Bill Status of SB1411

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SB1411 - 104th General Assembly

HEALTH CARE SURROGATE-POLST
Last Action
8/15/2025 - Senate: Public Act . . . . . . . . . 104-0378
Senate Sponsors
Sen. Laura Fine

House Sponsors
(Rep. Jennifer Gong-Gershowitz - Bob Morgan - Daniel Didech - Margaret Croke)
Statutes Amended In Order of Appearance
755 ILCS 40/15from Ch. 110 1/2, par. 851-15
755 ILCS 40/65
Synopsis As Introduced
Amends the Health Care Surrogate Act. Provides that if an individual without decisional capacity has an operative and unrevoked living will and the attending physician, in accordance with Section 4 of the Illinois Living Will Act, determines that the individual has a terminal condition and records the condition in the individual's medical record, then the individual's surrogate decision maker, in the order of priority under subsection (a) of Section 25, is authorized to consent to a POLST on behalf of the individual to ensure that the individual's wishes are respected.

Senate Committee Amendment No. 1
Deletes reference to:
755 ILCS 40/65
Adds reference to:
755 ILCS 35/3from Ch. 110 1/2, par. 703
755 ILCS 35/3.5 new
755 ILCS 40/15from Ch. 110 1/2, par. 851-15
755 ILCS 40/20from Ch. 110 1/2, par. 851-20
Replaces everything after the enacting clause. Amends the Illinois Living Will Act. Creates an order of priority for authority to transfer a patient to another physician if the patient is unable to do so as follows: (i) the patient's surrogate decision-maker under the Health Care Surrogate Act, (ii) any person authorized by the patient to make such arrangements, and (iii) any member of the patient's family. Amends the Health Care Surrogate Act to delete the applicability of that Act if the patient has an operative and unrevoked living will under the Illinois Living Will Act.

Senate Floor Amendment No. 2
Deletes reference to:
755 ILCS 40/15from Ch. 110 1/2, par. 851-15
755 ILCS 40/65
Adds reference to:
755 ILCS 35/9from Ch. 110 1/2, par. 709
755 ILCS 35/9.5 new
Replaces everything after the enacting clause with the following. Amends the Illinois Living Will Act. Provides that the Illinois Power of Attorney Act governs the applicability of the Act if a patient has a health care agency. Provides that notwithstanding any other provision in the Illinois Living Will Act, a declaration is not operative as long as an agent is available who is authorized to make decisions concerning life-sustaining or death delaying procedures for the patient. Provides that a physician, health care provider, employee, or facility may not require the execution of a POLST or other such similar form to make effective the qualified patient's declaration if a patient has been determined to be a qualified patient. Provides that a physician, health care provider, employee, or facility may rely on and must comply with a qualified patient's declaration that is apparent and immediately available if a patient has been determined to be a qualified patient except as otherwise provided in this Act. Provides that nothing in the Act impairs or supersedes a surrogate decision maker's authority to make decisions regarding life-sustaining treatment on behalf of a patient who lacks decisional capacity and has a qualifying condition as defined in the Health Care Surrogate Act. Provides that a declaration under the Illinois Living Will Act becomes operative when: (1) it has been validly executed; (2) it has not been properly revoked; (3) the patient is unable to give directions regarding the use of life-sustaining or death delaying procedures; and (4) the patient is a qualified patient.
Actions
Date Chamber Action
1/31/2025 Senate Filed with Secretary by Sen. Laura Fine
1/31/2025 Senate First Reading
1/31/2025 Senate Referred to Assignments
2/11/2025 Senate Assigned to Judiciary
2/20/2025 Senate Postponed - Judiciary
3/06/2025 Senate Postponed - Judiciary
3/11/2025 Senate Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine
3/11/2025 Senate Senate Committee Amendment No. 1 Referred to Assignments
3/18/2025 Senate Senate Committee Amendment No. 1 Assignments Refers to Judiciary
3/19/2025 Senate Senate Committee Amendment No. 1 Adopted
3/19/2025 Senate Do Pass as Amended Judiciary; 009-000-000
3/19/2025 Senate Placed on Calendar Order of 2nd Reading March 20, 2025
3/20/2025 Senate Second Reading
3/20/2025 Senate Placed on Calendar Order of 3rd Reading April 1, 2025
4/03/2025 Senate Senate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Fine
4/03/2025 Senate Senate Floor Amendment No. 2 Referred to Assignments
4/08/2025 Senate Senate Floor Amendment No. 2 Assignments Refers to Judiciary
4/09/2025 Senate Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 008-000-000
4/10/2025 Senate Recalled to Second Reading
4/10/2025 Senate Senate Floor Amendment No. 2 Adopted; Fine
4/10/2025 Senate Placed on Calendar Order of 3rd Reading
4/10/2025 Senate Third Reading - Passed; 055-000-000
4/10/2025 House Arrived in House
4/10/2025 House Chief House Sponsor Rep. Jennifer Gong-Gershowitz
4/11/2025 House First Reading
4/11/2025 House Referred to Rules Committee
4/17/2025 House Assigned to Judiciary - Civil Committee
4/23/2025 House Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000
4/23/2025 House Placed on Calendar 2nd Reading - Short Debate
5/16/2025 House Second Reading - Short Debate
5/16/2025 House Held on Calendar Order of Second Reading - Short Debate
5/20/2025 House Added Alternate Chief Co-Sponsor Rep. Bob Morgan
5/20/2025 House Added Alternate Chief Co-Sponsor Rep. Daniel Didech
5/20/2025 House Added Alternate Chief Co-Sponsor Rep. Margaret Croke
5/22/2025 House Placed on Calendar Order of 3rd Reading - Short Debate
5/22/2025 House Third Reading - Short Debate - Passed 112-000-000
5/22/2025 Senate Passed Both Houses
6/20/2025 Senate Sent to the Governor
8/15/2025 Senate Governor Approved
8/15/2025 Senate Effective Date January 1, 2026
8/15/2025 Senate Public Act . . . . . . . . . 104-0378