SB2644 EngrossedLRB103 34708 JDS 64555 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Secretary of State Act is amended by adding 
5Section 34 as follows:
 
6    (15 ILCS 305/34 new)
7    Sec. 34. Advance Directive Registry. 
8    (a) By January 1, 2027, the Secretary of State shall 
9establish an electronic registry, to be known as the Advance 
10Directive Registry, through which residents of the State of 
11Illinois may deposit, with the Secretary of State, a completed 
12Department of Public Health Uniform Practitioner Order for 
13Life-Sustaining Treatment (POLST) form. In calendar year 2026, 
14the Secretary of State shall, in good faith, promote the 
15Advance Directive Registry throughout the State by 
16disseminating information about the Advance Directive Registry 
17in the form and manner prescribed by the Secretary of State.
18    (b) Information in the Advance Directive Registry shall be 
19made available electronically to hospitals licensed under the 
20Hospital Licensing Act and hospitals organized under the 
21University of Illinois Hospital Act, and those hospitals may 
22rely on information obtained from the Advance Directive 
23Registry as an accurate copy of the documents filed with the 
 
 
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1Advance Directive Registry.
2    (c) Nothing in this Section shall limit the right to amend 
3or revoke a Department of Public Health Uniform POLST form 
4previously filed with the Advance Directive Registry.
5    (d) The Secretary of State shall adopt any rules necessary 
6to implement this amendatory Act of the 103rd General 
7Assembly, and the Secretary of State shall also provide on the 
8Secretary of State's website information regarding use of the 
9Advance Directive Registry.
10    (e) In the absence of gross negligence or willful 
11misconduct, the Secretary of State and employees of the 
12Secretary of State are immune from any civil or criminal 
13liability in connection with the creation and maintenance of 
14the Advance Directive Registry described in this Section.
15    (f) A person who knowingly submits a document to the 
16Advance Directive Registry without authorization or assists in 
17such submission shall be guilty of a Class A misdemeanor.
18    (g) Nothing in this Section requires a health care 
19professional or health care provider, including a hospital 
20licensed under the Hospital Licensing Act and a hospital 
21organized under the University of Illinois Hospital Act, to 
22(i) inquire whether a patient has a Department of Public 
23Health Uniform POLST form registered on the Advance Directive 
24Registry or (ii) access or search the Advance Directive 
25Registry to determine whether a patient has registered a 
26Department of Public Health Uniform POLST form or the terms of 
 
 
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1the form. 
2    (h) A health care professional or health care provider, 
3including a hospital licensed under the Hospital Licensing Act 
4and a hospital organized under the University of Illinois 
5Hospital Act, is not subject to civil or criminal liability or 
6professional discipline for failure to access or search the 
7Advance Directive Registry. Notwithstanding any other 
8provision of this Section, a health care professional or 
9health care provider who relies in good faith on the 
10provisions of a Department of Public Health Uniform POLST form 
11retrieved from the Advance Directive Registry is immune from 
12criminal and civil liability as described in subsection (d) of 
13Section 65 of the Health Care Surrogate Act.