
22 | findings of the study. | ||||||
23 | No facility shall permit experimental research or | ||||||
24 | treatment to be conducted on a resident, or give access to any | ||||||
25 | person or person's records for a retrospective study about the | ||||||
26 | safety or efficacy of any care or treatment, without the prior |
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1 | written approval of the institutional review board. No nursing | ||||||
2 | home administrator, or person licensed by the State to provide | ||||||
3 | medical care or treatment to any person, may assist or | ||||||
4 | participate in any experimental research on or treatment of a | ||||||
5 | resident, including a retrospective study, that does not have | ||||||
6 | the prior written approval of the board. Such conduct shall be | ||||||
7 | grounds for professional discipline by the Department of | ||||||
8 | Financial and
Professional Regulation. | ||||||
9 | The institutional review board may exempt from ongoing | ||||||
10 | review research or treatment initiated on a resident before the | ||||||
11 | individual's admission to a facility and for which the board | ||||||
12 | determines there is adequate ongoing oversight by another | ||||||
13 | institutional review board. Nothing in this Section shall | ||||||
14 | prevent a facility, any facility employee, or any other person | ||||||
15 | from assisting or participating in any experimental research on | ||||||
16 | or treatment of a resident, if the research or treatment began | ||||||
17 | before the person's admission to a facility, until the board | ||||||
18 | has reviewed the research or treatment and decided to grant or | ||||||
19 | deny approval or to exempt the research or treatment from | ||||||
20 | ongoing review.
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21 | (b) All medical treatment and procedures shall be | ||||||
22 | administered as
ordered by a physician. All new physician | ||||||
23 | orders shall be reviewed by the
facility's director of nursing | ||||||
24 | or charge nurse designee within 24 hours
after such orders have | ||||||
25 | been issued to assure facility compliance with such orders.
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26 | All physician's orders and plans of treatment shall have |
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1 | the authentication of the physician. For the purposes of this | ||||||
2 | subsection (b), "authentication" means an original written | ||||||
3 | signature or an electronic signature system that allows for the | ||||||
4 | verification of a signer's credentials. A stamp signature, with | ||||||
5 | or without initials, is not sufficient. | ||||||
6 | According to rules adopted by the Department, every woman | ||||||
7 | resident of
child-bearing age shall receive routine | ||||||
8 | obstetrical and gynecological
evaluations as well as necessary | ||||||
9 | prenatal care.
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10 | (c) Every resident shall be permitted to refuse medical | ||||||
11 | treatment
and to know the consequences of such action, unless | ||||||
12 | such refusal would
be harmful to the health and safety of | ||||||
13 | others and such harm is
documented by a physician in the | ||||||
14 | resident's clinical record. The
resident's refusal shall free | ||||||
15 | the facility from the obligation to
provide the treatment.
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16 | (d) Every resident, resident's guardian, or parent if the | ||||||
17 | resident
is a minor shall be permitted to inspect and copy all | ||||||
18 | his clinical and
other records concerning his care and | ||||||
19 | maintenance kept by the facility
or by his physician. The | ||||||
20 | facility may charge a reasonable fee for
duplication of a | ||||||
21 | record.
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22 | (Source: P.A. 96-1372, eff. 7-29-10; 97-179, eff. 1-1-12.)".
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