Illinois General Assembly - Full Text of Public Act 096-0492
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Public Act 096-0492


 

Public Act 0492 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0492
 
SB2258 Enrolled LRB096 04251 AJO 14297 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Health Care Surrogate Act is amended by
changing Sections 15 and 25 as follows:
 
    (755 ILCS 40/15)  (from Ch. 110 1/2, par. 851-15)
    Sec. 15. Applicability. This Act applies to patients who
lack decisional capacity or who have a qualifying condition.
This Act does not apply to instances in which the patient has
an operative and unrevoked living will under the Illinois
Living Will Act, an operative and unrevoked declaration for
mental health treatment under the Mental Health Treatment
Preferences Declaration Act, or an authorized agent under a
power of attorney for health care under the Illinois Power of
Attorney Act and the patient's condition falls within the
coverage of the living will, the declaration for mental health
treatment, or the power of attorney for health care. In those
instances, the living will, declaration for mental health
treatment, or power of attorney for health care, as the case
may be, shall be given effect according to its terms. This Act
does apply in circumstances in which a patient has a qualifying
condition but the patient's condition does not fall within the
coverage of the living will, the declaration for mental health
treatment, or the power of attorney for health care.
    Each health care facility shall maintain any advance
directives proffered by the patient or other authorized person,
including a do not resuscitate order, a living will, a
declaration for mental health treatment, or a power of attorney
for health care, in the patient's medical records for the
duration of the patient's stay. This Act does apply to patients
without a qualifying condition. If a patient is an adult with
decisional capacity, then the right to refuse medical treatment
or life-sustaining treatment does not require the presence of a
qualifying condition.
(Source: P.A. 90-246, eff. 1-1-98.)
 
    (755 ILCS 40/25)  (from Ch. 110 1/2, par. 851-25)
    Sec. 25. Surrogate decision making.
    (a) When a patient lacks decisional capacity, the health
care provider must make a reasonable inquiry as to the
availability and authority of a health care agent under the
Powers of Attorney for Health Care Law. When no health care
agent is authorized and available, the health care provider
must make a reasonable inquiry as to the availability of
possible surrogates listed in items (1) through (4) of this
subsection. For purposes of this Section, a reasonable inquiry
includes, but is not limited to, identifying a member of the
patient's family or other health care agent by examining the
patient's personal effects or medical records. If a family
member or other health care agent is identified, an attempt to
contact that person by telephone must be made within 24 hours
after a determination by the provider that the patient lacks
decisional capacity. No person shall be liable for civil
damages or subject to professional discipline based on a claim
of violating a patient's right to confidentiality as a result
of making a reasonable inquiry as to the availability of a
patient's family member or health care agent, except for
willful or wanton misconduct.
    The surrogate decision makers, as identified by the
attending physician, are then authorized to make decisions as
follows: (i) for patients who lack decisional capacity and do
not have a qualifying condition, medical treatment decisions
may be made in accordance with subsection (b-5) of Section 20;
and (ii) for patients who lack decisional capacity and have a
qualifying condition, medical treatment decisions including
whether to forgo life-sustaining treatment on behalf of the
patient may be made without court order or judicial involvement
in the following order of priority:
        (1) the patient's guardian of the person;
        (2) the patient's spouse;
        (3) any adult son or daughter of the patient;
        (4) either parent of the patient;
        (5) any adult brother or sister of the patient;
        (6) any adult grandchild of the patient;
        (7) a close friend of the patient;
        (8) the patient's guardian of the estate.
    The health care provider shall have the right to rely on
any of the above surrogates if the provider believes after
reasonable inquiry that neither a health care agent under the
Powers of Attorney for Health Care Law nor a surrogate of
higher priority is available.
    Where there are multiple surrogate decision makers at the
same priority level in the hierarchy, it shall be the
responsibility of those surrogates to make reasonable efforts
to reach a consensus as to their decision on behalf of the
patient regarding the forgoing of life-sustaining treatment.
If 2 or more surrogates who are in the same category and have
equal priority indicate to the attending physician that they
disagree about the health care matter at issue, a majority of
the available persons in that category (or the parent with
custodial rights) shall control, unless the minority (or the
parent without custodial rights) initiates guardianship
proceedings in accordance with the Probate Act of 1975. No
health care provider or other person is required to seek
appointment of a guardian.
    (b) After a surrogate has been identified, the name,
address, telephone number, and relationship of that person to
the patient shall be recorded in the patient's medical record.
    (c) Any surrogate who becomes unavailable for any reason
may be replaced by applying the provisions of Section 25 in the
same manner as for the initial choice of surrogate.
    (d) In the event an individual of a higher priority to an
identified surrogate becomes available and willing to be the
surrogate, the individual with higher priority may be
identified as the surrogate. In the event an individual in a
higher, a lower, or the same priority level or a health care
provider seeks to challenge the priority of or the
life-sustaining treatment decision of the recognized surrogate
decision maker, the challenging party may initiate
guardianship proceedings in accordance with the Probate Act of
1975.
    (e) The surrogate decision maker shall have the same right
as the patient to receive medical information and medical
records and to consent to disclosure.
    (f) Any surrogate shall have the authority to make
decisions for the patient until removed by the patient who no
longer lacks decisional capacity, appointment of a guardian of
the person, or the patient's death.
(Source: P.A. 92-364, eff. 8-15-01.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2009