(755 ILCS 45/4-7)
(from Ch. 110 1/2, par. 804-7)
Duties of health care providers and others in relation to
health care agencies.
Each health care provider and each other person with
whom an agent deals under a health care agency shall be subject to the
following duties and responsibilities:
(a) It is the responsibility of the agent or patient to notify the
health care provider of the existence of the health care agency and any
amendment or revocation thereof. A health care provider furnished with a
copy of a health care agency shall make it a part of the patient's medical
records and shall enter in the records any change in or termination of the
health care agency by the principal that becomes known to the provider.
Whenever a provider believes a patient may lack capacity to give informed
consent to health care which the provider deems necessary, the provider
shall consult with any available health care agent known to the provider
who then has power to act for the patient under a health care agency.
(b) A health care decision made by an agent in accordance with the terms
of a health care agency shall be complied with by every health care
provider to whom the decision is communicated, subject to the provider's
right to administer treatment for the patient's comfort care or alleviation
of pain; but if the provider is unwilling to comply with the agent's decision,
the provider shall promptly inform the agent who shall then be responsible
to make the necessary arrangements for the transfer of the patient to
another provider. It is understood that a
provider who is unwilling to comply with the agent's decision will continue
to afford reasonably necessary consultation and care in connection with the transfer.
(c) At the patient's expense and subject to reasonable rules of the
health care provider to prevent disruption of the patient's health care,
each health care provider shall give an agent authorized to receive
such information under a health care agency the same right the principal
has to examine and copy any part or all of the patient's medical records
that the agent deems relevant to the exercise of the agent's powers,
whether the records relate to mental health or any other medical condition
and whether they are in the possession of or maintained by any physician,
psychiatrist, psychologist, therapist, hospital, nursing home or other
health care provider.
(d) If and to the extent a health care agency empowers the agent to (1)
make an anatomical gift on behalf of the principal under the Illinois Anatomical Gift Act, as now or hereafter amended, or (2) authorize
autopsy of the principal's body pursuant to Section 2 of "An Act in
relation to autopsy of dead bodies", approved August 13, 1965, as now or
hereafter amended, or (3) direct
the disposition of the principal's remains, the decision by an authorized
agent as to anatomical gift, autopsy
approval or remains disposition shall be deemed the act of the principal
and shall control over the decision of other persons who might otherwise
and each person to whom a direction by the agent in accordance with the
terms of the agency is communicated shall comply with such direction.
(Source: P.A. 93-794, eff. 7-22-04.)