Full Text of SB2256 96th General Assembly
SB2256enr 96TH GENERAL ASSEMBLY
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SB2256 Enrolled |
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LRB096 03265 AJO 13282 b |
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| AN ACT concerning advance directives.
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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 Section 65 as follows: | 6 |
| (755 ILCS 40/65)
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| Sec. 65. Do-not-resuscitate advance directive forms.
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| (a) An individual of sound mind and having reached the age | 9 |
| of majority or
having
obtained the status of an emancipated | 10 |
| person pursuant to the Emancipation of
Minors Act may execute a | 11 |
| document (consistent with the Department of Public
Health | 12 |
| Uniform DNR Advance Directive) directing that
resuscitating | 13 |
| efforts shall not be implemented. Such a document may also
be | 14 |
| executed by an attending physician. Notwithstanding the | 15 |
| existence of a do-not-resuscitate (DNR)
DNR order, appropriate | 16 |
| organ donation treatment may be applied or continued
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| temporarily in the event of the patient's death, in accordance | 18 |
| with subsection
(g) of Section 20 of this Act, if the patient | 19 |
| is an organ donor.
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| (b) Consent to a DNR Advance Directive may be obtained from | 21 |
| the individual, or from
another
person at the individual's | 22 |
| direction, or from the individual's legal guardian,
agent under | 23 |
| a
power of attorney for health care, or surrogate decision |
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SB2256 Enrolled |
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LRB096 03265 AJO 13282 b |
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| maker, and witnessed
by one individual 2
individuals 18 years | 2 |
| of age or older , who attests that the individual, other person, | 3 |
| guardian, agent, or surrogate (1) has had an opportunity to | 4 |
| read the form; and (2) has signed the form or acknowledged his | 5 |
| or her signature or mark on the form in the witness's presence .
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| (c) The DNR Advance Directive may, but need not, be in the | 7 |
| form adopted by the
Department
of
Public Health pursuant to | 8 |
| Section 2310-600 of the Department of Public Health
Powers and
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| Duties Law (20 ILCS 2310/2310-600).
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| (d) A health care professional or health care provider may | 11 |
| presume, in the
absence
of knowledge to the contrary, that a | 12 |
| completed Department of Public Health
Uniform DNR
Advance | 13 |
| Directive
or a copy of that Advance Directive is a valid DNR | 14 |
| Advance Directive. A health care professional or
health
care | 15 |
| provider, or an employee of a health care professional or | 16 |
| health care
provider, who in
good faith complies
with a | 17 |
| do-not-resuscitate order made in accordance with this Act is | 18 |
| not,
as a result of that compliance, subject to any criminal or | 19 |
| civil liability,
except for willful and wanton misconduct, and
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| may not be found to have committed an act of unprofessional | 21 |
| conduct. | 22 |
| (e) Nothing in this Section or this Amendatory Act of the | 23 |
| 94th General Assembly shall be construed to affect the ability | 24 |
| of a physician to make a do-not-resuscitate DNR order.
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| (Source: P.A. 93-794, eff. 7-22-04; 94-865, eff. 6-16-06.)
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