Full Text of SB2258 96th General Assembly
SB2258enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Health Care Surrogate Act is amended by | 5 |
| changing Sections 15 and 25 as follows:
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| (755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
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| Sec. 15. Applicability. This Act applies to patients who | 8 |
| lack
decisional capacity
or who have a qualifying condition. | 9 |
| This Act does not
apply to instances in which the patient has | 10 |
| an operative and unrevoked
living will under the Illinois | 11 |
| Living Will Act, an operative and unrevoked
declaration for | 12 |
| mental health treatment under the Mental Health Treatment
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| Preferences Declaration Act, or an authorized agent under
a | 14 |
| power of attorney for health care under the Illinois Power of | 15 |
| Attorney
Act and the patient's condition falls within the | 16 |
| coverage of the living
will, the declaration for mental health | 17 |
| treatment, or the power of attorney
for health care. In those | 18 |
| instances, the
living will, declaration for mental health | 19 |
| treatment, or power of
attorney for health care, as the case | 20 |
| may be, shall
be given effect according to its terms. This Act | 21 |
| does apply in
circumstances in which a patient has a qualifying | 22 |
| condition but the
patient's condition does not fall within the | 23 |
| coverage of the living will, the
declaration for mental health |
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| treatment, or
the power of attorney for health care.
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| Each health care facility shall maintain any advance
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| directives proffered by the patient or other authorized person,
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| including a do not resuscitate order, a living will, a | 5 |
| declaration for mental
health treatment, or a
power of attorney | 6 |
| for health care, in the patient's medical records for the
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| duration of the patient's stay . This Act does apply to patients | 8 |
| without
a qualifying condition. If a patient is an adult with
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| decisional
capacity, then the right to refuse medical treatment
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| or life-sustaining
treatment does
not require the presence of a | 11 |
| qualifying condition.
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| (Source: P.A. 90-246, eff. 1-1-98.)
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| (755 ILCS 40/25) (from Ch. 110 1/2, par. 851-25)
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| Sec. 25. Surrogate decision making.
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| (a) When a patient lacks
decisional capacity, the health | 16 |
| care provider must make a reasonable
inquiry as to the | 17 |
| availability and authority of a health care agent under
the | 18 |
| Powers of Attorney for Health Care Law. When no health care | 19 |
| agent is
authorized and available, the health care provider | 20 |
| must make a reasonable
inquiry as to the availability of | 21 |
| possible surrogates listed in items (1)
through (4) of this
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| subsection. For purposes of this Section, a reasonable inquiry | 23 |
| includes,
but is not
limited to, identifying a member of the | 24 |
| patient's family or other health care
agent by
examining the | 25 |
| patient's personal effects or medical records. If a family
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| member or other
health care agent is identified, an attempt to | 2 |
| contact that person by telephone
must be
made within 24 hours | 3 |
| after a determination by the provider that the patient
lacks
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| decisional capacity.
No person shall be liable for civil | 5 |
| damages or subject to
professional discipline based on a claim | 6 |
| of violating a patient's
right to confidentiality as a result | 7 |
| of making a reasonable
inquiry as to the availability of a | 8 |
| patient's family member
or health care agent, except for | 9 |
| willful or wanton misconduct.
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| The surrogate decision makers, as
identified by the | 11 |
| attending physician, are then authorized to make decisions
as | 12 |
| follows: (i) for patients who lack decisional capacity and do | 13 |
| not have a
qualifying condition, medical treatment decisions | 14 |
| may be made in
accordance with subsection (b-5) of Section 20; | 15 |
| and (ii) for patients who
lack decisional capacity and have a | 16 |
| qualifying condition, medical treatment
decisions including
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| whether to forgo life-sustaining treatment on behalf of the
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| patient may be made without court order or judicial involvement | 19 |
| in the
following order of
priority:
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| (1) the patient's guardian of the person;
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| (2) the patient's spouse;
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| (3) any adult son or daughter of the patient;
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| (4) either parent of the patient;
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| (5) any adult brother or sister of the patient;
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| (6) any adult grandchild of the patient;
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| (7) a close friend of the patient;
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| (8) the patient's guardian of the estate.
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| The health care provider shall have the right to rely on | 3 |
| any of the above
surrogates if the provider believes after | 4 |
| reasonable inquiry that neither a
health care agent under the | 5 |
| Powers of Attorney for Health Care Law nor a
surrogate of | 6 |
| higher priority is available.
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| Where there are multiple surrogate decision makers at the | 8 |
| same
priority level in the hierarchy, it shall be the | 9 |
| responsibility of
those surrogates to make reasonable efforts | 10 |
| to reach a consensus as
to their decision on behalf of the | 11 |
| patient regarding the forgoing
of life-sustaining treatment. | 12 |
| If 2 or more surrogates who are in
the same category and have | 13 |
| equal priority indicate to the attending
physician that they | 14 |
| disagree about the health care matter at issue,
a majority of | 15 |
| the available persons in that category (or the parent
with | 16 |
| custodial rights) shall control, unless the minority (or the
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| parent without custodial rights) initiates guardianship | 18 |
| proceedings in
accordance with the Probate Act of 1975. No | 19 |
| health care provider or other
person is required to seek | 20 |
| appointment of a guardian.
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| (b) After a surrogate has been identified, the name, | 22 |
| address,
telephone number, and relationship of that person to | 23 |
| the patient
shall be recorded in the patient's medical record.
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| (c) Any surrogate who becomes unavailable for any reason | 25 |
| may be replaced
by applying the provisions of Section 25 in the | 26 |
| same manner as for the
initial choice of surrogate.
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| (d) In the event an individual of a higher priority to an | 2 |
| identified
surrogate becomes available and willing to be the | 3 |
| surrogate, the individual
with higher priority may be | 4 |
| identified as the surrogate. In the event
an individual in a | 5 |
| higher, a lower, or the same priority level or a health
care | 6 |
| provider seeks to challenge the priority of or the | 7 |
| life-sustaining
treatment decision of the recognized surrogate | 8 |
| decision maker, the
challenging party may initiate | 9 |
| guardianship proceedings in accordance with
the Probate Act of | 10 |
| 1975.
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| (e) The surrogate decision maker shall have the same right | 12 |
| as
the patient to receive medical information and medical | 13 |
| records and to
consent to disclosure.
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| (f) Any surrogate shall have the authority to make | 15 |
| decisions for the patient until removed by the patient who no | 16 |
| longer lacks decisional capacity, appointment of a guardian of | 17 |
| the person, or the patient's death. | 18 |
| (Source: P.A. 92-364, eff. 8-15-01.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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