State of Illinois
2021 and 2022


Introduced 2/8/2021, by Rep. Debbie Meyers-Martin


755 ILCS 40/10  from Ch. 110 1/2, par. 851-10

    Amends the Health Care Surrogate Act. Removes the requirement that an attending physician or qualified physician be licensed specifically in Illinois. Effective immediately.

LRB102 12654 LNS 17993 b





HB0704LRB102 12654 LNS 17993 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Health Care Surrogate Act is amended by
5changing Section 10 as follows:
6    (755 ILCS 40/10)  (from Ch. 110 1/2, par. 851-10)
7    Sec. 10. Definitions.
8    "Adult" means a person who is (i) 18 years of age or older
9or (ii) an emancipated minor under the Emancipation of Minors
11    "Artificial nutrition and hydration" means supplying food
12and water through a conduit, such as a tube or intravenous
13line, where the recipient is not required to chew or swallow
14voluntarily, including, but not limited to, nasogastric tubes,
15gastrostomies, jejunostomies, and intravenous infusions.
16Artificial nutrition and hydration does not include assisted
17feeding, such as spoon or bottle feeding.
18    "Available" means that a person is not "unavailable". A
19person is unavailable if (i) the person's existence is not
20known, (ii) the person has not been able to be contacted by
21telephone or mail, or (iii) the person lacks decisional
22capacity, refuses to accept the office of surrogate, or is
23unwilling to respond in a manner that indicates a choice among



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1the treatment matters at issue.
2    "Attending physician" means the physician selected by or
3assigned to the patient who has primary responsibility for
4treatment and care of the patient and who is a licensed
5physician in Illinois. If more than one physician shares that
6responsibility, any of those physicians may act as the
7attending physician under this Act.
8    "Close friend" means any person 18 years of age or older
9who has exhibited special care and concern for the patient and
10who presents an affidavit to the attending physician stating
11that he or she (i) is a close friend of the patient, (ii) is
12willing and able to become involved in the patient's health
13care, and (iii) has maintained such regular contact with the
14patient as to be familiar with the patient's activities,
15health, and religious and moral beliefs. The affidavit must
16also state facts and circumstances that demonstrate that
18    "Death" means when, according to accepted medical
19standards, there is (i) an irreversible cessation of
20circulatory and respiratory functions or (ii) an irreversible
21cessation of all functions of the entire brain, including the
22brain stem.
23    "Decisional capacity" means the ability to understand and
24appreciate the nature and consequences of a decision regarding
25medical treatment or forgoing life-sustaining treatment and
26the ability to reach and communicate an informed decision in



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1the matter as determined by the attending physician.
2    "Forgo life-sustaining treatment" means to withhold,
3withdraw, or terminate all or any portion of life-sustaining
4treatment with knowledge that the patient's death is likely to
6    "Guardian" means a court appointed guardian of the person
7who serves as a representative of a minor or as a
8representative of a person under legal disability.
9    "Health care facility" means a type of health care
10provider commonly known by a wide variety of titles, including
11but not limited to, hospitals, medical centers, nursing homes,
12rehabilitation centers, long term or tertiary care facilities,
13and other facilities established to administer health care and
14provide overnight stays in their ordinary course of business
15or practice.
16    "Health care provider" means a person that is licensed,
17certified, or otherwise authorized or permitted by the law of
18this State to administer health care in the ordinary course of
19business or practice of a profession, including, but not
20limited to, physicians, nurses, health care facilities, and
21any employee, officer, director, agent, or person under
22contract with such a person.
23    "Imminent" (as in "death is imminent") means a
24determination made by the attending physician according to
25accepted medical standards that death will occur in a
26relatively short period of time, even if life-sustaining



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1treatment is initiated or continued.
2    "Life-sustaining treatment" means any medical treatment,
3procedure, or intervention that, in the judgment of the
4attending physician, when applied to a patient with a
5qualifying condition, would not be effective to remove the
6qualifying condition or would serve only to prolong the dying
7process. Those procedures can include, but are not limited to,
8assisted ventilation, renal dialysis, surgical procedures,
9blood transfusions, and the administration of drugs,
10antibiotics, and artificial nutrition and hydration.
11    "Minor" means an individual who is not an adult as defined
12in this Act.
13    "Parent" means a person who is the natural or adoptive
14mother or father of the child and whose parental rights have
15not been terminated by a court of law.
16    "Patient" means an adult or minor individual, unless
17otherwise specified, under the care or treatment of a licensed
18physician or other health care provider.
19    "Person" means an individual, a corporation, a business
20trust, a trust, a partnership, an association, a government, a
21governmental subdivision or agency, or any other legal entity.
22    "Qualifying condition" means the existence of one or more
23of the following conditions in a patient certified in writing
24in the patient's medical record by the attending physician and
25by at least one other qualified physician:
26        (1) "Terminal condition" means an illness or injury



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1    for which there is no reasonable prospect of cure or
2    recovery, death is imminent, and the application of
3    life-sustaining treatment would only prolong the dying
4    process.
5        (2) "Permanent unconsciousness" means a condition
6    that, to a high degree of medical certainty, (i) will last
7    permanently, without improvement, (ii) in which thought,
8    sensation, purposeful action, social interaction, and
9    awareness of self and environment are absent, and (iii)
10    for which initiating or continuing life-sustaining
11    treatment, in light of the patient's medical condition,
12    provides only minimal medical benefit.
13        (3) "Incurable or irreversible condition" means an
14    illness or injury (i) for which there is no reasonable
15    prospect of cure or recovery, (ii) that ultimately will
16    cause the patient's death even if life-sustaining
17    treatment is initiated or continued, (iii) that imposes
18    severe pain or otherwise imposes an inhumane burden on the
19    patient, and (iv) for which initiating or continuing
20    life-sustaining treatment, in light of the patient's
21    medical condition, provides only minimal medical benefit.
22    The determination that a patient has a qualifying
23condition creates no presumption regarding the application or
24non-application of life-sustaining treatment. It is only after
25a determination by the attending physician that the patient
26has a qualifying condition that the surrogate decision maker



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1may consider whether or not to forgo life-sustaining
2treatment. In making this decision, the surrogate shall weigh
3the burdens on the patient of initiating or continuing
4life-sustaining treatment against the benefits of that
6    "Qualified physician" means a physician licensed to
7practice medicine in all of its branches in Illinois who has
8personally examined the patient.
9    "Surrogate decision maker" means an adult individual or
10individuals who (i) have decisional capacity, (ii) are
11available upon reasonable inquiry, (iii) are willing to make
12medical treatment decisions on behalf of a patient who lacks
13decisional capacity, and (iv) are identified by the attending
14physician in accordance with the provisions of this Act as the
15person or persons who are to make those decisions in
16accordance with the provisions of this Act.
17(Source: P.A. 95-331, eff. 8-21-07.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.