Sen. Sara Feigenholtz
Filed: 4/14/2021
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1 | AMENDMENT TO SENATE BILL 109
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2 | AMENDMENT NO. ______. Amend Senate Bill 109 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Health Care Surrogate Act is amended by | ||||||
5 | changing Sections 10, 20, and 65 as follows:
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6 | (755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
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7 | Sec. 10. Definitions.
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8 | "Adult" means a person who is (i) 18 years of age or older | ||||||
9 | or (ii) an
emancipated minor under the Emancipation of
Minors | ||||||
10 | Act.
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11 | "Artificial nutrition and hydration" means supplying food | ||||||
12 | and water through a
conduit, such as a tube or intravenous | ||||||
13 | line, where the recipient is not
required to chew or swallow | ||||||
14 | voluntarily, including, but not limited to,
nasogastric tubes, | ||||||
15 | gastrostomies, jejunostomies, and
intravenous infusions. | ||||||
16 | Artificial nutrition and hydration does not include
assisted |
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1 | feeding, such as spoon or bottle feeding.
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2 | "Available" means that a person is not "unavailable". A | ||||||
3 | person is
unavailable if (i) the person's existence is not | ||||||
4 | known, (ii) the person has
not been able to be contacted by | ||||||
5 | telephone or mail, or (iii) the person
lacks decisional | ||||||
6 | capacity, refuses to accept the office of surrogate, or is
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7 | unwilling to respond in a manner that indicates a choice among | ||||||
8 | the
treatment matters at issue.
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9 | "Attending physician" means the physician selected by or
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10 | assigned to the patient who has primary responsibility for
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11 | treatment and care of the patient and who is a licensed | ||||||
12 | physician
in Illinois. If more than one physician shares that
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13 | responsibility, any of those physicians may act as the | ||||||
14 | attending
physician under this Act.
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15 | "Close friend" means any person 18 years of age or older | ||||||
16 | who
has exhibited special care and concern for the patient and | ||||||
17 | who
presents an affidavit to the attending physician stating | ||||||
18 | that he or
she (i) is a close friend of the patient, (ii) is | ||||||
19 | willing and able to become
involved in the patient's health | ||||||
20 | care, and (iii) has maintained such
regular contact with the | ||||||
21 | patient as to be familiar with the
patient's activities, | ||||||
22 | health, and religious and moral beliefs. The
affidavit must | ||||||
23 | also state facts and circumstances that demonstrate that
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24 | familiarity.
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25 | "Death" means when, according to accepted medical | ||||||
26 | standards,
there is (i) an irreversible cessation of |
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1 | circulatory and
respiratory functions or (ii) an irreversible | ||||||
2 | cessation of all
functions of the entire brain, including the | ||||||
3 | brain stem.
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4 | "Decisional capacity" means the ability to understand and
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5 | appreciate the nature and consequences of a decision regarding
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6 | medical treatment or
forgoing life-sustaining treatment and | ||||||
7 | the ability to reach and
communicate an informed decision in | ||||||
8 | the matter as determined by the
attending physician.
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9 | "Forgo life-sustaining treatment" means to withhold,
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10 | withdraw, or terminate all or any portion of life-sustaining
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11 | treatment with knowledge that the patient's death is likely to
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12 | result.
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13 | "Guardian" means a court appointed guardian of the person | ||||||
14 | who
serves as a representative of a minor or as a | ||||||
15 | representative of a
person under legal disability.
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16 | "Health care facility" means a type of health care | ||||||
17 | provider
commonly known by a wide variety of titles, including | ||||||
18 | but not
limited to, hospitals, medical centers, nursing homes,
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19 | rehabilitation centers, long term or tertiary care facilities, | ||||||
20 | and
other facilities established to administer health care and | ||||||
21 | provide
overnight stays in their ordinary course of business | ||||||
22 | or practice.
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23 | "Health care provider" means a person that is licensed,
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24 | certified, or otherwise authorized or permitted by the law of | ||||||
25 | this
State to administer health care in the ordinary course of | ||||||
26 | business
or practice of a profession, including, but not |
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1 | limited to,
physicians, nurses, health care facilities, and | ||||||
2 | any employee,
officer, director, agent, or person under | ||||||
3 | contract with such a
person.
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4 | "Imminent" (as in "death is imminent") means a | ||||||
5 | determination
made by the attending physician according to | ||||||
6 | accepted medical
standards that death will occur in a | ||||||
7 | relatively short period of
time, even if life-sustaining | ||||||
8 | treatment is initiated or continued.
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9 | "Life-sustaining treatment" means any medical treatment,
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10 | procedure, or intervention that, in the judgment of the | ||||||
11 | attending
physician, when applied to a patient with a | ||||||
12 | qualifying condition,
would not be effective to remove the | ||||||
13 | qualifying condition
or would serve only to prolong the dying | ||||||
14 | process. Those
procedures can include, but are not limited to, | ||||||
15 | assisted
ventilation, renal dialysis, surgical procedures, | ||||||
16 | blood
transfusions, and the administration of drugs, | ||||||
17 | antibiotics, and
artificial nutrition and hydration.
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18 | "Minor" means an individual who is not an adult as defined | ||||||
19 | in
this Act.
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20 | "Parent" means a person who is the natural or adoptive | ||||||
21 | mother
or father of the child and whose parental rights have | ||||||
22 | not been
terminated by a court of law.
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23 | "Patient" means an adult or minor individual, unless | ||||||
24 | otherwise
specified, under the care or treatment of a licensed | ||||||
25 | physician or
other health care provider.
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26 | "Person" means an individual, a corporation, a business |
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1 | trust,
a trust, a partnership, an association, a government, a
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2 | governmental subdivision or agency, or any other legal entity.
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3 | "Qualifying condition" means the existence of one or more | ||||||
4 | of
the following conditions in a patient certified in writing | ||||||
5 | in the
patient's medical record by the attending physician and | ||||||
6 | by at least
one other qualified health care practitioner | ||||||
7 | physician :
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8 | (1) "Terminal condition" means an illness or injury | ||||||
9 | for
which there is no reasonable prospect of cure or | ||||||
10 | recovery,
death is imminent, and the application of | ||||||
11 | life-sustaining
treatment would only prolong the dying | ||||||
12 | process.
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13 | (2) "Permanent unconsciousness" means a condition | ||||||
14 | that,
to a high degree of medical certainty, (i) will last
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15 | permanently, without improvement, (ii) in which
thought, | ||||||
16 | sensation, purposeful action, social interaction, and
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17 | awareness of self and environment are absent, and (iii) | ||||||
18 | for
which initiating or continuing life-sustaining | ||||||
19 | treatment, in
light of the patient's medical condition, | ||||||
20 | provides only
minimal medical benefit.
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21 | (3) "Incurable or irreversible condition" means an
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22 | illness or injury (i) for which there is no reasonable
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23 | prospect of cure or recovery, (ii) that ultimately will | ||||||
24 | cause
the patient's death even if life-sustaining | ||||||
25 | treatment is
initiated or continued, (iii) that imposes | ||||||
26 | severe pain or
otherwise imposes an inhumane burden on the |
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1 | patient, and (iv)
for which initiating or continuing | ||||||
2 | life-sustaining treatment,
in light of the patient's | ||||||
3 | medical condition, provides only
minimal medical benefit.
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4 | The determination that a patient has a qualifying | ||||||
5 | condition creates
no presumption regarding the application or | ||||||
6 | non-application of life-sustaining
treatment. It is only after | ||||||
7 | a determination by the attending physician that the patient | ||||||
8 | has a qualifying condition that the
surrogate decision maker | ||||||
9 | may consider whether or not to forgo
life-sustaining | ||||||
10 | treatment. In making this decision, the surrogate
shall weigh | ||||||
11 | the burdens on the patient of initiating or continuing
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12 | life-sustaining treatment against the benefits of that | ||||||
13 | treatment.
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14 | "Qualified health care practitioner" means an individual
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15 | who has personally examined the patient and who is an Illinois
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16 | licensed physician, advanced practice registered nurse,
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17 | physician assistant, or resident with at least one year of
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18 | graduate or specialty training in this State who holds an
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19 | Illinois temporary license to practice medicine and is | ||||||
20 | enrolled
in a residency program accredited by the Liaison | ||||||
21 | Committee on
Graduate Medical Education or the Bureau of | ||||||
22 | Professional
Education of the American Osteopathic | ||||||
23 | Association. | ||||||
24 | "Physician" means a physician licensed to practice | ||||||
25 | medicine in all its branches in this State. | ||||||
26 | "Qualified physician" means a physician licensed to |
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1 | practice
medicine in all of its branches in Illinois who has | ||||||
2 | personally
examined the patient.
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3 | "Surrogate decision maker" means an adult individual or
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4 | individuals who (i) have decisional capacity, (ii) are | ||||||
5 | available
upon reasonable inquiry, (iii) are willing to make | ||||||
6 | medical treatment
decisions on behalf of
a patient who lacks | ||||||
7 | decisional capacity, and (iv) are identified by
the attending | ||||||
8 | physician in accordance with the provisions of this
Act as the | ||||||
9 | person or persons who are to make those decisions in
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10 | accordance with the provisions of this Act.
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11 | (Source: P.A. 95-331, eff. 8-21-07.)
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12 | (755 ILCS 40/20) (from Ch. 110 1/2, par. 851-20)
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13 | Sec. 20. Private decision making process.
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14 | (a) Decisions whether to forgo life-sustaining or any | ||||||
15 | other
form of medical treatment involving an adult patient | ||||||
16 | with
decisional capacity may be made by that adult patient.
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17 | (b) Decisions whether to forgo life-sustaining treatment | ||||||
18 | on
behalf of a patient without decisional capacity are lawful, | ||||||
19 | without
resort to the courts or legal process, if the patient | ||||||
20 | has a
qualifying condition and if the decisions are made in | ||||||
21 | accordance
with one of the following paragraphs in this | ||||||
22 | subsection and
otherwise meet the requirements of this Act:
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23 | (1) Decisions whether to forgo life-sustaining
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24 | treatment on behalf of a minor or an adult patient who | ||||||
25 | lacks
decisional capacity may be made by a surrogate |
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1 | decision maker
or makers in consultation with the | ||||||
2 | attending physician, in the
order or priority provided in | ||||||
3 | Section 25. A surrogate decision
maker shall make | ||||||
4 | decisions for the adult patient conforming as
closely as | ||||||
5 | possible to what the patient would have done or
intended | ||||||
6 | under the circumstances, taking into account evidence
that | ||||||
7 | includes, but is not limited to, the patient's personal,
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8 | philosophical, religious and moral beliefs and ethical | ||||||
9 | values
relative to the purpose of life, sickness, medical | ||||||
10 | procedures,
suffering, and death. Where possible, the | ||||||
11 | surrogate shall
determine how the patient would have | ||||||
12 | weighed the burdens and
benefits of initiating or | ||||||
13 | continuing life-sustaining treatment
against the burdens | ||||||
14 | and benefits of that treatment. In the
event an unrevoked | ||||||
15 | advance directive, such as a living will, a declaration
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16 | for mental health treatment, or
a power of attorney for | ||||||
17 | health care, is no longer valid due to
a technical | ||||||
18 | deficiency or is not applicable to the patient's
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19 | condition, that document may be used as evidence of a
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20 | patient's wishes. The absence of a living will, | ||||||
21 | declaration for mental
health treatment, or power of
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22 | attorney for health care shall not give rise to any
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23 | presumption as to the patient's preferences regarding the
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24 | initiation or continuation of life-sustaining procedures. | ||||||
25 | If
the adult patient's wishes are unknown and remain | ||||||
26 | unknown
after reasonable efforts to discern them or if the |
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1 | patient is
a minor, the decision shall be made on the basis | ||||||
2 | of the
patient's best interests as determined by the | ||||||
3 | surrogate
decision maker. In determining the patient's | ||||||
4 | best interests,
the surrogate shall weigh the burdens on | ||||||
5 | and benefits to the
patient of initiating or continuing | ||||||
6 | life-sustaining treatment
against the burdens and benefits | ||||||
7 | of that treatment and shall
take into account any other | ||||||
8 | information, including the views of
family and friends, | ||||||
9 | that the surrogate decision maker believes
the patient | ||||||
10 | would have considered if able to act for herself
or | ||||||
11 | himself.
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12 | (2) Decisions whether to forgo life-sustaining
| ||||||
13 | treatment on behalf of a minor or an adult patient who | ||||||
14 | lacks decisional
capacity, but without any surrogate | ||||||
15 | decision maker or guardian being
available determined | ||||||
16 | after reasonable inquiry by the health
care provider, may | ||||||
17 | be made by a court appointed guardian.
A court appointed | ||||||
18 | guardian shall be treated as a surrogate for the
purposes | ||||||
19 | of this Act.
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20 | (b-5) Decisions concerning medical treatment on behalf of | ||||||
21 | a patient
without decisional capacity are lawful, without | ||||||
22 | resort to the courts or legal
process, if the patient does not | ||||||
23 | have a qualifying condition and if decisions
are made in | ||||||
24 | accordance with one of the following paragraphs in this | ||||||
25 | subsection
and otherwise meet the requirements of this Act:
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26 | (1) Decisions concerning medical treatment on behalf |
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1 | of a minor or adult
patient who lacks decisional capacity | ||||||
2 | may be made by a surrogate decision maker
or makers in | ||||||
3 | consultation with the attending physician, in the order of
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4 | priority provided in Section 25 with the exception that | ||||||
5 | decisions to forgo
life-sustaining treatment may be made | ||||||
6 | only when a patient has a qualifying
condition. A | ||||||
7 | surrogate decision maker shall make decisions for the | ||||||
8 | patient
conforming as closely as possible to what the | ||||||
9 | patient would have done or
intended under the | ||||||
10 | circumstances, taking into account evidence that includes,
| ||||||
11 | but is not limited to, the patient's personal, | ||||||
12 | philosophical, religious, and
moral beliefs and ethical | ||||||
13 | values relative to the purpose of life, sickness,
medical | ||||||
14 | procedures, suffering, and death. In the event an | ||||||
15 | unrevoked advance
directive, such as a living will, a | ||||||
16 | declaration for mental health treatment, or
a power of | ||||||
17 | attorney for health care, is no longer valid due to a | ||||||
18 | technical
deficiency or is not applicable to the patient's | ||||||
19 | condition, that document may
be used as evidence of a | ||||||
20 | patient's wishes. The absence of a living will,
| ||||||
21 | declaration for mental health treatment, or power of | ||||||
22 | attorney for health care
shall not give rise to any | ||||||
23 | presumption as to the patient's preferences
regarding any | ||||||
24 | process. If the adult patient's wishes are unknown and | ||||||
25 | remain
unknown after reasonable efforts to discern them or | ||||||
26 | if the patient is a minor,
the decision shall be made on |
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1 | the basis of the patient's best interests as
determined by | ||||||
2 | the surrogate decision maker. In determining the patient's | ||||||
3 | best
interests, the surrogate shall weigh the burdens on | ||||||
4 | and benefits to the patient
of the treatment against the | ||||||
5 | burdens and benefits of that treatment and shall
take into | ||||||
6 | account any other information, including the views of | ||||||
7 | family and
friends, that the surrogate decision maker | ||||||
8 | believes the patient would have
considered if able to act | ||||||
9 | for herself or himself.
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10 | (2) Decisions concerning medical treatment on behalf | ||||||
11 | of a minor or adult
patient who lacks decisional capacity, | ||||||
12 | but without any surrogate decision maker
or guardian being | ||||||
13 | available as determined after reasonable inquiry by the
| ||||||
14 | health care provider, may be made by a court appointed | ||||||
15 | guardian. A court
appointed guardian shall be treated as a | ||||||
16 | surrogate for the purposes of this
Act.
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17 | (c) For the purposes of this Act, a patient or surrogate
| ||||||
18 | decision maker is presumed to have decisional capacity in the
| ||||||
19 | absence of actual notice to the contrary without regard to | ||||||
20 | advanced age.
With respect to a patient, a
diagnosis of mental | ||||||
21 | illness or an intellectual disability, of itself, is
not a bar | ||||||
22 | to a determination of decisional capacity. A
determination | ||||||
23 | that an adult patient lacks decisional capacity shall
be made | ||||||
24 | by the attending physician to a reasonable degree of
medical | ||||||
25 | certainty. The determination shall be in writing in the
| ||||||
26 | patient's medical record and shall set forth the attending |
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1 | physician's opinion regarding the cause, nature, and duration | ||||||
2 | of
the patient's lack of decisional capacity. Before | ||||||
3 | implementation
of a decision by a surrogate decision maker to | ||||||
4 | forgo
life-sustaining treatment, at least one other qualified | ||||||
5 | health care practitioner physician
must concur in the | ||||||
6 | determination that an adult patient lacks decisional
capacity. | ||||||
7 | The concurring determination shall be made in writing in
the | ||||||
8 | patient's medical record after personal examination of the
| ||||||
9 | patient. The attending physician shall inform the patient that | ||||||
10 | it
has been determined that the patient lacks decisional | ||||||
11 | capacity and
that a surrogate decision maker will be making | ||||||
12 | life-sustaining
treatment decisions on behalf of the patient. | ||||||
13 | Moreover, the
patient shall be informed of the identity of the | ||||||
14 | surrogate decision
maker and any decisions made by that | ||||||
15 | surrogate. If the person
identified as the surrogate decision | ||||||
16 | maker is not a court appointed
guardian and the patient | ||||||
17 | objects to the statutory surrogate
decision maker or any | ||||||
18 | decision made by that surrogate decision
maker, then the | ||||||
19 | provisions of this Act shall not apply.
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20 | (d) A surrogate decision maker acting on behalf of
the | ||||||
21 | patient shall express decisions to forgo life-sustaining
| ||||||
22 | treatment to the attending physician and one adult witness who | ||||||
23 | is
at least 18 years of age. This decision and the substance of | ||||||
24 | any
known discussion before making the decision shall be | ||||||
25 | documented by the
attending physician in the patient's medical | ||||||
26 | record and signed by
the witness.
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1 | (e) The existence of a qualifying condition shall be
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2 | documented in writing in the patient's medical record by the
| ||||||
3 | attending physician and shall include its cause and nature, if
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4 | known. The written concurrence of another qualified health | ||||||
5 | care practitioner physician is
also required.
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6 | (f) Once the provisions of this Act are complied with, the
| ||||||
7 | attending physician shall thereafter promptly implement the
| ||||||
8 | decision to forgo life-sustaining treatment on behalf of the
| ||||||
9 | patient unless he or she believes that the surrogate decision | ||||||
10 | maker
is not acting in accordance with his or her | ||||||
11 | responsibilities under
this Act, or is unable to do so for | ||||||
12 | reasons of conscience or other
personal views or beliefs.
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13 | (g) In the event of a patient's death as determined by a
| ||||||
14 | physician, all life-sustaining treatment and other medical | ||||||
15 | care is
to be terminated, unless the patient is an organ donor, | ||||||
16 | in which
case appropriate organ donation treatment may be | ||||||
17 | applied or continued
temporarily.
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18 | (h) A surrogate decision maker may execute a POLST | ||||||
19 | portable medical orders form to forgo life sustaining | ||||||
20 | treatment consistent with this Section.
| ||||||
21 | (Source: P.A. 97-227, eff. 1-1-12.)
| ||||||
22 | (755 ILCS 40/65)
| ||||||
23 | Sec. 65. Department of Public Health Uniform POLST form.
| ||||||
24 | (a) An individual of sound mind and having reached the age | ||||||
25 | of majority or
having
obtained the status of an emancipated |
| |||||||
| |||||||
1 | person pursuant to the Emancipation of
Minors Act may execute | ||||||
2 | a document (consistent with the Department of Public
Health | ||||||
3 | Uniform POLST form described in Section 2310-600 of the | ||||||
4 | Department of Public Health Powers and Duties Law of the
Civil | ||||||
5 | Administrative Code of Illinois) directing that
resuscitating | ||||||
6 | efforts shall not be implemented. This individual may also | ||||||
7 | revoke the document at will. Such a document may also
be | ||||||
8 | executed by a qualified an attending health care practitioner. | ||||||
9 | If more than one practitioner shares that responsibility for | ||||||
10 | the treatment and care of an individual , any of the qualified | ||||||
11 | attending health care practitioners may act under this | ||||||
12 | Section. Notwithstanding the existence of a do-not-resuscitate | ||||||
13 | (DNR)
order or Department of Public Health Uniform POLST form, | ||||||
14 | appropriate organ donation treatment may be applied or | ||||||
15 | continued
temporarily in the event of the patient's death, in | ||||||
16 | accordance with subsection
(g) of Section 20 of this Act, if | ||||||
17 | the patient is an organ donor.
| ||||||
18 | (a-5) Execution of a Department of Public Health Uniform | ||||||
19 | POLST form is voluntary; no person can be required to execute | ||||||
20 | the either form. Execution of a POLST form shall not be a
| ||||||
21 | requirement for admission to any facility or a precondition to
| ||||||
22 | the provision of services by any provider of health care
| ||||||
23 | services. A person who has executed a Department of Public | ||||||
24 | Health Uniform POLST form should review the form annually and | ||||||
25 | when the person's condition changes. | ||||||
26 | (b) Consent to a Department of Public Health Uniform POLST |
| |||||||
| |||||||
1 | form may be obtained from the individual, or from
another
| ||||||
2 | person at the individual's direction, or from the individual's | ||||||
3 | legal guardian,
agent under a
power of attorney for health | ||||||
4 | care, or surrogate decision maker , and witnessed
by one | ||||||
5 | individual 18 years of age or older, who attests that the | ||||||
6 | individual, other person, guardian, agent, or surrogate (1) | ||||||
7 | has had an opportunity to read the form; and (2) has signed the | ||||||
8 | form or acknowledged his or her signature or mark on the form | ||||||
9 | in the witness's presence .
| ||||||
10 | (b-5) As used in this Section : , | ||||||
11 | "attending health care practitioner" means an individual | ||||||
12 | who (1) is an Illinois licensed physician, advanced practice | ||||||
13 | registered nurse, physician assistant, or licensed resident | ||||||
14 | after completion of one year in a program; (2) is selected by | ||||||
15 | or assigned to the patient; and (3) has primary responsibility | ||||||
16 | for treatment and care of the patient. | ||||||
17 | "POLST" means practitioner orders for life-sustaining | ||||||
18 | treatments. | ||||||
19 | "POLST portable medical orders form" means a medical | ||||||
20 | orders form, including, but not limited to, a Medical Orders | ||||||
21 | for Scope of Treatment (MOST), Medical Orders for Life | ||||||
22 | Sustaining Treatment (MOLST), Physician Orders for Scope of | ||||||
23 | Treatment (POST), or Physician Orders for Life Sustaining | ||||||
24 | Treatment (POLST) form, that is formally authorized by a state | ||||||
25 | or territory within the United States. | ||||||
26 | (c) Nothing in this Section shall be construed to affect |
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| |||||||
1 | the ability of an individual to include instructions in an | ||||||
2 | advance directive, such as a power of attorney for health | ||||||
3 | care. The uniform form may, but need not, be in the form | ||||||
4 | adopted by the
Department
of
Public Health pursuant to Section | ||||||
5 | 2310-600 of the Department of Public Health
Powers and
Duties | ||||||
6 | Law (20 ILCS 2310/2310-600).
Except as otherwise provided by | ||||||
7 | law, emergency medical service personnel, a health care | ||||||
8 | provider, or a health care facility shall comply with a | ||||||
9 | Department of Public Health Uniform POLST form, National POLST | ||||||
10 | form, another state's POLST portable medical orders form, or | ||||||
11 | an out-of-hospital Do Not Resuscitate (DNR) order sanctioned | ||||||
12 | by a state in the United States that: (i) has been executed by | ||||||
13 | an adult; and (ii) is apparent and immediately available.
| ||||||
14 | (d) A health care professional or health care provider may | ||||||
15 | presume, in the
absence
of knowledge to the contrary, that a | ||||||
16 | completed Department of Public Health
Uniform POLST form , | ||||||
17 | National POLST form, another state's POLST portable medical | ||||||
18 | orders form, or an out-of-hospital Do Not Resuscitate (DNR) | ||||||
19 | order sanctioned by a state in the United States executed by an | ||||||
20 | adult ,
or a copy of that form or a previous version of the | ||||||
21 | uniform form, is valid. A health care professional or
health
| ||||||
22 | care provider, or an employee of a health care professional or | ||||||
23 | health care
provider, who in
good faith complies
with a | ||||||
24 | cardiopulmonary resuscitation (CPR) or life-sustaining | ||||||
25 | treatment order, Department of Public Health Uniform POLST | ||||||
26 | form, or a previous version of the uniform form made in |
| |||||||
| |||||||
1 | accordance with this Act is not,
as a result of that | ||||||
2 | compliance, subject to any criminal or civil liability,
except | ||||||
3 | for willful and wanton misconduct, and
may not be found to have | ||||||
4 | committed an act of unprofessional conduct. | ||||||
5 | (d-5) Before voiding or revoking a Department of Public
| ||||||
6 | Health Uniform POLST form, National POLST form, or another
| ||||||
7 | state's POLST portable medical orders form executed by the | ||||||
8 | individual, that individual's legally authorized
surrogate | ||||||
9 | decision maker shall first: (1) engage in
consultation with a | ||||||
10 | qualified health care practitioner; (2)
consult the patient's | ||||||
11 | advance directive, if available; and (3)
make a good faith | ||||||
12 | effort to act consistently, at all times,
with the patient's | ||||||
13 | known wishes, using substituted judgment as
the standard. If | ||||||
14 | the patient's wishes are unknown and remain
unknown after | ||||||
15 | reasonable efforts to discern them, the decision
shall be made | ||||||
16 | on the basis of the patient's best interests as
determined by | ||||||
17 | the surrogate decision maker. A qualified
health care | ||||||
18 | practitioner shall document the reasons for this
action in the | ||||||
19 | patient's medical record. This process does not apply to an | ||||||
20 | individual wanting to revoke his or her own POLST form. | ||||||
21 | (e) Nothing in this Section or this amendatory Act of the | ||||||
22 | 94th General Assembly or this amendatory Act of the 98th | ||||||
23 | General Assembly shall be construed to affect the ability of a | ||||||
24 | physician or other practitioner to make a do-not-resuscitate | ||||||
25 | order.
| ||||||
26 | (Source: P.A. 99-319, eff. 1-1-16; 100-513, eff. 1-1-18 .)".
|