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Public Act 92-0364
SB390 Enrolled LRB9207774DJgc
AN ACT in relation to health care surrogates.
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 25 as follows:
(755 ILCS 40/25) (from Ch. 110 1/2, par. 851-25)
Sec. 25. Surrogate decision making.
(a) When a patient lacks decisional capacity, the health
care provider must make a reasonable inquiry as to the
availability and authority of a health care agent under the
Powers of Attorney for Health Care Law. When no health care
agent is authorized and available, the health care provider
must make a reasonable inquiry as to the availability of
possible surrogates listed in items (1) through (4) of this
subsection. For purposes of this Section, a reasonable
inquiry includes, but is not limited to, identifying a member
of the patient's family or other health care agent by
examining the patient's personal effects or medical records.
If a family member or other health care agent is identified,
an attempt to contact that person by telephone must be made
within 24 hours after a determination by the provider that
the patient lacks decisional capacity. No person shall be
liable for civil damages or subject to professional
discipline based on a claim of violating a patient's right to
confidentiality as a result of making a reasonable inquiry as
to the availability of a patient's family member or health
care agent, except for willful or wanton misconduct.
The surrogate decision makers, as identified by the
attending physician, are then authorized to make decisions as
follows: (i) for patients who lack decisional capacity and
do not have a qualifying condition, medical treatment
decisions may be made in accordance with subsection (b-5) of
Section 20; and (ii) for patients who lack decisional
capacity and have a qualifying condition, medical treatment
decisions including whether to forgo life-sustaining
treatment on behalf of the patient may be made without court
order or judicial involvement in the following order of
priority:
(1) the patient's guardian of the person;
(2) the patient's spouse;
(3) any adult son or daughter of the patient;
(4) either parent of the patient;
(5) any adult brother or sister of the patient;
(6) any adult grandchild of the patient;
(7) a close friend of the patient;
(8) the patient's guardian of the estate.
The health care provider shall have the right to rely on
any of the above surrogates if the provider believes after
reasonable inquiry that neither a health care agent under the
Powers of Attorney for Health Care Law nor a surrogate of
higher priority is available.
Where there are multiple surrogate decision makers at the
same priority level in the hierarchy, it shall be the
responsibility of those surrogates to make reasonable efforts
to reach a consensus as to their decision on behalf of the
patient regarding the forgoing of life-sustaining treatment.
If 2 or more surrogates who are in the same category and have
equal priority indicate to the attending physician that they
disagree about the health care matter at issue, a majority of
the available persons in that category (or the parent with
custodial rights) shall control, unless the minority (or the
parent without custodial rights) initiates guardianship
proceedings in accordance with the Probate Act of 1975. No
health care provider or other person is required to seek
appointment of a guardian.
(b) After a surrogate has been identified, the name,
address, telephone number, and relationship of that person to
the patient shall be recorded in the patient's medical
record.
(c) Any surrogate who becomes unavailable for any reason
may be replaced by applying the provisions of Section 25 in
the same manner as for the initial choice of surrogate.
(d) In the event an individual of a higher priority to
an identified surrogate becomes available and willing to be
the surrogate, the individual with higher priority may be
identified as the surrogate. In the event an individual in a
higher, a lower, or the same priority level or a health care
provider seeks to challenge the priority of or the
life-sustaining treatment decision of the recognized
surrogate decision maker, the challenging party may initiate
guardianship proceedings in accordance with the Probate Act
of 1975.
(e) The surrogate decision maker shall have the same
right as the patient to receive medical information and
medical records and to consent to disclosure.
(Source: P.A. 90-246, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 22, 2001.
Approved August 15, 2001.
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