093_HB2095

 
                                     LRB093 02543 LCB 02553 b

 1        AN ACT concerning health care.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Health Care Surrogate Act is  amended  by
 5    changing Section 15 as follows:

 6        (755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
 7        Sec.  15.   Applicability.   This Act applies to patients
 8    who  lack  decisional  capacity  or  who  have  a  qualifying
 9    condition.  This Act does not apply to instances in which the
10    patient has an operative and unrevoked living will under  the
11    Illinois   Living   Will  Act,  an  operative  and  unrevoked
12    declaration for mental  health  treatment  under  the  Mental
13    Health   Treatment   Preferences   Declaration   Act,  or  an
14    authorized agent under a power of attorney  for  health  care
15    under  the  Illinois  Power of Attorney Act and the patient's
16    condition falls within the coverage of the living  will,  the
17    declaration  for  mental  health  treatment,  or the power of
18    attorney for health care.  In  those  instances,  the  living
19    will,  declaration  for  mental health treatment, or power of
20    attorney for health care, as the case may be, shall be  given
21    effect  according  to  its  terms.   This  Act  does apply in
22    circumstances in which a patient has a  qualifying  condition
23    but the patient's condition does not fall within the coverage
24    of  the  living  will,  the  declaration  for  mental  health
25    treatment, or the power of attorney for health care.
26        Each health care facility must shall maintain any advance
27    directives  proffered  by  the  patient  or  other authorized
28    person, including a do not resuscitate order, a living  will,
29    a  declaration  for  mental  health  treatment, or a power of
30    attorney for health care, in the  patient's  medical  records
31    for  the  duration of the patient's stay. This Act does apply
 
                            -2-      LRB093 02543 LCB 02553 b
 1    to patients without a qualifying condition.  If a patient  is
 2    an  adult  with decisional capacity, then the right to refuse
 3    medical  treatment  or  life-sustaining  treatment  does  not
 4    require the presence of a qualifying condition.
 5    (Source: P.A. 90-246, eff. 1-1-98.)