(755 ILCS 40/65)
Department of Public Health Uniform POLST form.
(a) An individual of sound mind and having reached the age of majority or
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 POLST form described in Section 2310-600 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois) directing that
resuscitating efforts shall not be implemented. Such a document may also
be executed by an attending health care practitioner. If more than one practitioner shares that responsibility, any of the attending health care practitioners may act under this Section. Notwithstanding the existence of a do-not-resuscitate (DNR)
order or Department of Public Health Uniform POLST form, 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.
(a-5) Execution of a Department of Public Health Uniform POLST form is voluntary; no person can be required to execute either form. A person who has executed a Department of Public Health Uniform POLST form should review the form annually and when the person's condition changes.
(b) Consent to a Department of Public Health Uniform POLST form may be obtained from the individual, or from
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 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.
(b-5) As used in this Section, "attending health care practitioner" means an individual who (1) is an Illinois licensed physician, advanced practice nurse, physician assistant, or licensed resident after completion of one year in a program; (2) is selected by or assigned to the patient; and (3) has primary responsibility for treatment and care of the patient. "POLST" means practitioner orders for life-sustaining treatments.
(c) Nothing in this Section shall be construed to affect the ability of an individual to include instructions in an advance directive, such as a power of attorney for health care. The uniform form may, but need not, be in the form adopted by the
Public Health pursuant to Section 2310-600 of the Department of Public Health
Duties Law (20 ILCS 2310/2310-600).
(d) A health care professional or health care provider may presume, in the
of knowledge to the contrary, that a completed Department of Public Health
Uniform POLST form,
or a copy of that form or a previous version of the uniform form, is valid. A health care professional or
care provider, or an employee of a health care professional or health care
provider, who in
good faith complies
with a cardiopulmonary resuscitation (CPR) or life-sustaining treatment order, Department of Public Health Uniform POLST form, or a previous version of the uniform form 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 conduct.
(e) Nothing in this Section or this amendatory Act of the 94th General Assembly or this amendatory Act of the 98th General Assembly shall be construed to affect the ability of a physician or other practitioner to make a do-not-resuscitate order.
(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16