Public Act 096-0765
SB2256 Enrolled LRB096 03265 AJO 13282 b

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

Effective Date: 1/1/2010