Bill Status of SB0182  101st General Assembly

Short Description:  ESTATES-HEALTH DIRECTIVES

Senate Sponsors
Sen. Julie A. Morrison

House Sponsors
(Rep. Anna Moeller - Margo McDermed - Camille Y. Lilly)

Last Action
DateChamber Action
  7/26/2019SenatePublic Act . . . . . . . . . 101-0163

Statutes Amended In Order of Appearance
20 ILCS 2310/2310-600
755 ILCS 35/2from Ch. 110 1/2, par. 702
755 ILCS 35/5from Ch. 110 1/2, par. 705
755 ILCS 35/9from Ch. 110 1/2, par. 709
755 ILCS 40/70 new
755 ILCS 43/5
755 ILCS 43/20
755 ILCS 43/23 new
755 ILCS 43/50
755 ILCS 45/4-4from Ch. 110 1/2, par. 804-4
755 ILCS 45/4-4.1 new
755 ILCS 45/4-6from Ch. 110 1/2, par. 804-6
755 ILCS 45/4-9from Ch. 110 1/2, par. 804-9
755 ILCS 45/4-10from Ch. 110 1/2, par. 804-10


Synopsis As Introduced
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall study the feasibility of creating a statewide registry of advance directives and Practitioner Order for Life-Sustaining Treatment forms. Amends the Illinois Living Will Act, the Health Care Surrogate Act, the Mental Health Treatment Preferences Declaration Act, and the Powers of Attorney for Health Care Law of the Illinois Power of Attorney Act. Provides that various types of documents may be in hard copy or electronic format. Provides that electronic declarations may be revoked, among other things, by deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical record. Provides that signature and execution requirements are satisfied by written signatures or initials and electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the electronic medical record. Provides that a person who enters information in an electronic system under the persona of the principal shall be held civilly liable. Makes conforming changes.

Senate Floor Amendment No. 1
Adds reference to:
5 ILCS 175/5-115
5 ILCS 175/5-120

Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that the Department of Public Health shall also consult with a statewide bar association, a national bar association with an Illinois chapter that concentrates in elder and disability law, and a not-for-profit organ procurement organization that coordinates organ and tissue donation in the study of the feasibility of creating a statewide registry of advance directives and POLST forms. Provides that the study must be filed with the General Assembly on or before January 1, 2021. Provides that an electronic declaration may be created, signed, or revoked electronically using a generic, technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature. Deletes language providing that the signature and execution requirements are satisfied by electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the medical record. Deletes language providing that an electronic declaration may also be revoked by the principal's deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical records. Amends the Electronic Commerce Security Act. Deletes language providing that provisions regarding electronic records and electronic signatures shall not apply to any rule of law governing the creation or execution of a living will or healthcare power of attorney.

Actions 
DateChamber Action
  1/30/2019SenateFiled with Secretary by Sen. Julie A. Morrison
  1/30/2019SenateFirst Reading
  1/30/2019SenateReferred to Assignments
  2/6/2019SenateAssigned to Public Health
  2/20/2019SenatePostponed - Public Health
  3/20/2019SenateDo Pass Public Health; 012-000-000
  3/20/2019SenatePlaced on Calendar Order of 2nd Reading March 21, 2019
  3/28/2019SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Julie A. Morrison
  3/28/2019SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/3/2019SenateSenate Floor Amendment No. 1 Assignments Refers to Public Health
  4/4/2019SenateSenate Floor Amendment No. 1 Recommend Do Adopt Public Health; 010-000-000
  4/9/2019SenateSecond Reading
  4/9/2019SenateSenate Floor Amendment No. 1 Adopted; Morrison
  4/9/2019SenatePlaced on Calendar Order of 3rd Reading April 10, 2019
  4/11/2019SenateThird Reading - Passed; 058-000-000
  4/12/2019HouseArrived in House
  4/12/2019HouseChief House Sponsor Rep. Bob Morgan
  4/12/2019HouseFirst Reading
  4/12/2019HouseReferred to Rules Committee
  4/26/2019HouseAlternate Chief Sponsor Changed to Rep. Anna Moeller
  4/30/2019HouseAssigned to Judiciary - Civil Committee
  5/1/2019HouseTo Family Law Subcommittee
  5/8/2019HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 008-001-000
  5/8/2019HouseReported Back To Judiciary - Civil Committee;
  5/8/2019HouseAdded Alternate Chief Co-Sponsor Rep. Margo McDermed
  5/9/2019HouseDo Pass / Short Debate Judiciary - Civil Committee; 012-001-000
  5/9/2019HousePlaced on Calendar 2nd Reading - Short Debate
  5/14/2019HouseSecond Reading - Short Debate
  5/14/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/21/2019HouseThird Reading - Short Debate - Passed 116-000-000
  5/21/2019SenatePassed Both Houses
  5/21/2019HouseAdded Alternate Chief Co-Sponsor Rep. Camille Y. Lilly
  6/19/2019SenateSent to the Governor
  7/26/2019SenateGovernor Approved
  7/26/2019SenateEffective Date January 1, 2020
  7/26/2019SenatePublic Act . . . . . . . . . 101-0163