Illinois General Assembly - Full Text of SB0182
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Full Text of SB0182  101st General Assembly

SB0182enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
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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 1. Purposes and construction. This Act shall be
5construed consistently with what is reasonable under the
6circumstances and to effectuate the following purposes:
7    (1) To enable an individual to easily document and share
8the individual's advance care planning wishes.
9    (2) To facilitate electronic capture, transmission, and
10storage of an individual's advance care planning wishes by
11means of a reliable electronic solution.
12    (3) To facilitate and promote the sharing of an
13individual's advance care planning wishes among care providers
14by eliminating barriers resulting from paper documents
15containing these wishes that are not easily transferred and
16accessed, thus promoting the opportunity for the patient's
17wishes to be known in all of the health care settings the
18patient may encounter.
 
19    Section 5. The Electronic Commerce Security Act is amended
20by changing Sections 5-115 and 5-120 as follows:
 
21    (5 ILCS 175/5-115)
22    Sec. 5-115. Electronic records.

 

 

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1    (a) Where a rule of law requires information to be
2"written" or "in writing", or provides for certain consequences
3if it is not, an electronic record satisfies that rule of law.
4    (b) The provisions of this Section shall not apply:
5        (1) when its application would involve a construction
6    of a rule of law that is clearly inconsistent with the
7    manifest intent of the lawmaking body or repugnant to the
8    context of the same rule of law, provided that the mere
9    requirement that information be "in writing", "written",
10    or "printed" shall not by itself be sufficient to establish
11    such intent;
12        (2) to any rule of law governing the creation or
13    execution of a will or trust, living will, or healthcare
14    power of attorney; and
15        (3) to any record that serves as a unique and
16    transferable instrument of rights and obligations
17    including, without limitation, negotiable instruments and
18    other instruments of title wherein possession of the
19    instrument is deemed to confer title, unless an electronic
20    version of such record is created, stored, and transferred
21    in a manner that allows for the existence of only one
22    unique, identifiable, and unalterable original with the
23    functional attributes of an equivalent physical
24    instrument, that can be possessed by only one person, and
25    which cannot be copied except in a form that is readily
26    identifiable as a copy.

 

 

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1(Source: P.A. 90-759, eff. 7-1-99.)
 
2    (5 ILCS 175/5-120)
3    Sec. 5-120. Electronic signatures.
4    (a) Where a rule of law requires a signature, or provides
5for certain consequences if a document is not signed, an
6electronic signature satisfies that rule of law.
7    (a-5) In the course of exercising any permitting,
8licensing, or other regulatory function, a municipality may
9accept, but shall not require, documents with an electronic
10signature, including, but not limited to, the technical
11submissions of a design professional with an electronic
12signature.
13    (b) An electronic signature may be proved in any manner,
14including by showing that a procedure existed by which a party
15must of necessity have executed a symbol or security procedure
16for the purpose of verifying that an electronic record is that
17of such party in order to proceed further with a transaction.
18    (c) The provisions of this Section shall not apply:
19        (1) when its application would involve a construction
20    of a rule of law that is clearly inconsistent with the
21    manifest intent of the lawmaking body or repugnant to the
22    context of the same rule of law, provided that the mere
23    requirement of a "signature" or that a record be "signed"
24    shall not by itself be sufficient to establish such intent;
25        (2) to any rule of law governing the creation or

 

 

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1    execution of a will or trust, living will, or healthcare
2    power of attorney; and
3        (3) to any record that serves as a unique and
4    transferable instrument of rights and obligations
5    including, without limitation, negotiable instruments and
6    other instruments of title wherein possession of the
7    instrument is deemed to confer title, unless an electronic
8    version of such record is created, stored, and transferred
9    in a manner that allows for the existence of only one
10    unique, identifiable, and unalterable original with the
11    functional attributes of an equivalent physical
12    instrument, that can be possessed by only one person, and
13    which cannot be copied except in a form that is readily
14    identifiable as a copy.
15(Source: P.A. 98-289, eff. 1-1-14.)
 
16    Section 10. The Department of Public Health Powers and
17Duties Law of the Civil Administrative Code of Illinois is
18amended by changing Section 2310-600 as follows:
 
19    (20 ILCS 2310/2310-600)
20    Sec. 2310-600. Advance directive information.
21    (a) The Department of Public Health shall prepare and
22publish the summary of advance directives law, as required by
23the federal Patient Self-Determination Act, and related forms.
24Publication may be limited to the World Wide Web. The summary

 

 

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1required under this subsection (a) must include the Department
2of Public Health Uniform POLST form.
3    (b) The Department of Public Health shall publish Spanish
4language versions of the following:
5        (1) The statutory Living Will Declaration form.
6        (2) The Illinois Statutory Short Form Power of Attorney
7    for Health Care.
8        (3) The statutory Declaration of Mental Health
9    Treatment Form.
10        (4) The summary of advance directives law in Illinois.
11        (5) The Department of Public Health Uniform POLST form.
12    Publication may be limited to the World Wide Web.
13    (b-5) In consultation with a statewide professional
14organization representing physicians licensed to practice
15medicine in all its branches, statewide organizations
16representing physician assistants, advanced practice
17registered nurses, nursing homes, registered professional
18nurses, and emergency medical systems, and a statewide
19organization representing hospitals, the Department of Public
20Health shall develop and publish a uniform form for
21practitioner cardiopulmonary resuscitation (CPR) or
22life-sustaining treatment orders that may be utilized in all
23settings. The form shall meet the published minimum
24requirements to nationally be considered a practitioner orders
25for life-sustaining treatment form, or POLST, and may be
26referred to as the Department of Public Health Uniform POLST

 

 

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1form. An electronic version of the Uniform POLST form under
2this Act may be created, signed, or revoked electronically
3using a generic, technology-neutral system in which each user
4is assigned a unique identifier that is securely maintained and
5in a manner that meets the regulatory requirements for a
6digital or electronic signature. Compliance with the standards
7defined in the Electronic Commerce Security Act or the
8implementing rules of the Hospital Licensing Act for medical
9record entry authentication for author validation of the
10documentation, content accuracy, and completeness meets this
11standard. This form does not replace a physician's or other
12practitioner's authority to make a do-not-resuscitate (DNR)
13order.
14    (b-10) In consultation with a statewide professional
15organization representing physicians licensed to practice
16medicine in all its branches, statewide organizations
17representing physician assistants, advanced practice
18registered nurses, nursing homes, registered professional
19nurses, and emergency medical systems, a statewide bar
20association, a national bar association with an Illinois
21chapter that concentrates in elder and disability law, a
22not-for-profit organ procurement organization that coordinates
23organ and tissue donation, a statewide committee or group
24responsible for stakeholder education about POLST issues, and a
25statewide organization representing hospitals, the Department
26of Public Health shall study the feasibility of creating a

 

 

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1statewide registry of advance directives and POLST forms. The
2registry would allow residents of this State to submit the
3forms and for the forms to be made available to health care
4providers and professionals in a timely manner for the
5provision of care or services. This study must be filed with
6the General Assembly on or before January 1, 2021.
7    (c) (Blank).
8    (d) The Department of Public Health shall publish the
9Department of Public Health Uniform POLST form reflecting the
10changes made by this amendatory Act of the 98th General
11Assembly no later than January 1, 2015.
12(Source: P.A. 99-319, eff. 1-1-16; 99-581, eff. 1-1-17;
13100-513, eff. 1-1-18.)
 
14    Section 15. The Illinois Living Will Act is amended by
15changing Sections 2, 5, and 9 as follows:
 
16    (755 ILCS 35/2)  (from Ch. 110 1/2, par. 702)
17    Sec. 2. Definitions:
18    (a) "Attending physician" means the physician selected by,
19or assigned to, the patient who has primary responsibility for
20the treatment and care of the patient.
21    (b) "Declaration" means a witnessed document in writing, in
22a hard copy or electronic format, voluntarily executed by the
23declarant in accordance with the requirements of Section 3.
24    (c) "Health-care provider" means a person who is licensed,

 

 

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1certified or otherwise authorized by the law of this State to
2administer health care in the ordinary course of business or
3practice of a profession.
4    (d) "Death delaying procedure" means any medical procedure
5or intervention which, when applied to a qualified patient, in
6the judgement of the attending physician would serve only to
7postpone the moment of death. In appropriate circumstances,
8such procedures include, but are not limited to, assisted
9ventilation, artificial kidney treatments, intravenous feeding
10or medication, blood transfusions, tube feeding and other
11procedures of greater or lesser magnitude that serve only to
12delay death. However, this Act does not affect the
13responsibility of the attending physician or other health care
14provider to provide treatment for a patient's comfort care or
15alleviation of pain. Nutrition and hydration shall not be
16withdrawn or withheld from a qualified patient if the
17withdrawal or withholding would result in death solely from
18dehydration or starvation rather than from the existing
19terminal condition.
20    (e) "Person" means an individual, corporation, business
21trust, estate, trust, partnership, association, government,
22governmental subdivision or agency, or any other legal entity.
23    (f) "Physician" means a person licensed to practice
24medicine in all its branches.
25    (g) "Qualified patient" means a patient who has executed a
26declaration in accordance with this Act and who has been

 

 

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1diagnosed and verified in writing to be afflicted with a
2terminal condition by his or her attending physician who has
3personally examined the patient. A qualified patient has the
4right to make decisions regarding death delaying procedures as
5long as he or she is able to do so.
6    (h) "Terminal condition" means an incurable and
7irreversible condition which is such that death is imminent and
8the application of death delaying procedures serves only to
9prolong the dying process.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    (755 ILCS 35/5)  (from Ch. 110 1/2, par. 705)
12    Sec. 5. Revocation. (a) A declaration may be revoked at any
13time by the declarant, without regard to declarant's mental or
14physical condition, by any of the following methods:
15    (1) By being obliterated, burnt, torn or otherwise
16destroyed or defaced in a manner indicating intention to
17cancel;
18    (2) By a written revocation of the declaration signed and
19dated by the declarant or person acting at the direction of the
20declarant, regardless of whether the written revocation is in
21electronic or hard copy format; or
22    (3) By an a oral or any other expression of the intent to
23revoke the declaration, in the presence of a witness 18 years
24of age or older who signs and dates a writing confirming that
25such expression of intent was made; or .

 

 

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1    (4) For an electronic declaration, by deleting in a manner
2indicating the intention to revoke. An electronic declaration
3may be revoked electronically using a generic,
4technology-neutral system in which each user is assigned a
5unique identifier that is securely maintained and in a manner
6that meets the regulatory requirements for a digital or
7electronic signature. Compliance with the standards defined in
8the Electronic Commerce Security Act or the implementing rules
9of the Hospital Licensing Act for medical record entry
10authentication for author validation of the documentation,
11content accuracy, and completeness meets this standard.
12    (b) A revocation is effective upon communication to the
13attending physician by the declarant or by another who
14witnessed the revocation. The attending physician shall record
15in the patient's medical record the time and date when and the
16place where he or she received notification of the revocation.
17    (c) There shall be no criminal or civil liability on the
18part of any person for failure to act upon a revocation made
19pursuant to this Section unless that person has actual
20knowledge of the revocation.
21(Source: P.A. 85-860.)
 
22    (755 ILCS 35/9)  (from Ch. 110 1/2, par. 709)
23    Sec. 9. General provisions. (a) The withholding or
24withdrawal of death delaying procedures from a qualified
25patient in accordance with the provisions of this Act shall

 

 

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1not, for any purpose, constitute a suicide.
2    (b) The making of a declaration pursuant to Section 3 shall
3not affect in any manner the sale, procurement, or issuance of
4any policy of life insurance, nor shall it be deemed to modify
5the terms of an existing policy of life insurance. No policy of
6life insurance shall be legally impaired or invalidated in any
7manner by the withholding or withdrawal of death delaying
8procedures from an insured qualified patient, notwithstanding
9any term of the policy to the contrary.
10    (c) No physician, health care facility, or other health
11care provider, and no health care service plan, health
12maintenance organization, insurer issuing disability
13insurance, self-insured employee employe welfare benefit plan,
14nonprofit medical service corporation or mutual nonprofit
15hospital service corporation shall require any person to
16execute a declaration as a condition for being insured for, or
17receiving, health care services.
18    (d) Nothing in this Act shall impair or supersede any legal
19right or legal responsibility which any person may have to
20effect the withholding or withdrawal of death delaying
21procedures in any lawful manner. In such respect the provisions
22of this Act are cumulative.
23    (e) This Act shall create no presumption concerning the
24intention of an individual who has not executed a declaration
25to consent to the use or withholding of death delaying
26procedures in the event of a terminal condition.

 

 

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1    (f) Nothing in this Act shall be construed to condone,
2authorize or approve mercy killing or to permit any affirmative
3or deliberate act or omission to end life other than to permit
4the natural process of dying as provided in this Act.
5    (g) An instrument executed before the effective date of
6this Act that substantially complies with subsection paragraph
7(e) of Section 3 shall be given effect pursuant to the
8provisions of this Act.
9    (h) A declaration executed in another state in compliance
10with the law of that state or this State is validly executed
11for purposes of this Act, and such declaration shall be applied
12in accordance with the provisions of this Act.
13    (i) Documents, writings, forms, and copies referred to in
14this Act may be in hard copy or electronic format. Nothing in
15this Act is intended to prevent the population of a
16declaration, document, writing, or form with electronic data.
17Electronic documents under this Act may be created, signed, or
18revoked electronically using a generic, technology-neutral
19system in which each user is assigned a unique identifier that
20is securely maintained and in a manner that meets the
21regulatory requirements for a digital or electronic signature.
22Compliance with the standards defined in the Electronic
23Commerce Security Act or the implementing rules of the Hospital
24Licensing Act for medical record entry authentication for
25author validation of the documentation, content accuracy, and
26completeness meets this standard.

 

 

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1(Source: P.A. 85-860.)
 
2    Section 20. The Health Care Surrogate Act is amended by
3adding Section 70 as follows:
 
4    (755 ILCS 40/70 new)
5    Sec. 70. Format. The affidavit, medical record, documents,
6and forms referred to in this Act may be in hard copy or
7electronic format. Nothing in this Act is intended to prevent
8the population of an affidavit, medical record, document, or
9form with electronic data. A living will, mental health
10treatment preferences declaration, practitioner orders for
11life-sustaining treatment (POLST), or power of attorney for
12health care that is populated with electronic data is
13operative. Electronic documents under this Act may be created,
14signed, or revoked electronically using a generic,
15technology-neutral system in which each user is assigned a
16unique identifier that is securely maintained and in a manner
17that meets the regulatory requirements for a digital or
18electronic signature. Compliance with the standards defined in
19the Electronic Commerce Security Act or the implementing rules
20of the Hospital Licensing Act for medical record entry
21authentication for author validation of the documentation,
22content accuracy, and completeness meets this standard.
 
23    Section 25. The Mental Health Treatment Preference

 

 

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1Declaration Act is amended by changing Sections 5, 20, and 50
2and by adding Section 23 as follows:
 
3    (755 ILCS 43/5)
4    Sec. 5. Definitions. As used in this Act:
5    (1) "Adult" shall have the same meaning as provided in
6Section 10 of the Health Care Surrogate Act.
7    (2) "Attending physician" shall have the same meaning as
8provided in Section 10 of the Healthcare Surrogate Act.
9    (3) "Attorney-in-fact" means an adult validly appointed
10under this Act to make mental health treatment decisions for a
11principal under a declaration for mental health treatment and
12also means an alternative attorney-in-fact.
13    (4) "Declaration" means a document, in hard copy or
14electronic format, making a declaration of preferences or
15instructions regarding mental health treatment.
16    (5) "Incapable" means that, in the opinion of 2 physicians
17or the court, a person's ability to receive and evaluate
18information effectively or communicate decisions is impaired
19to such an extent that the person currently lacks the capacity
20to make mental health treatment decisions.
21    (6) "Mental Health Facility" shall have the same meaning as
22provided in Section 1-114 of the Mental Health and
23Developmental Disabilities Code.
24    (7) "Mental health treatment" means electroconvulsive
25treatment, treatment of mental illness with psychotropic

 

 

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1medication, and admission to and retention in a mental health
2facility for a period not to exceed 17 days for care or
3treatment of mental illness.
4    (8) "Physician" means a physician or psychiatrist as
5defined in Sections 1-120 and 1-121, respectively, of the
6Mental Health and Developmental Disabilities Code.
7    (9) "Principal" means the person making a declaration for
8his or her personal mental health treatment.
9    (10) "Provider" means any mental health facility or any
10other person which is devoted in whole or part to providing
11mental health services.
12(Source: P.A. 89-439, eff. 6-1-96.)
 
13    (755 ILCS 43/20)
14    Sec. 20. Signatures required.
15    (a) A declaration is effective only if it is signed by the
16principal, and 2 competent adult witnesses. The witnesses must
17attest that the principal is known to them, signed the
18declaration in their presence and appears to be of sound mind
19and not under duress, fraud or undue influence. Persons
20specified in Section 65 of this Act may not act as witnesses.
21    (b) The signature and execution requirements set forth in
22this Act are satisfied by: (i) written signatures or initials;
23or (ii) electronic signatures or computer-generated signature
24codes. Electronic documents under this Act may be created,
25signed, or revoked electronically using a generic,

 

 

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1technology-neutral system in which each user is assigned a
2unique identifier that is securely maintained and in a manner
3that meets the regulatory requirements for a digital or
4electronic signature. Compliance with the standards defined in
5the Electronic Commerce Security Act or the implementing rules
6of the Hospital Licensing Act for medical record entry
7authentication for author validation of the documentation,
8content accuracy, and completeness meets this standard.
9(Source: P.A. 89-439, eff. 6-1-96.)
 
10    (755 ILCS 43/23 new)
11    Sec. 23. Format. Documents, writings, and forms referred to
12in this Act may be in hard copy or electronic format. Nothing
13in this Act is intended to prevent the population of a
14declaration, document, writing, or form with electronic data.
 
15    (755 ILCS 43/50)
16    Sec. 50. Revocation. A declaration may be revoked in whole
17or in part by written statement at any time by the principal if
18the principal is not incapable, regardless of whether the
19written revocation is in an electronic or hard copy format. A
20written statement of revocation is effective when signed by the
21principal and a physician and the principal delivers the
22revocation to the attending physician. An electronic
23declaration may be revoked electronically using a generic,
24technology-neutral system in which each user is assigned a

 

 

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1unique identifier that is securely maintained and in a manner
2that meets the regulatory requirements for a digital or
3electronic signature. Compliance with the standards defined in
4the Electronic Commerce Security Act or the implementing rules
5of the Hospital Licensing Act for medical record entry
6authentication for author validation of the documentation,
7content accuracy, and completeness meets this standard. The
8attending physician shall note the revocation as part of the
9principal's medical record.
10(Source: P.A. 89-439, eff. 6-1-96.)
 
11    Section 30. The Illinois Power of Attorney Act is amended
12by changing Sections 4-4, 4-6, 4-9, and 4-10 and by adding
13Section 4-4.1 as follows:
 
14    (755 ILCS 45/4-4)  (from Ch. 110 1/2, par. 804-4)
15    Sec. 4-4. Definitions. As used in this Article:
16    (a) "Attending physician" means the physician who has
17primary responsibility at the time of reference for the
18treatment and care of the patient.
19    (b) "Health care" means any care, treatment, service or
20procedure to maintain, diagnose, treat or provide for the
21patient's physical or mental health or personal care.
22    (c) "Health care agency" means an agency governing any type
23of health care, anatomical gift, autopsy or disposition of
24remains for and on behalf of a patient and refers, in either

 

 

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1hard copy or electronic format, to the power of attorney or
2other written instrument defining the agency or the agency,
3itself, as appropriate to the context.
4    (d) "Health care provider", "health care professional", or
5"provider" means the attending physician and any other person
6administering health care to the patient at the time of
7reference who is licensed, certified, or otherwise authorized
8or permitted by law to administer health care in the ordinary
9course of business or the practice of a profession, including
10any person employed by or acting for any such authorized
11person.
12    (e) "Patient" means the principal or, if the agency governs
13health care for a minor child of the principal, then the child.
14    (e-5) "Health care agent" means an individual at least 18
15years old designated by the principal to make health care
16decisions of any type, including, but not limited to,
17anatomical gift, autopsy, or disposition of remains for and on
18behalf of the individual. A health care agent is a personal
19representative under state and federal law. The health care
20agent has the authority of a personal representative under both
21state and federal law unless restricted specifically by the
22health care agency.
23    (f) (Blank).
24    (g) (Blank).
25    (h) (Blank).
26(Source: P.A. 98-1113, eff. 1-1-15.)
 

 

 

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1    (755 ILCS 45/4-4.1 new)
2    Sec. 4-4.1. Format. Documents, writings, forms, and copies
3referred to in this Article may be in hard copy or electronic
4format. Nothing in this Article is intended to prevent the
5population of a written instrument of a health care agency,
6document, writing, or form with electronic data.
 
7    (755 ILCS 45/4-6)  (from Ch. 110 1/2, par. 804-6)
8    Sec. 4-6. Revocation and amendment of health care agencies.
9    (a) Every health care agency may be revoked by the
10principal at any time, without regard to the principal's mental
11or physical condition, by any of the following methods:
12    1. By being obliterated, burnt, torn or otherwise destroyed
13or defaced in a manner indicating intention to revoke;
14    2. By a written revocation of the agency signed and dated
15by the principal or person acting at the direction of the
16principal, regardless of whether the written revocation is in
17an electronic or hard copy format; or
18    3. By an oral or any other expression of the intent to
19revoke the agency in the presence of a witness 18 years of age
20or older who signs and dates a writing confirming that such
21expression of intent was made; or .
22    4. For an electronic health care agency, by deleting in a
23manner indicating the intention to revoke. An electronic health
24care agency may be revoked electronically using a generic,

 

 

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1technology-neutral system in which each user is assigned a
2unique identifier that is securely maintained and in a manner
3that meets the regulatory requirements for a digital or
4electronic signature. Compliance with the standards defined in
5the Electronic Commerce Security Act or the implementing rules
6of the Hospital Licensing Act for medical record entry
7authentication for author validation of the documentation,
8content accuracy, and completeness meets this standard.
9    (b) Every health care agency may be amended at any time by
10a written amendment signed and dated by the principal or person
11acting at the direction of the principal.
12    (c) Any person, other than the agent, to whom a revocation
13or amendment is communicated or delivered shall make all
14reasonable efforts to inform the agent of that fact as promptly
15as possible.
16(Source: P.A. 85-701.)
 
17    (755 ILCS 45/4-9)  (from Ch. 110 1/2, par. 804-9)
18    Sec. 4-9. Penalties. All persons shall be subject to the
19following sanctions in relation to health care agencies, in
20addition to all other sanctions applicable under any other law
21or rule of professional conduct:
22    (a) Any person shall be civilly liable who, without the
23principal's consent: (i) , wilfully conceals, cancels, or
24alters a health care agency or any amendment or revocation of
25the agency; (ii) or who falsifies or forges a health care

 

 

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1agency, amendment, or revocation; or (iii) enters information
2in an electronic system under the persona of the principal.
3    (b) A person who falsifies or forges a health care agency,
4enters information in an electronic system under the persona of
5the principal, or wilfully conceals or withholds personal
6knowledge of an amendment or revocation of a health care agency
7with the intent to cause a withholding or withdrawal of
8life-sustaining or death-delaying procedures contrary to the
9intent of the principal and thereby, because of such act,
10directly causes life-sustaining or death-delaying procedures
11to be withheld or withdrawn and death to the patient to be
12hastened shall be subject to prosecution for involuntary
13manslaughter.
14    (c) Any person who requires or prevents execution of a
15health care agency as a condition of insuring or providing any
16type of health care services to the patient shall be civilly
17liable and guilty of a Class A misdemeanor.
18(Source: P.A. 85-701.)
 
19    (755 ILCS 45/4-10)  (from Ch. 110 1/2, par. 804-10)
20    Sec. 4-10. Statutory short form power of attorney for
21health care.
22    (a) The form prescribed in this Section (sometimes also
23referred to in this Act as the "statutory health care power")
24may be used to grant an agent powers with respect to the
25principal's own health care; but the statutory health care

 

 

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1power is not intended to be exclusive nor to cover delegation
2of a parent's power to control the health care of a minor
3child, and no provision of this Article shall be construed to
4invalidate or bar use by the principal of any other or
5different form of power of attorney for health care.
6Nonstatutory health care powers must be executed by the
7principal, designate the agent and the agent's powers, and
8comply with the limitations in Section 4-5 of this Article, but
9they need not be witnessed or conform in any other respect to
10the statutory health care power.
11    No specific format is required for the statutory health
12care power of attorney other than the notice must precede the
13form. The statutory health care power may be included in or
14combined with any other form of power of attorney governing
15property or other matters.
16    The signature and execution requirements set forth in this
17Article are satisfied by: (i) written signatures or initials;
18or (ii) electronic signatures or computer-generated signature
19codes. Electronic documents under this Act may be created,
20signed, or revoked electronically using a generic,
21technology-neutral system in which each user is assigned a
22unique identifier that is securely maintained and in a manner
23that meets the regulatory requirements for a digital or
24electronic signature. Compliance with the standards defined in
25the Electronic Commerce Security Act or the implementing rules
26of the Hospital Licensing Act for medical record entry

 

 

SB0182 Enrolled- 23 -LRB101 04969 LNS 49978 b

1authentication for author validation of the documentation,
2content accuracy, and completeness meets this standard.
3    (b) The Illinois Statutory Short Form Power of Attorney for
4Health Care shall be substantially as follows:
 
5
NOTICE TO THE INDIVIDUAL SIGNING
6
THE POWER OF ATTORNEY FOR HEALTH CARE
7    No one can predict when a serious illness or accident might
8occur. When it does, you may need someone else to speak or make
9health care decisions for you. If you plan now, you can
10increase the chances that the medical treatment you get will be
11the treatment you want.
12    In Illinois, you can choose someone to be your "health care
13agent". Your agent is the person you trust to make health care
14decisions for you if you are unable or do not want to make them
15yourself. These decisions should be based on your personal
16values and wishes.
17    It is important to put your choice of agent in writing. The
18written form is often called an "advance directive". You may
19use this form or another form, as long as it meets the legal
20requirements of Illinois. There are many written and on-line
21resources to guide you and your loved ones in having a
22conversation about these issues. You may find it helpful to
23look at these resources while thinking about and discussing
24your advance directive.
 

 

 

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1
WHAT ARE THE THINGS I WANT MY
2
HEALTH CARE AGENT TO KNOW?
3    The selection of your agent should be considered carefully,
4as your agent will have the ultimate decision-making decision
5making authority once this document goes into effect, in most
6instances after you are no longer able to make your own
7decisions. While the goal is for your agent to make decisions
8in keeping with your preferences and in the majority of
9circumstances that is what happens, please know that the law
10does allow your agent to make decisions to direct or refuse
11health care interventions or withdraw treatment. Your agent
12will need to think about conversations you have had, your
13personality, and how you handled important health care issues
14in the past. Therefore, it is important to talk with your agent
15and your family about such things as:
16        (i) What is most important to you in your life?
17        (ii) How important is it to you to avoid pain and
18    suffering?
19        (iii) If you had to choose, is it more important to you
20    to live as long as possible, or to avoid prolonged
21    suffering or disability?
22        (iv) Would you rather be at home or in a hospital for
23    the last days or weeks of your life?
24        (v) Do you have religious, spiritual, or cultural
25    beliefs that you want your agent and others to consider?
26        (vi) Do you wish to make a significant contribution to

 

 

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1    medical science after your death through organ or whole
2    body donation?
3        (vii) Do you have an existing advance advanced
4    directive, such as a living will, that contains your
5    specific wishes about health care that is only delaying
6    your death? If you have another advance directive, make
7    sure to discuss with your agent the directive and the
8    treatment decisions contained within that outline your
9    preferences. Make sure that your agent agrees to honor the
10    wishes expressed in your advance directive.
 
11
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
12    If there is ever a period of time when your physician
13determines that you cannot make your own health care decisions,
14or if you do not want to make your own decisions, some of the
15decisions your agent could make are to:
16        (i) talk with physicians and other health care
17    providers about your condition.
18        (ii) see medical records and approve who else can see
19    them.
20        (iii) give permission for medical tests, medicines,
21    surgery, or other treatments.
22        (iv) choose where you receive care and which physicians
23    and others provide it.
24        (v) decide to accept, withdraw, or decline treatments
25    designed to keep you alive if you are near death or not

 

 

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1    likely to recover. You may choose to include guidelines
2    and/or restrictions to your agent's authority.
3        (vi) agree or decline to donate your organs or your
4    whole body if you have not already made this decision
5    yourself. This could include donation for transplant,
6    research, and/or education. You should let your agent know
7    whether you are registered as a donor in the First Person
8    Consent registry maintained by the Illinois Secretary of
9    State or whether you have agreed to donate your whole body
10    for medical research and/or education.
11        (vii) decide what to do with your remains after you
12    have died, if you have not already made plans.
13        (viii) talk with your other loved ones to help come to
14    a decision (but your designated agent will have the final
15    say over your other loved ones).
16    Your agent is not automatically responsible for your health
17care expenses.
 
18
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
19    You can pick a family member, but you do not have to. Your
20agent will have the responsibility to make medical treatment
21decisions, even if other people close to you might urge a
22different decision. The selection of your agent should be done
23carefully, as he or she will have ultimate decision-making
24authority for your treatment decisions once you are no longer
25able to voice your preferences. Choose a family member, friend,

 

 

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1or other person who:
2        (i) is at least 18 years old;
3        (ii) knows you well;
4        (iii) you trust to do what is best for you and is
5    willing to carry out your wishes, even if he or she may not
6    agree with your wishes;
7        (iv) would be comfortable talking with and questioning
8    your physicians and other health care providers;
9        (v) would not be too upset to carry out your wishes if
10    you became very sick; and
11        (vi) can be there for you when you need it and is
12    willing to accept this important role.
 
13
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
14
UNWILLING TO MAKE DECISIONS FOR ME?
15    If the person who is your first choice is unable to carry
16out this role, then the second agent you chose will make the
17decisions; if your second agent is not available, then the
18third agent you chose will make the decisions. The second and
19third agents are called your successor agents and they function
20as back-up agents to your first choice agent and may act only
21one at a time and in the order you list them.
 
22
WHAT WILL HAPPEN IF I DO NOT
23
CHOOSE A HEALTH CARE AGENT?
24    If you become unable to make your own health care decisions

 

 

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1and have not named an agent in writing, your physician and
2other health care providers will ask a family member, friend,
3or guardian to make decisions for you. In Illinois, a law
4directs which of these individuals will be consulted. In that
5law, each of these individuals is called a "surrogate".
6    There are reasons why you may want to name an agent rather
7than rely on a surrogate:
8        (i) The person or people listed by this law may not be
9    who you would want to make decisions for you.
10        (ii) Some family members or friends might not be able
11    or willing to make decisions as you would want them to.
12        (iii) Family members and friends may disagree with one
13    another about the best decisions.
14        (iv) Under some circumstances, a surrogate may not be
15    able to make the same kinds of decisions that an agent can
16    make.
 
17
WHAT IF THERE IS NO ONE AVAILABLE
18
WHOM I TRUST TO BE MY AGENT?
19    In this situation, it is especially important to talk to
20your physician and other health care providers and create
21written guidance about what you want or do not want, in case
22you are ever critically ill and cannot express your own wishes.
23You can complete a living will. You can also write your wishes
24down and/or discuss them with your physician or other health
25care provider and ask him or her to write it down in your

 

 

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1chart. You might also want to use written or on-line resources
2to guide you through this process.
 
3
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
4    Follow these instructions after you have completed the
5form:
6        (i) Sign the form in front of a witness. See the form
7    for a list of who can and cannot witness it.
8        (ii) Ask the witness to sign it, too.
9        (iii) There is no need to have the form notarized.
10        (iv) Give a copy to your agent and to each of your
11    successor agents.
12        (v) Give another copy to your physician.
13        (vi) Take a copy with you when you go to the hospital.
14        (vii) Show it to your family and friends and others who
15    care for you.
 
16
WHAT IF I CHANGE MY MIND?
17    You may change your mind at any time. If you do, tell
18someone who is at least 18 years old that you have changed your
19mind, and/or destroy your document and any copies. If you wish,
20fill out a new form and make sure everyone you gave the old
21form to has a copy of the new one, including, but not limited
22to, your agents and your physicians.
 
23
WHAT IF I DO NOT WANT TO USE THIS FORM?

 

 

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1    In the event you do not want to use the Illinois statutory
2form provided here, any document you complete must be executed
3by you, designate an agent who is over 18 years of age and not
4prohibited from serving as your agent, and state the agent's
5powers, but it need not be witnessed or conform in any other
6respect to the statutory health care power.
7    If you have questions about the use of any form, you may
8want to consult your physician, other health care provider,
9and/or an attorney.
 
10
MY POWER OF ATTORNEY FOR HEALTH CARE

 
11THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
12FOR HEALTH CARE. (You must sign this form and a witness must
13also sign it before it is valid)
 
14My name (Print your full name):..........
15My address:..................................................
 
16I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
17(an agent is your personal representative under state and
18federal law):
19(Agent name).................
20(Agent address).............
21(Agent phone number).........................................
 

 

 

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1(Please check box if applicable) .... If a guardian of my
2person is to be appointed, I nominate the agent acting under
3this power of attorney as guardian.
 
4SUCCESSOR HEALTH CARE AGENT(S) (optional):
5    If the agent I selected is unable or does not want to make
6health care decisions for me, then I request the person(s) I
7name below to be my successor health care agent(s). Only one
8person at a time can serve as my agent (add another page if you
9want to add more successor agent names):
10.....................
11(Successor agent #1 name, address and phone number)
12..........
13(Successor agent #2 name, address and phone number)
 
14MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
15        (i) Deciding to accept, withdraw or decline treatment
16    for any physical or mental condition of mine, including
17    life-and-death decisions.
18        (ii) Agreeing to admit me to or discharge me from any
19    hospital, home, or other institution, including a mental
20    health facility.
21        (iii) Having complete access to my medical and mental
22    health records, and sharing them with others as needed,
23    including after I die.
24        (iv) Carrying out the plans I have already made, or, if

 

 

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1    I have not done so, making decisions about my body or
2    remains, including organ, tissue or whole body donation,
3    autopsy, cremation, and burial.
4    The above grant of power is intended to be as broad as
5possible so that my agent will have the authority to make any
6decision I could make to obtain or terminate any type of health
7care, including withdrawal of nutrition and hydration and other
8life-sustaining measures.
 
9I AUTHORIZE MY AGENT TO (please check any one box):
10    .... Make decisions for me only when I cannot make them for
11    myself. The physician(s) taking care of me will determine
12    when I lack this ability.
13        (If no box is checked, then the box above shall be
14    implemented.) OR
15    .... Make decisions for me only when I cannot make them for
16    myself. The physician(s) taking care of me will determine
17    when I lack this ability. Starting now, for the purpose of
18    assisting me with my health care plans and decisions, my
19    agent shall have complete access to my medical and mental
20    health records, the authority to share them with others as
21    needed, and the complete ability to communicate with my
22    personal physician(s) and other health care providers,
23    including the ability to require an opinion of my physician
24    as to whether I lack the ability to make decisions for
25    myself. OR

 

 

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1    .... Make decisions for me starting now and continuing
2    after I am no longer able to make them for myself. While I
3    am still able to make my own decisions, I can still do so
4    if I want to.
 
5    The subject of life-sustaining treatment is of particular
6importance. Life-sustaining treatments may include tube
7feedings or fluids through a tube, breathing machines, and CPR.
8In general, in making decisions concerning life-sustaining
9treatment, your agent is instructed to consider the relief of
10suffering, the quality as well as the possible extension of
11your life, and your previously expressed wishes. Your agent
12will weigh the burdens versus benefits of proposed treatments
13in making decisions on your behalf.
14    Additional statements concerning the withholding or
15removal of life-sustaining treatment are described below.
16These can serve as a guide for your agent when making decisions
17for you. Ask your physician or health care provider if you have
18any questions about these statements.
 
19SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES
20(optional):
21    .... The quality of my life is more important than the
22    length of my life. If I am unconscious and my attending
23    physician believes, in accordance with reasonable medical
24    standards, that I will not wake up or recover my ability to

 

 

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1    think, communicate with my family and friends, and
2    experience my surroundings, I do not want treatments to
3    prolong my life or delay my death, but I do want treatment
4    or care to make me comfortable and to relieve me of pain.
5    .... Staying alive is more important to me, no matter how
6    sick I am, how much I am suffering, the cost of the
7    procedures, or how unlikely my chances for recovery are. I
8    want my life to be prolonged to the greatest extent
9    possible in accordance with reasonable medical standards.
 
10SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
11    The above grant of power is intended to be as broad as
12possible so that your agent will have the authority to make any
13decision you could make to obtain or terminate any type of
14health care. If you wish to limit the scope of your agent's
15powers or prescribe special rules or limit the power to
16authorize autopsy or dispose of remains, you may do so
17specifically in this form.
18..................................
19..............................
 
20My signature:..................
21Today's date:................................................
 
22HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
23COMPLETE THE SIGNATURE PORTION:

 

 

SB0182 Enrolled- 35 -LRB101 04969 LNS 49978 b

1    I am at least 18 years old. (check one of the options
2below):
3    .... I saw the principal sign this document, or
4    .... the principal told me that the signature or mark on
5    the principal signature line is his or hers.
6    I am not the agent or successor agent(s) named in this
7document. I am not related to the principal, the agent, or the
8successor agent(s) by blood, marriage, or adoption. I am not
9the principal's physician, advanced practice registered nurse,
10dentist, podiatric physician, optometrist, psychologist, or a
11relative of one of those individuals. I am not an owner or
12operator (or the relative of an owner or operator) of the
13health care facility where the principal is a patient or
14resident.
15Witness printed name:............
16Witness address:..............
17Witness signature:...............
18Today's date:................................................
 
19    (c) The statutory short form power of attorney for health
20care (the "statutory health care power") authorizes the agent
21to make any and all health care decisions on behalf of the
22principal which the principal could make if present and under
23no disability, subject to any limitations on the granted powers
24that appear on the face of the form, to be exercised in such
25manner as the agent deems consistent with the intent and

 

 

SB0182 Enrolled- 36 -LRB101 04969 LNS 49978 b

1desires of the principal. The agent will be under no duty to
2exercise granted powers or to assume control of or
3responsibility for the principal's health care; but when
4granted powers are exercised, the agent will be required to use
5due care to act for the benefit of the principal in accordance
6with the terms of the statutory health care power and will be
7liable for negligent exercise. The agent may act in person or
8through others reasonably employed by the agent for that
9purpose but may not delegate authority to make health care
10decisions. The agent may sign and deliver all instruments,
11negotiate and enter into all agreements and do all other acts
12reasonably necessary to implement the exercise of the powers
13granted to the agent. Without limiting the generality of the
14foregoing, the statutory health care power shall include the
15following powers, subject to any limitations appearing on the
16face of the form:
17        (1) The agent is authorized to give consent to and
18    authorize or refuse, or to withhold or withdraw consent to,
19    any and all types of medical care, treatment or procedures
20    relating to the physical or mental health of the principal,
21    including any medication program, surgical procedures,
22    life-sustaining treatment or provision of food and fluids
23    for the principal.
24        (2) The agent is authorized to admit the principal to
25    or discharge the principal from any and all types of
26    hospitals, institutions, homes, residential or nursing

 

 

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1    facilities, treatment centers and other health care
2    institutions providing personal care or treatment for any
3    type of physical or mental condition. The agent shall have
4    the same right to visit the principal in the hospital or
5    other institution as is granted to a spouse or adult child
6    of the principal, any rule of the institution to the
7    contrary notwithstanding.
8        (3) The agent is authorized to contract for any and all
9    types of health care services and facilities in the name of
10    and on behalf of the principal and to bind the principal to
11    pay for all such services and facilities, and to have and
12    exercise those powers over the principal's property as are
13    authorized under the statutory property power, to the
14    extent the agent deems necessary to pay health care costs;
15    and the agent shall not be personally liable for any
16    services or care contracted for on behalf of the principal.
17        (4) At the principal's expense and subject to
18    reasonable rules of the health care provider to prevent
19    disruption of the principal's health care, the agent shall
20    have the same right the principal has to examine and copy
21    and consent to disclosure of all the principal's medical
22    records that the agent deems relevant to the exercise of
23    the agent's powers, whether the records relate to mental
24    health or any other medical condition and whether they are
25    in the possession of or maintained by any physician,
26    psychiatrist, psychologist, therapist, hospital, nursing

 

 

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1    home or other health care provider. The authority under
2    this paragraph (4) applies to any information governed by
3    the Health Insurance Portability and Accountability Act of
4    1996 ("HIPAA") and regulations thereunder. The agent
5    serves as the principal's personal representative, as that
6    term is defined under HIPAA and regulations thereunder.
7        (5) The agent is authorized: to direct that an autopsy
8    be made pursuant to Section 2 of the Autopsy Act "An Act in
9    relation to autopsy of dead bodies", approved August 13,
10    1965, including all amendments; to make a disposition of
11    any part or all of the principal's body pursuant to the
12    Illinois Anatomical Gift Act, as now or hereafter amended;
13    and to direct the disposition of the principal's remains.
14        (6) At any time during which there is no executor or
15    administrator appointed for the principal's estate, the
16    agent is authorized to continue to pursue an application or
17    appeal for government benefits if those benefits were
18    applied for during the life of the principal.
19    (d) A physician may determine that the principal is unable
20to make health care decisions for himself or herself only if
21the principal lacks decisional capacity, as that term is
22defined in Section 10 of the Health Care Surrogate Act.
23    (e) If the principal names the agent as a guardian on the
24statutory short form, and if a court decides that the
25appointment of a guardian will serve the principal's best
26interests and welfare, the court shall appoint the agent to

 

 

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1serve without bond or security.
2(Source: P.A. 99-328, eff. 1-1-16; 100-513, eff. 1-1-18;
3revised 10-4-18.)