Rep. Daniel J. Burke
Filed: 4/12/2005
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 2149




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    AMENDMENT NO. ______. Amend House Bill 2149 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Living Will Act is amended  by 
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changing Sections 3 and 7 as follows:
 



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    (755 ILCS 35/3)  (from Ch. 110 1/2, par. 703)



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    Sec. 3. Execution of a Document. 

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    (a) An individual of sound mind and
having reached the age 
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of majority or having obtained the status of an
emancipated 
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person pursuant to the "Emancipation of Mature Minors
Act", as 
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now or hereafter amended, may execute a document directing that 
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if
he is suffering from a terminal condition, then death 
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delaying procedures shall
not be utilized for the prolongation 
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of his life.

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    (b) The declaration must be signed by the declarant, or 
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another at the
declarant's direction, and witnessed by 2 
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individuals 18 years of age or
older.

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    (c) The declaration of a qualified patient diagnosed as 
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pregnant by the
attending physician shall be given no force and 
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effect
as long as in the opinion of the attending physician it 
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is possible that
the fetus could develop to the point of live 
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birth with the continued
application of death delaying 
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procedures.

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    (d) If the patient is able, it shall be the responsibility 
 


 






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of the
patient to provide for notification
to his or her 
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attending physician of the existence of a
declaration, to 
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provide the declaration to the physician and to ask the

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attending physician whether he or she is willing to comply with 
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its provisions.
An attending physician who is so notified shall 
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make the declaration, or
copy of the declaration, a part of the 
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patient's
medical records.  If the physician is at any time 
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unwilling to comply
with its provisions, the physician shall 
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promptly so advise the declarant.
If the physician is unwilling 
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to comply with its provisions and the patient
is able, it is 
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the patient's responsibility to initiate the transfer to

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another physician of the patient's choosing.  If the physician 
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is unwilling
to comply with its provisions and the patient is 
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at any time not able to
initiate the transfer, then the 
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attending physician
shall without delay notify the person with 
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the highest priority, as set
forth in this subsection, who is 
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available, able, and willing to make
arrangements for the 
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transfer of the patient and the appropriate medical
records to 
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another physician for the effectuation of the patient's

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declaration.  The order of priority is as follows: (1) any 
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person authorized
in writing by the patient to make such 
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arrangements, (2) a surrogate decision maker, as provided in 
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Section 25 of the Health Care Surrogate Act, and (3) a guardian 
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of the person of
the patient, without the necessity of 
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obtaining a court order to do so, and
(3) any member of the 
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patient's family.

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    (e) The declaration may, but need not, be in the following 
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form, and
in addition may include other specific directions.  
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Should any specific
direction be determined to be invalid, such 
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invalidity shall not affect
other directions of the declaration 
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which can be given effect without the
invalid direction, and to 
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this end the directions in the declaration are
severable.

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DECLARATION


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    This declaration is made this ............. day of 
 


 






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............. (month,
year). I, .................., being of 
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sound mind, willfully and
voluntarily make known my desires 
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that my moment of death shall not be
artificially postponed.

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    If at any time I should have an incurable and irreversible 
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injury,
disease, or illness judged to be a terminal condition 
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by my attending
physician who has personally examined me and 
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has determined that my death
is imminent except for death 
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delaying procedures, I direct that such
procedures which would 
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only prolong the dying process be withheld or
withdrawn, and 
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that I be permitted to die naturally with only the

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administration of medication, sustenance, or the performance 
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of any medical
procedure deemed necessary by my attending 
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physician to provide me with comfort care.

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    In the absence of my ability to give directions regarding 
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the use of such
death delaying procedures, it is my intention 
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that this declaration shall
be honored by my family and 
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physician as the final expression of my legal
right to refuse 
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medical or surgical treatment and accept the consequences
from 
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such refusal.

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Signed ....................


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City, County and State of Residence .........................


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    The declarant is personally known to me and I believe him 
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or her to
be of sound mind.  I saw the declarant sign the 
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declaration in my presence
(or the declarant acknowledged in my 
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presence that he or she had signed
the declaration) and I 
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signed the declaration as a witness in the presence
of the 
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declarant.  I did not sign the declarant's signature above for 
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or at
the direction of the declarant.  At the date of this 
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instrument,  I am
not entitled to any portion of the estate of 
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the declarant according
to the laws of intestate succession or, 
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to the best of my knowledge and
belief, under any will of 
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declarant or other instrument taking effect at
declarant's 
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death, or directly financially responsible for declarant's 
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medical care.

 


 






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Witness ..................


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Witness ..................


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(Source: P.A. 85-1209; revised 10-9-03.)

 



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    (755 ILCS 35/7)  (from Ch. 110 1/2, par. 707)



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    Sec. 7. Immunity. The desires of a qualified patient shall 
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at all
times supersede the effect of the declaration.

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    A physician or other health-care provider may presume, in 
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the
absence of knowledge to the contrary, that a declaration 
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complies
with this Act and is valid.

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    No physician, health care provider or employee thereof who 
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in good faith
and pursuant to reasonable medical standards 
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causes or participates in the
withholding or withdrawing of 
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death delaying
procedures from a qualified patient pursuant to 
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a declaration which purports
to have been made in accordance 
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with this Act shall as a result thereof,
be subject to criminal 
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or civil liability, or be found to have committed
an act of 
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unprofessional conduct.

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    Any person authorized  under subsection (d) of Section 3 
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this Act, who acts in good faith, is not liable for any civil 
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or criminal damages as a result of any act or omission, except 
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for willful and wanton misconduct.

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(Source: P.A. 85-860.)".