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| Public Act 102-0744 | ||||
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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 | ||||
changing Section 10 as follows:
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(755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
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(Text of Section from P.A. 102-140)
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Sec. 10. Definitions.
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"Adult" means a person who is (i) 18 years of age or older | ||||
or (ii) an
emancipated minor under the Emancipation of
Minors | ||||
Act.
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"Artificial nutrition and hydration" means supplying food | ||||
and water through a
conduit, such as a tube or intravenous | ||||
line, where the recipient is not
required to chew or swallow | ||||
voluntarily, including, but not limited to,
nasogastric tubes, | ||||
gastrostomies, jejunostomies, and
intravenous infusions. | ||||
Artificial nutrition and hydration does not include
assisted | ||||
feeding, such as spoon or bottle feeding.
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"Available" means that a person is not "unavailable". A | ||||
person is
unavailable if (i) the person's existence is not | ||||
known, (ii) the person has
not been able to be contacted by | ||||
telephone or mail, or (iii) the person
lacks decisional | ||||
capacity, refuses to accept the office of surrogate, or is
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unwilling to respond in a manner that indicates a choice among | ||
the
treatment matters at issue.
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"Attending physician" means the physician selected by or
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assigned to the patient who has primary responsibility for
| ||
treatment and care of the patient and who is a licensed | ||
physician
in Illinois or a physician licensed in the state | ||
where the patient is being treated. If more than one physician | ||
shares that
responsibility, any of those physicians may act as | ||
the attending
physician under this Act.
| ||
"Close friend" means any person 18 years of age or older | ||
who
has exhibited special care and concern for the patient and | ||
who
presents an affidavit to the attending physician stating | ||
that he or
she (i) is a close friend of the patient, (ii) is | ||
willing and able to become
involved in the patient's health | ||
care, and (iii) has maintained such
regular contact with the | ||
patient as to be familiar with the
patient's activities, | ||
health, and religious and moral beliefs. The
affidavit must | ||
also state facts and circumstances that demonstrate that
| ||
familiarity.
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"Death" means when, according to accepted medical | ||
standards,
there is (i) an irreversible cessation of | ||
circulatory and
respiratory functions or (ii) an irreversible | ||
cessation of all
functions of the entire brain, including the | ||
brain stem.
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"Decisional capacity" means the ability to understand and
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appreciate the nature and consequences of a decision regarding
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medical treatment or
forgoing life-sustaining treatment and | ||
the ability to reach and
communicate an informed decision in | ||
the matter as determined by the
attending physician.
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"Forgo life-sustaining treatment" means to withhold,
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withdraw, or terminate all or any portion of life-sustaining
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treatment with knowledge that the patient's death is likely to
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result.
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"Guardian" means a court appointed guardian of the person | ||
who
serves as a representative of a minor or as a | ||
representative of a
person under legal disability.
| ||
"Health care facility" means a type of health care | ||
provider
commonly known by a wide variety of titles, including | ||
but not
limited to, hospitals, medical centers, nursing homes,
| ||
rehabilitation centers, long term or tertiary care facilities, | ||
and
other facilities established to administer health care and | ||
provide
overnight stays in their ordinary course of business | ||
or practice.
| ||
"Health care provider" means a person that is licensed,
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certified, or otherwise authorized or permitted by the law of | ||
this
State or licensed in the state where the patient is being | ||
treated to administer health care in the ordinary course of | ||
business
or practice of a profession, including, but not | ||
limited to,
physicians, nurses, health care facilities, and | ||
any employee,
officer, director, agent, or person under | ||
contract with such a
person.
| ||
"Imminent" (as in "death is imminent") means a | ||
determination
made by the attending physician according to | ||
accepted medical
standards that death will occur in a | ||
relatively short period of
time, even if life-sustaining | ||
treatment is initiated or continued.
| ||
"Life-sustaining treatment" means any medical treatment,
| ||
procedure, or intervention that, in the judgment of the | ||
attending
physician, when applied to a patient with a | ||
qualifying condition,
would not be effective to remove the | ||
qualifying condition
or would serve only to prolong the dying | ||
process. Those
procedures can include, but are not limited to, | ||
assisted
ventilation, renal dialysis, surgical procedures, | ||
blood
transfusions, and the administration of drugs, | ||
antibiotics, and
artificial nutrition and hydration.
| ||
"Minor" means an individual who is not an adult as defined | ||
in
this Act.
| ||
"Parent" means a person who is the natural or adoptive | ||
mother
or father of the child and whose parental rights have | ||
not been
terminated by a court of law.
| ||
"Patient" means an adult or minor individual, unless | ||
otherwise
specified, under the care or treatment of a licensed | ||
physician or
other health care provider.
| ||
"Person" means an individual, a corporation, a business | ||
trust,
a trust, a partnership, an association, a government, a
| ||
governmental subdivision or agency, or any other legal entity.
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"Qualifying condition" means the existence of one or more | ||
of
the following conditions in a patient certified in writing | ||
in the
patient's medical record by the attending physician and | ||
by at least
one other qualified health care practitioner:
| ||
(1) "Terminal condition" means an illness or injury | ||
for
which there is no reasonable prospect of cure or | ||
recovery,
death is imminent, and the application of | ||
life-sustaining
treatment would only prolong the dying | ||
process.
| ||
(2) "Permanent unconsciousness" means a condition | ||
that,
to a high degree of medical certainty, (i) will last
| ||
permanently, without improvement, (ii) in which
thought, | ||
sensation, purposeful action, social interaction, and
| ||
awareness of self and environment are absent, and (iii) | ||
for
which initiating or continuing life-sustaining | ||
treatment, in
light of the patient's medical condition, | ||
provides only
minimal medical benefit.
| ||
(3) "Incurable or irreversible condition" means an
| ||
illness or injury (i) for which there is no reasonable
| ||
prospect of cure or recovery, (ii) that ultimately will | ||
cause
the patient's death even if life-sustaining | ||
treatment is
initiated or continued, (iii) that imposes | ||
severe pain or
otherwise imposes an inhumane burden on the | ||
patient, and (iv)
for which initiating or continuing | ||
life-sustaining treatment,
in light of the patient's | ||
medical condition, provides only
minimal medical benefit.
| ||
The determination that a patient has a qualifying | ||
condition creates
no presumption regarding the application or | ||
non-application of life-sustaining
treatment. It is only after | ||
a determination by the attending physician that the patient | ||
has a qualifying condition that the
surrogate decision maker | ||
may consider whether or not to forgo
life-sustaining | ||
treatment. In making this decision, the surrogate
shall weigh | ||
the burdens on the patient of initiating or continuing
| ||
life-sustaining treatment against the benefits of that | ||
treatment.
| ||
"Qualified health care practitioner" means an individual
| ||
who has personally examined the patient and who is licensed in | ||
an Illinois or in the state where the patient is being treated | ||
and who is a
licensed physician, advanced practice registered | ||
nurse,
physician assistant, or resident with at least one year | ||
of
graduate or specialty training in this State who holds a an
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Illinois temporary license to practice medicine and is | ||
enrolled
in a residency program accredited by the Liaison | ||
Committee on
Graduate Medical Education or the Bureau of | ||
Professional
Education of the American Osteopathic | ||
Association. | ||
"Physician" means a physician licensed to practice | ||
medicine in all its branches in this State or in the state | ||
where the patient is being treated.
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"Surrogate decision maker" means an adult individual or
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individuals who (i) have decisional capacity, (ii) are | ||
available
upon reasonable inquiry, (iii) are willing to make | ||
medical treatment
decisions on behalf of
a patient who lacks | ||
decisional capacity, and (iv) are identified by
the attending | ||
physician in accordance with the provisions of this
Act as the | ||
person or persons who are to make those decisions in
| ||
accordance with the provisions of this Act.
| ||
(Source: P.A. 102-140, eff. 1-1-22.)
| ||
(Text of Section from P.A. 102-182)
| ||
Sec. 10. Definitions.
| ||
"Adult" means a person who is (i) 18 years of age or older | ||
or (ii) an
emancipated minor under the Emancipation of
Minors | ||
Act.
| ||
"Artificial nutrition and hydration" means supplying food | ||
and water through a
conduit, such as a tube or intravenous | ||
line, where the recipient is not
required to chew or swallow | ||
voluntarily, including, but not limited to,
nasogastric tubes, | ||
gastrostomies, jejunostomies, and
intravenous infusions. | ||
Artificial nutrition and hydration does not include
assisted | ||
feeding, such as spoon or bottle feeding.
| ||
"Available" means that a person is not "unavailable". A | ||
person is
unavailable if (i) the person's existence is not | ||
known, (ii) the person has
not been able to be contacted by | ||
telephone or mail, or (iii) the person
lacks decisional | ||
capacity, refuses to accept the office of surrogate, or is
| ||
unwilling to respond in a manner that indicates a choice among | ||
the
treatment matters at issue.
| ||
"Attending physician" means the physician selected by or
| ||
assigned to the patient who has primary responsibility for
| ||
treatment and care of the patient and who is a licensed | ||
physician
in Illinois or a physician licensed in the state | ||
where the patient is being treated. If more than one physician | ||
shares that
responsibility, any of those physicians may act as | ||
the attending
physician under this Act.
| ||
"Close friend" means any person 18 years of age or older | ||
who
has exhibited special care and concern for the patient and | ||
who
presents an affidavit to the attending physician stating | ||
that he or
she (i) is a close friend of the patient, (ii) is | ||
willing and able to become
involved in the patient's health | ||
care, and (iii) has maintained such
regular contact with the | ||
patient as to be familiar with the
patient's activities, | ||
health, and religious and moral beliefs. The
affidavit must | ||
also state facts and circumstances that demonstrate that
| ||
familiarity.
| ||
"Death" means when, according to accepted medical | ||
standards,
there is (i) an irreversible cessation of | ||
circulatory and
respiratory functions or (ii) an irreversible | ||
cessation of all
functions of the entire brain, including the | ||
brain stem.
| ||
"Decisional capacity" means the ability to understand and
| ||
appreciate the nature and consequences of a decision regarding
| ||
medical treatment or
forgoing life-sustaining treatment and | ||
the ability to reach and
communicate an informed decision in | ||
the matter as determined by the
attending physician.
| ||
"Forgo life-sustaining treatment" means to withhold,
| ||
withdraw, or terminate all or any portion of life-sustaining
| ||
treatment with knowledge that the patient's death is likely to
| ||
result.
| ||
"Guardian" means a court appointed guardian of the person | ||
who
serves as a representative of a minor or as a | ||
representative of a
person under legal disability.
| ||
"Health care facility" means a type of health care | ||
provider
commonly known by a wide variety of titles, including | ||
but not
limited to, hospitals, medical centers, nursing homes,
| ||
rehabilitation centers, long term or tertiary care facilities, | ||
and
other facilities established to administer health care and | ||
provide
overnight stays in their ordinary course of business | ||
or practice.
| ||
"Health care provider" means a person that is licensed,
| ||
certified, or otherwise authorized or permitted by the law of | ||
this
State or licensed in the state where the patient is being | ||
treated to administer health care in the ordinary course of | ||
business
or practice of a profession, including, but not | ||
limited to,
physicians, nurses, health care facilities, and | ||
any employee,
officer, director, agent, or person under | ||
contract with such a
person.
| ||
"Imminent" (as in "death is imminent") means a | ||
determination
made by the attending physician according to | ||
accepted medical
standards that death will occur in a | ||
relatively short period of
time, even if life-sustaining | ||
treatment is initiated or continued.
| ||
"Life-sustaining treatment" means any medical treatment,
| ||
procedure, or intervention that, in the judgment of the | ||
attending
physician, when applied to a patient with a | ||
qualifying condition,
would not be effective to remove the | ||
qualifying condition
or would serve only to prolong the dying | ||
process. Those
procedures can include, but are not limited to, | ||
assisted
ventilation, renal dialysis, surgical procedures, | ||
blood
transfusions, and the administration of drugs, | ||
antibiotics, and
artificial nutrition and hydration.
| ||
"Minor" means an individual who is not an adult as defined | ||
in
this Act.
| ||
"Parent" means a person who is the natural or adoptive | ||
mother
or father of the child and whose parental rights have | ||
not been
terminated by a court of law.
| ||
"Patient" means an adult or minor individual, unless | ||
otherwise
specified, under the care or treatment of a licensed | ||
physician or
other health care provider.
| ||
"Person" means an individual, a corporation, a business | ||
trust,
a trust, a partnership, an association, a government, a
| ||
governmental subdivision or agency, or any other legal entity.
| ||
"Qualifying condition" means the existence of one or more | ||
of
the following conditions in a patient certified in writing | ||
in the
patient's medical record by the attending physician and | ||
by at least
one other qualified health care practitioner | ||
physician:
| ||
(1) "Terminal condition" means an illness or injury | ||
for
which there is no reasonable prospect of cure or | ||
recovery,
death is imminent, and the application of | ||
life-sustaining
treatment would only prolong the dying | ||
process.
| ||
(2) "Permanent unconsciousness" means a condition | ||
that,
to a high degree of medical certainty, (i) will last
| ||
permanently, without improvement, (ii) in which
thought, | ||
sensation, purposeful action, social interaction, and
| ||
awareness of self and environment are absent, and (iii) | ||
for
which initiating or continuing life-sustaining | ||
treatment, in
light of the patient's medical condition, | ||
provides only
minimal medical benefit.
| ||
(3) "Incurable or irreversible condition" means an
| ||
illness or injury (i) for which there is no reasonable
| ||
prospect of cure or recovery, (ii) that ultimately will | ||
cause
the patient's death even if life-sustaining | ||
treatment is
initiated or continued, (iii) that imposes | ||
severe pain or
otherwise imposes an inhumane burden on the | ||
patient, and (iv)
for which initiating or continuing | ||
life-sustaining treatment,
in light of the patient's | ||
medical condition, provides only
minimal medical benefit.
| ||
The determination that a patient has a qualifying | ||
condition creates
no presumption regarding the application or | ||
non-application of life-sustaining
treatment. It is only after | ||
a determination by the attending
physician that the patient | ||
has a qualifying condition that the
surrogate decision maker | ||
may consider whether or not to forgo
life-sustaining | ||
treatment. In making this decision, the surrogate
shall weigh | ||
the burdens on the patient of initiating or continuing
| ||
life-sustaining treatment against the benefits of that | ||
treatment.
| ||
"Qualified health care practitioner" means an individual | ||
who has personally examined the patient and who is licensed in | ||
Illinois or in the state where the patient is being treated and | ||
who is a physician, advanced practice registered nurse, | ||
physician assistant, or resident with at least one year of | ||
graduate or specialty training who holds a temporary license | ||
to practice medicine and is enrolled in a residency program | ||
accredited by the Liaison Committee on Graduate Medical | ||
Education or the Bureau of Professional Education of the | ||
American Osteopathic Association. | ||
"Physician" means a physician licensed to practice | ||
medicine in all its branches in this State or in the state | ||
where the patient is being treated. | ||
"Qualified physician" means a physician licensed to | ||
practice
medicine in all of its branches in Illinois or a | ||
physician licensed in the state where the patient is being | ||
treated who has personally
examined the patient.
| ||
"Surrogate decision maker" means an adult individual or
| ||
individuals who (i) have decisional capacity, (ii) are | ||
available
upon reasonable inquiry, (iii) are willing to make | ||
medical treatment
decisions on behalf of
a patient who lacks | ||
decisional capacity, and (iv) are identified by
the attending | ||
physician in accordance with the provisions of this
Act as the | ||
person or persons who are to make those decisions in
| ||
accordance with the provisions of this Act.
| ||
(Source: P.A. 102-182, eff. 7-30-21.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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