State of Illinois
92^nd General Assembly
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92_SB0390enr

 
SB390 Enrolled                                 LRB9207774DJgc

 1        AN ACT in relation to health care surrogates.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Health Care Surrogate Act is  amended  by
 5    changing Section 25 as follows:

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

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.

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